INDICTMENT

No. VIII.

CROWN AND CRIMINAL PROCEEDINGS.

CRIMINAL INFORMATION-EX OFFICIO INFORMATIONQUO WARRANTO INFORMATION-CERTIORARI-PROCEDENDO MANDAMUS.

INDICTMENT-FOR HIGH TREASON.

Middlesex, to wit.-The Jurors of our Lady the Queen [i. e. the Grand Jurors] upon their oath present that Smirk Mudflint, late of the Parish of Saint Martin-in-the-Fields, in the County of Middlesex, labourer, a subject of our said Lady the Queen then and there being, not regarding the duty of his allegiance, nor having the fear of God in his heart, but being moved and seduced by the instigation of the devil, as a false traitor against our said Lady the Queen, and wholly withdrawing the allegiance, fidelity, and obedience, which every true and faithful subject of our said Lady the Queen should, and of right ought, to bear towards our said Lady the Queen, on the first day of May, in the eighth year of the reign of our Sovereign Lady Victoria, and on divers other days, as well before as after, with force and arms, at the Parish aforesaid, in the County aforesaid, maliciously and traitorously, together with divers other false traitors, to the jurors aforesaid unknown, did compass, imagine, devise, and intend to depose our said Lady the Queen from the royal state, title, power, and government of this realm, and from the style, honour, and kingly name of the imperial crown thereof, and to bring and put our said Lady the Queen to death: and the said treasonable compassing, imagination, device, and intention, then and there, maliciously and traitorously did express, utter, declare, and evince, by divers overt acts and deeds, hereinafter mentioned, that is to say: IN ORDER TO FULFIL, PERFECT, AND BRING TO EFFECT, his most evil and wicked treason and treasonable compassing, imagination, device,

and intention aforesaid, he the said Smirk Mudflint, as such false traitor as aforesaid, afterwards, to wit, on the said first day of May, in the year aforesaid, and on divers other days, as well before as after, with force and arms, at the Parish aforesaid, in the County aforesaid, maliciously and traitorously did conspire, consult, consent, and agree with one Samuel Repton, and divers other false traitors, to the jurors aforesaid unknown, to raise, levy, and make insurrection, rebellion, and war, within this kingdom, against our said Lady the Queen; AND FURTHER, FULFIL, PERFECT, AND BRING TO EFFECT, his most evil and wicked treason, and treasonable compassing, imagination, device, and intention aforesaid, he the said Smirk Mudflint, as such false traitor as aforesaid, afterwards, to wit, [&c., &c., so proceeding to state other overt acts in the same manner; and then concludes thus]: in contempt of our said Lady the Queen, and her laws, to the evil example of all others in the like case offending, contrary to the duty of the allegiance of him the said Smirk Mudflint, against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity.

INFORMATIONS.

1.—CRIMINAL INFORMATION (by the Queen's Coroner and Attorney)

FOR SENDING A CHALLENGE TO FIGHT.

Easter Term, in the eighth year of the reign of Queen Victoria. Essex, to wit.-Be it remembered, that Charles Francis Robinson, Esq., Coroner and Attorney of our Lady the now Queen, in the Court of our Lady the Queen, before the Queen herself, who prosecutes for our Lady the Queen in this behalf, in his proper person, comes here into the said Court of our said Lady the Queen, before the Queen herself, at Westminster, on - after this same term, and for our said Lady the Queen; gives the Court here to understand, and be informed, that Jacob Newman, late of the Parish of Epping, in the County of Essex aforesaid, gentleman, being a person of a turbulent and quarrelsome temper and disposition, and contriving and intending, not only to vex, injure,

in

and disquiet one John Soames, and to do the said John Soames some grievous bodily harm, but also to provoke, instigate, and excite the said John Soames to break the peace, and to fight a duel with and against him, the said Jacob Newman, on the first day of April, in the eighth year of the reign of our Sovereign Lady Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, defender of the faith, with force and arms, at the Parish aforesaid, in the County aforesaid, wickedly, wilfully, and maliciously did write, send, and deliver, and cause and procure to be written, sent, and delivered unto him, the said John Soames, a certain letter, and paper writing, directed by him, the said Jacob Newman, containing a challenge to fight a duel, with and against him, the said John Soames, and which said letter and paper writing is as follows, that is to say [here set out the letter with such innuendos as may be necessary] to the great damage, scandal, and disgrace of the said John Soames, in contempt of our Lady the Queen and her laws, and against the peace of our Lady the Queen, her crown and dignity. (Second Count) And the said Coroner and Attorney of our Lady the Queen, who prosecutes as aforesaid, further gives the Court here to understand, and be informed, that the said Jacob Newman, contriving and intending as aforesaid, afterwards, to wit, on the day and year aforesaid, with force and arms, at the Parish aforesaid, in the County aforesaid, wickedly, wilfully, and maliciously, did provoke, instigate, excite, and challenge the said John Soames to fight a duel, with and against him, the said Jacob Newman, to the great damage, scandal, and disgrace of the said John Soames, in contempt of our Lady the Queen and her laws, and against the peace of our said Lady the Queen, her crown and dignity. And, therefore, the said Coroner and Attorney of our said Lady the Queen prays the consideration of the Court here in the premises, and that due process of law may be awarded against the said Jacob Newman in this behalf, to make him answer to our said Lady the Queen, touching and concerning the premises aforesaid.*

* Archbold's Practice of the Crown Office, p. 41., edit. 1844.

II.-EX-OFFICIO INFORMATION BY THE ATTORNEY GENERAL.

Easter Term, in the eighth year of the reign of Queen Victoria. Middlesex, to wit.-Be it remembered, that Sir William Follett, Knight, Attorney General of our Lady the now Queen, who prosecutes for our said Lady the Queen in this behalf, in his proper person, comes here into the Court of our said Lady the Queen, before the Queen herself, at Westminster, on the fifteenth day of April, in this same term, and for our said Lady the Queen, gives the Court here to understand and be informed, that, &c. [here state the subjectmatter of the information]. And, therefore, the said Attorney General of our said Lady the Queen, prays the consideration of the Court here in the premises, and that due process of law may be awarded against him, the said George Grange, in this behalf, to make him answer to our said Lady the Queen, touching and concerning the premises aforesaid.

III. QUO WARRANTO INFORMATION.

Of Trinity Term, in the eighth year of the reign of Queen Victoria. Lancashire, to wit.-Be it remembered, that Charles Francis Robinson, Esquire, Coroner and Attorney of our Lady the Queen, in the Court of our said Lady the Queen, before the Queen herself, who prosecuteth for our said Lady the Queen in this behalf, in his own proper person, cometh here into the Court of our said Lady the Queen, before the Queen herself, at Westminster, on the 26th day of May, in the same term, and for our said Lady the Queen, at the relation of James Strutt, of the Borough of Bolton, in the County of Lancaster aforesaid, gentleman, according to the form of the statute in such case made and provided, giveth the Court here to understand and be informed, that the Borough of Bolton, in the County of Lancaster aforesaid, is an ancient borough, and that the burgesses of the said borough for divers, to wit, twelve years next, before the passing of an Act of Parliament, made and passed in the sixth year of the reign of the

late King William the Fourth, entitled "an Act to provide for the Regulation of Municipal Corporations in England and Wales," and until the making and passing of the said Act, that is to say, until the in the year of our Lord 18-, were one body corporate and politic, in deed, fact, and name, by the name of ; and since the said making and passing of the

day of

day of politic, by the

said Act, that is to say, from and after the said have been, and still are, one body corporate and name of of the Borough of Bolton, in the County of Lancaster, to wit, at the Borough of Bolton, in the County of Lancaster aforesaid; and that within the said Borough, pursuant to the provisions of the said Act, there hath been, and still of right ought to be, one mayor, divers, to wit, eight aldermen, and divers, to wit, twenty councillors, of the said Borough, to be elected in the manner in the said act specified; and that the office of mayor of the said Borough, ever since the making and passing of the said act, hath been, and still is, a public office, and an office of great trust and pre-eminence within the said Borough, touching the rule and government of the said Borough, and the administration of public justice within the same, that is to say, at the Borough of Bolton, in the said County; and that Julius Jenks, late of the Borough aforesaid, in the County aforesaid, gentleman, on the day ofin the seventh year of the reign of our Sovereign Lady Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, defender of the faith, at the Borough aforesaid, in the County aforesaid, did use and exercise, and thence continually afterwards, to the time of exhibiting this information, hath there used and exercised, and still doth there use and exercise, without any legal warrant, royal grant, or right whatsoever, the office of mayor of the said Borough, and for and during all the time last aforesaid, hath there claimed, and still doth claim, without any legal warrant, royal grant or right whatsoever, to be mayor of the said Borough, and to have, use, and enjoy all the liberties, privileges, and franchises to the office of mayor of the said Borough belonging and appertaining; which said office, liberties, privileges, and franchises, he the said Julius Jenks for, and during all the time last aforesaid, upon our said