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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B02599 The case of Mr. Wynne, against Capell, Swaine and Price, petitioners. Wynne, Mr.; Capell, John.; Swaine, Robert.; Price, John. 1690 (1690) Wing C959B; ESTC R176223 1,464 1

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The CASE of Mr. WYNNE AGAINST Capell Swaine and Price PETITIONERS John Capell THE 24th of March 1688 9 he delivered me at Hampton-Court an Information of his own Hand-Writing which I delivered the same Day to the Right Honourable the Earl of Shrewsbury Some Days after Capell ask'd me for some Money to defray his Charges back to Windsor But I not complying with his Desire he hath ever since Published That I had Suppressed Treasonable Informations calling me Traytor c. Whereupon I was advised to take my Remedy at Law against him and complaining to the Bench of Justices of the Peace in Middlesex for being Scandalized in my Office obtain'd a Bench-Warrant against the said Capell upon the 29th of August 1689. Being taken in November he appeared according to his Recognizance at Hicks-Hall on the 16th of December being the last Day of the Sessions I desired he might be continued till the next Sessions for that I had fresh and further Informations against him and objecting against his Bail viz. John Temple and John Price as being reputed Common Informers and Insolvent the said Capell was Committed for want of Bail and not for the Reasons suggested to the Honourable House of Commons as by the Votes of the 17th of December Robert Swaine He and another brought before me in August 1689 one White alias Grey a suspected Popish Priest White alledged he was a Minister of the Church of England but could not produce to me his Letters of Ordination I told him That I must then commit him to Jail he replied He had been taken up already by the same Warrant and by the same Persons about a Month before and stood Bound over to the next Sessions before two other Justices of the Peace as by the Recognizance will appear So that I directed them to apply to the same Justices again if they had any thing further to say against him Swaine has ever since Published 1. That I had Discharg'd a Popish Priest 2. That I was a Rogue and Ryscal and held Correspondence with the late King James 3. That he had told the King's Majesty how that I had betrayed His Majesty and the Nation by Discovering the Counsels to the late King James c. 4. That before HE and OTHERS would have done with me they would have me in Newgate and used as a Traytor that in the mean time he had got me turn'd out of the Secretary of State 's Office c. As doth appear by several Informations upon Oath Numb 1 2 3 4. Upon which I was also advised to bring my Action at Law against the said Swaine which is now depending John Price One of the Three Petitioners I know not and never had any Discourse with him only in the abovesaid Informations upon Oath the Names of Capell Swaine and Price with some other English and Irish Men are mentioned to be a Gang that drive on the Trade of Common Informers and such as Conspir'd together to do me Mischief That Capell is such appears by his having followed no other Trade since March last and being Committed the 16th of December for want of Bail declared It would be a Job worth to him 20 l. As by Affidavit upon Oath Numb 9. That he Lodged at a Papists House and protected Papists by pretending to be one of the Kings Messengers And took Money of Papists to excuse them from being taken up Numb 10. 11. Swaine That he took Money of People he seized upon pretence of High Treason without shewing any Warrant or using any Legal Officer as by Affidavits upon Oath Numb 4 5 7 8 11. That he prosecuted one some years ago for speaking Seditious Words against the late King James and offer'd to Compound for a Treat and some Money and for a Guinea to get the Indictment found Ignoramus Numb 8. Price That he often pass'd for one of the Kings Messengers appears by the abovesaid Affidavits upon Oath Numb 5 6 7 11. which are against him and Swaine jointly And that he and his Gang pretending they were the Kings Officers Riffled Houses without either Warrant or Constable taking away several Books and other Things Numb 6. That Capell Swaine and Price are Common Informers