Зображення сторінки
PDF
ePub

well knowing the premises, afterwards and during the time the said M. W. was kept and detained in the same gaol for the cause aforesaid, that is to say on the said, &c. he the said T. L. (then and yet being one of the justices of our said lord the king assigned, &c.) [as ante 182.] but having no regard for the duty of his said office, or for the laws and statutes of this realm, but unjustly and corruptly devising, designing, contriving and intending to pervert the due course of law and justice and to make the same subservient to his own private wicked purposes and intentions, and also devising, designing, contriving and intending to cause and procure the said M. W. to be discharged and go unpunished for the said last-mentioned offences, did then and there, to wit, on the said, &c. at, &c. aforesaid, with force and arms, unlawfully, unjustly and corruptly cause and procure the said M. W. to be discharged out of the said gaol, and to go unpunished for the said last-mentioned offences by then and there making a certain other warrant purporting to be a warrant under the hand and seal of him the said T. L. and to bear date the same day, and to be directed to the keeper of N. or his deputy, and thereby directing and requiring the said keeper of N. or his deputy to discharge the body of the said [*247] M.W.* and also in and by the said last-mentioned warrant, suggesting that he the said T. L. had taken sufficient sureties for the personal appearance of him the said M. W. at the then next general gaol delivery to be holden for the said county of Middlesex, at justice-hall, in the Old Bailey, in the suburbs of the city of London; whereas in truth and in fact he the said T. L. did not take sufficient sureties for the personal appearance of the said M. W. at the said then next general gaol delivery, to be holden for the said county of Middlesex, as in and by the said last-mentioned warrant is most falsely suggested by reason and by means whereof he the said M. W. was discharged out of the said gaol of N. in which he was so confined for the matters last-mentioned as aforesaid, and did not appear at the said then next general gaol delivery, holden for the said county of M. as in and by the said last-mentioned warrant is most falsely suggested, by reason and means whereof he the said M. W. was discharged out of the said gaol of N. in which he was so confined for the matters lastmentioned as aforesaid, and did not appear at the said then next general gaol delivery, holden for the said county of M. to answer for the same, and also by reason and means thereof he the said M. W. did escape and go unpunished for the said lastmentioned offences for which he had been so detained in the said gaol of N. as aforesaid, to the great hindrance of, &c. [as before.] And the said coroner and attorney, &c. that afterwards, that is to say, on, &c. aforesaid, the said M. W. duly committed to his said majesty's said gaol of N. for the and that va- said county of M. by B. M. esquire, (then and yet one of the rious indict- justices of our said lord the king, assigned, &c.) [as ante 182.]

Third count states com

mitment as

in the first,

was

but defend

not appear.

by a certain other warrant under his hand and seal, bearing ments were date the day and year last-above-mentioned, for seducing Jo- preferred, seph, (meaning Joseph Pyne,) J. S., W. F., T.S., J. T., W. B. ant took inand J. K. (being natives of this kingdom, and manufacturers sufficient in glass) to go into foreign service, and that afterwards, to wit, sureties and at the session of the general gaol delivery of N. holden for prisoner did the said county of M. at justice hall in Old Bailey, in the suburbs of the city of London, on, &c. (the same being the first session of general gaol delivery, holden in the said county after the said nineteenth day of July) the said M. W. was in due form of law indicted in one indictment by the name of M. W. late of, &c. amongst other things for unlawfully, &c. [state the substance of the indictment,] and that he the said M. W. in the said last-mentioned warrant named, was also at the same session of general gaol delivery of N. holden for the said county of M. in due form of law indicted in another indictment by the name of M. W. otherwise M. W. late of the parish of Saint John, Wapping, in the county of M. yeoman, among other things for unlawfully enticing, &c. [set out* the [*248] substance of the second indictment,] and that he the said M. W. in the said last-mentioned warrant named, was also at the same session of general gaol delivery of N. holden for the said county of M. in due form of law indicted, &c. [set out this and other indictments in like manner.] And the said coroner and attorney of, &c. further, &c. that the said T. L. after the time of the said M. W.'s being so committed to the said gaol of N. by such last-mentioned warrant as aforesaid, and during the time of his the said M. W.'s being detained in the gaol of N. by virtue of such warrant, and before the said session of general gaol delivery of N. so holden for the said county of M. that is to say on the said, &c. aforesaid, at, &c. aforesaid, (being then such justice of the peace of our said lord the king as aforesaid, and well knowing the grievous pains and penalties he the said M. W. would by the laws and statutes of this realm become subject and liable to, by means of the several offences so as aforesaid charged against him, in and by such last-mentioned warrant, but wickedly, unlawfully and corruptly devising, contriving and intending contrary to the duty of his office, and the laws of this kingdom, to cause and procure the said M. W. to escape and go unpunished for the offences so as aforesaid charged against him, in and by the said last-mentioned warrant) he the said T. L. did then and there with force and arms unlawfully, wilfully, unjustly and corruptly cause and procure him the said M. W. to be discharged out of the said gaol, and to go unpunished for the said offences in the said last-mentioned warrant mentioned, by his the said T. L. then and there making a certain other warrant under his hand and seal purporting to bear date on the said, &c. and to be directed to the keeper of N. or his deputy, and which said warrant is according to the purport and effect following, that is to say, [here set out the warrant,] whereas in truth and in fact he the said T. L.

had not taken sufficient sureties for the personal appearance of the said M. W. at the said then next general gaol delivery to be holden for the said county of M. as in and by the said lastmentioned warrant is most untruly alleged, and he the said T. L. then and there well knew the same, by reason and means whereof he the såid M. W. was then and there discharged out of the said gaol of N. in which he was so detained for the cause aforesaid, and did not appear at the said then next general gaol delivery holden for the said county of M. or at any subsequent session of general gaol delivery holden for the said county to answer to all or any or either of the said indictments so as aforesaid, there depending against him, but therein made default, and by reason and means thereof all and every the said indictments still remain unanswered and undefended, and [*249] he the said M. W. hath* hitherto escaped and gone unpunished for the several offences for which he was so. committed to the said gaol of N. as aforesaid to the total perversion of the public justice of this kingdom, in contempt, &c. [as before, and then add usual conclusion, ante 7.]

Information

tices for

ale house

after the

same had

the magis

trates at a

general ses sion. (i)

[Commencement of information as ante 7.] that on, &c. at, against jus- &c. a general meeting of the justices assigned to keep the granting a li- peace of our said lord the king, in and for the county of Surcense for an rey, and also to hear and determine divers felonies, trespasses and other misdemeanours committed in the same county, acting in a certain hundred in the said county of S. called the been refused hundred of R., in the county aforesaid, was duly held for the before by purpose of licensing persons to keep common inns or alehouses within the said hundred according to the form of the statutes in such case made and provided; and the said coroner and attorney of, &c. further, &c. that H. C. as a person residing and dwelling at R. aforesaid in the said county of S. within the said hundred, called the hundred of R. at the said meeting of the said justices holden before A. D. esquire, the reverend J. W. clerk, and W. N. esquire, then and still being three of the keepers of the peace and justices of the said lord the king, assigned to hear and determine divers felonies, trespasses and other misdemeanours committed in the said county of S., acting in and for the said hundred, did then and there require the said justices to grant unto him the said H. C. a license to keep a common ale house or victualling house, in a certain house wherein the said H. C. then intended to inhabit and dwell at R. aforesaid, within the hundred aforesaid, for the space of one year from, &c. And the said coroner and attorney, &c. further, &c. that the said A. D. esquire, J. W. clerk, and W. N. esquire, being such justices as aforesaid, and being the only acting justices of the said meeting did then and there on, &c. aforesaid, (having taken all and singular the premises

(i) See 4 Went. 455, 364. ante, and the note ante, 236. note, e. 1

Burr. 556. 3 Burr. 1317, 1716, 1786.
Burn J. Ale houses.

into their consideration) refuse to grant a license under their hands and seals for keeping a common ale house or victualling house, in the said house at R. aforesaid, within the hundred aforesaid, as by law they had a right to do, and did not adjourn the said meeting to any other time or place. And the said coroner and attorney, &c. further, &c. that the reverend T. R. F. late of M. in the said county of S. clerk, and the reverend P. W. late of H. in the said county, clerk, being two of the keepers of the peace of our said lord the king, and justices of our said lord the king, assigned to hear and determine divers felonies, trespasses and other misdemeanours committed in the same county of S. well knowing all and singular the premises aforesaid, and having notice that a license had been* refused to be granted by the said A. D. esquire, J. W. clerk, and W. N. esquire, at the said meeting as aforesaid, being such justices as aforesaid, acting in and for the said hundred of R. in manner and for the purpose aforesaid, but not having any regard for the laws of this realm, but being minded and intending to increase the number of common ale houses and victualling houses in the hundred of R. aforesaid, in the county of S. aforesaid, in defiance of legal magistracy and good order and government, afterwards, to wit, on, &c. with force and arms at, &c. aforesaid, did unlawfully, wickedly, wrongfully, and corruptly meet and assemble together as keepers of the peace, and justices of our said lord the king, for the said county as aforesaid, for the purpose of granting a license for the keeping a common ale house or victualling house within the said house, for which he the said H. C. had so required a license, () notwithstanding the said A. D. esquire, J. W. clerk, and W. N. esquire, being such justices as aforesaid, acting in and for the said hundred of R. in manner and for the purpose aforesaid, had refused to grant a license for the keeping a common ale house, or victualling house, in the said house as by law they had a right to do: and notwithstanding they the said T. R. F. and P. W. well knew the same, and being then and there so met and assembled they the said T. R. F. and P. W. did unlawfully, wickedly, wrongfully and corruptly grant their license under their hands and seals to and for W. E. to keep a common ale house or victualling house, in the same house for which he the said H. C. had so required a license as aforesaid, (j) the said T. R. F. well knowing that such license for the keeping a common ale house or victualling house in the said house had been refused by the said A. D. esquire, J. W. clerk, and W. N. esquire, being such justices as aforesaid, acting in and for the said hundred of R.

[*250]

(j) Quære if the several counts time as the other magistrates had reought not to aver, that the defend- fused it for.

ants granted the license for the same

Crim. Law.

VOL. II.

26

Second count.

at the said meeting by them held on the said, &c. at, &c. aforesaid, for the hundred of R. aforesaid, in breach and violation of the duty of the said J. R. F. and P. W. as such keepers of the peace, and justices as aforesaid, in contempt, &c. and against the peace, &c. And the said coroner and attorney of, &c. further, &c. that the said T. R. F. and P. W. being two of the keepers of the peace of our said lord the king, and justices assigned to hear and determine divers felonies, trespasses and other misdemeanours committed in the said county of S. not having any regard for the laws and statutes of this realm, but regardless of their duty as such keepers of the peace of our said lord the king, and justices of our said lord the king as aforesaid, afterwards, to wit, on, &c. with force and arms, at, &c. afore[*251] said, did unlawfully, wrongfully* and corruptly grant their license under their hands and seals to W. E. to keep a common ale house or victualling house in a certain other house in R. aforesaid, for the space of one year from, &c. aforesaid, they the said T. R. F. and P. W. then and there well knowing that a license for a common ale house or victualling house in such last mentioned house had been refused to be granted by the aforesaid A. D. esquire, J. W. clerk, and W. N. esquire, being such justices as aforesaid, acting in and for the said hundred of R. aforesaid at a meeting held before that time, that is to say, on, &c. aforesaid, at, &c. aforesaid, for the hundred of R. aforesaid, for the purpose of licensing persons to keep common inns or ale houses within the aforesaid hundred of R. in the county of S. aforesaid, according to the form of the statute in such case made and provided, and then and there well knowing that they the said T. R. F. and P. W. could not lawfully grant such license in breach and violation of their duty as such keepers of the peace and justices as aforesaid, in contempt, Third count. &c. [as before.] And the said coroner and attorney, &c. that H. W. P. as a person residing and dwelling at R. aforesaid, in the said county of S. within the said hundred, called the hundred of R. at the said meeting of the said justices before the said A. D. esquire, J. W. clerk, and W. N. esquire, then and still being three of the keepers of the peace and justices of our said lord the king assigned to hear and determine divers felonies, trespasses and other misdemeanours committed in the said county of S. acting in and for the said hundred, did then and there require the said justices to grant unto him the said H. W. P. a license to keep a common ale house, inn or victualling house, in the house wherein he the said H. W. P. did then inhabit and dwell at R. aforesaid, within the hundred aforesaid, for the space of one year from, &c. And the said coroner and attorney of, &c. further, &c. that the said A. D. esquire, J. W. clerk, and W. N. esquire, being such justices as aforesaid, and being the only acting justices at the said meeting, then and there on the said, &c. (having taken all and singular the premises into their consideration) did refuse to grant

« НазадПродовжити »