and determine divers felonies, trespasses, and other misdemeanours in the said county committed, at the general quarter session of the peace to be holden in and for the said county of L. by adjournment at the New Bayley court-house, within S. aforesaid, in and for the said county, on Wednesday, the twentieth day of April, in the thirty-eighth year of the reign aforesaid, twelve good and lawful men of the vicinage of B. in the said county, every one of whom to have ten pounds a year at least in lands, tenements, or rents, by whom the truth of the matter may be better known, and who are in no wise related to the said A. S. to make a certain jury of the country between the said lord the king and the said A. S. in a plea of traverse; because as well the said lord the king as the aforesaid A. S. between whom the contention is, have put themselves on this account upon the said jury, the same day is given as well to the said E. L. esquire, attorney-general aforesaid, who prosecutes for our said lord in this behalf, as to the said A. S. indictment mission of Wilts. Be it remembered that, at the session of oyer and Issue where terminer of our lord the king, held at New Sarum, in and preferred at for the county of Wilts, on Saturday the fourteenth day of assizes for March, in the seventh year of the reign of our sovereign Wiltshire, lord George the third, king of Great Britain, &c. before the under com. honourable sir Henry Gould, knight, one of the justices of oyer and ter his majesty's court of common pleas, the honourable James miner. (c) Hewitt, esquire, one of the justices of his majesty's court of king's bench, and others their fellows, justices of our said lord the king, assigned by letters patent of our said lord the king, under his great seal of Great Britain, to them the said sir Henry Gould, James Hewitt, and others, some two or more of them directed, (of whom some one of them the said sir Henry Gould, knight, and James Hewitt, esquire, our said lord the king willed to be one,) to inquire more fully the truth, by the oath of good and lawful men of the said county, and by other ways, means, and methods by which they should or might better know, as well within liberties as without, by whom the truth of the matter might be the better known and inquired into, and of all treasons, misprisions* [* 282] of treason, insurrections, rebellions, counterfeitings, clippings, washings, false coinings, and other falsities of the money of Great Britain, and other kingdoms or dominions whatsoever, and of all murders, felonies, manslaughters, killings, burglaries, rapes of women, unlawful meetings and conventicles, unlawful uttering of words, assemblies, misprisions, confederacies, false allegations, trespasses, riots, routs, retentions, escapes, contempts, falsities, negligences, concealments, maintenances, oppressions, champarties, de (c) 6 Wentw. 1. Plea. Award of ve. nire. county ceits, and all other evil doings, offences, and injuries whatsoever, and also the accessaries of them within the said county, as well within liberties as without, by whomsoever and in what manner soever done, committed, or perpetrated; and the said treasons, and other the premises, according to the laws and customs of England for this time, to hear and determine, by the oath of Thomas Goddard, J. J. C. P. &c. [here insert the names of the jurors by whom the bill was found,] esquires, good and lawful men of the said county, then and there sworn and charged to inquire for our said lord the king for the body of the said county, it is presented in manner and form following, that is to say, [here set out the indictment.] At which same session of oyer and terminer of our said lord the king, holden at New Sarum aforesaid, in and for the said county, on the said fourteenth day of March, in the seventh year of the reign aforesaid, before the same justices cometh the said R. B. in his own proper person, and having heard the said indictment read, says he is not guilty thereof, and thereupon puts himself upon the country, and R. M. esquire, clerk of the assize, and clerk of the crown of the said county, who prosecutes for our said lord the king in this behalf, doth the like: therefore the sheriff of the said county is commanded that he do not omit, by reason of any liberty in his bailiwick, but that he cause to come before the justices of our lord the king, at the next session of oyer and terminer to be holden for the said county, twelve good and lawful men of the parish of C. aforesaid, by whom the truth of the matter will be the better known, and who have no affinity to the said R. B. to recognize upon their oath, whether the said R. B. be guilty of the premises in the indictment aforesaid above specified or not, because as well as the said R. M. who, &c. as the said R. B. have put themselves upon that jury; the same day is given to the parties, at the same place, &c. [* 283] Wilts. Be it remembered that at the session of oyer and Issue at assi- terminer, [state the caption] by the oath of A. B. &c. good zes on indict and lawful men, &c. it is presented as follows: [here set out ment for the the indictment.] Whereupon the sheriff of the said county where some is commanded that he do not omit, by reason of any liberty of the defen in his bailiwick, but that he, the said sheriff, the said C. D. dants plead and E. F. [the defendants,] cause to come before the jused guilty, tices of our said lord the king at the next sessions of oyer and one pleaded not guilty, terminer of our said lord the king to be holden for the said and the county, to answer our said lord the king touching and conother did not cerning the premises. At which next sessions of oyer and appear, with award of ju. terminer of our said lord the king, holden at New Sarum ry-process to aforesaid in and for the said county, on Saturday, the sixth coroners, of March, in the thirteenth year of the reign, &c. (insert (one of the the caption of the assizes as ante 281,2, to the words "for baving been this time to hear and determine," and then proceed as fol defendants lows,) the said C. D. and E. F. &c. (two of the defendants,) elected in their proper persons come, and having heard the indict- sheriff) (d) ment read severally, say that they are guilty of the premises in the indictment aforesaid above specified, in manner as there charged against them, and they put themselves on the mercy of our said lord the king; but because the said justices last above named, &c. now here, are not yet advised what judgment to give in the premises aforesaid, a day is therefore given as well to John Follett, esquire, clerk of the assizes, and clerk of the crown of the said county, who prosecutes for our said lord the king in this behalf, as to the said C. D., J. P. [and the other defendants,] until the next session of oyer and terminer of our said lord the king, to be holden for the said county. And at the same session of oyer and terminer of our said lord the king, holden at New Sarum aforesaid, in and for the said county, on Saturday, the sixth of March, in the thirteenth year aforesaid, before, &c. [state caption] cometh the said E. P. the elder, in his proper person; and the said E. P. the elder, having heard the said indictment read, saith that he is not guilty, and thereupon he puts himself upon the country, and the said John Follett, who prosecutes for our said lord the king in this behalf doth so likewise. And at the same session of oyer and terminer last above mentioned, the said E. P. the younger, doth not come, wherefore the sheriff of the said county is commanded, as before, that he do not omit, by reason of any liberty in his bailiwick, but that he cause the said E. P. the younger, to come before the justices of our said lord the king, at the next sessions of oyer and terminer of our lord the king, concerning the premises aforesaid, and because the said E. P. the elder, since the finding of the indictment aforesaid, hath been elected and appointed sheriff of the county aforesaid, and now is sheriff of the county aforesaid, the coroners of the said county are commanded that they do not omit by reason of any liberty in the county of Wilts aforesaid; but that they cause to come* before the justices of our said lord [* 284] the king, at the next session of oyer and terminer of our said lord the king, to be holden for the said county, twelve good and lawful men of the neighbourhood of the parish of B. aforesaid, by whom the truth of the matter may be better known, and who have no affinity to the said E. P. the elder, to recognize upon their oath, whether the said E. P. the elder is guilty of the premises in the indictment, aforesaid above specified or not, because as well the said John Follett, who prosecutes for our said lord the king in this behalf, as the said E. P. the elder, have put themselves upon the same jury, the same day is given, as well to the said John Follett, who, &c. as to the said E. P. the elder. (d) See form, 6 Wentw. 430. Issue in K. B. on an indict Pleas before our lord the king, at Westminster, of Trinity ment against term, in the forty-second year of the reign of our sovereign the inhabi lord George the third, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith. tants of a parish re moved from the sessions. (e) the} say, Roll. Amongst the pleas of the king. Somersetshire. Amongst the Some time ago, that is to indictments of this term. on Wednesday, the thirteenth day of January, in the forty-second year of the reign of our sovereign lord George the third, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, and in the year of our Lord one thousand seven hundred and two, at the general quarter session of the peace of our sovereign lord the king, held at the city of W. in and for the county of S. before J. B. B. esquire, chairman, sir J. C. H. &c. esquires, [naming several,] and others their companions, justices of our said lord the king, assigned to keep the peace of our said lord the king in and for the county of S. aforesaid, and also to hear and determine divers felonies, trespasses, and other misdemeanours, done or perpetrated in the same county and so forth, upon the oath of twelve jurors, good and lawful men of the county aforesaid, then and there sworn and charged to enquire, as well for our sovereign lord the king, as for the body of the whole county of S. it was presented as followeth, that is to say, [here set out the indictment,] which said indictRemoval by ment our said lord the king afterwards for certain reasons caused to be brought before him to be determined according to the law and custom of England; wherefore the sheriff of the said county of S. is commanded that he should not forbear, by reason of any liberty in his bailiwick, but that he cause them to come to answer to our said lord the king [285] touching and concerning* the premises aforesaid : and now, Defendant's that is to say, on Friday next, after the morrow of the Holy appearance Trinity in this same term, before our said lord the king at plea and is W. come W. P. and W. B. two of the inhabitants of the said parish of N. C. for themselves and the rest of the inhabitants of the said parish by J. O. J. their clerk in court, and having heard the said indictment read, they say, that the inhabitants of the said parish of N. C. are not guilty thereof, and hereupon for themselves and the rest of the inhabitants of the said parish they put themselves upon the country; and J. T. esq. coroner and attorney of our said lord the king, in the court of our said lord the king, before the king himself, who for our said lord the king in this behalf prosecuteth, doth the like. certiorari into K. B. in K. B. and sue. Issue in K. B. Pleas before our lord the king at Westminster, of Hilary term, in the fifty-third year at the reign of our sovereign (e) See form, Hand's Prac. 391, 385. 4 Wentw. 198. lord George the third, by the grace of God, of the united dictment re kingdom of Great Britain and Ireland, king, defender of moved by } certiorari from Cambridge ses sions. the faith. Amongst the pleas of the king. Roll. Cambridgeshire, to wit. Some time ago amongst the indictments of this term. (that is to say), Friday, the 9th day of October, being Friday in the first week after the feast of Saint Michael the archangel, in the fifty-second year of the reign of our sovereign lord George the third, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, and in the year of our Lord, 1812, at the general quarter sessions of the peace of our sovereign lord the king, holden at Cambridge, in and for the said county of Cambridge, before George Miller, esq. chairman, the Right Hon. Philip Earl of Hardwick, Richard Graves, &c. esquires, the Rev. J. H. &c. clerks, (naming several) and others their companions, justices of our said lord the king, assigned to keep the peace within the said county, and also to hear and determine divers felonies, trespasses, and other misdeeds in the said county done and committed upon the oaths of twelve jurors, good and lawful men of the county aforesaid, then and there sworn and charged, to enquire for our said lord the king and the body of the said county. It was found and presented as follows, (that is to say,) Cambridgeshire, to wit. The jurors of our sovereign lord the king upon their oath present that, &c. (set out indictment,) which said indictment our said lord the Removal by king afterwards for certain reasons caused to be brought be- certiorari. fore him to be determined according to the law and custom of England. Wherefore the sheriff of the said county of Cambridge is commanded that he do not forbear, by reason of any liberty in his bailiwick, but that he cause them to come to answer to our said lord the king, touching and con- [* 286] cerning the premises aforesaid,* and now (that is to say,) Appearance on Saturday next after the octave of St. Hilary, in this same of defendant term, before our said lord the king of Westminster, come the said H. B. J. T. &c. by William Samuel Jones, their clerk in court; and having heard the indictment read they severally say that they are not guilty thereof. And hereupon they severally put themselves upon the county, and James Templer, esquire, coroner and attorney of our said lord the Similiter. king, in the court of our said lord the king, before the king himself, who for our said lord the king in his behalf prosecuteth, doth the like. in K. B. and pea not guilty. Pleas before our lord the king at Westminster, of Easter Issue in K. B. term, in the fortieth year of the reign of our sovereign on an indictlord George the third, by the grace of God, of Greatment remov Britain and Ireland, king, defender of the faith, and so forth. Crim. Law. VOL. IV. ed from the assizes against the M m |