11. Presentment by a judge.

Nottinghamshire. Be it remembered, that at the assizes and general session of oyer and terminer of our lord the king, holden at Nottingham in and for the county of Nottingham on Thursday, the 15th day of March in the thirty second year of the reign of our sovereign lord George the 3d king of Great Britain, &c. before the right honourable Sir James Eyre, knight, lord chief baron of our lord the king of his court of exchequer; the honourable Sir Alexander Thomson, knight, one of the barons of our said lord the king of the same court, and others their fellows, justices of our said lord the king appointed to take and hold the said assizes in and for the said county, and also to hear and determine all treasons, murders, felonies, and other misdemeanours committed within the same county; I the said Sir Alexander Thomson, by virtue of and pursuant to the power and authority given me in and by an act of parliament made and passed in the 13th year of our said lord the king, intitled, "an act to explain, "amend, and reduce into one act of parliament, the sta"tutes now in being for the amendment and preservation "of the public highways within that part of Great Bri"tain called England, and for other purposes," do upon my own view this day taken present, that from the time whereof the memory of man is not to the contrary, there was and yet is a certain common and ancient king's highway, leading from in the county of towards and unto Nottingham in the used for all the liege subjects of our said lord the king, with their horses, coaches, carts, and carriages, to go, return, pass, and repass at their will and pleasure, and that a certain part of the king's common highway, situate, lying, and being in the parish of in the said county of Nottingham to wit &c. was, and yet is very ruinous, miry, deep, broken, and in great decay for want of due reparation and amendment, of the same, so that the liege subjects of our said lord the king through the same way with their horses, coaches, carts, and carriages, could not, nor yet can go, return, pass, and repass as they ought, and were wont to do, to the great damage and common nuisance of all the liege subjects of our said lord the king, through the same highway, going, returning, passing, and repassing, and against the peace of our said lord the king, his crown, and dignity; and that the inhabitants of the said parish of in the said

county of Nottingham, the said common highway so as aforesaid in decay, ought to repair and amend, and still of right ought to repair and amend when and so often as it shall be necessary, in testimony whereof, I, the said Sir Alexander Thomson, have to these presents set my hand and seal, this fifteenth day of March, one thousand seven hundred and ninety-two.

Alexander Thomson (L. S.)

12. Indictment for levying public war against the king, by riotously assembling, armed with offensive weapons.

Middlesex, to wit. The jurors for our lord the king upon heir oath present, that G. G. late of the parish of Saint Mary le Bonne, otherwise Mary bone, in the county of Middlesex, esquire, commonly called Lord G. G. being a subject of our said sovereign lord George the third, by the grace of God of (t) Great Britain, France, and Ireland, king, defender of the faith, not having the fear of God before his eyes (u), nor weighing the duty of his allegiance, but being moved and seduced by the instigation of the devil, and entirely withdrawing the love and true and due obedience which every subject of our said sovereign lord the king should, and of right ought to, bear towards our said present sovereign lord the king, and (x) wickedly devising and intending to disturb the peace and public tranquillity of this kingdom, on the second (y) day of June, in the twentieth year of the reign of our said sovereign lord the now king, at the parish of Saint Margaret, within the liberty of Westminster, in the said county of Middlesex, unlawfully, maliciously, and traitorously (2) did compass, imagine, and intend to raise and levy war, insurrection, and rebellion against our said lord the king, within this kingdom of Great Britain; and in order to fulfil and bring to effect the said traitorous compassings, imaginations, and intentions of him the said G. G. he the said G. G. afterwards, that is to say, on the said second day of June, in the twentieth year aforesaid, with force and arms, &c. at the said parish of Saint

.

(t) The present style is, "of the united kingdom of Great Britain and Ireland king, defender of the faith."

(u) These allegations are not material.

(x) These allegations do not appear to be material.

(y) The precise day is not essential, see p. 61, 62, (z) See p. 75.

Margaret, within the liberty of Westminster, in the said county of Middlesex,* with a great multitude of persons, whose names are at present unknown to the jurors aforesaid, to a great number, to wit, to the number of five hundred persons and upwards, armed and arrayed in a warlike manner, that is to say, with colours flying, and with swords, clubs, bludgeons, staves, and other weapons, as well offensive as defensive, being then and there unlawfully, maliciously, and traitorously assembled and gathered together against our said present sovereign lord the king, most wickedly, maliciously, and traitorously did ordain, prepare, and levy public war against our said lord the king, his supreme and undoubted lord, contrary to the duty of his allegiance (a), against the peace of our said lord the king, his crown, and dignity, and also against the form of the statute in such case made and provided. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said G. G. being a subject of our said sovereign lord the king; not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and entirely withdrawing the love and true and due obedience which every subject of our said sovereign lord the king should, and of right ought to bear towards our said present sovereign lord the king, and wickedly devising and intending to disturb the peace and public tranquillity of this kingdom, afterwards, to wit, on the said second day of June, in the twentieth year of the reign of our said sovereign lord the now king, and on divers other days and times between that day and the tenth day of the same month of June, at the said parish of Saint Margaret, within the liberty of Westminster, in the said county of Middlesex, unlawfully, maliciously, and traitorously did compass, imagine, and intend to raise and levy war, insurrection, and rebellion, against our said lord the king, within this kingdom of Great Britain; and in order to fulfil and bring to effect the said last-mentioned traitorous compassings, imaginations, and intentions, of him the said G. G. he the said G. G. on the said second day of June, in the twentieth year aforesaid, and on divers other days and times between that day and the tenth day of the same month of June, with force and arms, &c. at the

(a) It is unnecessary to lay the offence to have been committed against the defendant's

duty of natural allegiance, see p. 75, and Cranburn's case, St. Tr. 8 Will. 3.

said parish of Saint Margaret, within the liberty of Westminster, in the said county of Middlesex. (Then proceed as in the first count, from the asterisk.)

13. An indictment of high treason for coining shillings.

(Commencement as in pr. 1.) Twenty pieces of false, feigned, and counterfeit money and coin, of pewter, lead, tin, and other mixt metals, to the likeness and similitude of the good, legal, and current money and silver coin of our said lord the king of this realm, called shillings, then and there falsely, deceitfully, feloniously, and traitorously did forge, counterfeit, and coin, against the duty of his allegiance, against the peace, &c. and against the form, &c.

14. Indictment of high treason for having instruments for coining in custody (b).

That A. B. late of, &c. labourer, and C. D. late of, &c. labourer, not (c) being persons employed, and neither of them being a person employed, in or for the mint or mints of our said lord the king, in the tower of London or elsewhere, and for the use and service of the said mints only, and not being persons lawfully authorized, and neither of them being lawfully authorized, by the lords commissioners of the treasury, or lord high treasurer of England for the time being, on, &c. with force and arms, at, &c. one pair of (d) moulds made of chalk (each of which said moulds would then make and impress (e) the figure, resemblance, and similitude of one of the sides of the lawful silver coin of this kingdom called sixpences) without any lawful authority or sufficient excuse for that purpose, knowingly and traitorously* had in the custody and possession of them the said A. B. and C. D. at, &c. against the duty of their allegiance, against the peace, &c. and also against the form of the statute, &c.

(b) The having a mould in possession is within the statute, since it is comprehended in the words or other tool or instrument before mentioned. Lennard's case, Leach, 105.

(c) As to the necessity of these allegations, see p. 171, 172.

(d) See note (b).

(e) See Lennard's case, Leach, 105.

15. Indictment for hiding and concealing coining-tools.

As in the above indictment, to the*, in the dwellinghouse of E. F. situate at the parish aforefaid, in the county aforesaid, did hide and conceal, against the duty of their allegiance, against the peace, &c. and also against the form of the statute, &c.

By stat. 8 & 9 W. 3. c. 26. s. 1. it is enacted, That no smith, engraver, founder, or other person or persons whatsoever (other than and except the persons employed, or to be employed in or for his majesty's mint or mints, in the tower of London or elsewhere, and for the use and service of the said mints only, or persons lawfully authorized by the lords commissioners of the treasury, or lord high treasurer of England, for the time being), shall knowingly make or mend, or begin or proceed to make or mend, or assist in the making or mending of any puncheon, counter-puncheon, matrix, stamp, dye, pattern, or mould, of steel, iron, silver, or other metal or metals, or of spaud or fine founder's earth, or sand, or of any other materials whatsoever, in or upon which there shall be, or be made or impressed, or which will make or impress, the figure, stamp, resemblance, or similitude of both or either of the sides or flats of any gold or silver coin current within this kingdom; nor shall knowingly make or mend, or begin or proceed to make or mend, or assist in the making or mending, of any edger or edging-tool, instrument, or engine, not of common use in any trade, but contrived for making of money round the edges with letters, grainings, or other marks or figures resembling those on the edges of money coined in his majesty's mint, nor any press for coinage, nor any cutting-engine, for cutting round blanks by force of a screw out of flatted bars of gold, silver, or other metal; nor shall knowingly buy or sell, hide or conceal, or, without lawful authority or sufficient excuse for that purpose, knowingly have in his her, or their houses, custody, or possession, any such puncheon, counter-puncheon, matrix, stamp, dye (f), edger, cutting-engine, or other tool or instrument before

(f) See an indictment against two persons for having a dye in their custody, for the purpose

of coining shillings, Cro. C. C. 111. 8th edit.