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in his majesty's gaol of Warwick, charged in execution for large debts; and these are further to certify that, at the assizes and general sessions of oyer and terminer holden at the castle of Leicester, on Thursday the 20th day of March, in the 17th year, &c. before the honourable sir George Nares, knt. one of the justices of his majesty's court of common pleas, and others his fellows, justices assigned to inquire of all treasons, murders, felonies, misdemeanours, and offences whatsoever, committed within the county aforesaid, and also to hear and determine the same, the above-named L. P. and S. P. although solemnly called three times to bring forth the body of the said Thomas Hall, did not appear, but made default, whereby the said recognizance became forfeited, and was by the court and justices last above-mentioned (on motion of counsel for the prosecution) ordered to be [* 481] estreated into his majesty's* court of exchequer, and the same was estreated accordingly, and no further proceedings have since been had therein. Dated this 14th day of Nov. 1777.

Clerk of as

nesses for

nesses for

feited. (t)

To the right honourable sir Thomas Parker, knt. &c. size certifi- These are humbly to certify, that at the assizes and genecate that wit-ral sessions of oyer and terminer, and general gaol delivery prosecution held at Oakham, in and for the county of Rutland, on Weddid not ap. nesday, the 4th day of March, last past, before the honourapear, where ble Sir Richard Aston, knt. one of the justices of our lord by defendant acquitted, the king, assigned to hold pleas before the king himself and and recogni. other justices of our said lord the king, appointed to deliver zance of wit- the gaol of the said county of Rutland, of the prisoners therein being; and also to hear and determine of all treasons, murders, felonies, and misdemeanours, committed within the same county, Charles Trimnell, then clerk, and yet being one of his majesty's justices of the peace for the said county of Rutland, did certify and return the three several recognizances within mentioned, of Wm. Hubbard the elder, Wm. Hubbard the younger, and Thomas Hubbard, in the penalty of 501. each for their respective personal appearance at the same assizes and general sessions of gaol delivery, namely, the said Wm. Hubbard the elder to prosecute, and the said Wm. Hubbard the younger and Thomas Hubbard, to give evidence against Richard Atkinson a prisoner, then in the gaol for the said county of Rutland, for felony and burglary. And these are further to certify, that the said Wm. Hubbard the elder, Wm. Hubbard the younger, and T. H. did prefer, and cause to be preferred at the same assizes and general sessions of gaof delivery, a bill of indictment against the said Richard Atkinson, for felony and burglary by him committed in the dwelling-house of him the

(t) From Mr. Nicholl's MS. 97.

said W. H. the elder, at Langham, in the said county, which bill of indictment was, by the grand jury then sworn and charged to enquire for our said lord the king, for the body of the county aforesaid, returned a true bill; but the said W. H. the elder, W. H. the younger, and T. H. did afterwards, at the same assizes and general sessions of gaol delivery, neglect to attend, according to the tenor of their said recognizance, and give evidence to the court and jury, sworn on the trial of the said Richard Atkinson on the indictment aforesaid, although they were each three times severally solemnly called upon so to do, whereby the said Richard Atkinson was acquitted and discharged of the felony and burglary aforesaid, and the said several recognizances became forfeited for their neglect in so doing, and the same were ordered to be (and were accordingly) estreated into his majesty's court [* 482] of exchequer. Dated this 20th day of July, 1770.

Clerk of as

fendant did

came forfeit

To the right honourable sir Thomas Parker, knt. &c. These are humbly to certify, that at the assizes and gene-size certifi ral gaol delivery, holden at the castle of Leicester, in the cate that de county of Leicester, on Friday, the 17th day of March, in not appear to the 22d year of the reign of the late sovereign lord George take his trial the 2d, king of Great Britain, &c. before sir Thomas Birch, for a misde knt. then one of the justices of our said lord the king, of meanour, the court of common pleas, and others, his fellows, justices recognizance whereby his of our said lord the king, appointed to deliver the gaol of which had the said county of Leicester, of the prisoners therein being, been once and also to hear and determine of all treasons, murders, fe- respited be. lonies, and misdemeanours, committed within the same coun- ed. (u) ty, Thomas Pochin and Wm. Wright, Esq. then being two of his majesty's justices of the peace for the said county of Leicester, did certify and return the recognizance within mentioned, of Thomas Upton of Whitwick, in the said county, coal-carrier, in the penalty of 201. for his personal appearance at the said assizes, to answer what should be then and there objected against him concerning his entering with others in a riotous manner on a certain warren called Tin Meadow warren, in the said county; which said recognizance was, by the court and justices above named, respited until the then next assizes to be holden for the said county; at which said next assizes and general gaol delivery holden at the castle of Leicester, in the said county of Leicester, on Wednesday, the 26th day of July, in the 23d year of the reign of the late sovereign lord George the 2d, king of Great Britain, &c. before sir Martin Wright, knt. then one of the justices of the said late lord the king, assigned to hold pleas before the king himself; sir Michael Foster, knt. one other of the justices of the said lord the king, as

(u) From Mr. Nicholl's MS. 95.

signed to hold pleas before the king himself, and others their fellows, justices appointed to hold the assizes for the said county of Leicester, and also to hear and determine of all treasons, murders, felonies, and misdemeanours, committed within the same county. The above mentioned recognizance of the said Thomas Upton, was, by the court and justices last above named, further respited, until the then next assizes and general gaol delivery, to be holden for the said county of Leicester, at which said next assizes and general gaol delivery, holden at the castle of Leicester, in and for the said county of Leicester, on Friday, the 30th day of March, in the 23d year of the reign of the said late lord George the 2d, king of Great Britain, &c. before Edward Cline, Esq. [* 483] then one of the barons of the* exchequer of the said late lord the king, and others his fellows, justices appointed to hold the assizes for the said county of Leicester, and also to hear and determine all treasons, murders, felonies, and other misdemeanours committed in the said county, the said Thomas Upton did not appear, but made default, whereby the said recognizance became forfeited, and ordered to be estreated, and the same was accordingly estreated into his majesty's court of exchequer. And I do hereby further certify, that no bill of indictment whatsoever was at any or either of the above mentioned assizes, preferred against the said Thomas Upton, dated this day of April, 1771. Certificate of To the right honourable sir John Skynner, knt. lord chief baron of his majesty's court of exchequer, and the rest of the barons of that honourable court.

non appear.

ance of prosecutor to prosecute,

I hereby humbly certify, that at the assizes and general whereby his gaol delivery abovementioned, Samuel Streete Perkins, esrecognizance became for quire, then one of his majesty's justices of the peace for the feited.(x) county of Leicester, did certify the recognizance above specified, taken before him on the 10th day of June, in the year aforesaid, conditioned for the said Joseph Turnell's personal appearance at the next assizes and general delivery, to be holden for the said county of Leicester, then and there to prefer a bill of indictment against Samuel Newberry, in a case of felony, and give evidence concerning the same; at which assizes and general gaol delivery abovementioned, the said Joseph Turnell did not prefer any bill of indictment against the said Samuel Newberry, whereby the said recognizance became forfeited, and was by order of the court above named accordingly estreated into his majesty's court of exchequer. Given under my hand, this 6th day of May, 1780.

A similar certificate. (y)

To the right honourable sir John Skinner, knight, &c.
I hereby humbly certify, that at the assizes and general

(x) From Mr. Nicholl's MS. 93. (y) From Mr. Nicholl's MS. 93.

gaol delivery abovementioned, Miller Sadler, esq. then and yet one of his majesty's justices of the peace for the county of Warwick, did certify the recognizance above specified, taken before him on the nineteenth day of April, in the year of our Lord 1779, conditioned for the said William Tovey's personal appearance at the next general assizes and gaol delivery to be held at Warwick, in and for the county of Warwick, to prefer a bill of indictment against Joshua Weston, late of the city and county of the city of Litchfield, for feloniously uttering and publishing in the parish of Sutton Coldfield, in the said county of Warwick, on the twenty-third day of March, 1778, a certain bill of exchange as a true bill, he well knowing [* 484] the same to be forged and counterfeited, with intent to defraud the said William Tovey, and give evidence concerning the same, at which assizes and general gaol delivery abovementioned the said William Tovey did not appear, and prefer any bill of indictment against the said Joseph Weston, according to the condition of the said recognizance, whereby the said recognizance became forfeited, and was by order of the court and justices above named accordingly estreated into his majesty's court of exchequer, as appears by the records in my office, given under my hand the twenty-first day of April, in the year of our Lord, 1780.

Clerk of assizes cer

tificate of

recognizance

To the right honourable sir John Skynner, knight, &c. I hereby humbly certify, that at the assizes and general non appearsession of oyer and terminer and gaol delivery, held at ance of Warwick, in the county of Warwick abovementioned, Fran- defendant cis Stratford, esquire, then one of his majesty's justices of whereby his the peace for the county of Warwick, did certify on the forfeited. () said thirty-first day of March, before sir Sydney Stafford Smythe, knight, then one of the barons of his majesty's court of exchequer, the recognizance above specified taken before him on the twenty-ninth day of October, in the thirty-second year of the reign of his late majesty, king George the 2d, and in the year of our Lord, 1758, conditioned for the said Richard Cotchit's personal appearance at the then next assizes to be holden at Warwick, in and for the said county, then and there to answer to an indictment to be preferred against him by James Ball, game-keeper to sir Roger Newdigate, of Arbury, baronet, for an assault and battery on the said James Ball, and not depart without leave of the court, at which assizes and general sessions of oyer and terminer and gaol delivery abovementioned the said Richard Cotchit did not appear to answer, but made default though solemnly called according to the condition of the said recognizance, whereby the said recognizance became forfeited, and was by an order of the court accordingly estreated into his majesty's (z) From Mr. Nicholl's MS. 96. VOL. IV.

Crim. Law.

3 M

Form of estreat from assizes. (a)

court of exchequer; and I do hereby further certify, that it appears that at the same assizes a bill of indictment was preferred by the said James Ball against Charles Sidwell, John Sidwell, Mary Sidwell, and Mary Sidwell the younger, and Richard Cotchit, by the name and addition of Richard Cotchit, of Chivers Coton, yeoman, for an assault, and that the same was found a true bill, and that at the same assizes the said Charles Sidwell, John Sidwell, Mary Sidwell, and Ma[* 485] ry Sidwell the younger, appeared* and pleaded guilty to the same indictment, and were fined one shilling each, and were discharged; and that it does not appear that the said Richard Cotchit has ever appeared or answered to the said indictment, given under my hand this fourth day of May, 1780. Northamptonshire. An estreat of all fines, issues, amerciaments, and recognizances, set and forfeited to our lord the king, at Northampton, in and for the county of Northampton, on Tuesday the 19th day of July, in the nineteenth year of the reign of our sovereign lord George the third, king of Great Britain, &c. before the honourable sir Henry Gould, knight, one of the justices of our said lord the king, of his court of common pleas, the honourable sir Beaumont Hotham, knight, one of the barons of our said lord the king of his court of exchequer, and others their fellows, justices of our said lord the king, assigned to inquire of all treasons, felonies, and other offences committed within the county aforesaid, and also to hear and determine the same, and also before the same justices assigned to deliver the gaol for the said county of Northampton of the prisoners therein being.

Of Rogers Parker, esq. sheriff of the said county, for a fine of 3 shillings and fourpence set on John Gibbons, late of the parish of Blakesley, in the county aforesaid, labourer, for a felony whereof he was indicted and convicted, and which he paid to the said sheriff in

court

Of the same sheriff, for the fine of three shillings and fourpence set on William Seear, late of the hamlet of Lower Boddington, in the county aforesaid, farmer. for a nuisance there, whereof he was indicted and convicted, and which he paid to the said sheriff in

court

Of John Turman, of Saint Martins in Peterboborough, yeoman and juryman, proved to be

(a) From Mr. Nicholl's MS. next form and notes. 1123 Ante 1 vol. 816. See

£. S. d.

0 3 4

0 3 4

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