lice aforethought, did make an afiault, and then and there
a ctriain pillcl, of the value of 12 pence, charged with
bullets and gunpowder, v/hich he the laid Cuthbert in his
hands then and there had and held, did difcharge, and him
the faid R. Harrifon, in and upon the right part of his fide
or llioulder, felonioufly, wiffuUy and oi his malice at'^i')re-
^ X. "Sol thoivght did ibike, and '^ then and there, did give to the faid
)P & fiiper R. H, v.'ith the faid piilol, in the manner and form aforefaid
<?extram charged, in and upon the f^tid right part of his fide or flioul-
^;5'^|5y'^[^^j_" der aforefaid, one mortal wound, of the length of one inch
merifui. and of the depth of fix inche*, of which mortal wound the
faid H. H. did languifli and languifhing did live, from the
faid 15th day of May, in the yesr aforefaid, until the 26th
day of the jr.onth of May, in the yejir aforefaid, upon which
26lh day of May in the year aforefaid, he the faid R. H. at

the city of York aforefaid, in the county aforefaid, of the faid
eoncluiioB. ^^^^^^j ^^.^^^^j ^j^^j_ ^^.j f^ ^^^ f^j^ ^ ^^^ him the faid R.

H. on the faid 15th day of May in the year afoi tfaid, at the
city of York aforefaid, in the county aforefaid, in the manner
and form aforefaid, felonioufly, wilfully, and of his malice
aforethought did kill and murder againftthe the public peace,
£j:. whereupon the ilieriifs of the county of the city of York,



Attainders for Treafon, kc.

are commanded that they do not omit, becauic of any liberty
of the county there, but that ihey take the iaid CM. it he
can be found in their bailiv/ick, and himfafcly keep, fo that
thfy may have his b(>dy Iieiore the jufiices, at the next'gencral
goal-delivery, to be held in the county of the faitl city, to an-
fwer to the faid keepers of the liberties of Fn<;!aii<l, by the
authority ot parliament, of the felony and murder aforci'ai;!-, at
which day to wir, at the next general goal-dciivery heid at the
«ity of York, in the counjiy of the laid city, on the 25th diy
of March, in the year of our Lord, 1650, before Francis
Thorpe one ot tlie barons ft the F^xchequer, T- Wideiincfion
and others, their tellow-jultices, and comaifiioners alTi'Ucd as
well to hear and examine, and deliver the goal there, as to
enquire by the oath oi, (ie. ot'certain treafonj, mj/Mrnions of
treaJoni, inhirre(5ti*ni?, rebellions, murders, killings, icionies, Return non
&c. in the faid county perpetrated, Sec. and to hear, and de- i-rt mvenru-,
terniine, &c. the Iherifrs of ^he laid city return the faid precept ,.
to them in the form atoiefaid dircclrd, and further ii^ni^y,l^'^^'TJ^'^^
that the faid C. M. is not I'ound in their bailrvvick. Where-"
upon the faid ftieriffs otthe faid city are commanded as before
they were commanded, that they do not onjit, beraufc of any
liberty of their city, but that they take the faid C. M. if he
can be found in their bailiwick and him fafeiy keep, fo that
they may have his body before the jullices, at the r.(.rt gene-
ral goal-delivery, held at the city of York, jn the county ot
the faid city, to anfvver to the keepers ofthe liberties of iing-
land, by the authority of parliament, ofthe felony and mur-
der aforefaid, and the faid wiit, &c. At v,/hich uar, to wit,
at the affixes antl general goal-deliveiy, held at the city ot"
York, in the county ofthe faid ciiy, on the" 30th dny of July,
in the year of our Lord, 1650. before Francij Thorpe-, one
6f the barons of the publick Exchequer, Paer Warburton,
one ofthe jufiices ot the Common-bench, W. A. and others
their fello-.vs-juftioes and coairniiHoners, afligncd as well to
hear and examine, and to deliver the goal there, as to enquire
by the oath, 6cc. of certain treafons, mifprifions otlireaibuo, in-
furretftions, rebellion?, murders, killings and felonies in- the
ik\d city perpetrated. &c. and to hear and determine, &c.
the IherifFs of the city of York aforeiaid, have not fent the ^'^'" '"â– '*'
faid writ thereupon, therefore the Iheritfs ot the faid city ane ''""''''-^â– 5'
commanded, as they often were commanded, that they do not Pluiii;*.
omit becaufe ot any liberty c»f their city, but that thev take
ihe laid C. M. it he may be found in their bailiwick, and him
fafeiy keep, fo that they may have his body before the jufiices
at the next general * goal delivery to be held in the laid city, ^ p ,,
to anfwtr to tiie keepers of the liberties of England, by the * • 2*3 2
authoiity of parliament, ofthe felony and muidci aforefaid,
atKi the laid writ, Ace. At which day, to wit, at the general
g^al-deliverj^, held ai the city of York, ia the couuty of the
X X 2 â–  faid



Attainders for Treafon, &c.



Non inven-
tus elt.



Ex'gent a-
wardcd.



Keturn of
the exigent.



jflExafl.



2d



4th



faid city, on the 1 2th day oF March, in the year of our Lord,
1650, before F. Thorpe, one of the barons of the public Ex-
chequer, J. Parker, ferjeant at law, and others their fellows
jiiftices and cominifTK^neis affigned as well to hear and exarnine,
and to deliver the goal there, as to enquire by the oath, &c. of
certain treafons, mirprlfions of treafons, iniurreflions, rebel-
lions, murders, l<illings, felonies, &.c. C. B. and G. R, iher-
ifrs of the faid city of York return the faid precept to them,
in the form aforefaid dire(fl:ed ; and further tellify, that the
faid C. M. is not found in their bailiwick •, Whereupon the
faid fheriftb are commanded that they do not omit, becauie of
any liberty of their city, but that they caufe the faid CM.
to be called from county to county, until that according to
the law and cuflom of England he ihall be outlawed if he do
not appear; and ii he fhall appear, then that they take him
and lately, &c. fo that they may have his body before the juf-
tices, at the next general goal-delivery to be held in the faid
city, to anfwer to the faid keepers of the liberties ol England,
by the authority of parliament, of the felony and murder a-
forefaid ; at which day, to v/it, at the next general goal-deli-
very, held at the Guild-hall of the city of York, in the
county of the fame city, on the 22d day of July, in the year
of our Lord, 165 1, before F. T. one of the barons of the

public Exchequer, J , ferjeant at law and others, julUces

and commifTioners as well to hear and examine, and the goal
there to deliver, as to enquire by the oaths, &c. of certain
treafons, mifprifions of treafons, infurrections, rebellions,
murders, killings, felonies, robberies, &c. C. B. and G. P.
Ihieriffb of the city of York aforefaid, returned the laid pre-
fcript to them, in form aforefaid directed, thus indorfed, that
is to fay, At our county of the city ot York, held at the city
of York, in the county of the faid city, on Moj.day, to wit,
the 31II day of Alarch, in the year of our Lord, 1651, C. M.
within named, was the firfl time called and did not appear;
and at our county of the faid city there held, on the aSth
day of April in the year of our Loid, 1651, the faid CM.
was the fecond time called and did not appear; and ac our
county of the city there held, the 2Cth day of May, in the
year of our Lord, i^'Sr, the faid C M. was the third time
called ard did not appear ; and at the county of the faid city
there hel J, the 28tti day of June, in the year aforefaitl, tlie
faid C, M. v.as a fouith time called and did not appear •, and
at our county of the falid city there held, ttic 2ilt day of
Tuiy, in the year atorefaid, the faid C M. was the fifth time
callvd and.did not aj^pear. Therefore by the jtidgment of the
coioneis of the couniv of.the city ot York, the faid C. M. is



".n3ant
-lawed.



cuL-lawcd. Whkh record ihe lord the now kii:



for certain
caufcs



Attainders for Treafoii, &c.

caufes aiterwards bath caufcd to come htfoic Kim, &.c. -\here-
upon the IherifFs of city oi York afoicf:iKl, are commanded
that they take him if, &c. to Hand right in court, &c. And Capias ad
now to wit, on the Tutfday next after 15 days of St. Mai tin ftanJu.u
in this fame term, before the lord * the kin;; at WcftminUei, '^p*^*^Q^
comes Mary Morley, daughter and heir of the laid CM. who ^ ' -^^.>*
is within the aoe of 21 years, bv Philip Wa:d her <!i;ardian, rlic Jau'^h-
1 .^^^ 1 1 1 1 L- L J- -HI- J tor and heir

by the court 01 the lord the now king here ipcciaily admitieM, ^f ti,e ^,,1-

and forthwith produces here in court a certain writ of the laid lavappc-rs
lord the now king clofe, to his juJtices here directed, which anvlpr'duce*
follows in thefe words; Charles the fecond by the »race of a *•" of*^f-
God, «ic. to our jullices aifioned to hold picas before us, ^"^ '/ ^
greeting, becaufe in the record and proceedings, and alfo in ^j j^'_
the pronouncing of the outlawry againll C M. deceafed, tor
a certain felony and murder, whereof he is indi6ted, and there-
upon is outlawed, in the county of the city ot York pro-
nounced, and before us returned, as it is laid manileft error
hath intervened, to the great damage of Mary Morley, daugh-
ter and heir of the laid C. M. as from her complaint we have
underflood ; we willing that the error, if any hath been, in
the due manner be correfted, and that full and fpetdy julticc
be done the faid IVlary in this behail, command you, that ii
the the faid outlawry is returned before us, as it is faid, then
the record and the f«.Id proceedings now remaining before us
Ss it is faid being infpefted, and thofe being fummoned before
you, whom you thall think lit to lummon in this behalf, jou
further caufe to be done therein, for the annulling of the laid
outlawry, that which of right and ac cording to the law and
cullom of our kingdom of England fhall be to be done, wic-
nefsOurfelf, <S:c. And thereupon the laid M. M. daughter „ ,.

?nd heir 01 the laid C by her guardian atorclaid laith, that f,^ned.
in the record and proceedings afortfaid, there is manifell er-
ror in this, to "wit, that it doth not appear by the indictment
in the record aforelaid fpeciiicd, in what part oi the body ot
the faid R. Harrilbn, he the faid R. Haiiifon was wounded
as ought •, and alio, there is manifell error in this, to wit, be-
caufe in the Indiiflment aforelaid, in the record aforel:tid fpe-
cificd, it is exprelfed that the faid C. M. on the 15th day of
May, in the year^f our Lord, 1649, at the city of York afore-
faid, feionioully, wilfully, and of his malice aforethought,
him the laid R. H. did kill and murder, and nevertheleis, in
the record aforelaid it plainly appears, that ^e the faid R. H.
died on ihr 26ih day of May, ia the year atorefaid • and ail'o
there is a manifell error in ihis, to wit, becaufe the faid VTiit
of ihe lord the king of capias with pioclamaiion, was not di-
ie(5led to the iheiilf of the county of York, in which county
gf York the faid CM. dwelt at the time of the felony and
murder afrrcldd, as appears by the 'record, as it ought to
be, aud i:j this there i: ;t jnanifcit eiici, 'Ahertioie t!ie

l\^id



Attainders for Ti-eafoii, &c.

laid M. M. by her guardian aforefaid prays judgment, and

^ that the outlawry aforefaid, for the errors aforefaid and others

in the record and proceedings aforefaid found, may be rtver-

ied, annulled and entirely held for nought; and that fhe to

the Common Law of the kingdom of England, and to all

things which fhe hath loft, by reafon of the faid outlawry

may be reftored ; and that the court here may proceed to the

Scire fafias ^•'^'^"^"'it'on of the record and proceedings aforefaid, &c. and

to the file- becaufe that it feems necelTary and expedient to the court

riff of the here, before the court do proceed in this behalf, that as well

^K ""'^ ^^^ ^^^ tenants of the lands and tenements, which were of the

of the'ck ^^''^ ^- ^^- *^" ^^*^- ^^'^ ^5^^ "^^y ^^ ^'^^^ '" t^'^ y^^'^^ ^"''
of Yoik, to ^â– '9^'^' i649' aforefaid, on which day the felony and murder
fummon the aforefaid was committed, or at any lime after, as the loids of
ttT-tenants whom the faid lands and tenements mediately and immediately
and lords may be holden, fhould be forewarned to be before the lord the
imm'ed^at*" king, to hear the record and proceedings aforefaid, if they
fliall think fit. Therefore the fheriffs of the city of York,
and the iheriff of the county of York, are commanded that
* P* 284 *^^^^y do not omit, &c. but that by * good and lawful men
of their faid feveral bailiwicks, they give notice as well to
the tenants of the lands and tenements which were of the
faid C. M. on the laid 15th day of May, in the yiar oi our
Lord 1649 aforefaid, or at any time afierwardr, as to the
lords of whom the iaid lands and tenements mediately and
immediately are holden, that they be before the lord the
king at the ocftave of St. Hilary, wherefoever, &c. to hear
the record and proceedings aforefaid, &c. the fame day is
given to the faid M. M. by her guardian aforefaid, &c. at
which ocflave of St. Hilary, before the lord the king, at
Weflminfter, comes the faid M. M. by her guardian aloie-
faid, and T. W. ar.d R. H, (lieriffs of the county of the
city of York, return here into court the faid writ of the
lord the king, of fcire facias, to them as aforefaid directed,
^^'rh"ff' under this form, I'o the molt ferene lord the king, we moft
of'thed'ty humbly certify, that there are not any tenants, nor is there
that there any tenant of any lands or tenements, ' which were ci" the
•If none &c within named CM. on the 15th day of May, in the year
of our Lord 1649, ^'" which day- the felory and murdce
within mentioned, is. fuppol'cd to be committed, or at any
time afterwards, nor are there any lords, nor is tTiere any
lord of whom any lands and tenements of the faidC. M.
mediately or immediately are holden in our bailwitk, to
•whom we could give notice as within we are commanded,
the anfwer of T. W. and R. H. efquires, Iheriffs. And at;,
the fame day J. R. iheriff of the county of York, returns
here into court the faid writ of the lord the king, of fcir^
Thelikere facias, to him as aforefaid direded, under this form, To
ftitn by ths' the within written ^ord fhe king, I certify ttjat there are

not



Attainders for Treafon, &c.

rot anj tenants, noi is there any tenant, of any hncis and (|,g^;0-„f,^
tenements, which were of the within named C. M. on the c„unty.
15th day of May, in the year of our Lord 1649, ^'^^ within
mentioned time of the fuppofed lelony and murder within
written, or at »ny time afterwaids, nor are there any lords
nor is there any lord, of whom any lands or tenements ot
the faid C. M. mediately or immediately are hclden, in my
bailiwick, to whom I could give notice as within I am
commanded. The anfwer of J. R. elquire, fheriff.

Wliether this attamder was revcrfcd non confiat, but there are
Jome notes of the pnceedings in this cafe, -2^ Keble, 29, 31, 125,
•whereby it appears the opinion of the court was., that the wound
laid to be in etfuper dextram partem Uteris Jhc humiri fui, was
vneertain. Secondly , that the laying, that tha deoeafed was Jhot
the x^th of May, and languijhed till the ztth. and then died, et Jic
Mtrley murdered him that the l^th was naught, and the hcji way ia
to fay gcner ally et Jic, &c. quod Morley modj et jorma pradid'
murdered him.

Vtde Hales, PI. Cor. 207.
Stubbs 345, Dogherty 2()6, lay the conlufion in that manntr and
fee the next precedent.



* The King againf Doughty, and another. *P. 285.

Middlefex,') T> E it remembered that at the general quarter Captioft.
To wit. y O feffion of the peace of the lord the king
held for the county of Middlefex, at HicI.-s-Hall in St, John
ilreet in the faid county on Monday to wit, the 5th day 01
July, in the 32d year of the reign of our lord Charles the 2d, ^"'^''?"]s"*
&c. Before William earl Craven, N. F. and others their fel- ^f the peace
lows juftices of the faid lord the king afligned to preferve the for Middle-
peace in the faid county and alfo afligned to hear and determine fex, held thd
divers felonies, trefpaffesand other mifdetdsin the faid county sth d.'.yjuly
perpetrated, by the oath of S. P. and 16 others, grood and 3=Cli. zfov
lawiul men ot the laid county then and there iworn and^j.,^^^
charged to enquire for the faid lord the king and for the body
ot the county aforefaid, it is piefented in the manner and form
follosying to wit. Middlefex 10 wit, the jiiiors for the lord,
the king upon their oath prefent that Philip Doughty late of
the parilh of St. Margaret, Weftminfter in the county of
Middlefex, efquire, and Anthony Hamilton late of the pariih
aforefaid in the county aforefaid, efquire, nQt haring the fear

of



Attainders for Trcnfon, &c.



L'OUghtv



o: God before their eye«, but being moved ^nd deduced hy
tht inftigation of the devil, on the 23d day of April in the
32(1 year of the reign of the lord Chai les the 2d by the grace
oi God, &c. with force and arms, &c. at the parilh, 6cc. in
tije county, &c. in and upon one Ricliaid Capps, in the peace
of God and of the fiid lord the now king, then and there
being, felonioufly, wilfully and of their malice aforethought
did make an affault, and that the faid P. D. with a certain
rapier made of iron and fteel of the value of 5 fhillings, which
he the faid P. D. in his right hand then and there had and
held drawn, him the faid R. Capps then and there being in
and upon the left fide of him the faid R. Capp;, nigh to the
left pap of him tlie faid R. Capps, felonioufly,wiliully and of his
malice aforethought did ftrike and ihruft, giving to the faid R.
Capps then and there with the drawn rapier aiorefaid, in and
upon the left fide cf him the faid R.C. nigh to the faid left pap
cf him the faid R. C. one mortal wound of the breadthof hal£
one inch and of the depth of lix inches, of which mortal
wound he the faid R. C. from the faid 23d day of April in the
year aforefaid, until the nth day of June, from that time
next enl'uing in the year aforefaid, at the parifh aforefaid and
county aforefaid, and at the parilh of St. Martin in the fields,
in the county aforefaid, did lanoruilh and languilhingdid live, on
which nth day of June aforefaid, he the faid R. Capps, at the
faid parilhof St. Martin in the fields in the county of Middlefex
aforefaid, of the mortal wound aforefaid died; and that the faid
A. Hamilton, felonioufly, wickedly and of his malice afore-
thought was prefent, abetting, affifting, comforting and main-
taining the faid P. D. him the faid R. C. to kill and m irder, in
themanner and form aforefaid, and fo the jurors aforefaid fay up-
on their oath aforefaid that the faid P.D. andA.H. him the laid
R.C, in the manner and form aforefaid, felonioufly, wilfully and
of their malice aforethought did kill and murder, again.T: the
peace of the faid lord the now king his crown and dignity, tec
*?. 286. whereupon the iheriif of the county of Middlefex is comman-
ded that he do not omit, &c. but thai ht take them, * to an-'
fwer, &c. which indiftment the faid jufHces of the faid lord
the king, afterwards to wit, at the delivery of the goal of the
faid lord the king of Newgate held for the faid county at Jul-
ftice Hall in the old Baily in the fuburbs of the city of Lon-
don on Wediiefday to wit, the 7th day of July in the 32d
year aforefaid, before R. Clayton knighr, mayor of the city
of London, T. A. knight, and baronet, and others theirfel-
lows jutiices of the faid lord the king alfigned to deliver his
goal of Newgate of the prifoners being therein by their own
proper hands did deliver here ia court of record in the form
cf the law to be determined, and thereupon at the faid delivery
of the goal of the faid lord the king held for the faid county
xt Juliicc Hall aforefaid, on the faid Wednefday the 7th day
of July in tlie year aforefaid, befpre the Aid juftices laft

named



Languilh-
ing in two
paiifhcs.

Hamilton
iiding and
abetting.



Capias
awarded



Jndi£lment
tranfmitted
to the goaf
delivery of
Middlef«x
he Id .It the
Old h'ii y.



Attainders for Treafon, Sec.

named come the faid P. D. and A. H. under the cuflody of J.
K. knight, and S. L. kni^tit, (hevifF ot the faid county, into
v.hoie cuUody for the laid caufe before they were commiticd
brought here to the bar in their proper perlons, who are com-
mitted to the laid IheriiY, and lorthwich being leverully dtman-
ded of the ftlony aforelaid and of the murder atorelaid, in
the indiftment aforefaid, above fpecified, how ihey will
acquit, thcmit;hes thcieof, they the lliid P. D. aiid A. H. fe- PefentJ^ntt
vera lly fay that they are r.ct guilty thereoi, and thereof ior P'S'"*^' "°t'
good and evi! feverally put themfelves upon the country, thc;e- ^"' ^^'
lore Iniinediateiy let a jury come thereupon belore the juAices
Lilt named here, &r. who neither. Sec. to recogniio, &c. y'"'''*
And the juiois of tliat jury by the faid flieritt for that purpofe
impaneled to wit, X. P. W. P. and ten otheis being called
come, who being elected tiled and fvvcrn to fpeak the truth of Douglity
and upon the premilcf, fay upon their oath that the iai<l P. D. founJg'jiUy
is guilty of the felony and ruurder af >relaid, in the indicl.:ient
aforelaid. above fpecified in the manner and foim as by the
laid indirtmcnt above againft him is f.ippofcd, and that the
faid P. D. hath no gooils or chattels, lands or tenements to
the knowlc<lge of the faid jurors, and that the faid A. H. is .,

not guilty of the fclc-jy and murder aforelaid, in the indict- ^ ^ij^y^
ment aforefald, above fpecified, as he the faid A. H. tor hi-n
feli above by pleading hath a Hedged, nor hath he ever Hed
for that occafiun ; and thereupon immediately the faid F. D-
is aflctd if he hath or knov eth any thing to fiy for himf-df,
why the court here ffiould not proceed to judgment and execu-
tion againft him upon the faid vcidift, who faith nothing ex-
cept as before he hath faid, whereupon all and lingular the
premilis being leen ar.d by the court here underltood, it is jujomenr.
conlidcred by the court here that the faid P. D. be hanged by
his neck until that, occ. and that the A. IL be thcrei^f quit,
and th.it he go thereot without day. And now to wit, on the
Monday next after the morrow of the afcenfjon of our Lord,
in this fame term before the lord the king at VVellminlter,
comes the faid P. D. in his proper perfon, who ij comrnit'-d
to the martf;ai, &c. and forthwith faith that in the record and
procefs af-'orelkid, there is eiror in this to wit, ihtt. where- m- t

as it is iuppofed tl'at the faid indidment was tal^en, nt the ^f ^^-ors in
general quarter feflion of the peace of the county of Middle- jj.ii.
fex, and the laid geneial quarter lefTiOf of the peace appears
TO be held on the 5th day of July, before the fealt ot the
traniljiion cJ' St. Thomas the martyr, "v. hich always is and
iullb upJii the 7ih day of July, v\hcicas the general quarter
ieJiion of" I'he {leace ought to be he'd io the firll week alter the
laid feltival, therefore in that there is manifelt error, alio
'iie.'C h en or in this, that it doth not apptai by the faid record

Y y that



Atiaindtis for Treafon, &;c.

tliat any iffue was jcinvd between the fa'ui lord the king ami
'P. 207. ihcTaid F. and,ncveithcl«rfs tlie ' i'aid P. is tried and ei^ivia-
td â– without any iffue being joined thereupon, and I'o in that
there !s inanileil error •, alio there is maniltU erior in this,
bccaufc that by the writ ot ]>recept in the iliij record iven-
tioned thelheriif is commanded that he caivfe to come I?, &c.
â– who neither to the faid lord the king n<-r him the faid ?. aie
in any Wife of Inn, where as this word " fiehher " on}:',ht to have
been omitted, and fo in that in like manner there is maHilcft
error, and this he is ready to verify, wherefore he prays jud"-
Kient, and that the judgn-ient and attainder aforefaid, for the
errors atortfaid, and lor others in- thcrecoid and prccefs afore-
faid, appearing may be reverfed, annulled ami entirely held
' nought, and that he the iaid P. may be reftored to the com-
mon law and to ail things which he Ivath loll by occafun of
the iaid attainder, and that he as well of the faid convi<flion
aiid attainder as of the faid indidtnitnt n.ay be diimifftd by
the court here, and that the court here may ])roeeed to the
examination of the record and proccfs aforeijdd. And becaufe
that it fecms neceffary and expedient to the conrt here, be-
fore the court heie (hail proceed in that behalf that as well the
tenants of the faid lands and teiiements which were of the faid