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John Tremaine.

Pleas of the crown in matters criminal & civil: containing a large collection of modern precedents .. (Volume 1)

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his proper perfon, whereupon all and iingular the premiiTes
being feen, and by the court of the faid lord the now kin^^
here, more fully underftond, and mature deliberation being
thereupon had, becaufe that it feems to the court of the faid
lord the now king here, that the plea aforefaid by the faid J. A.
in the manner and form above, by replying pleaded, and the
matter therein contained, are not fufficient in law, for him the
iaid J. A. to have or maintain his appeal aforefaid, againft the
feid T. L. it is confidered that the laid J. A. take nothing by
his bill of appeal aforefaid, but for his falfe plaint be there-
upon taken, and that the faid T. X<. may go thence without
day, &c.

This cafe is elaborately and learnedly reported ly the Lord Chief
jftijiice Holty in Keyling's Reports, 93.



Ceflat pro-
ceffus.



Judgment
for the de-
fendant.



* P. 27.



Orbell, (widow) againft Wsivd.



Hilary, 3 & 4 of James II.

Appeal by Middle fex,/^ EORGE Ward, late of the parilh of St. James,
writ, by the Xo wit, vj Weftminfter, in the county of Middlefex, gt.
^^'^T °f A was attached by his body, to anfwer Elizabeth Orbell, widow,
thcdccealed^j^^ was the wife of Ifaac Orbell, gentleman, of the death
of the faid Ifaac Orbell, heretofore her huftjand, whereof fhe
apptaleth him, and there are pledges to profccute, to wit,
J B. &c. and thereupon the laid Elizabeth, by F. H. her at-
torney, according to the form of the ftatute, in fuch cafe made
and provided, inftantly appealeth the faid G. W. for this, that
when the faid Ifaac Oibeil was in the peace of God, and of

our



Appeals of Murder.

our lord the king, in the parilh of St. James, within the I'l-
berties of VVeflminfter, in the county aloiefiid, on the 13th
clay of July, in the 3d year of the reign of our Jord James
the 2d, tkc. on the ninth hour after mid-day, of the iaid day",
there to wit, at the parifhof St. James, within the Jiberties
of Weftminller, in the county aforefaid, came the faid George
Ward, felonioufly, and as a felon of the laid lord the now
iing, wilfuily, and of his malice aforethought, and with pre-
meditated lying in v/ait, againft the peace of the faid lord the
now king, his crown and dignity; on the 13th day of June,
in the 3d year of the reign of our faid lord the now Inn", at
the ninth hour, after mid-day of the faid day, and in and upon
the faid I. O. then with force and aim?, &c. at the parilh, &c.
in the county aforefaid, did make an afTault, and the faid G.
W. then ah(l there, with a certain fword, of the value of 5s.
which he the faid G. W. then and there, to wit, on the 13th
day cf June, in the 3d year of the reigri of our lord James
the 2d, at the pari (h aforefaid, and in the county aforefaid, in
his right hand, had and held, him the faid I. O. in and upori
the left part of the belly, of him the faid I. O. nigh to the
ravel' of him the faiid I. O. then and there felonioufly, wilfully,
and of his malice aforethought, did flrike, and thruft, and
gave to the faid I. O. then and theie^ in and upon the faid left
part of the belly of him the faid I; O. then and there, nigh to
thefaid navel of him the faid I. O. with the fword aforefaid,
one mortal wound, of the breadth of half of one inch, and of
the depth of fix inches, of which mortal wound, the faid I. O,
from the 13th day of June, in the 3d year aforefaid, until the
i6th day of the faid month ol June, in the 3d year aforefaid^
at the pairilh aforefaid, in the county aforefaid, did languifh, and ■'•

languifliing did live, and then to wit, on the faid i6th day of
June, in the 3d y ar aforefaid, at the pariili aforefaid, &c»
and in the county jjforefaid, &c. he the faid I, O. of the
mortal wound aforefaid, died, and fo the faid G. W. him the
faid I. O. on the faid i6th day of June, in the 3d year afore-
faid, at the parifh aforefaid, and in the county aforefaid, in
the manner and form aforefaid, felonioufly, '.viUuily, and of
his malice aforethought, did kill and murder, againft the peace
of the faid lord the r.ow kin^, his crown and dignity, and as
foon ais the faid G. W, the felony and murder aforefaid, had
committed, he the faid G. W. fled, and flie the iaid Elizabeth
him frefhly purfued, from vill to vill, unto the four nearell
vills, and'further until 6cc. and if the faid G. W. the felony
and murder aforefaid, to him in form aforefaid, charged will
deny, the faid Elizabeth is ready to prove it againil him, as the
couit, £tc.

* And the faid George Ward comes in. his proper peifon, * P 78
and prays oyer of the writ of appeal aforefaid, and the re-pra-e,. ^{ '



Appeals of Jvlurder.

w It of ap. turn of tlie faid writ, and tliey are read to Irm in thcfe v/ords,
pf.al, and » y^; ihe Jher'ijf oj MicUlcJi:y, grectit'g, fur cfs ?nuch us Elizabeth
t* r 1\ "^t i ^^^^^^1 "^^'^^ '^"^^ '''^ '^^'fi ^^' //'^'''^ Orl/cil, hath i>7vsn us fscurity to
W'rita'^ainft /**"?/' <-'^^-" ^^^^ ^'''^/'^"''''^ ^S J' ^- ^'^^^ of thi panjh oj St. James,
the A^iend- Py'cjiminjltr, in your county , gentleman, and R. 0. oj\ cS'c.jhcrc-
ant, b) the J ere, lue cimmand you, that you. attach George IVard, late of the
name of parjh of St- Jsimes, Wejlmirfur, in your county, gentleman, by
W \ d ^ late^"^ f'ody, according to the law and cuftom of England, fo that yovi
of thep;iri(h ^'^y htnt him befre us, on the oSia':>e f St- Hilary, zvherejoever,
of St. James ^c. to anjiuer to the J aid Elizabeth, of the death of the Juid I. 0.
Wcftmin- herttof.rehcr hufband, an J -whereof J}:e appeaLth him, and have
''• there then this writ, zvitnef, &c." The execution ot this writ

appears in a certa n iihrdnle to this writ annexed, the anfwer
of B.ifiU Fiiebials, tt. and J. P. kt. iheriir, Middlefex, to
wit, ', B. F. and J, P. f sir if of the county of Middlefex, to the
thefa'dl.rd the king at W(Jlminfery humbly certify, that by vir-
tue of the faid ztnt to 7KC d:r £ied, "which is annexed lo this Jche-
d:de, 1 attached thi faid George Ward, in the j aid writ named, by
Tiis hody, according to the l.nv and cufiom of Englaiid, whofe body
in the p'ri/on of the jaidhrd the king, under 7yy fif cufiody, I had
and detained vntil afterwards, to zvU, ni the i \f} day of December y
in the T^d year of the re rn of our lor i jAmes the 2d, <S'c. 1 received
a certain ■writ, of theja'd hrd the king, of habeas corpus dm cau/e^
to me directed, to have the body of the faid G. W. before Rcbert
Wright, kt. chief juftice cf the faid Ird the king, ajjfigncd to hold
pleas in the court of th fail lord the king, before the kivg him/elf,
at his chamber, Jitiiate m Serjeant's- inn, in Chancery -lane, London,
itntnediately after the receipi of the Jad writ ; by virtue of which
-■ " - 'zorit, on the receipt thereof, and imtnediat.ly after, to zuit, on the zcth

day of I eccmber afore/ aid, I had m my jafe cufiody before the
chief fit /lice ofrcfaid, at the time afortjaid, the body of the /aid
George IVurd, together zui.h the day anct cauf of the caption and
ditontim of the fuid George Ward, in the form aforejaid, zvhich
chief ju/lice then received from me, the body cf the jaid C . W.
charged zvith the cauje af<.rcfaid, and me exonerated from any jurther
cufiidy of the /aid G. W. thcrcfre I cannot have the body of the
Jaid G. W. before the /aid lord the king, at the day and place in the
•writ aforefuid contained, acccrdnig to the command f that writ,
by the /aid f her if ; which beino read and h arJ the laid George
Ward, by C. G: his attorney, defends the force and injury,
V/hen, &c. and all the Iciony, and whatfocver, &c. and
prays judgment of the original writ aforel'aid, becaufe he
iaith that he the faid G. W. by the faid writ is appealed by the
name of G. W. late of the pariih of St. James, M^'eft-
miniler, in the county of Middlefex, gentleman, whereas in
truth and in faft, within the county of Middlefex, there is a
plead" ^n' ^^i"*^^'" pa'ifli Imown and called by the name of the parifh
al;atement *^^ ^'' J<*'^-eSj zvithin th liberties cf Weilminfter, but in the
that thereis fk'i^



Appeals of Murder.

faid county of Middlefeic, there is not had, nor on the day oFno fuch
thf iuing out the original writ of appeal alorefaid, or tverparifl).
afterwards was there had any parilh, vill or place, called or
named by the name of the parifh of St. Janus, Wcflnunilcr
only, as the laid EHzat)eth by her writ aforefaid flippofcs, aiul
this the faid G. is ready to verily, wherefore he piays judg-
ment cf the faid writ, and that the writ atoieiaid may be
qualhed.

H. PoUexfen.

' And the iaid Elizabeth Orbell faith, that the plea afoie-* p. 20.
faid, of the faid G. W. above pleaded, and the inattcr there- DemurrA-r.
in contained, are not fuificient in law to quaih the writ afore-
faid, and that Ihe to the plea aforefaid, of the faid G. W. in
manner and form aforefaid plcadtd hath no nectlFity, neither is
ffie bound by the law of the iajid to anfwer the faid p!ea, and
this the is ready to verify, wherefore, ior want of a fufficienc
anlWer in this behalt, the faid Elizabeth prays judgment againft
the faid G. W. of and upon the pi-enaiilee, and that the faid
Writ may be adjudged good, &.c.

Crefwell Levinz.

And the faid G. W. faith, th?t the pka aforefaid, by hlmjo'ndcr-
the faid G. W. in abatement of the original writ aforefaid
above pleaded, and the matter therein contained, are good and
fufficient in law to qualh ihe original writ aforefaid, of the
faid E O. which plea, and the matter therein contaiaed, tiic •

iaid G. is ready to verify and prove as the couit, 4^c. and be-
caufe the faid Elizabeth doth not anfwer the Taid plea, nor
it in any manner hitherto doth deny the faid G. a-> ucfore
prays judgment, and that the faid writ may be quaihed, &c. - ,

And becaufe tbe court of the faid lord the king here, are not^/z-^^f.
yet advifcd to give their judgment oi and upon the pjcm'lTes,
therefore day is given to the parties atoielaicl, before the faid
lord the king, from the day of Eailei in i j days, wherefoever,
&c. to hear their judgment ol and upon the ^rernilTes, becaufe
the court o! the faid lord the now king here, thereupon not
as yet, 6cc.

"judgment for the defendant. R'-p'irted Shower's Reports 47.
I !>alk. 59.



E 2 Killcgrcw



Appeals of Murder.



Killegrew aga'mji Vincent.

Tleas before the hrd the king, at Weftminfter, of the
term of the Holy Trinity, in the \.th year of the reign
of the lord James the 7.d. the now king o/" England,
&:c.

Appeal by CsrmvaU.YyY, It remembered, that on Friday next after the
^^l^ ^*^°w To wit. -*-^ Morrow of the HolyTiinicy, in this fame term,
ceafed ^" ^^^^re the lord the king, at Weftminiter, came Ann Kille-
liot guilty grew, widow, ^vho was the wife of George Killegrew, late of
pleaded, &c. efquire, in her proper perfon, and brought here into the
and at the court of the faid lord the king then there, her certain bill
'fi'r^'h'^ againfl Walter Vincent, late of, &c. efquire, in the cuftody
defemiarft ^^ ^^^ marfhal, &c. of the death of the faid G. K. hereto-
was found fcre her hufband-, and there are pledges to profecute, to wit.
not guiliy. W. T. of, he. baronet, and F. T. of, &c. efquire •, which bill
follows in thefe words, to wit, — •Cornv/all, to wit. A. K.
•widow, who was the wife of G. K. Lite of, (Sec. efquire, in-
llantly appealeth, W. V. late of, &c. efquire, being in the
cuftody ot the mzrfhal of the marfhalfea, of the lord the king,
before the king hiniffili^ for this, that wiien the faid G. K.
was in the peace of God and of the faid l^vd the king, at the
vill of, &G. in the county of Cornwall aforcfaid, on the 20th
•75 day of March, in the 4th year of the reign of our lord James

+ • O^'tlie 2d, the now * king, &c. at the 7th hour after mid-day, of
the faid day there to wit, at the vill &c, in the co. ofCornwall
aforefaid, came the faid W. V. felonioufly, and as a felon of
our fa'd lord the new king, wilfully, and of his malice afore-
thought, and with premeditated^ lyi"g i" v;ait, a^ainft the
peace of the faid iord the now king, his crown and dignity, ott
the izxh. day of March, in the 4th year of the reign, &c.
at the 7th hour after mid day of the faid day, and in and upon
the faid G. K. then with force and arms, &;c. at, 6cc. in the
county of Coinwall aforcfaid, did make an affault, and the
faid W. V. then and there with a certain fword, of i^e value
of 5 fliillings, which he the faid W. V. then and there, to wit,
en the ^oth day of March afoiefaiil, in the 4th year of the
reign, &c. at,<Sic. in his right-hand had and held, him the laidG.
Y^. in and upon the right fide of the body of him the faid G. K.
under the right arm cf him, the laid G. K. then and there fe-
lpn:oufiy, wiifjrlly, and of his malice aforethought, did itrike

and



Appeals of Murder.

and thrufl, and gave to ihe fald G. K. then and there with the
fwordaforefaid, one mortal wound of the breadth of one inch,
and of the depth of eight inches, of which mortal v;ound the
faid G. K. then and there inflantiy died, and fo the aforelaid
W. V. him the faid G. K. on the faid 20th day of March, in
the 4th year, &c. at, &c. in the manner and form aforeiaid, fe-
lonioully, wilfully and ol his malice aforethought, did kill and
murder, againfl the peace of the faid lord the now king, his
crown ar.d dignity : and as foon as the faid W. \ . had com-
mitted the felony and murder aforefaid he fied, and the faid
Ann him frellily purfued from vill to vill, unto the four
neareft viils, and further until, &c. And if the faid W. V. the
felony and murder aforefaid, to him in manner and form afore-
faid charged will deny, the laid Ann is ready to prove this
againft him, as the court, Scq.

And the faid Walter Vincent comes in his proper perfon, pj^^ ^^^
and defends the force and injury, when, Sec. and all the £tlony „^iify
and murder, and whatfoever, &c. and faith that he is not guil-
ty thereof, and thereof, for good and evil, puts himfelf up-
on the country, and the faid Ann doth the like ; therefore let a
jiiry come before the lord the king at Weftminfter, on the
Wedneiday next after three weeks of the Holy Trinity,
who neither, &c. to recognize, &c. becaufe as v/ell, &c. The
fame day is given to the parties aforefaid there, &c. and there-
upon before the loid the king at Weltminlter, comes A. B. of,
&c. C. D. of, &c. G. H. of, &.C. in their proper perfons, and
mainprized to have the body of the faid W. V. before the faid
lord the king, at Weftminfter, on the faid day, and fo from
day to day until that, &c. each of the mainpernors aforefaid,
body for body.

* Pleas before the lord the king at Weftminfter, of the term * P « r
of the Holy Irinity, in the 4th year of the reign of the lord ' '^
James the 2d the now king of England, tScc.

Ccnnuall, to wit.— The jury between A. K. widow, who was rp. y
the wife of G. K. late of, &c. efq-, appellant, by her attorney,
and W. V. late of, &c. efq; to recognize upon their oath, whe-
ther the faid W. V, be guilty of the death of the faid G. K.
heretofore the hufband of the faid Ann, whereof {he the faid
Ann hath appealed him in the court of the iaid lord the king
before the king himfelf, or not, is rcfpited, before the faid
lord the king at Weftminfter, until the Tuefday next after
three weeks of St. Michael, unlefs the juftices of the faid lord
the ki;ig, afligned to take affises in the county aforefaid, ftiall
iirft come, to wit, on Monday the 2cth day of Auguft, at
I.auncefton, in the county aforefaid, by the form of the fta-
tute, ice. fcr the default of jurors, &c. therefore let the iherifF

have



Appeals of Murder.

have thcli bodies, &c. The fame day is given to the parties
aforefaid, to wit, to the faid W. V. by his bail as before, &c.

Pofte Afterwards at the day and place within contained, before

Edward Atkyns, knt. chief baron of the Exchequer of tlie
lord the kin<^, and R. B. knt. one of the juftices of ihe faid
lord the king,alligned to hold pleas befoie the king himlelf, ac-
cording to the form of the ftatute, &c. come as well the within
■written A. K widow, as the within mentioned W. V. efq; in
their proper perfon?,and the jurors of the jury, whereof mention
is within made, being called likewife come, who being elcfted,
tried and fworn to fpcak the truth of and concerning the pre-
miffes within contained, fay upon their oath, that the faid W.

Not guilty. ^- ^^ ^^^ gu'l'^y '^^ t^e felony and murder within written, as
the faid W. V. within thereupon, by pleading hath alledged,
therefore^ occ.

-^.p James, &;c. ,to the fherlff of Cornwall, greeting. We com-
t Tu ^^^^ y°"» t^^' y^" diftrain William Vivian, efquire, and the

ratorum in Other jurors fummoned in our court before us, between A. K.
anappeal. widow, who was the wife of G. K- late of, &c. appellant, and
W. V. late of, &c. to recognize upon their oath whether the
faid W. be guilty of the death of the faid G heretofore the
hulband of the faid A. whereof the faid A. hath appealed him
in our court before us, or not, jby all their goods and chattels
within their bailiwick, fo that neither they, nor any by them,
lay hands on them until that you ftiall have other command
from us thereupon, and that you anfwer to us of the iflues
of the fame, fo that you have their bodies before us on
the Tuefday next after three weeks of St. Michael, or before
our juftices afligned to take afltfes in your county, if they Ihall
firft come on Monday the 30th day of Auguft, at Launceflon,
in your county, according to the form of the Itatute in that
cafe made and provided, to make the faid juiy, and to hear
their judgment of many defaults: and have you there the names
of the jurors and this writ. Witaefs, K Wright, kt. at Weft-
ininfter, the 4th day of July, in the fourth year of our reign.

Henly,



* Appeal



Appeal of Robbery.



Appeal of Robbery- , * P. 32-



H. B. againfl J. 0.

31 Charles the zd,

Derby, /I ND the faid H. faith, that the fald J. ought Counter-
To wit, iV. not to be admitted towage battle in this appeal pl«a to a
■with the laid H. becaufe Kc faith that heretofore, to wit, at the T'^^?'^ °^
general feflions of the peace, for the town of D. aforefaid, in^Q^ 'jij
the county aforefaid, holden on the 7ih daj of June, in the pleaded to
31ft year, &c. at the town of D. aforefaid, at the Guildhall an appeal of
there, before R. W. efq; mayor of the lord thr king of the town Robbery,
aforefaid, S. D. knt. recorder ot the town, and others their fel-
lows, juitices of the faid lord the king, to prefcrve the peace
there, and alfo affigned to hear and determine divers felonies,
trefpaffes and other mifdeeds, wir!i-n the town aforefaid per-
petrated, by the oath, I. D. gent. L. 8. gent. &c. good and
lawful men of tht faid tcwn, tben and there fwurn and charged
to enquire for the faid Jord the king, and the body or the town
aforefaid, it was prtftnited, that the faid J. O. by the name,
&c. on the loth day ot March, in the 31ft year, «Scc. with force
and arms at the town of D. aforefaid, in the county aforefaid,
the fhop of H. D. in the town aforefaid, in the coanty afore-
faid, adjoining to the manfion houfe of the faid H. B. in the
town of D. afo'elaid, and parcel of the faid manfion- houfe,
(Hcllen the wi.e of the faid H. then being in the faidmanfion-
noufe) felonioufly entered, and twenty fnaHlcs, of the value
of 8s. 4d. feven pair of fpurs, of the value of Cs. iid. two
whips, of the value of 6s. two furcinghs, &c. of the pioper
j^oods and chattels of the faid H. B. then and there found,
felonioufly did fteal, tak^, and carry away, againlt the peace
of the faid lord the now king his crown and dignity; the
record of which indidlrnent, now for certain caufes is tr.infinit-
ted into the court of the faid lord the king, before the king
kimfelf, by virtue of the writ of the faid lord the king, of

certiorari.



Incli(9.ments for Felon)'.

certiorari, and now here in the fatd court of the faid lord the
king himfeir, remains of record, as by the record here in the
faid court of the faid lord the king, now remaining fully ap-
pears, and this he is ready to verify by the faid record, where-
fore he prays judgment, and that the faid J. O. may not be
admitted to wage battle, with this that the faid H. will to
verify that the faid J. O. in the indictment aforefaid, and
the faid J. O. now appealed, is one and the fame perfon, and
tot another nor different perfon, and that the g(wds and mer-
chandize in the indidment aforefaid, above fpecified, and the
goods and merchandize in the appeal of the faid H. B. above
mentioned, are the fame goods and merchandize, and not other
nor different.

Simon Degge.

See Pulton de pace Regis et Rtgnt, 1S5 b. to 187 b, Staunford*s
Pleas of the Crouin, 178 b, /ir 7vhat caufes the appellant Jhall
counterplead battle, and that an indictment Jound is a good counter-
flea.



"' o3* * Indidments for Felony,



The King againfi Ringrofe,

Indiament rj, • HP HE jurors, &c. that D. R. of, &c. W. D. of,
for Felony, ■'•OWU. J_ ^^_ ^^j y^ p_ ^^ ,^^^ ^^ ^,^^ ^ift of Febru-

on the fiat, g^y^ in the 29th year, &c. not having the fear of God before
^* ^^ ' their eyes, but contriving and malicioufly intendiirg one J. R.
commonly then and as yet being a fubjed of our faid lord the king, to
called the maim and disfigure, with force and arms, &c. at, &c. in and
Coventry upon the faid J. R. then and as yet being a fubjcd; of our faid
^^. . . lord the now king, on purpofe, and of their malice afore-
!!!!/■".. ,,,1.,, tho-i£ht, and by lying in wait, unlawfully and felonioully did
didthefaa, make an alfault, and that the laid D. K. with a certain knire,
and the of the value of id. which he the faid D. R, then and there,
aiders and {^ j^jc right hand had and held, then and there with force
abetters. ^^^^ arms, &c. on purpofe, and of his malice aforethought,
and by lying in wait, imlawfaliy and felonioully did cut and

difablc.



Indi6lments for Felony.

flifable the right eye of her the iaiJ J. R. with intention in
fo doing, to maim and disfigure her the laid J. R. and the
jurors atorefaid, further iay upon their oath aforcfaid, that the
iaidW. D. and M. D. with force and arms, &c. on pmpofe,
and of their malice aforethought, and by lying in wait, un-
lawfuUyand felonioufly then and there, were prcfeni, abettinj;,
alfiiting and comforting the faid D.R, to commit and ])crpf-traio
the felony aforefaid, in manner and form aforefaid committed,
and fo the jurors aforefaid, upon their oath aforefaid, further
fay, that the faid D. R. W. D. and M. D. on the 20th day of
February, in the 29th year, &c. at, &c. with force and arm?,
&c. on purpofe, and of their malice aforethought, and b/°
lying in wait, unlawfully and felonioufly did do, commit and
"perpetrate, and each of them did do, conmiit and perpttratc
the felony aforefaid, in form aforefaid committed upon the faid
J. R. againft the form of the. ftaiute, &.c. and againil the
peace, &c.



The King and Queen agaiiijl Gampoell and * P- 34.
others.

^he Second of JVilliam and Mary.

Middle/ex;, ^"JTmiY, ]\x\OT?, Sec. that James Campbell, late of, Indliflment
To wit. A &c. Archibald Montgomery, late of, &c. John f"' f^'^al'^g,
Johnlton, late of, «Scc. otherwife called Captain Johnfton, late?"'* ^n^^'
of, &c. otherwife called Sir John Johnfton, Lite of, &c. onj^gfrgfj
the 14th day of November, in the 2d year, &c. with force and (^^ubis.
arms, &c, at the parifh of St. Giles, in the fields, &c. in and Jii?-)
.upon Mary Wharton, fpinlter, then and as yet being within
the age of 14 years, and a maiden, and the only daughter and
heir of one P. W. efquire, then deceafed, and then and there
having fubftance in moveable goods, to the value of one
thoufand pounds, and in lands and tenements, to the value of
one thoufand five hundred pounds by the year, aiid in the
peace of God, and of the faid lord the Icing and the faid lady
the queen, then and there being, violently did make an alfault,
and her the faid M. W. then ar.d there did put in great fear
of her life, and her the faid M. W. then and there, with force
and arms, &c. from the faid parilh of Si. Giles, in the fields,
unlawfully, felonioufly, and againfl the will of the faid M.
W, violently did take, force, and carry'away, with, iat^r.dca

F thai



Indidlments for Felony.

that he the faid J. C. for the lucre of the fabftance nforefaic?,


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