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the king, and other their affociates aforefaid, came the faid J. G. in the cuftody of 'T. C. efquire, fheriff of the county aforefaid, in whose cuftody in the faid goal for the cause aforefaid he had been before committed, being brought to the bar here in his proper perfon who was committed to the said sheriff; and forthwith concerning the premises in the faid indictment above specified and charged on him as above, being asked in what manner he would be tried, the faid J. G. faid he was not guilty thereof, and concerning which, for good and ill, he did put himself upon his country: upon which faid iffue fuch proceedings were had, that afterwards, to wit, on the faid delivery of the faid goal of our faid lord the king, fo held as aforefaid, a certain trial was held by a jury of the faid county, taken between our faid lord the king and the faid J. G. as by the record thereof doth more fully appear; upon which faid trial evidence was given on behalf of our faid lord the king, that the felony and robbery in the faid indictment above Specified was committed by the faid J.G. about half an hour after fix in the afternoon, on the fourth day of June, in the eighth year, &c. And the jurors, &c. now here fworn and charged to enquire for our faid lord the king, for the body of the faid county of upon their oath aforefaid, do further prefent, that G. C. late of

&c. at

,

day of

, in the faid county of , gentleman, being a person of wicked and evil mind and difpofition, and devifing and intending, as much as in him lay, to prevent the due courfe of law and justice, and to caufe and procure the faid J. G. to be entirely acquitted of the faid felony and robbery charged on him, and by the faid indictment to escape unpunished for the fame, did before the faid trial, to wit, on the in the faid ninth year, in the county of , unlawfully and wickedly folicit, incite, and endeavour to perfuade one J. W. to appear as a witnefs on the faid trial fo as aforefaid had for and on the behalf of the faid J. G. and on the faid trial falfely to depofe, fay, and give in evidence, upon his oath to the jury of the county aforefaid, that the faid J. W. carried a fuit of clothes on the fourth day of June laft (meaning the fourth day of June, in the eighth year, &c. the day on which the faid felony and robbery in the faid indictment above specified were proved as aforefaid to have been committed) to the faid J. G. at his lodgings (meaning the lodgings of him the faid J. G.) at the Queen's-head, in the Ship-yard (meaning Ship-yard, in the county laft aforefaid), between four and five (meaning, &c.) in the afternoon of the fame day, and that he the faid J. W. ftaid there an hour, and that the faid J. G. was then fick, and did not buy his clothes; whereas in truth and in fact, the faid J. W. did not go to the faid J. G. on the fourth day of June, in the year laft above-mentioned, at any time in the fame day, at the Queen's-head in Ship-yard aforefaic, or at any other place whatfoever, on any account whatfoever, and which, in truth and in fact, at the time when the faid G. C. did fo folicit, incite, and endeavour to perfuade the faid J. W. to give fuch evidence upon his oath as aforefaid, he the faid G. C. well

knew

knew that he the said J. W. would not give his evidence according to the truth, and that the fame evidence, fo to be given, was falfe, feigned, and altogether fictitious; to the evil example of all others in the like cafe offending, and against the peace of our said lord the king, his crown and dignity.

an

rule for an inin

DERBYSHIRE, The jurors of our lord the king, upon For committing their oath present, that in the term of Eafter, in the fifteenth year perjury in of the reign of our fovereign lord George the Third, king of affidavit before a Commiffioner Great Britain, &c. to wit, on Saturday next, after the morrow of authorized to the Afcenfion of our Lord, a rule was made in and by the court take affidavits of our faid lord the king, before the king himself, the faid court in B. R. to fhew then being held at Weftminster, in the county of Middlefex, for caufe against a one R. T. to fhew caufe why an information, in the nature of a formation, quo warranto fhould not be exhibited against him, to fhew by the nature of a what authority he claimed to be a burgefs or freeman of the town queo warranto, and borough of Derby: And the jurors aforefaid, upon their oath aforefaid, further prefent, that S. C. late of the town and borough of Derby, in the county of Derby, efquire, wilfully devifing, contriving, and intending to prevent the due courfe of law and justice, and to cause and procure the faid rule fo made by the faid court to be discharged, against all truth and juftice, afterwards, to wit, on the eighth day of June, in the fifteenth year, &c. at Derby, in the county of Derby aforefaid, in his proper perfon, came before J. J. gentleman, then being one of the commiffioners of our faid lord the king, duly authorized and empowered to take affidavits in the faid court of our faid lord the king, before the king himself; and the faid S. C. did then and there take his corporal oath, and was in due manner (worn upon the holy Gofpel of God, before the faid J. J. he the faid J. J. then and there having a lawful and competent authority to adminifter an oath to the faid S. C. in that behalf: And the jurors aforefaid, upon their oath aforefaid, further prefent, that the faid S. C. being fo fworn as aforefaid, and not having the fear of God before his eyes, but being moved and feduced by the inftigation of the devil, and entirely difregarding the laws and ftatutes of this realm, and the pains and penalties thereby provided against wilful and corrupt perjury, then and there, to wit, on the faid eighth day of June, in the fifteenth year aforefaid, at Derby aforefaid, in the county aforefaid, before the faid J. J. falfely and malicioufly, wickedly, wilfully, and corruptly did fay, depose, swear, and make affidavit in writing, amongst other things, to the effect and fubftance as followeth, that is to fay, that he the faid S. C. as as well from his own obfervation, experience, inspection, and examination of the common-hall books of the faid borough of Derby the oldeft of which (meaning the eldest of which common hall books then extant) commenced in the year 1673, as from the information of several old perfons who were of the common court of the faid borough, and others who were then dead, it had been the immemorial cuftom, from time to time, for the common-hall of the faid borough, frequently to confer the honour of freedom,

ог

or burgessship, upon fuch perfons as they (meaning faid commonhall) thought proper, and not refiant, as well as refident therein (meaning the faid borough of Derby), paying their fees of office, meaning fees of office of the faid perfons on whom the said honour of freedom or burgefsfhip was conferred), without receiving any confideration for the fame (meaning for the faid honour of freedom, or burgessfhip, conferred on fuch burgeffes), and that the perfons on whom the honour of freedom or burgefsfhip had been fo conferred, had no other title to freedom or burgefsfhip but the voluntary gift of the common-hall (meaning the faid common-hall of the faid borough of Derby), and yet had exercifed the office of burgess (meaning the office of burgefs of the faid borough), and had enjoyed every liberty, franchife, and privilege of the faid borough, from time to time, without any interruption, and particularly had voted for members to ferve in parliament for the faid borough, and that it appeared in the faid common-hall books, that Hugh B. of the borough of Derby, in the faid county, efquire, who (meaning the faid H. B.) had made an affidavit on the prefent occafion, (meaning an occafion of the faid matter then depending in the faid court of our faid lord the king, before the king himself), was at a common-hall for the faid borough, on the fecond day of September 1714, by the name of Mr. H. B. the younger, ordered to be admitted a burgels of the faid borough, along with divers others noted in the faid book (meaning the faid common-hall book), to be honorary members, burgefles; and that at a common-hall held for the faid borough the eleventh day of the faid month of September 1714, he (meaning the faid H. B.) with divers others, was accordingly admitted and fworn a burgefs for the fame borough, and that in 1717, he (meaning the faid H. B.) was elected and fworn a capital burgefs; and that in 1723, he (meaning the faid H. B.) was elected town clerk of the faid borough, which place (meaning town clerk of the faid borough) he (meaning the faid H. B.) had for and about feventeen years, and that it appeared in the faid books (meaning the faid common-hall books), that while he (meaning the faid H. B.) was capital burgefs, and being (meaning the faid H. B.) for fome part of that time town clerk, divers perfons not refident in the fame borough, nor having or claiming any title to that freedom other than the voluntary gift of the common-hall in common council aforefaid, had, with his concurrence (meaning the concurrence of the faid H. B.) at common-hall the honour of the freedom of the faid borough conferred upon and given to them (meaning the faid perfons), and were accordingly admitted burgefles, and fworn burgefles of the faid borough; and that whilst he was town clerk (meaning whilft the faid H. B. was town clerk), he himself (meaning the faid H. B.) entered, or caused to be entered in the faid books (meaning the common-hall books) the names of divers other perfons who alfo had the honour of the freedom of the faid borough conferred upon and given to them; and that the faid H. B. and many other perfons enjoyed the freedom of the faid borough, by gift from the common-hall as aforefaid, polled at the lait election (meaning at an election for the faid town and borough

of

of Derby), at the faid town and borough, which began the twentyfeventh day of January 1775, for a member to ferve in parliament for the faid borough or town, fome (meaning the faid H. B. and fome of the faid other perfons fo enjoying the freedom of the said borough as aforefaid) for one candidate, and fome (meaning fome aforefaid other perfons fo enjoying the freedom of the faid borough as aforefaid) for another (meaning another candidate); and that no objection was at the time of polling (meaning at the time of polling at the faid election for a member to ferve in parliament for the faid town and borough of Derby) made thereto (meaning to the polling of the faid H. B. and other perfons fo enjoying the freedom of the faid borough as aforefaid); as the faid S. C. had heard and did believe, as by the faid S. C.'s affidavit in writing, and remaining filed in the faid court of our faid lord the king, before the king himfelf, at Westminster aforefaid, more fully appears; whereas in truth and in fact, the faid S. C. at the time of making the said affidavit well knew that at the time of polling at the said election for a member to ferve in parliament for the faid town and borough, an objection was made to the polling of one Christian Heath, of the faid town and borough, efquire, who then enjoyed the freedom of the faid borough by gift from the faid common-hall; and whereas in truth and in fact, divers perfons in the prefence and hearing of the faid S. C. did, at the time of polling at the faid. election, make objections to the polling of the faid C. H. and the faid other perfons fo enjoying the freedom of the faid borough by gift from the faid common-hall; and whereas in truth and in fact, William Beard and John Balgery, on behalf of D. P. C. efquire, then candidate at the faid election, did, in the prefence and hearing of the faid S. C. make divers objections at the time of polling at the faid election, to the polling of the faid C. H. and of the faid other perfons fo enjoying the freedom of the faid borough by gift from the faid common hall as aforefaid, and the faid C.S at the time of making the faid affidavit well knew the fame; and whereas in truth and in fact the faid H. B. on the behalf of D. P. C. efquire, then a candidate as aforefaid at the faid election, did, in the prefence and hearing of the faid S. C. make divers objections at the time of polling at the faid election, to the polling of the faid C. H., and then and there declared that he meant to object in like manner to every perfon fo enjoying the freedom of the faid borough by gift from the commonhall as aforefaid, unlefs the faid C. H. then proceeding and acting as mayor of the faid borough, and as the then returning officer of a burgefs to ferve in parliament for the faid borough, would take the objections then made as aforefaid to extend and apply to all the faid other perfons fo enjoying the freedom of the faid borough by gift from the common-hall as aforefaid; and so the said S. C. at the time of making his faid affidavit, well knew the fame: And fo the jurors aforefaid, upon their oath aforefaid, do fay, that the faid S. C. on the faid eighth day of June, in the fifteenth year aforesaid, at Derby aforefaid, in the faid county, on his oath aforefaid, before the faid J. J. then and there having lawful and competent authority to adminifter the faid oath to the faid S, C. as aforefaid, falfely, wickedly,

256

ON AFFIRMATION OF QUAKER BEFORE ARBITRATORS.

Indictment for

wickedly, maliciously, wilfully, and corruptly, in manner and form aforefaid, did commit wilful and corrupt perjury, to the great difpleasure of Almighty God, to the evil example of all others in the like cafe offending, and against the peace of our lord the king, his crown and dignity.

N. B. Defendant was acquitted, and afterwards brought an action against the profecutor for a malicious profecu

tion, and had a verdict for 5ool. Trinity 1777, before Lord Mansfield, at Westminster.

LONDON, to wit.. The jurors for our fovereign lord the perjury, before king upon their oath prefent, that before the day of taking this arbitrators, by a inquifition, divers difputes and differences had arifen, and were quaker, on his depending between A. B. and C.D. affignees of the estates and

affirmation.

day of

effects of R. E. late of, &c. a bankrupt, according to the force,
form, and effect of the feveral ftatutes concerning bankrupts of
the one part; and E. F. and G. H. affignees of the estate and ef.
fects of W. S. a bankrupt, according to the form and effect of the
feveral ftatutes aforefaid of the other part: and thereupon for put-
ting an end to the faid difputes and differences, as well the faid
A.B. and C. D. as the faid E. F. and G. H. affignees as aforefaid
heretofore, to wit, on, &c. in the year of the reign of our
fovereign lord George the Third, now king of Great Britain, re-
fpectively fubmitted themfelves to the award, order, arbitrament,
final end, and determination of A. C. and T. C. arbitrators indif.
ferently named, elected, and chofen, as well on the part and behalf
of the faid A. B. and C.D. as of the faid E. F. and G. H. af-
fignees as aforefaid, to arbitrate, award, order, adjudge, and deter-
mine of and concerning the faid difputes and differences, fo as the
faid award fhould be made in writing, ready to be delivered to the
parties in difference, or fuch of them as fhould require the fame,
on or before the
then next enfuing; and it was then
and there agreed by and between the faid parties in difference,
that the faid R. E. (being one of the people called quakers) fhould
be examined by and before the faid arbitrators, touching and con-
cerning the faid matters in difference, upon his folemn affirmation,
to be taken before fome one of his majesty's juftices of the court of
king's bench, or common pleas, or fome one of the barons of his
majefty's court of exchequer, according to the form of the ftatute
in fuch cafe made and provided: And the jurors aforefaid, upon
their oath aforefaid, do further prefent, that afterwards, to wit, on,
&c. in the year aforefaid, at, &c. the faid R. E. in pursuance of
the faid agreement, came in his proper perfon (then and still being
one of the people called quakers), and was then and there duly
affirmed, according to the form of the ftatute in fuch case made and
provided; and upon fuch affirmation, he the faid R. E. (fo being
one of the people called quakers as aforefaid) did then and there
folemnly affirm and declare, that the evidence he fhould give to
the faid arbitrators touching and concerning the faid matters in
difference fhould be the truth, the whole truth, and nothing but
the truth (the faid then and there having full power and au-
thority to adminifter the faid affirmation to the faid R. E. in that
behalf): And the jurors aforefaid, upon their oath aforefaid, do

further

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