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the king, and other their associates aforesaid, came the said J. G. in the custody of 'T. C. esquire, seriff of the county aforesaid, in whose custody in the said goal for the cause aforesaid he had been before committed, being brought to the bar here in his proper pere son who was committed to the said sheriff; and forthwith concerning the premises in the said indictment above specified and charged on him as above, being asked in what manner he would be tried, the faid J. G. said he was not guilty thereof, and concerning which, for good and ill, he did put himself upon his country: upon which said issue such proceedings were had, that afterwards, to wit, on the said delivery of the said goal of our faid lord the king, so held as aforesaid, a certain trial was held by a jury of the said county, taken between our faid lord the king and the said J. G. as by the record thereof doth more fully appear; ypon which said trial evidence was given on behalf of our said lord the king, that the felony and robbery in the said indictment above specified was committed by the said 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 sworn and charged to enquire for our said lord the king, for the body of the said county of upon their oath aforesaid, do further present, that G.'c. Jate of

in the said county of gentleman, being a person of wicked and evil mind and disposition, and devising and intending, as much as in him lay, to prevent the due course of law and justice, and to cause and procure the said J. G. to be entirely acquitted of the said felony and robbery charged on him, and by the said indietment to escape 'unpunished for the same, did before the said trial, to wit, on the

in the said ninth year, &c. at in the county of

, unlawfully and wickedly solicit, incite, and endeavour to persuade one J. W. to appear as a witness on the said trial fo as aforesaid had for and on the behalf of the said J. G. and on the said trial falsely to depose, say, and give in evidence, upon his oath to the jury of the county aforesaid, that the faid J. W. carried a fuit of clothes on the fourth day of June last (meaning the fourth day of June, in the eighth year, &c. the day on which the faid felony and robbery in the said indictment above specified were proved as aforesaid to have been committed) to the laid J. G. at his lodgings (meaning the lodgings of him the said J. G.) àt the Queen's-head, in the Ship-yard (meaning Ship-yard, in the county last aforesaid), between four and five (meaning, &c.) in the afternoon of the same day, and that he the said 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 said J. W. did not go to the said J. G. on the fourth day of June, in the year latt above-mentioned, at any time in the fame day, at the Queen's-head in Ship-yard aforesaid, or at any other place whatsoever, on any account whatsoever, and which, in truth and in fast, at the time when the said G.C. did fo folicit, incite, and endeavour to persuade the faid J. W. to give such evidence upon his oath as aforesaid, he the faid G. C. well

knew

day of

knew that he the said J. W. would not give his evidence according to the truth, and that the same evidence, so to be given, was false, feigned, and altogether fi&titious; to the evil example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity.

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rule for an ina

DERBYSHIRE, The jurors of our lord the king, upon For committing their oath present, that in the term of Easter, in the fifteenth year perjury in an of the reign of our fovereign lord George the Third, king of affidavit before

a Commissioner Great Britain, &c. to wit, on Saturday next, after the morrow of

authorized the Ascension of our Lord, a rule was made in and by the court take alfidavits of our faid lord the king, before the king himse!f, the said court in B. R. to thew then being held at Westminster, in the county of Middlesex, for cause againft a one R. T. to Mew cause why an information, in the nature of

formation, quo warranto should not be exhibited against him, to thew by the nature of a what authority he claimed to be a burgess or freeman of the town gue warranto. and borough of Derby: And the jurors aforesaid, upon their oath aforesaid, further present, that S. C. late of the town and borough of Derby, in the county of Derby, esquire, wilfully devising, contriving, and intending to prevent the due course of law and justice, and to cause and procure the said rule so made by the said court to be discharged, against all truth and justice, afterwards, to wit, on the eighth day of June, in the fifteenth year, &c. at Derby, in the county of Derby aforesaid, in his proper person, came before J. J. gentleman, then being one of the commissioners of our said Jord the king, duly authorized and empowered to take affidavits in the said court of our faid lord the king, before the king himself; ard the said S.C. did then and there take his corporal oath, and was in due manner sworn upon the holy Gospel of God, before the fais J. J. he the said J. J. then and there having a lawful and competent authority to administer an oath to the faid S.C. in that behalf: And the jurors aforesaid, upon their oath aforesaid, further present, that the said S. C. being so sworn as aforesaid, and not having the fear of God before his eyes, but being moved and leduced by the instigation of the devil, and entirely difregarding the laws and statutes of this realin, and the paints and penaltics thereby provided against wilful and corrupt perjurys then and there, to wit, on the said eighth day of June, in the fifteenth year aforesaid, at Derby aforesaid, in the county aforesaid, before the faid J. J. fallely and maliciously, wickedly, wilfully, and corruptly did say, depose, swear, and make affidavit in writing, amongst other things, to the effect and substance as followeth, that is to say, that he the said S.C. as well from his own observation, experience, inspection, and examination of the common-hall books of the said borough of Derby the oldest of which (meaning the eldest of which common ball books then extant) commenced in the year 1673, as from the information of several old persons who were of the coinmon cours of the said borough, and others who were then dead, ic had been the imniemorial custom, from time to time, for the common-hall pf the said borough, frequently to confer the honour of freedom,

as

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or burgessship, upon such persons as they (meaning said commonhall) thought proper, and not refiant, as well as refident therein (meaning the laid borough of Derby), paying their fees of office, meaning fees of office of the said perfons on whom the said honour of freedom or burgessship was conferred), without receiving any consideration for the same (meaning for the said honour of freedom, or burgessfhip, conferred on such burgesses), and that the persons on whom the honour of freedom or burgessship had been fo conferred, had no other title to freedom or burgessthip but the voluntary gift of the common-hall (meaning the faid common-hall of the faid borough of Derby), and yet had exercised the office of burgess (meaning the office of burgess of the said borough), and had enjoyed every liberty, franchile, and privilege of the said borough, from time to time, without any interruption, and particularly had voted for members to ferve in parliament for the said borough, and that it appeared in the said common-hall books, that Hugh B. of the borough of Derby, in the faid county, esquire, who (meaning the said H. B.) had made an affidavit on the present occafion, (meaning an occasion of the said inatter then depending in the said court of our said lord the king, before the king himself), was at a common-hall for the said borough, on the second day of September 1714, by the name of Mr. H. B. the younger, ordered to be admitted a burgers of the said borough, along with divers others noted in the said book(veaning the said coinmon-ball book), to be honorary miembers, burgerles; and that at a common-hall held for the laid borough the eleventh day of the said month of September 1754, hie (meaning the said H. B.) with divers others, was accordingly admitted and sworn a burgess for the fame borough, and that in 1717, he (meaning the said H. B.) was elected and sworn a capital burgeis; and that in 1723, he (meaning the faid H. B.) was elected town clerk of the said borough, which place (meaning town clerk of the faid borough) be (meaning the laid H. B.) had for and about seventeen years, and that it appeared in the said books (meaning the faid common-hall books), that while he (meaning the faid H. B.) was capital burgess, and being (meaning the faid H. B.) for some part of that time town clerk, divers persons not resident in the same borough, nor having or claiming any title to that freedom other than the voluntary gift of the coamon-hall in common council aforesaid, had, with his concurrence (meaning the concurrence of the said H. B.) at common-ball the honour of the freedom of the said borough conferred upon and given to them (meaning the said persons), and were accordingly admitted burgefes, and sworn burgefles of the said borough; and that whilst he was town clerk (n.caning whilst the said 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 persons who also had the honour of the freedom of the faid borough conferred upon and given to them; and that the said F. B. and many other persons cnjoyed the freedom of the faid borough, by gilt from the common-hall as aforesaid, polled at the Taust tlection (meaning at an election for the said town and borough

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of Derby), at the said town and borough, which began the twentyseventh day of January 1775, for a member to serve in parliament for the said borough or town, fome (meaning the faid H. B. and some of the said other persons fo enjoying the freedom of the said borough as aforesaid) for one candidate, and some (meaning some aforelaid other persons fo enjoying the freedom of the faid borough as aforesaid) for another meaning another candidate); and that no objection was at the time of pulling (meaning at the time of polling at the said election for a member to serve in parliament for the said town and borough of Derby) made thereto (mcaning to the polling of the said H. B. and other persons so enjoying the freedom of the said borough as aforesaid); as the said S. c. had heard and did believe, as by the faid S. C.'s affidavit in writing, and remaining filed in the said court of our faid lord the king, before the king himielf, at Westminiter aforesaid, more fully appears; whereas in truth and in fact, the said 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 serve in parliament for the said town and borough, an objection was made to the polling of one Christian Heath, of the said town and borough, esquire, who then enjoyed the freedom of the said borough by gift from the said common-hail; and whereas in truth and in fact, divers persons in the presence and hearing of the said S. C. did, at the time of polling at the said election, make objections to the polling of the said C. H. and the laid other persons so enjoying the freedom of the said borough by gift from the said common-hall; and whereas in truth and in fact, William Beard and John Balgery, on behalf of D. P. C. elquire, then candidate at the said election, did, in the presence and hearing of the faid S. C. make divers objections at the time of polling at the said election, to the polling of the said C. H. and of the faid other persons fo enjoying the freedom of the said borough by gift from the faid common hall as aforesaid, and the faid C.S at the time of making the faid affidavit well knew the fame; and whereas intruth and in fact the said H. B. on the behalf of D.P.C. esquire, then a candidate as aforesaid at the said election, did, in the presence 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 person to enjoying the freedom of the laid borough by gift from the commonhall as aforesaid, unlefs the said C. H. then proceeding and acting as mayor of the said borough, and as the then returning officer of a burgess to serve in parliament for the faid borough, would take the objections then made as aforesaid to extend and apply to all the said other persons so enjoying the freedom of the said borough by gift from the common-hall as aforesaid; and so the said S. C. at the time of making his said affidavit, well knew the fame: And so the jurors aforesaid, upon their oath aforesaid, do say, that the said S.C. on the said eighth day of June, in the fifteenth year aforesaid, at Derby aforesaid, in the said county, on his oath aforesaid, before the said J. J. then and there having lawful and competent authority to adminifter the faid oath to the faid S, C. as aforesaid, falfely,

wickedly,

256 ON AFFIRMATION OF QUAKER BEFORE ARBITRATORS.

wickedly, maliciousy, wilfully, and corruptly, in manner and form aforesaid, did commit wilful and corrupt perjury, to the great displeasure of Almighty God, to the evil example of all others in the like case ofiending, and against the peace of our lord the king, his crown and dignity.

N. B. Defendant was acquitted, and tion, and had a verdi&t for sool. afterwards brought an action against Trinity 1977, before Lord Mansfield, at

the prosecutor for a malicious prosecu Westmintter. Indi&tment for

LONDON, to wit.. The jurors for our sovereign lord the perjury, before king upon their oath present, that before the day of taking this arbitrators, by a inquisition, divers disputes and differences had arisen, and were quaker, on his depending between A. B. and C.D. assignees of the estates and affirmation.

effects of R. E. late of, &c. a bankrupt, according to the force, form, and effect of the several statutes concerning bankrupts of the one part; and E. F. and G. H. assignees of the estate and ef. fects of W. S. a bankrupt, according to the form and effect of the several statutes aforesaid of the other part: and thereupon for putting an end to the faid disputes and differences, as well the faid A. B. and C.D. as the said E. F. and G. H. aslignees as aforesaid heretofore, to wit, on, &c. in the year of the reign of our sovereign lord George the Third, now king of Great Britain, respectively submitted themselves to the award, order, arbitrament

, final end, and determination of A. C. and T.C. arbitrators indif. ferently named, elected, and chosen, as well on the part and behalf of the said A.B. and C.D. as of the said E.F. and G. H. affignees as aforesaid, to arbitrate, award, order, adjudge, and determine of and concerning the said disputes and differences, so as the Said award should be made in writing, ready to be delivered to the parties in difference, or such of them as should require the same, on or before the day of then next ensuing; and it was then and there agreed by and between the said parties in difference, that the said R. E. ( being one of the people called quakers) Thould be examined by and before the said arbitrators, touching and concerning the said matters in difference, upon his solemn affirmation, to be taken before some one of his majesty's justices of the court of king's bench, or common pleas, or some one of the barons of his majesty's court of exchequer, according to the form of the statute in such case made and provided : And the jurors aforesaid, upon their oath aforesaid, do further present, that afterwards, to wit, on, &c. in the year aforesaid, at, &c. the said R. E. in pursuance of the said agreement, came in his proper person (then and still being one of the people called quakers), and was then and there duly affirmed, according to the form of the statute in such case made and provided; and upon such affirmation, he the said R. E. (so being one of the people called quakers as aforesaid) did then and there solemnly affirm and declare, that the evidence he should give to the said arbitrators touching and concerning the said matters in difference should be the truth, the whole truth, and nothing but the truth (the faid then and there having full power and authority to adminifter the said affirmation to the said R. E. in that behalf): And the jurors aforesaid, upon their qath aforesaid, da

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