Traverfes, Pleadings and other Proceedings, kc.

men of the pari ih of Ufton, in the county of Borjcs afore-
faid, and to any one of them, and alfo to the chiirch-vvnrdvns^
and oveiieeis of the paiim of Hurley, in the county oi
Berks aforefaid, and to all dnd lingular the fevcral and^
refpedive inhabitants of the fiiid pariflies, in the cour.iy ot
Berks aforefaid, and to each and every of them dircded,
for the fetilcment of one VViUlam R. then laie an inhabitaift
of the faid parish of Hurley, and of Catherine, the wife
ot the faid William, and of a male child of the faid Willi-
am and Catherine, wiihiu .the faid parifh of Huiley, ia
the county of Eerks r-forefaid; unlawfully, unjulilyj con-
teinptuoudy, mallcioully, fadtiouily and' leditioiilly, ^did op-
p<.fe and hinder, and-then and at divers other times, between
the faid time and the iith day of February, next foMowing;
v.iih force and arms, one William Gruvei then and as yet
being church-warden of the parilh of Hurley aiorelaid,

and Rowe, then and as yet being an inhabitant within

tiie parilh of Hurley aforefaid, and divers other inhabitants
and paiilhioners of the' faid pari fh^ in the faid parilh then
and as yet dwelling, and there keeping ?ind maintaining
nranfion hcuf^'s, did hinder and obllru.*!, to obey the faid
v/arrant; and the faid William Grove, and divers other
inhabitants and parifliioners ol the faid i)aili'h, then and
there did Itir up, animate and abet, to oppofe and refift the
faidwanant, and the executicn thereof; and that the faid
John, lord Lovelace, the further to fulfil, perlcifl and bring
10 effeft his malicious and feditious purpofes and intentions
alorefaid, upon a certain difcourfe, of and concerning the
faid warrant and the execution thereof, and of and cdncern-
inor the faid jullices <it the peace, of the faid lord the king
as aforefaid, and of the auiliority cf the faid jultices ol the
l>eace, of the faid h>id the no-.v king as aforclaid, on the
3Cih day of January, in the 4ih year aforelaid, at the
parlih of Hurley, in the county of Bciks aforelaid, in the
prcft-nce and hearing of the laid officers, and of divers other
l"ubjc<5ts of the faid loid the now kingj tlien and there being
prcftnt, ialfely, rialicioufly and uniavvfuUy, contemptuoufiy
and Icditioutly did fay, utter, declare, alKnn and with a
loud voice did pubflh, " fhai he (meaning the faid John,,
lord Lovelace, baron of Hurley,) did no more value the /aid
zvarrant than the dirt of hh jLo^s, and that the. /aid rvarrant ought
not to he obeyed. " And the f lid John lord Lovelace, then
and there, to the laid William Grove, church-warden of
the parilh of Hurley aforciaid, then and there being preAnt
as alivreliiid, further did fiy and aiTcrt, '■'■that if he the Juid
" IVdtiam Grove -LVMld difohcy, ar.d not obey the laid zvarrun'-,
" that he the faid lord Lo^'clace, him the faid IVfd'ium Gr'/Vf^
" then h:ing church-vjurden oi the ^arijh of Hurley aforefaid,
U u ' " and



TraveiTcs, Pleadings and other Proceedings, kc.

" and the ether inhabitants ■within the pariJ}o of Hurley aforefaid,
**1 . 275* " i'l- ihe county oj * Berks aforejujd^ vjoidd fame harmle/'s, altho' it
" fi:cuhi coft him the /aid lord Lovelace 500/." to the derogation,
<;rcat daina^e, dliiiiuution and injury of the faid lord the
now liing, and oi Jds loy.il prerogative, in contempt of. the
faid lord the now kins, and of his laws, and of the power
and authoiity of the laid Fiancis Ptikins and Richard Per-
kins, jufticcb of the peace of the laid lord the now kinj^,
imder the laid lord the now king derived, In diminution and
derilion of the authority and power of the faid lord the
now king, to ihe evil example of all others in the like cafe
offending, and againft the peace of the faid loid the now
iing, hisctownand dignity, &;c. Whereupon the faid at-
lorneygcnera], i^c.

Aud now, to wit, on the Friday next after the morrow ct
pefeiidart the Holy Trinity, in this fame term, before the lord the king,
J" .' 1*. ^ '■' at Wtilndniler, comes the faid John lord Lovelace, by R.O-
cfthepe.ce ^^^^ Seyhard his attorney, and having heard the iniormation
were net aforefaid, complains that he, under colour of the premiles
qualinect, jn the intcrmation aforelaid mtntiontd, is greatly vexed and
not having difquieted, and this not jufUy-, Becaufe, protefting that the
"■" f" '»" iniurmation aforeiaid, and the matter In the fame contained,
piiifu'sr.t to ^^^ "^^^ good and fufiicie'nt in law, to which information aforc-
aft of p»rii- laid, he hatli no nectlfiiy, neither is he bound by the law of
amen:, the land ^o anl vver in any manner ; for plea ncverihelefs, as to

the coming with force and arms, and to whatever is againft the
peace, (a- in c( nternpt ol the faid lord the now king and of
ids laws, or to the derogation, damage, diminution or preju-
d'ce of the faid Joid tht king,- or of his royal prerogative,
cr to the diinunition or derilion of the authority or power of
the faid lord the now king, and alio as to all other the pre-
liiilles If) the Inlojn)ation aiorelaid fpeclfied, charged againft
him, except the oppufin'j, hindering and obllruiling ot ihc fiid
vvaiiar.t and the execution thereof, and the ipeaking, declar-
ing and pubiiihing 'he word; in the laid Information mention-
ed by him, the iaid John lord Lovckc?, above iuppofed
to be done, he ihc faid John Lovtiice iaiih that he Is nit
notgi:i!tv as g^;iiy ihe)e<-t, as by the faid iniormation above is fup-
toVi. :.r.d p(;.j". f[^ and of this he puts himfjlf upon the country. And as
' '"' ' to ihe oppoling, hindering, and obllriiifting the faid warrant,
2n;l the ei.ecution thtrcol", and the fpeaking, declaring and
publifiiing the viords In the Information aloiefaid mentioned,
by hiiu the faid John loid Lovelace above, fuppofed to be
done, he the faid John lord Lovelace faith, that the faid lord
the now king ought not to icnpeach, or trouble him by occali-
on thereof, becaufe he faith, that after the making of a cer-
tain act, made and provided in a parliament of the lord
Charles the 2d, late king of England, by prorogation held at
Wcltmirdicr in the county ofMiddlefcx, on the 4th day of

Febru?.!/,



Traverfes, Pleadings and other Proceedings, kc,

February, in the 25th year of his roion, intiil-'d an aCt to pre-
vent dangers which may happen, from Popilh Recnianr?, and
long after the term of Eaf'.cr, 1673, 3n the iiiid ilatiue ii.cnti-
oned, the faid F. Perkins and K. Perkins in the in;():m;uion
aforeraid above named, by a commiflion of the iaid Imd ihe
row king-, fealed under his Great Seal of Engkind, bearing
date at Weftminfler, the 17th day of February, in thr 3d year
of the reign of the faid lord the now king, were (^among other
perfons in the faid commiflon nained) jointly nnd I'eprirTtely
conftituted and affigned juilices oi the (aid loid the now king,
topreferve the peace in the faid county, which F. Perkins and
R. Perkin5 afterwards, and for rleveii months an'.l more betore
the making of the faid warrant in the faid intorni.'Mion above t *P, 276.
fpeclfied, to wit, on the 24th <iay ol February, in ihe 3d year
of the reign of the faid lord the now king afdrtlaid, in the
parifti of Hurley aforefald, in the faid county of Berks, in
the due manner were fworn, and each ol iheni r]\e.n and theie
in the due manner was fworn, vyell and fa'ihtully to cirociite
the office of juftice of the peace, in the faid county of Berks.
And thereupon they the faid F. Perkins and P».. Perkins, then
and there by virtue of the faid com^niiiion, were admitted to
cxcrcife the office of juftices of the f^id lord the now king, to
preferve the peace of the faid lord the now king, in the faid,
county of Berks. And each of the,ii then and there was ad-
mitted to execute the office of one of the juftices of the faid
lord the now king, to preferve the peace ol the faid lord the
king in the faid county. And that office, then and there did «
take upon themfelves, and each of them did take upon him-
felf, by virtue of the faid commiffion, and in the excrcife of
that office in faft, from thence until the time ot the making
of the iaid warrant, to wit, to the 28th day of January, in the
4th year aforefaid, did continue, and each of them did crn-
tinue, to wit, at the parifh of Hurley aforefaid, in the coun-
ty aforefaid ; and that the faid office of Juftice of the faicl
lord the king, in and for the county ot Berks aforefaid, is a
civil office, and an office of trull, under the faid lord the now
king, and concerns the public juftice within this kingdom of
£ngland. And the faid John lord Lovelace proteding, that
the faid F. Perkins and R. Perkins, being Popilh rectifants,
and each of them being Popifh rccuiants, at any time after
their faid admiffion into the office of juftice ot the peace alore-
laid, have not received, nor hath either ot them received the
facrament of the Lord's-fupper, or have taken or pertormed,
nor hath either of them taken or performed the oaths of fu-
premacy and allegiance, according to the foim and cfFcfl of
the faid ftatute, in fuch cafe made and provided, in lacfl, and
for plea, the faid John Lord Lovelace further faith, that af-
ter the admiflioA of the faid F. and R. inta the faid office of
U u 2 juftices



Traverfes, Pleadings and other Proceedings, kc.

^uftices of the ppace of tlie fa id lord the king for the faid
county, and before the making cf the faid warrant, to wit, on
the 5i.h day of April, in the 3d ye;ir of the reign of the faid
lord the now king, the Qnavtcr ielfion ot the peace, for the
faid county, was hekl at JNewbe'y in the faid county, -and
that the faiJ F. t'eikins at any time after the making afoiefaid
of the commiflion aforf faid, of the lord the now kinu;, n-.ir af-
ter hioadniiiiion aforefard, iniothe oiiice oi jullice of the peace
cf the faid lo-d the now king, did not make and fiibfcribe the
declaiation fpecifiedin the fiauiie afortfaid, in fuch cafe mad«
and provided, and by the faid liatate appointed to be made and
fiibfcribed acci^dinj:; to the form and effect of the 'faid fiatute.
And that the faid R. Peikins, at any time after the making
aforefaid, of the commiflion ?.forefaid, pi the faid lord the
king, nor after his admilTion aforefaid, into the faid office
of juliice of the peace, of the faid lord the now king, did
not make and fubfcribe the declaration in the faid Itatute
jrienticned, and by the f^id llatiue appointed to be made
and fubfcribed, according to the fprm and effed of the faid
jlatute, but they the faid F. V. and R. P. fo to do entirely
have neglcflcd. ?.nd each of them hath neglefted, againft
the form of the faid f atute, before the making of the faid
warrant, in the faid inlorniation mentioned, whereby by
force of the faid Ilatutc, they the faid F. P. and R. P. befote
the making of the faid wauant, in the information afore-
^ faid mtntioned, became in fa6t difqnalified and incapable

*x . 277' in law, * and eack of them became difqualified and incapa-
ble in law, to all intents and purpofes, to be or continue
juflices of the faid lord the king, to preferve the peace in
and. for the faid county, and fo did continue and were, and
each of them did coniinue and was difquaiified and incapable
at the lime of the making of the laid warrant in the infor-
iTantion aforefaid mentioned, and at the time of the making
of the faid warrant, then were not, nor was either of
them jidlices or jiilijce of the faid lord the king, to preferve
the peace of the faid lord the king, in the f^id county, and
io the warrant aforefaid, by thfm io as aforelaid m.ade,
never was valid, but was ahi-gether void and c>f no effedl in
lau, and for nought ought entirely to be had and held.
Arid ihe faid John lord Lovelace further faith, thit he at
the time of the maki-ijg of the faid vvarr,Tnt and long before,
end I'om that time continually afcerwsrds, hitherto was ,a
paviflivoner and inhabitant of the laid paiiih oi Hurley, -in
the laid county oi Berkr, and chargeable and charged towards
the fupport of the poor of the laid j>arjlh, and t!;e othcv
ch.-^vgei to be fullaincd by the pariihioners of the faid pariih ;
£-i.ci that if the faid W. K. and Caihe:iae his wife, and their

faul



Tt-averfes, jPleadings and other Proceed kige, ^c.

f^id ttal« chUd, in the informaXio« al'or^faid. •na'me<^^ by
pretence of rb« laid -warraot, ftuiiuid "be fettled in t-he fa^^
parilh of Huilev, a change luvjafirl} -would fa.ll upon riw
faid John JLord Lovelace, and u-fxcui the olhcr pari-ftil-ofteisS
of the faid parilli of Hurley, for the fupport of the faid
W- K. Catherine his wife, and of the faid male child, [they
being poor and in want,] by reafon whereof he the faitl
John lord Lovelace, on the faid 30th day of January, in
the 4th year ot the reign of our faid lord the now king atore-
f^iid, at the paridi of Hurley, having a difcourfe v/ith the
faid William Grove, then church-v/arden of the faid parifli
of Huiley, and with Row, and v/ith divers other in-
habitants and parilliioners of the faid parith of Hurley,
concerning the premiffes, and the faid conllables and tyth-
ing-men of the faid pariih of Ufton, requiring and urging
them under pretence of the faid warrant, to receive and lettle
the faid W. K. and Catherine his wife, and the male child
aforefaid, in the faid parifh of Hurley, he the faid Joha
lord Lovelace, to free and iave himfelf and the jOther parilhi-
oners of the faid parifh of Hurley, from the charge which
•would arife to them by the unjuft fettlement of the faid
W. R. and Catherine, and of their male child aforefaid,
■within the parifh of Hurley aforefaid, ^under pretence of the
faid warrant fo being invalid and void, then and there did
oppofe and hinder the execution of the faid warrant as being
invalid and void, and made by perfons who were not juftices
of the peace, and then and there did fay, that the faid war-
rant ought not to be obeyed, and did give advice to the faid.
William Grove, and to the faid other inhabitants and pari-»
ihioners of the parifh of Hurley aforefaid, not to obey the
faid warrant, and then and there diJ fay to the faid William
Grove, and to the other inhabitants and parifhioners afore-
faid, that he did no more value the faid warrant than the
dirt of his fhoes, and that if the faid William Grove would
di-fobey and not obey the faid warrant, that he the faid
John lord Lovelace would fave harnilels, the faid William
Grove and the other parifhioners of the faid parifh of Hur-
ley, although it thould coft him Sod. as it v/as well lawful
for him, which are the faid oppofing, hindering and ob-
ftrufting of the faid warrant and the execution of the fame,
and the * fpeaking, declaring and publiflung of the words j^^
in the information afcrei'aid mentioned, to him by the in- ^' 27^*
formation aforefaid above charged, without this, that the
faid' John lord Lovelace is guilty of the laid premilfes, to *

him by the faid information above charged, otherwife, or in
any other manner than he above by pleading hath alledged,
all and fingular which things the laid John Lord Lovelace
is ready to verify, wherefore he doth not apprehead that

the



Traverfes, Pleadings and other Proceedings, &c.

the laid lord the now king, will or ought to impeach or
trouble him the faid John lord Lovelace for occafion thereof,
and he prays judgment, and that he as to the faid premiffes,
by the court here may be difmiffed, &c. &c. &c. Sec.



•^ -v w >»»»^^^^^^<i^^^^Kw^



Attaind^



Attainders for Treafon, Murder,



The King a^ainjl Gerrard.

HEREtofore to wit, on the day, &c. laftpaft before the lord I«Hl»^cn6
the king at Weftminfter, by the oath of 1 2 jurors good ajid 1^^,,-^^ y^^
la wful men of the faid county, then and there fworn and ^q, fp yi-., \^
charged to enquire for the faid lord the king and for the body d p; f- aiid
of the faid county, it is prefented that Charles Gerrard, late murder the
of the parilh of St. Martin, in the fields in the county of''*°S»
Middlelex, efquire, as a falfe traitor againfl: the moft illuftrious
and moft excellent lord Charles the ad, late king of England,
&c. his natural lord, not having the fear of God in his heart,
nor v/eighing the duty of allegiance, but being moved and fe-
duced by the inftigation of the devil, and entirely withdraw-
inc the cordial love, and true due and natural obedience which
a true and faithful fubjcft of the faid late lord the king, to-
wards the faid late lord the king fhould bear and of right was
bound to bear, and devifing, praftiling and as much as in him
lay, intending to difquiet, molell and difturb the peace and
public tranquillity of this kingdom of England, and to ftir up,
move and procure war, rebellion and infurrecflion againft the
faid late loid the king, within this kingdom of England, and
to fubvert, change and alter the government of the faid late
lord the king of this kingdom of England, and the faid late
lord the king from his title, honour and royal name, and front
the imperial crown of this kingdom of England, to depole
and deprive, and the faid late lord the king to bring and put
to death and final dcftruftion, on the 30th day of March, in
ihe 35th year of the reign of the faid lord Charles the 2d,
late king of England, &c. and at divers other days and times
as well before as after, at the pariih of 5t. Martin, in the
fields in the county of Middlefex, falfely, malicioufly, diabo-
lically and traiterouily, with divers other falfe rebels and trai-
tors to the jurors aforefaid, unknown did conlpire, compafs,
imagine, and intend * the faid late lord the king then his fu- ,p
prsme and natural lord not only from his royal itaie, title, ^' ^i^*

poY.'ci-



Attainders for Treafon, kc.



snd to levy



Capias,



Defendant
appears in
cvfioA-y of
the lieute-
nant of t';e
tower.



Not guilty
pleaded.



power and government of his tingdom of England, to depri;-e
and depofe, but alfo the faid lord the king to kill, and to
bring and put to death, and to change alter and entirely fub-
vert the antient government of this kingdom of England, and
to caiife and procure a miferable flaughter among the fubjecfts
of the /aid late lord the king, throughout his whole kingdom
of England, and to procure and abet war, infurredllon and re-
bellion againll the faid late lord the king within this kingdom
of England, and to fulfil, perfect and bring to cfFeft the faid
moil wicked, deteftable and diabolical treafons and traitorous
compalfings, imaginations and purpofes, he the faid Charles
Gerrard as a falfe traitor, then and there, to v/it on the faid
30th day of March in the 36th year of the reign of the laid
late king aforefald, and at divers other days as well before as
after at the parilli, &c. in the faid county ot Middlefex,
falfely, unlawfully, wickedly and traitcroufly with James
duke of Monm<^uth and with divers other falfe traitors to
the jurors aforelaid unknown, did ailfemble, meet and con-
iiilt, to raife and procure divers g»eat fuHi& ol mi.ney, and
great numbers of armed men, to levy and niake war and
rebellion againfi; the laid lord the late king,, within this king-
dom of England, and to take and feize the callle of the faid
late lord the king of Chefter, againft the duty of the allegi-
ance, and againft the pea-ceas well of the faid late lord the king
as of the faid lord the now king, their crowns and dignities,
&c. and alfo againft the form of the llatuie in luch cafe made
and provided, &c, whereupon the {heriff of the faid county
is commanded that he do not omit, &c. but that he take him
to aniwer, &c. And now to wit on tire Saturday next after the
morrow of St. Martin, in this fame term, before the lord the
king at Weflminlter, comes the faid C. G. under the cuftody
of 'Ihomas Cheeke, efquiie, lieutenant of the Tower of
London, by virtue of thewrit of the lord the king ot habeas
corpus ad fubjiciendum, &c. into whofe cuftotly before lor
the caufe aforefaid, he was committed to the bar here brought
>n his proper perfon, who is committed to the faid lieutenant,
&c. and forthwith being demanded of the premifes above
charged againft him, how he will acquit hiinfclf thereof,
faith that he is not guilty thereof, and thereof of good and
evil puts himfelf upon the country •, therefore let a jury come -
ihertupon before the faid lord the king at VVellniiuRer, on
the Thurfday next after fifteen days of St Martin next enfuing,
by whom, &c. and who neither, &c. to recognifc, &c. be-
caufe zs well, &c. the fame day is given to the faid Charles
Gerrard, &c. under the cuftody aiortfaid, of the lieutenant
of the Tower of London aforelaid, &c. and in the nfean v.mc
is committed fafcly to be kept until, (Sec, At which day bt-

ioi c:



Attainders for Trcafon, &c.

fore the lord the king at Weftminfier, comes the iliid Charles

Grerrard under the culiorly atorelaid, oi the lieutenant of the

Tower of London aforeiaid, to the bar here brought in his

proper pcrfon, and the jurors of the faid jury for tliis purpofe

by the flieriif of the faid county impai;clled, being called

come, who being eh died, tried and fworn to fpcalc the truth

of and concerning the preniiffes, f?y upon their oath tliat the

faid Charles Gerrard is guilty of the high ireafon .iforcfiid, Verdldl

in the faid indiftment ipecified in ihe manner and tonn aj by gui!t/.

the faid indi(5tinent above againft him is fuppofed, and that (he

faid Charles Geirard at the time of the perpetration of the

high trcafon aforefaid, or at any time afterwards * had no *P. 28o.

goods or chattels, landi or tenements to the knowledge Oi the

faid j irors ; and the faid Charles Genaid, being demanded if

he had or knew any thing to fay for himfelf, wherciore the

court here fhould not proceed to judgment and execution

againft him, upon the verdift aforefiid, iaith nothing except

a^ before he hath faid, whereupon immediately the attorney

general of the faid lord the now king according to the J", ^"'f"^.

due form of law, prays againft him the faid Charles G(.r;ard, on pniyed.

judgment and txecuiion to be had upon the verdidt aforefaid,

for the faid loid the king. Whereupon all and fingular the

premifTes being feen and by the court here fully underftood,

it is considered that the fuid C. G. be brought by the faid Judgment.'

lieutenant ot the Tower of London to the prifon of the faid

lord the king of the Tower afortfiid, and from thence that he

be drawn to the place of execution, &.c, tie.



The King cyiinj} rvToil^y.
Michaelmas, 24-th Charles id.



.., ,. -y . ,n ) ■ >HERET(7F0RE fo wit, on Tuefday Indlcflmcnt

To wit. f to wit, the 7ih day of Auo;uft, in the year '"•''• ii'<|-r
of our Lord i!'49, at the affiz-s and general goal delivery ^L'^^^'^^j
held at the Guild-hall of tho city of York, in the county
ni' the fiiJ city of York, befc-re J.' Pulleftpn, cue of the
X X juftite?



Attainders for Treafon, 5:c.

juflices of the common bencK, and Francis Thorp, one of
the barons of the public Exchequer, William Allenlon,
knight, and others their tVilows jultices and commillionets
aliigned as well to hear and examine and to deliver the
goal there, as to enquire by the oath oi good and lawful
men within the l;iid city, by whom the truth of the matter
might be the better Isnown, and by other ways, methods
and means, by which they might ami could know better, as
well within liberties as without, of certain treafons, mif-
prifions of treafon, inlurreftions, rebellions, murders, til-
lings, felonies, burglarie-«, &c. in the county of the faid
city perpetrated, 6cc. and to hear and dcteimine, &c. by the
oath of P. L. and eleven others, good and lawful men of
the county of the faid ciiy, impanelled, fworn and charged
to enquire for the keepers of the liberties of England, by
the authority of parliament, and for the body of the county
of the faid city, it is prelentetl as follows, to wit. The jurors
Ind'ftment ^^^ '■'^^ keepers ot the liberties ot England, by the authority
of parliament, upon their oaih preient, that Cuthbcrt Mor-
ley, late of, &c. gentleman, on the 15th day of May, in
the year of our Lord 1649, not having the fear of God
before his eyes, but being moved and feduced by the inftiga-
tion of the devil, with force and aims, &c. at the city of
York, in the county of the faid city, in and upon one Kich-
fiid Harrifon then and there, in the peace of God and in
the public peace being, felonioully, wilfully and of his ma-