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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A64051 Two presentments of the grand jury in Bristol at the general quarter-sessions of the peace, holden there in October, 1681. England and Wales. Court of Quarter Sessions of the Peace (Bristol). Grand Jury. 1681 (1681) Wing T3529; ESTC R29039 6,107 8

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Grand-Jury AT ANOTHER ADJOURNMENT OF THE COURT Viz. The Twenty fourth day of October 1681. To the Right Worshipful Thomas Earle Esq Mayor of this City c. The Humble Presemment of the Grand Inquest WE The Grand Jurors for the Body of this City and County c. Having drawn up our former Presentment with intention to have given it into the Court on a former Adjournment since which time some New Matter being come to our Knowledge which we cannot without apparent Violation of our Trust neglect to bring before your Worships do make bold farther to Present And we do therefore Present That the Court of Oyer and Terminer and General Goal-delivery held for this City and County being Lawfully called upon the eighteenth day of this instant October The Wilful Departure of Sir Robert Atkins our Recorder from the said Court and thereby annihilating the same his Presence being essential to the Constitution thereof after the Grand Jury were Sworn the Justices on the Bench the appearance of Prosecutors and Witnesses in several Notorious Murders and Felonies attending and the Bills of Indictment against some of them viz. One against Nicholas Butler for Felony and Burglary another against Francis Warden for Felony and Burglary and another against Elizabeth Windgett for Murdering her Bastard Child being by the said Grand-Jury found and ready to be delivered into Court The Sheriffs ready attending with their Goal and the Prisoners at the Bar waiting their Deliverance is a most Unpresidented denyal of Justice and a most Unwarrantable and Arbitrary Proceeding In comparison whereof the so much complained of Discharge of a Grand-Jury in Middlesex some time since before their usual time of being Discharged there being only a possibility the Bills might be preferred to them And the Court continued still to be a Court and to do Justice without them is not so much as to be mentioned or thought of This necessarily tending to the Impunity of Notorious Offenders besides other Mischiefs as the Prosecutors and Witnesses being Discharged of their Recognizances by the Discontinuance of the Court The Offenders continued in Gaol without Prosecution His Majesties Gracious Charter to this City by which the said Court is Granted beyond expression Affronted The Mayor and Aldermen his Majesties Justices of the Peace openly Contemned The Honour and Justice of this City greatly Disparaged and his own Unfaithful Execution of his Office as Notoriously Betrayed and made Publick And it is our Opinion that his endeavouring to avoid the Swearing of Sir Richard Hart an Alderman is not only an Aggravation of this Offence but another denyal of discharging his Duty For he the said Sir Richard Hart being by the said Sir Robert Atkins himself together with the Mayor and Court of Aldermen Nemine Contradicente Legally and Duly Elected the Swearing of him became a Duty Executive i● the Mayor and Recorder the Arbitrary part of it being determined by the Election For should it be in the Power of the Mayor or Recorder or both to refuse Swearing as Alderman duly Elected the very Constitution of Aldermen on which the Justice of this City doth principally depend as it is prescribed in our Charter would necessarily be Destroyed and the whole Power of making Aldermen be virtually devolved into the Mayor and Recorder alone Wherefore we make it our humble Request that either by Complaint to the Kings most Sacred Majesty or by Displacing the said Sir Robert Atins or by such other Methods of Proceedings as to your Worships shall seem most Fitting and Effectual we may be Redressed for this present Grievance and be secured for the Future against such Failure of Justice and Arbitrary Proceedings within this City God Save the King James Millerd John Hollister Nicholas Standfast Joseph Bullock Samuel Rogers Jasper Caus. Francis Fisher Scarborow Chapman John Mathew William Jones Thomas Davidg Francis Ballard John Bachellor John Estwick John England FINIS