Another re am commanded; and the within named John Yandell, James Yandell, and Joseph Yandell, are not, nor are any or either of them found in my bailiwick. John Stephenson, sheriff of the said county of Somerset. By virtue of this writ, to me directed at my county court, turn to writ held at the castle of Lincoln, in the county of Lincoln, within of proclamation of three written, on the 4th day of October, in the ninth year of the proclama reign of our sovereign lord the king, within written, I tions. (b) first proclaimed, and at the door of the parish church of Spalding, within written, where the within named W. W. lives, on Sunday, (to wit) the 8th day of October, in the ninth year aforesaid, immediately after divine service and sermon in the same church, I secondly proclaimed, and at the general quarter sessions of the peace held at Boston, in and for the parts of Holland, and in the said county, on Friday, the 6th day of October, in the ninth year aforesaid, I thirdly proclaimed the said W. W. that he may render himself to the sheriff of Lincolnshire, within written, so that the same sheriff may have his body before the justices within written, at the day and place [* 222] within* contained, to answer our said lord the king of the felony within written, as this writ in itself demands and requires. I. H. esq. sheriff. Somerset. Be it remembered that, at the session of oyer outlawry at and terminer of our lord the king, holden at the castle of T. the assizes, in and for the county of S. on Thursday, the 27th day of where they! have been March, in the twenty-eighth year of the reign of our sovetwo writs of reign lord George the third, king of Great Britain, &c. beexigent and fore sir B. H. knight, one of the barons of our lord the king, two writs of of his court of exchequer, F. B. esquire, one of the justices Record of proclama. tion (c) Caption of the assizes. of our said lord the king, assigned to hold pleas before the king himself and others, their fellows, justices of our said lord the king, assigned by letters patent of our said lord the king, under his seal of Great Britain, to the said sir B. H. and F. B. and others their fellows, justices of our said lord the king, and to any two or more of them directed, (of whom one of them, the said sir B. H. and F. B. amongst others in the said letters patent named, 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 county aforesaid, and by other ways, means, and methods, by which they should or might better know (as well within liberties as without) by whom (b) Ante, 1 vol. 354 to 356, 358. This was from Mr. Nicholl's MS. See the forms, ante 219, 220. (c) Ante, 1 vol. 359 to 362, and the preceding forms of writs and returns. 4 T. R. 521. 531. Hand. Prac. 436. See a form of record of outlawry at session, Hand's Prac. 421, and of an outlawry after conviction on information in K. B. Hand, 453, 6 T. R. 573. [* 223] the truth of the matter might be the better known and inquired into of all treasons, misprisions 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, manslaughter, 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, negligence, concealments, maintenances, champarties, deceits, and all other evil doings, offences, and injuries whatsoever, and also the accessaries of them, within the county aforesaid, (as well within liberties as without,) by whomsoever and in what manner soever done, committed or perpetrated, and by whom or to whom, when, how, and after what manner, and of all other articles and circumstances concerning the premises, and every of them or any of them in any manner whatsoever; 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 sir J. T. sir P. H. baronets, sir T. J. knight, E. P. the younger, J. C. J. F. L. B. J.* A. J. S. H. W. S. H. W. F. J. S. J. C. J. W. E. T. H.S. L. A. B. P. M. R. R. G. R. T. L. S. R. B. G. D. T. S. and G. R. esquires, good and lawful men of the said county of S. now here sworn, and charged to inquire for our sovereign lord the king, for the body of the said county, it is presented in manner and form as followeth, that is to say, Somerset. The jurors, &c. [here copy the indictment, see Hand. Prac. The indict437.] which said indictment the said justices afterwards, to ment. wit, at the delivery of the gaol of our said lord the king of the said county of S. holden at the castle of T. aforesaid, in and for the said county of S. on, &c. before the justices of our said lord the king, assigned to deliver his gaol in the said county of S. aforesaid of the prisoners therein being, by their proper hands do deliver here in court of record, in form of law to be determined, &c. Whereupon, at the same session Award of of oyer and terminer and gaol delivery of our said lord the writ of king, holden at the castle of T. aforesaid, in and for the said capias. county of S. on, &c. in the twenty-eighth year of the reign of, &c. before the same justices, and others their fellows, the sheriff of the said county of S. by a writ of our said lord the king, is commanded that he do not omit, by reason of any liberty in his county, but that he take the said J. Y. J. Y. and J. Y. if they shall be found in his bailiwick, and them safely keep, so that he have their bodies before the justices of our said lord the king, at the next assizes and general gaol delivery to be held for the said county, to answer our said lord the king for the said felonies whereof they stand indicted. At which said next assizes and general gaol delivery, to wit, R. turn that at the assizes and general sessions of oyer and terminer, the defen ound. dants are not and general gaol delivery of our lord the king, holden at the city of W. in and for the county of S. on Monday the twentyeighth day of July, in the twenty-eighth year of the reign of our sovereign lord George the third, king of Great Britain, &c. before the right honourable sir J. E. knight, lord chief baron of his majesty's court of exchequer, S. B. esquire, one of the justices of our said lord the king, assigned to hold pleas before the king himself, 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 the said sir J. E. and F. B. and others their fellows, justices of our said lord the king, and to any two or more of them directed, (of whom one of them, the said J. E. and F. B. amongst others in the said letters patent named, 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 county aforesaid, and by other ways, means, and methods, by which they should or might better know (as well within liberties as [* 224] without) by whom the truth of the matter* might be the better known and inquired into, of all treasons, misprisions 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, deceits, and all other doings, offences and injuries whatsoever, and also the accessaries of them within the county aforesaid, (as well within liberties as without,) by whomsoever and in what manner soever done, committed, or perpetrated, and by whom, or to whom, when, how, and after what manner; and of all other articles and circumstances concerning the premises and every of them, or any of them, in any manner whatsoever, and the said treasons, and other the premises, according to the laws and customs of England for this time, to hear and determine; J. L. esquire, now sheriff of the said county of S. doth return the said writ, directed to the sheriff of the said county, thus indorsed, to wit, the within named J. Y. and J. Y. are not, nor is either of them found within my bailiwick, J. L. sheriff of S. Wherefore at the said last-mentioned assizes, and general session of oyer and terminer, and general gaol delivery of our said lord the king, holden at the city of W. aforesaid, in and for the county of S. on the said Monday, the said twenty-eighth day of July, in the twentyeighth year of the reign of our said lord the king, before the said justices, and others their fellows, last above-mentioned, the sheriff of the said county of S. by another writ of our Award of alias capias. defendants are not found said lord the king, is commanded as formerly he was commanded, that he omit not, by reason of any liberty in his bailiwick, but that he take the said J. Y. J. Y. and J. Y. if they should be found in his bailiwick, and them safely keep, so that he may have their bodies before the justices of our said lord the king at the next assizes and general gaol delivery to be holden for his county, to answer to our said lord the king concerning the said felonies of which they stand indicted. At which next assizes and general sessions of oyer Return thereand terminer, and general gaol delivery of our said lord the to that the king, holden at T. in and for the county of S. on Friday the twenty-seventh day of March, in the twenty-ninth year of the reign of our sovereign lord George the third, king of Great Britain, &c. before sir W. H. A. knight, one of the justices of our lord the king, assigned to hold pleas before the king himself, F. B. esquire, one other of the justices of our said lord the king, assigned by letters patent of our said lord the king, [* 225] under his great seal of Great Britain, to the said sir W. H. A. F. B. and others their fellows, justices of our said lord the king, and to any two or more of them directed, (of whom one of them, the said sir W. H. A. and F. B. amongst others in the said letters patent named, our said lord the king willed to be one,) to inquire more fully, &c. [state the operative words of the commission, as ante 222.] J. L. esquire, sheriff of the said county of S. doth return the said last-mentioned writ, directed to the sheriff of the said county, thus indorsed, to wit, I hereby humbly certify to the justices within named that the within named J. Y. J. Y. and J. Y. are not, nor is either of them found in bailiwick. The answer of J. L. sheriff of S. Whereof at the said last-mention- Award of ed assizes and general sessions of oyer and terminer, and pluries ca pias and general gaol delivery of our said lord the king, holden at the statement castle of T. aforesaid, in and for the said county of S. on the of return said Friday, the twenty-seventh day of March, in the said thereto. twenty-ninth year of the reign of our said lord the king, before the said justices, and others their fellows, last abovementioned, the sheriff of the said county of S. by another writ of our said lord the king, is commanded that he do not omit, by reason of any liberty in his bailiwick, but that he take the said J. Y. J. Y. and J. Y. if they shall be found in his bailiwick, and them safely keep, so that he may have their bodies before the justices of our said lord the king, at the next general gaol delivery to be holden for the said county, to answer to our said lord the king concerning the said felonies whereof they stand indicted. At which said next assizes and general gaol delivery, &c. [the sheriff's return to this writ the same as the last, not found.] Therefore at the said Award of last-mentioned assizes and general session of oyer and terminer, and general gaol delivery of our said lord the king, so holden at B. aforesaid, in and for the said county of S. on the Crim. Law. VOL. IV. my E e writ of exi gent. [* 226] Award of said Saturday, the fifteenth day of August, in the said twenty-ninth year of the reign of our said lord the king, before the said justices, and others their fellows, last above-mentioned, the sheriff of the said county of S. by another writ of our said lord the king, is commanded that he cause to be called the said J. Y. J. Y. and J. Y. from county court to county court, until they, according to the laws and customs of England, be outlawed, if they do not appear; and if they do appear, then that he take and keep them in safe custody, so that he have their bodies before the justices of our said lord the king assigned by letters patent, under his seal of Great Britain, to inquire of all treasons, murders, felonies, and other misdeeds, offences, and injuries whatsoever, committed within the county of S. and the same premises, to hear and determine,* according to the laws and customs of England, at the next assizes and general sessions of oyer and terminer and gaol delivery to be holden for his county, to answer our said lord the king concerning certain felonies whereof they areindicted, and whereof the said last-named sheriff hath returned now to the said justices of our said lord the king, that they the said J. Y. J. Y. and J. Y. are not, nor are any or either of them found in his bailiwick. And also at the said assizes and general sessions writ of pro- of oyer and terminer, and general gaol delivery, so holden clamations. at B. aforesaid, in and for the said county of S. on the said Saturday, the said fifteenth day of August, in the twentyninth year aforesaid, before the same justices, and others their fellows, last above-mentioned, the sheriff of the said county of S. by another writ of our said lord the king, is commanded that, by the statute in the thirty-first year of the reign of the late queen E. of England made and provided, he cause the said J. Y. J. Y. and J. Y. to be proclaimed three several days, according to the force of that statute, whereof one of the said proclamations is to be made in open court, in the sheriff's county, one other at the general quarter sessions of the peace to be holden for the said sheriff's county, and one other at or near the most usual door of the parish church of B. R. aforesaid, where they are inhabiting, that they render themselves to the said sheriff, so that he may have their bodies before the justices of our said lord the king, at the aforesaid next assizes and general session of oyer and terminer, and gaol delivery, to be holden for his county, to answer our said lord the king as aforesaid. At which said next assizes and general session of oyer and terminer, and general gaol delivery, holden at the castle of T. in and for the county of S. on Thursday the twenty-fifth day of March, in the thirtieth year of the reign of our sovereign lord George the third, king of Great Britain, &c. before sir B. H. knight, one of the barons of our lord the king of his court of exchequer, sir R. P. knight, one other of the barons of our said lord the king of his said court of exchequer, and others their Return to the exigent of three ex. actions. |