THE TRIAL OF JOHN FOSTER, for Stealing a Madge pie.  
The Trial 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 Majesty's Reign, etc. For Felony, in Stealing a certain Live Bird called or known by the Name of a Magpie, 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, etc. 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 Tried?  Foster. 
By God and my Country.  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, etc.  Clerk of the Crown. 
Cryer make Proclamation.  Cryer. 
O yes, if any one can inform Their Majesties the King and Queen's Justices, Their Sergeant, 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 called, 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.  
Mathias Copper.  
Crisp Grange.  
John Hind.  
Robert Hind.  
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, etc. 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 Twopences, and one Birdcage value Fourpences, 〈◊〉 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, etc. To this Indictment he hath pleaded Not Guilty, and for his Trial he hath put himself upon God and his Country, which Country you are; your Business is to inquire whether he be Guilty or Not Guilty; if you find him Guilty, you are to inquire 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 Magpie that you lost?  Mr. Connisbey. 
My Lord, I lost a Madge pie 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 do, 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 Gauntlet, etc. 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 Magpie; 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 served it upon him at his Quarters at Old Brandford, where I found the Cage and a Magpie, 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 Magpie after he had committed the Prisoner?  Mr. Connisbey. 
My Lord, he ordered me to keep the Magpie and the Cage safe till the Bishop of London's Bailiff came for it, it being a Waife, he said it was forfeited to the Lord of the Manor; at which the Court laughed hearty.  Court. 
Pray Mr. Connisbey what was your Magpie 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 Magpie; 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 called 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 restored 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 Magpie 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 Magpie 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 Magpie, than you are to acquit the Prisoner. You had best go over to each other, and consider; you need not give yourselves 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 returned to their Seats; the Court spoke 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?  Foreman. 
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 Magpie 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.   

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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 Roven. With his Learned Commentaries on each Article. Rendered into English by Jos. Walker.  
Sermons preached on Several Occasions. By John Conant, D. D.  
The Righteous Man's Hope at Death: Considered and Improved for the Comfort of Dying Christians, and the Support of Surviving Relations. To which is added Deathbed Reflections, etc. proper for a Righteous Man in his Last Sickness. By Samuel Doolittle.  
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An Answer to the Late King James' 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 James the the IId. to Remount the Throne. And the proper Methods for the Allies to take to hinder both.  
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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 Chapels 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 Supreme 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 Conrade 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 Country to China, together with the Roads and distances of the places.  
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The Life of Lewis of Bourbon, late Prince of Conde. Digested into Annals, with many curious 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 Public, That W. Elmy, Professor of Physic, 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. Who 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 testify. 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.