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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A94843 The tryal of John Foster, for stealing a mag pye. Foster, John, fl. 1693, defendant. 1693 (1693) Wing T2191; ESTC R226755 5,222 4

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THE TRYAL OF JOHN FOSTER for Stealing a Mag pye The Tryal of John Foster a private Centinel at Justice-hall in the Old-Bayly in London on Thursday the Fifth Day of June Anno Dom. 1693. And in the Fifth Year of Their Majesties Reign c. For Felony in Stealing a certain Live Bird called or known by the Name of a Magpye and a Cage at the Parish of New Brandford in the County of Middlesex THE Court being set and Proclamation made for silence as is usual the Court proceeded as followeth Clerk of the Crown Keeper of Newgate bring the Body of John Foster to the Bar which was done John Foster hold up thy Hand which he did thou standest Indicted for Felony by the Name of John Foster of the Parish of Hanwell in the County of Middlesex Labourer as in the Indictment is set forth c. What sayest thou John Foster Art thou Guilty of this Felony whereof thou standest Indicted or Not Guilty Foster Not Guilty my Lord. Clerk of the Crown Culprit How will you be Try'd Foster By God and my Countrey Clerk of the Crown God send you a good Deliverance After which the Prisoner was taken from the Bar and within a little time after that he was set to the Bar again by Order of Court c. Clerk of the Crown Cryer make Proclamation Cryer O yes if any one can inform Their Majesties the King and Queen's Justices Their Serjeant Their Attorney before this Inquest be taken between our Sovereign Lord and Lady the King and Queen and the Prisoner at the Bar of any Felonies Treasons or Misprision of Treason let them come forth and they shall be heard God save King William and Queen Mary Court Amen Clerk of the Crown You the Prisoner at the Bar these Men that you shall hear call'd and personally do appear are to pass between our Sovereign Lord and Lady the King and Queen and you upon Trial of your Life and Death if you will challenge them or any of them your time is to speak to them as they come to the Book to be Sworn and before they be Sworn The Prisoner made no Exceptions and the Jurors Sworn to Try the Issue are these Gentlemen whose Names follow who were called over and appeared every one at the first Call JURORS Matthias Cupper Crisp Grange John Hynde Robert Hynde Paul Winkle William Webb Henry Cripps Charles Longland John Holding Robert Longland Francis Barry Emanuel Davis Clerk of the Crown Cryer count these Cryer One two three c. Twelve good Men and true stand together and hear your Evidence Clerk of the Crown John Foster hold up thy Hand which he did Gentlemen of the Jury and you that are Sworn look upon the Prisoner and hearken to his Cause he stands Indicted by the Name of John Foster of the Parish of Hanwell in the County of Middlesex Labourer for that he the 14th day of May in the Fifth Year of the Reign of our Sovereign Lord and L●dy the King and Queen with Force and Arms at the Pa●●●● aforesaid in the County aforesaid one Bird called a Mag●●e value Two-pence and one Bird-Cage value Four-pence 〈◊〉 Goods and Chattels of one Robert Connisbey Gent. then and t●ere being found Feloniously he did steal take and bear away against the Peace of our Sovereign Lord and Lady the King and Queen Their Crown and Dignity c. To this Indictment he hath pleaded Not Guilty and for his Tryal he hath put himself upon God and his Countrey which Countrey you are your Business is to enquire whether he be Guilty or Not Guilty if you find him Guilty you are to enquire of his Goods and Chattels and whether he fled for it if you find him Not Guilty nor that he did fly for it say so and no more and hear your Evidence Cryer Call Robert Connisbey and Richard Searing who appeared in Court and were Sworn and Mr. Connisbey stood up Court Come Sir what have you to say against the Prisoner at the Bar about a Mag-pye that you lost Mr. Connisbey My Lord I lost a Mag pye and a Cage the 14th of May last it was taken from my Door off the Hook that it hung upon b●● truly my Lord I can't say the Prisoner at the Bar stole it from me Court What made you bring him here then It is a very small inconsiderable Business to put a Man into Newgate for Mr. Connisbey My Lord it was none of my doings it was the Justice of Peace his fault that committed him I was unwilling he should go to Prison I am sorry it happened so my Lord. Court What is the Justice of Peace his Name Mr. Connisbey His Name is Hawley my Lord. Court Pray where does he Live Mr. Connisbey At New Brandford Court He was but a foolish man for his pains to commit a poor Fellow to Goal for such a silly trifling business as this is he had better have sent him to his Captain and let him run the Gantlet c. Have you any other Witness Sir Mr. Connisbey I have no more but the Constable that took the Prisoner Court Took him d' ye call it why surely you had no great difficulty about the taking of him he was not in such fear as to run away for a Mag-pye however we will hear the Constable Clerk of the Crown Stand up Mr. Constable which he did Court Is the Constable Sworn Mr. Constable Yes my Lord I am Sworn Court Come Mr. Constable what say you to the matter Do you know the Prisoner at the Bar. Mr. Constable Yes my Lord this Gentleman brought me a Warrant from Mr. Justice Hawley against the Prisoner at the Bar and I serv'd it upon him at his Quarters at Old Brandford where I found the Cage and a Mag-pye and I took them and the Prisoner and carried them before Mr. Justice Hawley and his Worship was pleased to commit the Fellow to Prison Court Poor Fellow Friend how long hast thou been in Prison Foster Almost three Weeks my Lord and I have endured a great deal of hardship and many a hungry Belly I am sure God help me I am very poor my Lord. Court Hark you Mr. Connisbey pray what did the worthy Justice of Peace bid you do with the Mag-pye after he had committed the Prisoner Mr. Connisbey My Lord he order'd me to keep the Mag-pye and the Cage safe till the Bishop of London's Bayliff came for it it being a Waife he said it was forfeited to the Lord of the Mannor at which the Court laughed heartily Court Pray Mr. Connisbey what was your Mag-pye worth and your Cage was it a Wyer-Cage Mr. Connisbey Worth my Lord I do not know well what it was worth about a Groat or Sixpence as the Indictment sets forth the Cage was a Twiggen Cage Court Fie fie a silly business a wise Justice indeed he deserves to be committed himself till he learns more wit have you done for the King and Queen Mr.