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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.
Connisby Mr. Connisby I have no more to say my Lord I would not have come here to say this if I could have helped it Court Come Mr. Foster you have heard what hath been sworn against you now make your Defence Mr. Foster My Lord Indeed my Lord I did not steal the Mag-pye there was a man overtook me a Stranger to me in the way between the Two Brandfords and desired me to carry the Bird and the Cage for him which I did and when we came to Old Brandford he desired me to keep it till he call'd for it he went away my Lord but never came any more so my Lord I was loath to kill the Bird and I did not know whose it was if I had I would have restor'd it to the Owner Court A good Defence Look you Gentlemen of the Jury The Prisoner at the Bar John Foster stands indicted of Felony for stealing a Mag-pye and a Cage of the value of 6 d. which is a very inconsiderable value And you have heard the Evidence for the King who told you that the Mag-pye was lost and that it was found upon the Prisoner but Mr. Connisbey does not take upon him to swear that the Prisoner stole it from him and the Prisoner he denies it and tells you That truly he did not take it away but that he had it of a Stranger that he accidentally met withal upon the Road between the Two Brandfords therefore I don't see any colour of Evidence against the Prisoner And I must needs say it was a very simple weak thing done of the Justice of Peace to commit the poor Fellow for such a Trifle I shall leave it to you to consider of the Evidence and if you find him guilty you are to say so but if you think in your Conscience that he did not steal the Mag-pye then you are to acquit the Prisoner You had best go over to each other and consider you need not give your selves the trouble to go out of the Court about such a small indifferent matter as this Then the Jury having considered of their Verdict and being return'd to their Seats the Court spake as followeth Clerk of the Crown Gentlemen of the Jury are you agreed of a Verdict Jury Yes Clerk of the Crown Keeper set John Foster to the Bar which was done Clerk of the Crown John Foster hold up thy hand which he did Gentlemen of the Jury look upon the Prisoner how say you is he guilty of the Felony whereof he stands indicted or not guilty Fore-man Not guilty Court Keeper bring the Prisoner about into the middle of the Court which was done Court Look you Foster because you are a poor man the Court has considered of your Condition and acquitted you of the Fees get you home about your business but have a care how you meet with a Mag-pye again Foster Indeed my Lord I will Pray God bless King William and Queen Mary and all the Honourable Bench. God be with you my Lord. ADVERTISEMENTS Letters of Love and Gallantry And several other Subjects All written by Ladies Vol. I. Printed for S. Briscoe over-against Will 's Coffee house in Russel-street Covent-Garden Geogr●phy Rectified Or A Description of the World in all its Kingdoms Provinces Countries Islands Cities Towns Seas Rivers Bayes Capes Ports Their Ancient and Present Names Inhabitants Scituations Histories Customs Governments c. As also their Commodities Coins Weights and Measures compared with those at London Illustrated with Seventy eight Maps The Third Edition Enlarged To which is added a Compleat Geographical Index to the whole Alphabetically digested The whole Work performed according to the more Accurate Observations and Discoveries of Modern Authors By Robert Morden Conformity of the Ecclesiastical Discipline of the Reformed Churches of France with that of the Primitive Christians Written by M. La Rocque Minister of Quevilly near Rouen With his Learned Commentaries on each Article Render'd into English by Jos Walker Sermons preach'd on Several Occasions By John Conant D. D. The Righteous Man's Hope at Death Consider'd and Improv'd for the Comfort of Dying Christians and the Support of Surviving Relations To which is added Death-Bed Reflections c. proper for a Righteous Man in his Last Sickness By Samuel Doolittle The Mourner's Directory guiding him in the Middle Way betwixt the Two Extreams Defect Excess of Sorrow for his Dead To which is added The Mourner's Soliloquy By Thomas Doolittle M. A. There is in the Press and will be suddenly published a Sermon Entituled The Necessity of an Early Victory over Satan By T. Cruso These Six Printed for Thomas Cockerill at the Three Leggs in the Poultrey An Answer to the Late King James's Last Declaration dated at St. Germains April the 17th S. N. 1693. Memoirs concerning the Campagne of Three Kings William Lewis and James in the Year 1692. With Reflections upon the Great Endeavours of Lewis the 14th to effect his Designs of Jame the the IId to Remount the Throne And the proper Methods for the Allies to take to hinder both Reflections upon the Late Horrid Conspiracy contrived by the French Court to murther His Majesty in Flanders And for which Monsieur Granvall one of the Assassinates was Executed Liturgia Tigurina Or The Book of Common Prayers and Administration of the Sacraments and other Ecclesiastical Rites and Ceremonies usually practised and solemnly performed in all the Churches and Chappels of the City and Canton of Zurick in Switzerland and in some other Adjacent Countries as by their Canons and Ecclesiastical Laws they are Appointed and as by the Supream Power of the Right Honourable the Senate of Zurick they are Authorised Established and Commanded With the Orders of that Church Faithfully translated out of the Helvetian into the English Tongue by John Conrad Werndly formerly Minister of the French and Dutch Congregation of Santoff in the Isle of Axholme in the County of Lincoln And now Minister of Wraisbury cum Langley in the County of Bucks Travels into divers parts of Europe and Asia undertaken by the French King's Order to discover a new Way by Land into China containing many curious Remarks in Natural Philosophy Geography Hydrography and History Together with a Description of Great Tartary and of the different People who inhabit there Done out of French To which is added A Supplement extracted from Hakluyt and Purchas giving an account of several Journeys over Land from Russia Persia and the Moguls Countrey to China together with the Roads and distances of the places An Account of the late Terrible Earthquake in Sicily with most of its Particulars Done from the Italian Copy printed at Rome The Life of Lewis of Bourbon late Prince of Conde Digested into Annals with many curions Remarks on the Transactions of Europe for these last 60 Years Done out of French These Seven Printed for Richard Baldwin These are to give notice to all Persons for the benefit of the Publick That W. Elmy Professor of Physick and Operator of known Integrity and above 25 Years Practice liveth at the Blue Ball in Whale-Bone-Court at the lower end of Bartholomew-Lane by the Royal-Exchange VVho most safely and expeditiously cures Deafness and Noise in the Ears in any of what Age soever if curable and at first sight by inspection resolves the Patient if so or not as most eminent Persons of Quality in this City can testifie I have Remedies ready prepared for the preservation of the Hearing in those who through some great defects in the Sounding Membrane and other Impediments in the Auditory Passages are not perfectly curable which Remedies preserves them from ever growing worse and improves their Hearing to Old Age. That you may not mistake and go to a false Pretender my House is at the Blue-Ball as aforesaid you may see it as you come into the Court. LONDON Printed for Richard Baldwin near the Oxford Arms in Warwick Lane 1693.