the fame city, greeting: Whereas one John Lovelafs, gentleman, lately, to wit, in Trinity term, in the twenty-fourth year of our reign, by bill without our writ, impleaded one George Groom in our court before us at Westminster, in the county of Middlesex, in a certain plea of trefpafs upon the cafe upon promifes, for the non-performance of certain promifes and undertakings then supposed to be lately made by the faid George to the faid John, to which the faid George has for plea in bar alledged as to the promise and undertaking in the faid first count of the faid declaration mentioned, in that plea mentioned, that is to say, by a certain inquifition taken at the feffions of the peace of oyer and terminer, and general gaol delivery of our gaol of Newgate, in the city of Bristol, and county of the fame city, held in the Guildhall of the faid city, within the fame city, on Saturday, the twenty-fifth day of April, in the eighteenth year of our reign, before J. D. mayor of the faid city, J. D. recorder of the faid city, M. S. one of the aldermen of the faid city, and others their affociates, our juftices affigned by virtue of letters patent of our lady Anne, of Great Britain, &c. late queen, granted and confirm d to the mayor, burgeffes, and commonalty of the city aforefaid and their fucceffors; and by which faid letters patent the faid late queen willed that the mayor, recorder, and aldermen of the city aforefaid for the time being, or any three or more of them (whereof the faid mayor and recorder for the time being to be two) fhould be fuch juftices to enquire by the oaths of good and lawful men of the county of the city aforesaid, as well within liberties as without, by whom the truth of the cafe might be the better known, of all treafons, murders, ravifhments of women, and other felonies whatsoever, as alfo of all trefpafles and mifdemeanors within the faid precincts and liberties of the city of B. aforefaid, by whomfoever or howfoever done, perpetrated, or committed, and alfo all indictments whatfoever before our fame juftices, or any of our late juftices, or any of them within the county of the city aforefaid, taken to hear and determine, and our gaol of the county of the city of B. aforefaid, of the prifoners therein being to deliver, the faid J. L. was convicted of the wilful murder of A. B. and was adjudged by the court there to be hanged until he was dead, on Wednesday, the twenty-ninth of April, in the eighteenth year of our reign, and his body to be delivered to R. S. furgeon, to be diffected and anatomized, as more fully appears by the record and proceedings thereof; to which faid plea of the faid George he the faid John has replied, that there is not any fuch record of the conviction and attainder of him the faid John, as the faid George has in pleading alledged; and the faid George hath joined illue thereupon, and faith that there is fuch record of fuch conviction and attainder now remaining in your cuftody; therefore we command you that you, fome or one of you do fearch and infpect the record and proceedings before you remaining, and what you shall find by the record and proceedings of the faid conviction and attainder

as

70

under your

as aforefaid, as fully and entirely as the fame remains in your cuf-
tody, you certify and fend to us at Westminster, on
feals, or the feal of one of you, together with this writ; witnefs
William, earl of Mansfield, at Westminster, the
in the

year of our reign.

day of

GEO. WOOD.

Replication to

the writ was

APPEAL.

AND the aforefaid plaintiff, by A. B. his attorney, comes, and a plea to a as to the aforefaid plea of the faid defendant of the conviction writ of appeal aforefaid, by him in manner and form aforefaid pleaded, says, of murder that that he by any thing in that plea contained ought not to be fued, &c. before barred from having his aforefaid appeal against the said defendant, a former con- because protesting that there is not any fuch record as the faid viction of man- defendant hath above in pleading in bar of the appeal aforefaid flaughter. alledged; for replication in this behalf the faid plaintiff fays, that he fued out his original writ of appeal in this cafe against the faid defendant long before the faid defendant was convicted of manflaughter, as is alledged in the said plea of the faid defendant, to wit, on, &c. in the eleventh year, &c. to wit, at, &c. as by the faid appeal remaining here of record appears, and this, &c. by the faid record; wherefore, &c. if he by reafon of the premifes ought to be barred from having his faid appeal maintained against the faid defendant.

Smith v. Tay

lor, 11, Geo. 3.

Writ of appeal of death, &c.

J. MORGAN.

GEORGE the Third, by the grace of God, &c. &c. to the fheriff of S. greeting: Forafmuch as A. C. widow, who was the wife of J. C. late of, &c. in your county of S. gentleman, hath given us fecurity that her fuit fhall be profecuted by J. D. and R. R. gentlemen; therefore we command you that you attach A. B. late of, &c. in, &c. by his body, according to the law and cuftom of England, fo that you may have him before (a) "A general us (a) wherefoever we fhall then be in England, to anfwer the return day." faid A. C. of the death of the aforefaid J. C. heretofore her hufband, whereof the appealeth him the faid A. B. and have you (b)" To be here this writ; witnefs ourself at Westminster, the day of (b) tefted the day in the eleventh year of our reign.

"fued out."

A plea in abate

AND the faid defendants fay, that the faid plaintiff ought not ment of me un- to have or maintain the faid bill or writ of appeal against them ques accouple in el matrimony, the faid defendants, because they fay that the faid plaintiff was

in an appeal of

murder.

never

never joined in lawful matrimony with, or lawfully married to the faid J. P. deceased; and this, &c. where and when, &c. wherefore they the faid defendants pray judgment if the faid plaintiff ought to have or maintain her faid bill or writ of appeal thereupon against them the faid defendant; and as to the faid felony and murder the faid defendants fay, that they are in nowife guilty thereof, and thereupon of good and ill they put themselves upon the country, and the faid defendant doth the like, &c.

And the faid plaintiff, as to the faid plea of the faid defendants Replication to above pleaded in bar of the faid bill or writ of appeal of the the laft plea. faid plaintiff, fays, the ought not by reafon of any thing in that plea alledged to be precluded from having or maintaining her faid bill or writ of appeal against them, because she says, that the the faid plaintiff was at the parish of, &c. in the county of, &c. within the diocefe of, &c. joined in lawful matrimony with, or lawfully married to the said J. P. deceased; and this, &c. where and when as the court here fhall confider thereof, and the said defendants do the same, &c.

GEORGE the Third, by the grace of God, &c. to the A writ of apfheriff of Surry, greeting: Forafmuch as

Smith, widow, peal of death,

who was the wife of James Smith, late of the parish of Saint Mary, Lambeth, in your county of Surry, yeoman, hath given us fecurity that her fuit fhall be profecuted by

of

and

of (names and additions of real pledges, with their degree or mystery, though Mr. Morgan did not think real pledges neceffary); therefore we command you that you attach John Taylor, late of the parish of Saint Mary, Lambeth, in your county of Surry (his addition as in the indictment), by his body, according to the law and cuftom of England, fo that you may have him before us, on , (a general return) wherefoever we shall then be in England, to anfwer the aforefaid

Smith of the death of the faid James Smith heretofore her husband, whereof the appealeth him the faid John Taylor, and have you there then this writ; witness ourself at Westminster, the day of in the eleventh year of our reign (to be tested the day fued out). N. B. the curfitors office will inform you as to the ftamp of the writ.

Hilary Term, 11. Geo. III.

against

death, that the

ELIZABETH SMITH, WIDOW,) And the aforefaid E. Smith, Replication to by Robert Crifpin her attor- a plea to a writ JOHN TAYLOR. ney, comes, and as to the afore- of appeal of faid plea of the faid John Taylor of the conviction aforefaid, by writ was fued him in manner and form aforefaid pleaded, faith, that the by any out before the thing in that plea contained ought not to be barred from having former her aforesaid appeal against the faid John Taylor, becaufe pro- viction of mantefting that there is not any fuch record as the faid John Taylor laughter. hath above in pleading in bar of the appeal aforefaid alledged;

con

for replication in this behalf, faid Elizabeth faith, that the fued out her original writ of appeal in this cafe against said John Taylor long before the faid John Taylor was convicted of manflaughter, as is alledged in faid plea of faid John Taylor, to wit, on the fourth day of December, in the eleventh year of the reign of his prefent majefty, to wit, at the parish of Saint Mary, Lambeth, aforefaid, in faid county of Surry, as by faid writ of appeal remaining here of record appears, and this he is ready to verify by faid record; wherefore the prays judgment, if the by reafon of the premises ought to be barred from having her faid appeal maintained against faid John Taylor, &c.

J. MORGAN

Information quo

warranto.

Defendant

of aderman in

the borough of Cambridge.

QUO WARRANTO.

CAMBRIDGESHIRE, to wit. Be it remembered that J. T. efquire, coroner and attorney of our prefent fovereign lord the u- now king, in the court of our faid lord the king before the king furps the office himfelf, who for our faid lord the king in this behalf profecutes, in his own proper perfon came here into court of our faid lord the king before the king himself, at Westminster, on, &c. laft paft, and for our faid lord the king, at the relation of W. F. of, &c. according to the form of the statute in such case made and provided, brought into the faid court of our faid lord the king, before the king himself then and there, a certain information, in nature of a quo warranto, against S. F. late of, &c. which faid information followeth in these words, that is to fay, Cambridgefhire, to wit: Be it remembered that J. T. efquire, coroner and attorney of our present fovereign lord the king, before the king himself, who for our faid lord the king profecutes in this behalf, in his own proper person cometh here into the court of our faid lord the king, before the king himself, at Westminster, on, &c. in this fame term, and for our faid lord the king, at the relation of W. F. of, &c. according to the form of the ftatute in such cafe made and provided, giveth the court here to understand and be informed, that the borough of Cambridge, in the county of Cambridge, now is, and for the space of twenty years last past and upwards hath been an ancient borough, and that the mayor, bailiffs, and burgeffes of the faid borough now are, and during all the time aforefaid have been one body corporate and politic in deed, fact, and name, by the name of the mayor, bailiffs, and burgeffes of the borough of Cambridge, in the county of Cambridge, that is to fay, at the borough of C. aforesaid, and that within the faid borough, there and for and during all the time aforefaid, there have been and now ought to be a mayor, twelve aldermen, twenty-four of the common council, four bailiffs, and

2

an

an indefinite number of burgeffes at the faid borough; and that the office of an alderman of the faid borough for and during all the time aforefaid hath been and ftill is a public office, and an office of great truft and pre-eminence within the faid borough, touching the rule and government of the faid borough, and the adminiftration of public juftice within the fame borough, to wit, at the borough of Cambridge aforefaid; and that S. F. late of Cambridge, in the county of C. aforefaid, gentleman, on the day of , in the twenty-feventh year of the reign of our faid prefent fovereign lord George the Third, &c. and from thence continually afterwards, to the time of exhibiting this information at the borough aforefaid, in the county aforefaid, hath there used and exercised, and ftill doth there use and exercise without any legal warrant, royal grant, or right whatfoever, the office of an alderman of the faid borough, and for and during all the time laft above-mentioned hath there claimed, and ftill doth there claim, without any legal warrant, royal grant, or right whatsoever, to be one of the aldermen of the faid borough, and to have, ufe, and enjoy all the liberties, privileges, and franchifes to the office of an alderman of the faid borough belonging and appertaining, which faid office, liberties, privileges, and franchises, he the faid S. F. for and during all the time laft above-mentioned, upon our faid lord hath ufurped and ftill doth ufurp, without any legal warrant, royal grant, or right whatsoever, that is to fay, at the borough of Cambridge aforefaid, in the faid county, in contempt of our faid lord the king, to the great damage and prejudice of his royal prerogative, and alfo against his crown and dignity; whereupon the faid coroner and attorney of our faid lord the king, for our faid lord the king prayeth the confideration of the court here in the premises, and that due procefs of law may be awarded against him the faid Samuel Francis in this behalf, to make him answer to our faid lord the king, and fhew by what warrant or authority he claimeth to have, ufe, and enjoy the office, liberties, privileges, and franchifes aforefaid; wherefore the fheriff of the faid county of Cambridge was commanded that he should not forbear by reafon of any liberty in his bailiwick, but that he should caufe him to come to answer to our faid lord the king touching and concerning the premises aforefaid: And now, that is to fay, 1ft plea, that fix on Friday next after the morrow of the Holy Trinity, before voted on each our prefent fovereign lord the king, at Weftminfter, cometh fide, defendant the aforefaid S. F. by A. B. his clerk in court, and having had cafting vote according to heard the faid information, complains that he is by colour custom, where. thereof grievously vexed and difquieted, and this unjustly, be- by, &c. caufe protesting that the faid information and the matters therein contained are not fufficient in law, to which faid information the faid S. is not bound by the law of the land to answer; yet for plea in this behalf the faid Samuel fays, that true it is that the faid borough of C. in the faid county of C. now is, and for the space of twenty years laft paft and upwards hath been an ancient borough, and that the mayor, bailiffs, and burgeffes of

the