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Digitized by the Internet Archive 
 
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 IVIicrosoft Corporation 
 
 http://www.archive.org/details/diaryofmrjusticeOOrokerich 
 

 TH'fA^S 
 
 THE DIARY 
 
 OF 
 
 W- JUSTICE ROKEBY. 
 
 PRINTED FROM A MS. 
 IN THE POSSESSION OF SIR HENRY PEEK, Bart. 
 
 Privately Printed. 
 
LONDON : 
 WYMAN AND SONS, PKINTERS, GREAT QUEEN STREET, 
 
 Lincoln's- INN fields, w.c. 
 

 PREFACE. 
 
 rjlHE MS. from whicli this book has been printed is the Diary of Mr. Justice 
 .Rokeby. It is bound in leather, and the date 1688 is stamped on the 
 back, as are also the letters AA under the date. These letters are evident 
 proof of the existence at one time of more MSS. of this eminent Judge. It 
 contains ninety-four leaves, the numbering of which commences on the third 
 leaf. The two metal clasps which once kept it closed have been broken off. 
 On the front cover the date 1 Mar., 1688, and the signature, Thomas 
 Eokeby, are written, as is also the entry as given p. 1. 
 
 Thomas Uokeby, the writer of this MS., was the second son of Thomas 
 Rokeby, of Sandal, Yorkshire, and a memoir of him, containing his journal, 
 &c., will be found printed in the publication of the Surtees Society for 1861, 
 ably edited by Canon Eaine. He was born in 1631 or 1632. On 20th June, 
 1646, he was admitted a pensioner at Catherine Hall, Cambridge. In 
 January, 1649-50, he became a B.A. At Christmas, 1650, he was made a 
 Fellow of his College. The following extract from the Book of Admissions 
 of Gray's Inn, vol. II., p. 1,051, shows the date at which he entered that 
 Society : — 
 
 Decimo septimo die Maii, 1650. 
 
 I. g. A, 
 
 Sot. 3.6.8. Thomas Rokeby filius secundus Thomse Rokeby de 
 Burnby in Com York Armig Admiss est in societatem 
 huius hospitij die et ano sup^dict. 
 
 THO: BRICKENDEK 
 
 After he was called to the bar he seems to have passed a considerable 
 portion of each year in chambers at Gray's Inn. His country residence when 
 
 . 131 
 
IV PEEFAOB. 
 
 term was over was at York. He married Ursula, daughter of James 
 Danby, of Newbuilding, Thirsk. He was the principal adviser of the Non- 
 conformists in the North of England and took a leading part in the movement 
 in favour of the Prince of Orange. 
 
 ' The entries made on the cover, the first leaf, and the first twenty pages 
 were made before he was raised to the Bench, which took place on the 
 8th of May, 1689,* when he was placed in the Common Pleas, whence he 
 was removed, 25th October, 1695,t to the King's Bench, where he remained 
 till his death on 26th November, 1699. He was buried at Sandal, near 
 Doncaster. 
 
 Full particulars as to his family, &c., have already been printed in the 
 publication of the Surtees Society which has been before referred to. 
 
 WILLIAM BOYD, 
 
 12, Sloane Terrace ^ Shane Street, 
 November, 16th, 1887. London, S.W. 
 
 Facsimile of Signature 
 
 * Vide Patent Roll, 1 William and Mary, Part 3 (24). 
 t Vide Patent RoU, 7 William III., Part 4 (26). 
 
On the front inside cover. 
 
 A A 
 
 1: Mar: 88: 
 
 6. Aug. 88. ret. p "Wade & Dixon v' Hilton 
 
 On the first fly-leaf. 
 
 Ebor: Ass: 8: Mar: 8f: 
 
 Justices of Assize Just. Lutwicli & Baron Tho. Powell 
 
 Ebor: Ass: 28. July: 88 
 
 Just^ of Assize Ld. Ch: J: Wright & Just: Jennor 
 
 On the back of the first fly-leaf. 
 
 Ebor: Ass: 8. Mar. 8| 
 City, tryed: 12: 
 County entred: 151 
 tryed 103 
 {injpencil) Ebor: Ass: 28. July: 88 
 City tryed: 10 
 County entred: 159 
 tryed: 120 
 
A. A. 
 8 Mar: 8| 
 Arnold & Johnson, p. q. 2.* 
 Acklam & Cross, p. d. l.t 
 
 28 July, 88. 
 Adams & Welfitt p. d. 1. 
 Atkinson & Hunter, p« q* 
 
 2 B. B. 
 
 Barber v^ Tomson, Constable et at. p. q: r: 1. 
 
 8 Mar. 87. 
 Birkby v^ Errick et at. p. d: «2. 
 Idem & Exley, p. d. 1. 
 Birtby & Hicks, p. d. 1. 
 5 Apr. 88, ret.J p- Bullock v^ Clerk: r. 
 
 24 July, 88, Blakiston & Wolfe, p. q: r. 
 
 25 Jul: Bell & Robinson p. q. r. 1. 
 
 Baines & Bel wood, p. d. -J, 1, & J. 
 Bentley & Hillary, p q: r: r: 
 
 28 July, 88. 
 Bamforth & Eyre, p. q: 1. 
 Burman & Plant, p. q. 1. 
 Breares & Cloudesly, p. q. 1. 
 Bernard & Wilkinson, p. d. 1. 
 
 * p. q. 2=pro querente. 2 [guineas]. f p. d. l.=pro defendente. 1 [guinea], 
 
 J ret. = retained. 
 
3 
 
 Barber & Hogg, p. q. 1. 
 Boothman & Dixon, p. q. 1. 
 Belwood & Donford, p. q. 1. 
 
 C. c. a 
 
 8 Mar 87. 
 Currer & Green, p. q. 2. 
 Carter & ux v^ Palliser et at. p. q. 1. 
 Carver & Savile, p. q. 2. 
 Close & Gilling, p. d. 1. 
 31 Mar 88 ret. p. Fran. Cooper v^ Rich. Blyth, pr. terrs. in West- 
 
 Cottinwith. ■ 
 
 28 July, 88. 
 Catlin & Peirson, p. q. 2. 
 Carter & Hunton, p. d. 
 2 Feb: 88: Cambell & Atkinson, Ejec. p d. ret. p M' Ridsdale. 
 
 4 D. D. 
 
 8 Mar 87. 
 Danby & Gilling, p. d: 2 Mar: 87. 
 Dawes & Swinburn, p. d. 1. 
 Dowker & Micklethwait, p. q. 1. 
 
 28: July: 88. 
 Dawes & Swinburn, p d. 1. 
 Daniell & Thompson et at. p d. 2. 
 Dixon & Hitch, p q. 2. 
 
 E. E. . 5 
 
 28 July: 88. 
 Ellis & Penyman, p. d. 1^. 
 Elcock & Easby, p. q. 1. 
 
4 
 
 S F. F. 
 
 Fairfax dns* v^ Emerson et at. p q. r. 1. 5 Mar. 
 
 8 Mar: 87. 
 Fosf & Bird et at. p. d. l. d. 1. 
 Frogmorton & Hodgson, p. d. 1. 
 Fox & Huby, p. q. 2. 
 1 Nov: 88 Feilding & Baldero, p. d. 
 
 G. G. 
 
 Gordon & Peiiyman, p. d. r. 6 Mar. 
 Gamble & Calvert, p. d. 1. 
 
 t H. H. 
 
 8: Mar: 87. 
 Halliday & Ingleby, p. q. 2. 
 Hesslerig et at. v^ Episc : Durha et at. p. q. 4. 
 Hebden & Overton, p. q. 2. 
 Hardwick & Yoward, p. d. 1. 
 Horsley & Wilkinson, p. Deft. 1. 
 Haugb & Moore, p. q. 1. 
 Hodgson & Maddison, p. q. 2. 
 Hirst & Duffeild, p. q. 2. 
 Heslerig et at. r* Episc: Durha et at. p. q. ^1 2^'. 
 
 28 July, 88. 
 Hagg & Wild, p. q. 2. 
 Hall & Birkhead, p. q. ^1. 
 Holdgate & Gar ton, p. q. 1. 
 Helper & Thompson p. q. 1. 
 Hesslegrave & Peirson, p. d. 1. 
 
 * Dominus. 
 
Hobson & Winpeiiy, p. d. 2. 
 Headly & Atkinson, p. q. ^1. 
 Sept: 4: 88, ret. p heires att Law of M' Harrison of Cayton. 
 Harpar & Paul, p. d. 
 
 J. J. 9 
 
 8 Mar 87. 
 lies & Laycock, p. d. 1. 
 
 28 July: 88. 
 Jackson & Bagwith, p. q. ^1. 
 Jackson &' Norfolk, p. d. 
 
 10 K. K. 
 
 Y* King v^ Northrideing, p. d. r. 2 : 2 Mar: 87. 
 Y"^ King v^ Winard, p. d. r"": 6 Mar. 
 Knight & Wilson, p. d. r. 1. 7 Mar. 
 
 8 Mar: 87. 
 
 28 July, 88. 
 Y® King & Peacock, p. q. 
 
 L. L. 11 
 
 8 Mar 87. 
 Lodge et at. v^ Bayock, p. d. r': 6 Mar. 
 Lavender & Crooke, p. q. 1. 1. 
 17 May, 88, ret. p. Geo: Lofthouse v^ Ric"^ Lofthouse. 
 24 July, 88, Lemair & Tomlinson, p. d. r' ^1. 
 
 28 July, 88. 
 Lavander & Barrowes, p. d. 1. 
 Laler & Pick, p. d. 
 
12 . M. M. 
 
 8 Mar 8|. 
 Morram & Thompson, p. d. 1. 
 
 28 July: 88. 
 Mould & Wharton, p. q. 1. 
 Mare & Cudworth, p. d. 1. 
 Maud & Noble, p. q. 1. 
 Mountain & Robinson, p. d. 1. 
 Middleton & Watson, p. d. 1. 
 Marshall & Yavasour et al. p. q. 2. 
 6 Sept: 88, ret. p. M'' Jo: More of Austrop, in omnibus. 
 
 N. N. U 
 
 8 Mar 8|. 
 Nisbett & Carter, p. q. 1. 
 24 July 88, Nisbet & Carter, p. q: r: 
 
 28 July, 88. 
 Noble & Maud, p. d. - 
 
 Nettleton & Haigh, p. q. 
 
 14 O. O. 
 
 28 July, 88. 
 Osberton & Wilkinson, p. q. 1, 
 Gates & Dun, p. d. 2. 
 
 P. R 15 
 
 9 July, 88, PoUiser v^ Hund. Bulmer, p. q. r. 
 19 July, 88, Pinder & Andrew, p. q. 
 21 July, 88, Precious & Jackson, ret. p. d. r. 
 
28 July, 88. 
 Pape & Johnson, p. q. ret. l. d. 
 Phipps & Caley, p. d. 2. 
 
 16 R. R. 
 
 8 Mar 8|. 
 Root & O^uy, p. q — 1: Scott. 
 Rawlinson & Tankred: 2: Ridsd^* 
 Robinson & Savile, p. q. 2. 
 
 28 July, 88 
 
 S. S. 17 
 
 Snawdon & Gilling, p. d. r. 2 Mar 87. 
 
 Shuttleworth v' Scott et at. p. q. r. 5 Mar. 
 8 Mar 87. 
 
 Sinclar & Wiley, p. q. 2. 
 
 Swallow & Wheateley, p. q. 1. 
 
 Smith & Yescy, p. q. 2. 
 27 July Shuttleworth & Scott, p. q. r. 
 
 Smith & Watter, p. d. ^. 
 28 July, 88. 
 
 Stafford & Hutchinson, p. d. 1. 1. 
 
 Shirt & Swift et at. p. d. 2. 
 
 Shaw & Williamson, p. d. 1. 
 
 Smith & Morland, p. q. n. 
 
 Stephenson & Chappelow, p. q. 2. 
 
 Spark & Empson, p. q. 
 
 Shuttleworth & Nicolls, p. q. ^1. 
 
 Seaton & Horncastle, p. q. 
 20 Sept. 88 ret. p M^ T. Langley, p. Hen. Stapilton ads. Sand", s^ 
 
 demise Jo: Stap. 
 
8 
 
 18 T T 
 
 Thompson & Stubley, p. q. ^^ 
 8 Mar 87. 
 
 Towars & Gilling, p. d. 2. 
 
 Throckmorton & Heaton, p. d. 2. 
 27 July, 88 ret. p. Tomlinson ads. Ingleby. 
 
 28 July, 88. 
 
 Thompson & Stapilton, p. d. 2. 
 
 Tucker & Clayton, p. d. 1. 
 
 Thruston & Kirton, p. d. 1. 
 
 Tranholme & Glover, p. d. 1. 
 
 Tomson & Stocks, p. q. 2. 
 23 Oct. 88 Thorpe & Erapson, ret. p. q. r. 
 
 U. U. 19 
 
 28 July, 88. 
 Vavasour & Hungate, p. d. 2* 1, 1. 
 
 20 W. W. 
 
 Wright & Wyvill, p. q. instr ^"2. 7 Mar. 
 Wilkinson & Tyson, p. d. instr: 2. 7 Mar. 
 Wharton & Armitage, p. q. r. 
 
 8 Mar. 87. 
 Wharton & Crosby, p. q. 2. 
 Wood & Legard, p. d. 1. 
 Williamson & Lowthrop, p. q. 1. 
 Ward V* Baxter et at. p. q. 2. 
 Woolfgange & White, p. d. 1. 
 Wilkinson & Bernard, p. q. 1. 
 Wells & Thompson, p. d. 2. 
 
9 
 
 Wisker & Milson, p. q. 1. 
 Wrightson & Hardcastle, p. q. 1. 
 Apr. 5, 88 ret. p. M" Walkr v^ Hickson in Dowr. 
 
 28 July, 88. 
 Wallis & Robinson, p. d. r. 1. 
 Wrangham & Heslop, p. d. 1. 
 Woodhead & Bayley, p. q. 2*. 
 "Wilkinson & Bernard, p. d. 
 Waddington & Hey, p. d. 
 "Wilson & Wyrley, p. q. 
 ret. p. "Wade & Dixon v* Hitch. 
 15 Apr. 89 p. "Woods v' "Wainwright. 
 
 ♦ 
 
 Sumer circnit, 93, "Western circ*. 21 
 
 "Winchestr causes entred 26. tryed — 23 
 Salisbury causes entred 
 Dorchestr causes entred 
 Lancestor causes entred 
 Exoii. Ch. Bar. entred 
 Just. Rokeby entred 
 Devonshire entred 
 Somersetsh : Wells, ent. 
 BristoU, Ld. Ch : Bar : ent 18. 
 
 Tot : entred : 334. tryed: 268 
 In y* whole circuit 
 
 Ld. Ch. Baron Entred 171: & tryed 139 
 
 Just. R. Entred 163: & tryed 129 
 
 334: 268 
 
 Page 22 blanh. 
 
 31: 
 
 tryed- 
 
 -26 
 
 25 
 
 tryed- 
 
 -22 
 
 55. 
 
 tryed- 
 
 -45 
 
 12. 
 
 tryed- 
 
 -11 
 
 8. 
 
 tryed- 
 
 - 7 
 
 90 : 
 
 tryed- 
 
 -65 
 
 69 : 
 
 tryed- 
 
 -51 
 
 18. 
 
 tryed— 
 
 -18 
 
10 
 
 July: 89: " 23 
 
 8: fine s' cone. Lond: Rich: Taylor & Ann his wife of 2 houses in Lond. 
 
 for 500 y". 
 Mids: fine Rich. Taylor Ann ux. & Ric. T. jun. to Wm. Tempest & 
 
 Rob: Fowle. 
 Ebor: fine Jo: Fran : & Tho : Wildbore to Rob* Saintclare, Mano'" of 
 
 Knottingley &c. 
 10: fine from Hendrick & ux to Smith of Mess" in S* Andrews Holborn, 
 
 Midds. 
 3: Line. Fine from Tho. Halcher et ux to Fran : Halcher of Lands &c. 
 
 in Carby &c. 
 16: Fran : Stephens admitted guardian to Sarah Birch. 
 
 Pages 24, 25, 26, blanh. 
 
 27 
 
 The 1'* circuit after I was a Judge was sumer 1689 : & I was to 
 have gone y'' Midland Circuit w*^ Baron Nevile, but was Stayed in Towne 
 to attend y^ Parliam* : 
 
 The times were thus : — 
 
 Tuesday July 9, att Northampton, 
 friday July 12, att Okeham. 
 Monday July 15, att Lincolne. 
 Thursday July 18, att Nottingham. 
 Monday July 22, att Derby. 
 Wednesday July 24, att Leicester. - 
 Saturday July 27, att Coventry. 
 eodem die att "Warwick. 
 The Judges hired a Coach betwixt them, y^ costs of w'^'' & housekeeping, 
 for my share thereof above all profits w*"^ came in throughout y* circuit 
 was about 17 ti. 
 
11 
 
 Page 28 blanh. 
 
 29 
 
 The 2^ circuit Lent 16f§ Oxfordshire, I & Justice Eyre were to goe 
 y* circuit y* times were 
 
 Monday Mar: 3: Reading for Berkshire. 
 
 "Wednesday Mar: 5: Oxford. 
 
 Saturday Mar: 8: Worcester. 
 
 "Wednesday Mar: 12: Stafford. 
 
 Saturday Mar: 15: Salop. 
 
 Friday Mar: 21: Hereford. 
 
 Wednesday Mar: 26: Monmouth. 
 
 Saturday Mar: 29: Glocester. 
 I went onely to Reading & Oxford, & then y^ King's pleasure was 
 signifyed to me to returne to London, & Just: Byre went y® rest of y" 
 circuit alone, we had hired a Coach betwixt us, but Just: Eyre refusing 
 to take it along w*"* him, I came home in it, & after y* circuit was over, 
 y* ace*' were stated, & Just Eyre demanded that I should pay halfe of 
 y* charges of his own Saddle horse, & of his clerk of y* chamber, & of 
 his groome and Sumpter, I thought it was not reasonable, but upon his 
 pposal, I referred it to Just: Powell & Just: Yentris who Judged it ag* 
 me : & I was out of purse this circuit : 19 H: & above. 
 
 Page 30 blank. 
 
 3* Circuit, Sumer. 1690. 31 
 
 The Lord Ch: Just: Holt & my selfe went y® home circuit, it was 
 
 appointed att 1'* to begin in July about y^ usuall time af* y® terme, & 
 
 soe were all y® oth' circuits, & accordingly were set up in y^ Hall 
 
 Westm' & published in y^ Grazetts ; but y^ French fleet comeing upon y* 
 
12 
 
 English coasts, y Queen by proclamation, 19 July 90, published an 
 alteration of y® Circuits by wh"*" y^ dayes for y^ home circuit were 
 
 Hertf. Monday 1st Sept. att Hertford. 
 
 Essex Wednesday 3 Sept. att Chelmsford. 
 
 Surry Monday 8 Sept. att Kingston upon Thames. 
 
 Sussex Thursday 11 Sept. att Horsham. 
 
 Kent Tuesday 16 Sept. att Maidston. 
 
 I hired two horses & a Coach this circuit & put my own horses to 
 y® wheele, & my charges in this circuit was above 25 H. 
 
 Page 32 blank. 
 
 u 
 
 4>'^ Circuit, Lent 169f 33 
 
 When y" Judges chose their circuits in Hillary Terme there were 
 4 Judges chose their own Country circuits, viz. L* Ch J. Pollexfen, Ld 
 Ch. Baron Atkins, Baron Lechmere & Just Ventris this made a great 
 noise, & y^ Com" of the Great Scale tooke this occasion to find fault w*** 
 y® Judges choice, desiring by it (as y** Judges suspected) that they might 
 have y* alteration of y' circuits att their pleasure, & this was supposed to 
 be done principally by y* Ld Com' Trevor who was now made a Privy 
 Councellor. 
 
 Y' Queen had signed y^ fiat for y* Judges comissions according to 
 their own first choice, but by reason of s' Jo: Trevors complaint y* he 
 ought not to scale comissions to -them to goe their own country circuits, 
 y® Judges (by y' Queen's directions) altered their choice among themselves, 
 w*^ alteration was carryed to y^ Queen by my L^ C^. Just : Holt, & aP 
 she had approved it, it was sent by her to him ag'', & not to y® Lds 
 Com" of y^ great Scale, nor they did not meddle in making any alteration, 
 but y* Ch: J: sent y' fiat to the clerk of y** Crown, to make out, y"* 
 Comissions. 
 
13 
 
 34 Lent 1690; 4*'' circuit. 
 
 This time my L^ Ch : Just : Holt & my selfe went y* Norfolk 
 circuit, y* days for w'^ were 
 
 Bucks, Thursday 12 Mar. att Aylesbury. 
 
 Bedford, Saturday 14 Mar. Bedford. 
 
 Hunt : Wednesday 18 Mar. Huntington. 
 
 Canteb. Thursday 19 Mar. Cambridge. 
 
 Norfolk, Monday 23 Mar. Thetford. 
 
 Suffolk, Thursday 26 Mar. Bury S* Edmonds. 
 
 I hired a coach & 4 horses to my selfe this circuit, & took my 
 
 chamb"" clerk (York Homer) in y' coach w*'* me, & hired a horse for 
 
 Jo : to carry a portmantle, & I was out of purse this circuit in y* whole 
 
 about 34 H. 35 
 
 The matters hapening in this 4'^'^ circuit were not minded in due time 
 to be set down. 
 36 b'"" circuit Sumer 1691. 
 
 Just : Gregory & I went y^ Western circuit. The times were 
 Southapt* Wednesday July 22, att Winchestr 
 Wilts, Saturday 25 July, att New Sarum 
 Dorset, Thursday 30 July, att Dorchester ^^ 
 
 Cornwall, Wednesday Aug. 5, att Launceston 
 City of Exon, Monday Aug. 10, att Gruildhall, Exon 
 Devonshire, eodein die, att y® Castle of Exon 
 Somerset, Tuesday Aug. 18, att Wells 
 City of BristoU, Saturday Aug. 22, att Guildhal 
 I hired, a Coach & four horses to my selfe this circuit, & tooke my 
 chamber clerk in y^ coach w**" me, & hired a horse to carry my portmantle, 
 & I was out of purse this circuit in y® whole about 1 3 li. 
 
 Sarum. 37 
 
 Ejectm* in*' Oakeapple & Beach for y^ Rectory of Orchesto S' 
 George upon y® demise of Tho. Curganven, clerk. 
 
14 
 
 J" lessors title was by reason of y* deprivation of y* def by act 
 of Part: for omitting to take y® oaths to y* K. & Q. 
 
 The def insisted that y^ lessor's Induction was not good, bee. y° 
 Archdeacon's Mandate to doe it, was directed omnibus clericis et liter atis 
 infra archidiaconatu, &c., & y* clerk who gave y* induction was not of 
 his archdeaconry, & I doubting whether the authority was well executed 
 in this respect, reserved this matter as a point to considr att London, 
 but y^ pit. had a verdict for all, subject to a rule of Co'* to consider of 
 that point. 
 
 V. Chris. Dean's case Noy. 134* & from him D' Godolf: 280,t 
 repert. Canonicu. y* y® Authority was well executed: & it was soe 
 adjudged in Collys & Lant's ca: Hill: 6° Jac. rot. 190, B. R. upon a 
 spec. verd. & according to y* judgm* I gave my opin. in this case. 
 
 Page 38 blank. / 
 
 29 July, 91. Saru. 39 & 40 
 
 39 entred. 33 tryed by me. 
 
 Newman & Pinkney ejectm* y pit: made title by a lease for 1000 
 y" from Roger Pinkney y* grandfathr to Rog'. Pinkny a young' son of 
 his, & W"* Pinkny y* lessor is adm' of Rog' y^ lessee, y* lease was dated 
 in March 43: 3 witnesses, none proved him dead or their hands, possession 
 for 40 y'* gone according to y* lease. 
 
 y* proof ag* y^ lease was one witness who swore that aff y^ death 
 of Rog' y® lessee he was called to be an appraiser of his goods, & there 
 was a scriven' one Brown who was imployed to looke into y® writings & 
 af*' search he told Rog' Pinkney he had noe title, & Roger asked him 
 if he could not make one And y' scrivener s^ yes he could make him 
 
 • Reports and cases taken in the time of Queen Elizabeth, King James, and King Charles, 
 collected and reported by that learned Lawyer, William N"oy (Attorney-General). London, 
 A.D. 1656. 4". 709. h. 3. British Museum. 
 
 t Repertorium Canonicum, (kc. By John Godolphin, LL.D. London, A.D. 1687. 8". 
 617. g. 29. British Museum. 
 
15 
 
 a lease for 1000 y"* but y* witness said he expressed Ms dislike of soe 
 wicked a thing & he knows not that any thing was done furtV by Brown 
 but y* witness swore that att a form' Assizes he came w*'' W* Pinkny 
 to y® chamber of one Wicks an attorny att Saru, who then read y" 1000 
 y" lease to y® witness 
 
 anoth"" witness proved y* Wm. Pinkny came to him & showed him 
 a deed to w*''' his name was put as a witn: & inquird of him if y* was 
 hig hand, & he could not say it was 
 
 3^^ deft objected that Wm. Pinkny in yM** inventary of Rog" estate 
 in y® eccles. Co'* omitted this lease & af'wds put it in. 
 
 Jury foiid for deft, ag* y* lease & y« 40 y" posess. 
 
 It was a slend' evidence y* y* lease was forgd Its fitt for a new tryall. 
 
 Jones & Grilmore ca: 41 
 
 For y* pew, verd p q. ag* y" Evid. y" deft proved y' 1** erection 
 
 of it by Phil. E. of Pembr: for y" dowag' of W°^ his eld' bro: who 
 
 was deeply melancholy, it was before that 2 pews for y^ wife's of y® 
 
 copyhold ten*" 
 
 this is very fitt to have a new triall but y^ K's Bench denyed it, 
 
 bee y' dams were but 2**. 
 
 Rumsey & Heme in Trov' for Wood & Timber, a spec. verd. upon 
 
 y® words of a will, whether they give a fee or an estate for life onely, 
 
 I was of opin. it was onely for life: if it be onely an estate for life, 
 
 judgm* must be p. q. 
 
 42 Wells 18 Aug: 91. 
 
 Biggs ag* Stibbs et at. 
 
 debt upon a bond ag* 5 administrators, 3 did not appear, 2 pleaded 
 fully a&iinistred. 
 
 y" ptt: charged y® defts by an inventary exhibited in y" eccles. 
 00** by y^ procter of y* administrators, & a proofe made of y^ comission 
 of y" administration to all y° 5 jointly. 
 
16 
 
 y" deP offered to prove y* y® 3 psons who have not pleaded had 
 got all y' intestates estate into their hands, & y* none of it came to y* 
 2 now defts, and therefore they ought not to be charged, but I was of 
 opin: y* they all taking administration jointly, & exhibiting y' inventary, 
 they are all chargeable to creditors, tho 3 of them onely run away w*^ y^ 
 estate. 
 
 Crofts & Dixon, O.B. 43 
 
 A spect verdict att "Wells, wherein all y* circumstances of a quakera 
 marr was found, & y® q: was whethr this was a good marr. to intitle 
 y* husb: to be ten* by y" Curtesy, & I was clear of opin: y* it was a 
 good marr. 
 
 y^ naturall foundatio of marr: is y* pcreative appitite w** is implanted 
 in us by Grod, y® desire of sexes, w** is y® effect of y* comand & blessing, 
 Increase & multiply. 
 
 y^ regulation of y* appetite, & putting it und' morall rules, was by 
 G's creating one man & one woma, to be mutuall meet helps. 
 
 y® solemne mutuall appropriation of y^ one to y® other by their 
 mutuall consents exclusive of all oth", & consumating y* consent by acts 
 pp. for y* relatio make marriage 
 
 y* essence of w*^*" is y* mutuall consent to take each oth' in y* 
 relation, & ye pformance of conjugall dutys. 
 
 y^ Canons of y* Ch: are but extrinsecall to it. 
 
 44 
 
 M' Clerk y* Lawyer in Somersetshire. 
 
 y' L^ Lieu** powers were executed by coinission to y* Marq. 
 Carmarthen, Earle of Devonshire, Earle of Dorset, & then all y* deputy 
 Leiu*" were put in in Councell, & they acted vigorously ag* y** French in 
 Sumer 90. 
 
17 
 
 Now since y^ D. of Or:* is Lieu*., he hath by misformat. (being a 
 
 stranger) put in oth' men. 
 
 Sir Ed. Pheli: y® monster-children. 
 
 45 
 
 Att y^ Nisi Prius in Midds 30 Nov: 91, before Just. Powell & 
 my selfe. 
 
 Boddington & oth", adm" of — Boone, were pits, ag* Tho. Sadler in 
 an ac. of debt upon a bond of 500 li. entred into by y* de" & 4 oth" to 
 y* intestate. 
 
 Upon n e factu ' pleaded 
 
 a spec. verd. was found y* y^ def* and 4 oth" sealed y^ 
 bond in wh"^ they were jointly and severally bound to y® intestate y* 
 before y* plea pleaded a mouse eat off ye seales of two of y^ obligors, but 
 y" oth' 3 (of w"^ y^ deP [s^c] is one) doe still remain on, & y** quest, 
 was whether it was his deed or not: 
 
 I inclined to thinke it is still his deed, for it still remains y^ joint & 
 severall obligation of 3, & y* def might have been charged w*^ y^ whole, 
 when there were 5 obligors, & may still be soe. v. 5, Co., 22, 119, 
 Dy 59,$ 2 Bulst, 247.§ March: 95. 
 
 Page 46 blanh. 47 
 
 Sixth circuit. Lent 169^. Home circuit. 
 
 Just: Dolben & Just: Rokeby. Y^ times were 
 
 Hartford, Thursday Mar. 3, att Hatford. 
 
 Essex, Monday Mar. 7, att Chelmsford. 
 
 Surrey, Thursday Mar. 10, att Southwarke. 
 
 Kent, Monday Mar. 14, att Maidston. 
 
 Sussex, Friday Mar. 18, att Horsham. 
 
 * James, second Duke of Ormond, t ^^^ est factum. 
 
 J Les Reports des divers select Matters, &c., King Henry VIII. By Sir James Dyer, Lord 
 Chief Justice, &c. London, A.D. 1688. Folio. 19. e. 10. British Museum. 
 
 § The Reports of E. B. in the time of the late reign of K. James, &c. 3 parts. By 
 Edward Bulstrode. London, 1657. Folio. 510. k. British Museum. 
 
18 
 
 I hired a coach & four horses to myselfe this circuit, & tooke my 
 chamber clerk in y' coach w*^ me, & y" casuall pfits to y* Judges bore y' 
 charges of o' housekeeping & jorneys, except my coach-hire, w"^ cost me 
 to Mr. Earle 13 li. 10s., & my Groom's horse-hire & charges about 2 H. 10s. 
 
 48 " , 
 
 Att Hertford Just, Dolben entred 7 causes & tryed them all. 
 
 George Hadley, Esq", Sheriff. I tryed M'. Benj. Cranmer upon two 
 indictm*' — 1st, for drinking y^ late K. Jar's health ; y^ 2* for words, y* 
 they can never make K: Wm. lawfull heire of y^ crown. They turned 
 K. Ja: shamefully out, & he swore by God he was for K. Ja., he being 
 convicted upon both, I fined him 20, nobles upon y® first, & 20 markes 
 upon y* 2*, he being very poor; & I bound him to his good behaviour. 
 
 I condemned one Robber on y® highway for 2 severall robberys on 
 foot. 
 
 49 
 Att Chelmsford I entred 31 causes, & tryed 24, but y^ Sheriff" had 
 returnd 73 venires. Edw: Ford, Esq., Sheriff. 
 
 Wharton & Lisle, Trov' for flax. Spec. verd. Y® Pit. is impropriator, 
 & y^ deft vicar of Thorpe. Y" \. was wheth"^ Flax-tyth were small tythes 
 or not, being sown upon 26 acres of land formerly arrable, y* whole 
 parish being 1500 acres. 
 
 Oliv"' & Carcass eject: to try y^ title of S' Charles Terrill, Governor 
 of y* free school in' Chelmsford. There was a gen. rule between Oliv' & 
 Blewet {y casuall ejector) y* Carcass should be made def* & should 
 confess lease entre Sf ouster generally. Then there was a spec, rule y* y^ 
 def should not be pjudiced by y* confessio to admitt y^ governor's title ; 
 but this being intituled a rule between Oliv' & Blewet, y* pit. would 
 not admitt it as made between y^ now ptys. Y^ deft offered to confess 
 it if y" pi. T;\«uld name y^ governor, w*"^ he refused to doe, & soe y" 
 deft refused to confess, & y^ pi. was nsuit for that cause. 
 
19 
 
 60 
 
 Surrey. Just: Dolben entred 20 causes & tryed 20. 
 
 Geo. Atwood, Esq., Sheriff. 
 
 M'. Abell, undersheriff. I condemned two men for burglarys, but 
 att y** intercession of y® jury of life & death, I reprieved one for 
 transportation. 
 
 51 
 
 Kent. Att Maidston I entred 42 causes & tryed 35. 
 
 S' Jo. Marsham, Sheriff. 
 
 M'. Pye, undersheriff. Wintringham & Marsh, ejectm*. Y* q: was 
 upon y® will of y® Lady Cater, whether she was compos mentis or not. 
 Y^ witnesses to y® will were y* Lady Man, M" Kitchell, & y® D'. Jacob, 
 but y* Lady Man did not appear. Yerd. p. q. for y^ will. Y® onely land 
 in q. was y" Mano'' of Grove. Y* pit: made title to noe oth' lands by 
 y* fine w** he pduced. 
 
 Y® lands were M'. James's lands who had 3 daugh*" of w*'^ y" Lady 
 Cater was one, & one of them dyed w*^out issue. 
 
 52 Horsham. 
 
 Just. Dolben entred 15 causes and tryed 13. 
 John Newnham, Esq., Sheriff. 
 M'. Shepard, undersheriff. 
 
 Page 63 blank 
 
 54 
 
 My Seventh circuit, Oxford Circuit, Sumer: 1692. Just: Rokeby & 
 Just. Eyre. 
 
 The times were thus 
 
 Berks, Tuesday 28 June, att Abingdon. 
 
 Oxon, Thursday 30 June, att Oxon. 
 
20 
 
 Worcestr, Saturday 2 July, att Worcester. 
 City of Worcestr y^ same day. 
 Stafford, Wednesday 5 July, att Stafford. 
 Salop, Saturday 9 July, att Shrewsbury. 
 Hereford, Thursday 14 July, att Hereford. 
 Monmouth, Monday 18 July, att Monmouth. 
 Glocester, Wednesday July 20, att Glocester. 
 City of Glocester y^ same day. 
 
 I hired a coach & 4 horses to my selfe this circuit, & took my 
 chamber clerk in y^ coach w*^ me, & my coach-hire, & y^ steward's 
 ace** cost me above 32 H. over & besides all y^ circuit pfits, & y® hire 
 & charges of a portmantle horse in y^ circuit cost me above 4 ti. 
 more. 
 
 55 
 I began my jorney into this circuit from London on Monday 27 Ju. 
 92, & bated at Maidenhead, but y^ waters were soe great upon y® road 
 that att Colebrook they came just into y^ body of y^ Coach, and we were 
 forced to boat twice att Maidenhead, & we boated y® coach, & att y* 2* 
 time we boated o'selves, but y^ coach came through y® water, & it came 
 very deep into y^ body of it, & that night we lay att Henley upon 
 Thames, where we were forced to boat y® coach again, & att Henley 
 there came to us two psons from y^ Corporatio of Abingdon, who 
 tooke care to pay all o^ charges there, both for man & Horse. 
 
 Edw. Sherwood, Esq"., Sheriff. 
 M'. Green way, a K's Bench attorney, undersheriff. 
 Here my bro: Eyre entred 16 causes & tryed 15. 
 We lodged at M'. Green's house att Abingdon an old parliam* 
 soldier, a q'^m^ & now a dissenter called a Baptist. 
 
21 
 
 66 V 
 
 Oxford I entred 10 causes & tryed 10. 
 
 Thos. Rowney, Jun., Esq., Sheriff, y' son of an attorney living. 
 M' undersheriff. 
 
 We went from Oxford Friday 1'* July in y^ afternoon & lodged att 
 Stow on y® Woiild in Glocestershire, where there is noe water but what 
 they fetch halfe a mile out of town. 
 
 Saturday, 2^ July, we bated att Parshoar, a place of y^ most beggars 
 & y^ most confident that ever I saw. 
 
 Worcester. 57 
 
 Some pleased w*^ my charge pticularly M'. Walsh, a Just, of P. 
 
 Allen Cliff, Esq., a good Sheriff. M'. Ashley, undersheriff. 
 
 M'. Boweter, y® Sheriff's chaplain preached an honest hearty sermon 
 Lord's day afternoon. 
 
 Good Justs., M'. Walsh, M'. Bromley his son in law, M'. Lechmere. 
 
 We lodged att an ancient attorny's house, M^ CoUings, nere y** 
 Co't. 
 
 D^ Talbot, y^ D., a firme man to y^ Governm*. 
 
 My bro. Eyre entred 21 causes, & tryed 15. 
 
 6 July we went from Worcestr to Wolverhampto, 21 miles & bated, 
 & y* night to Stafford. 
 
 58 
 
 Stafford. I entred 38 causes & tryed 29. Gravenor Dyson, Esq., 
 Sheriff, a ma firm to y^ Governm*, but of small estate, soe we desired 
 him not to invite us (as was usuall), & y® next day afternoon dismiss'd 
 him fi'om attendance on us. 
 
 His bro: was undersheriff. 
 
22 
 
 We lodged att one Barker's, a draper," a poor ma, & very strait 
 lodgeing. 
 
 I tryed 2 or 3 causes of Saturday morning & went out of Town 
 about noon, & came to Shrewsbury betwixt 6 & 7 att nigkt. 
 
 59 
 
 Shrewsbury. Brother Eyre entred 71 causes, tryed 63. Thos. 
 Wingfield, Esq., Sheriff, a Tory, as are a great pt of j° Gentry. 
 
 M^ — Tongue, undersheriff. 
 
 "We lodged at M^ "Woolrich's, an apothecary. Good lodgeings. 
 
 M'. Eowl. Hunt & M'. Corbet, two good Justs, of P., recomended 
 Robt. Clive, Jun., of Stych, to be a Just, of P. to act w*^ S' Jo. Corbett 
 in a hand: where there is great want of Justs. 
 
 S' Jo. Corbet, a firme ma to y^ Governm*, not exact in his moralls. 
 
 Edw: Farmer of Bridgenorth, a parson deprived for refuseing y* 
 oaths, tryed for praying in his own house for y® restoration of y® late 
 K. Jas. Found not guilty. Refused y* oathes & I fined him 20s. for that. 
 
 60 
 
 From Shrewsbury we set out upon "Wednesday noone, & came to 
 Ludlow that night, 20 miles, & on Thursday we came through Leominster 
 to Hereford, 14 miles, & were there by 12 of y® clock. Dinmore Hill 
 bad way. Att Hereford we lodged att M'. "Williams y^ Cler: of y" Peace. 
 Good Lodgeings. Edw: Littleton, Esq., Sheriff, a firme man to y^ Govemm* 
 & a freind to Protestant dissenters. 
 
 A spec. verd. int' Wright and Dunn* y^ pi: brought his ac as 
 schoolm'", but showed not his licence, & I was of opin: to fisuit him, but 
 att Serj* Birch's desire allowed a spec. verd. 
 
 A case wheth' copyhold be w*^in y® Stat: 11 H: 7, C. 20. 
 
 * Dun an infamous man, & a clerke in M'. Tempest's office. 
 
- 23 
 
 Harrington & Smith,* Mes. Rep. 82, 103, 128, 2 Syderf., 41, 42. t 
 
 61 
 
 An information of a riot ag* Hen: Vaughan, Griffin Pain & 19 
 ottrs about y^ Tolls of Radnor faire, a dispute between Stephens & Yaughan 
 about being bailiff of New Radnor, march*^ 36 men from Keinton to 
 Radnor, 4 miles, on Lord's day in y^ afternoon. 
 
 An ejectm* in*' Leake & Price upon y^ will of y^ Lady Price. An 
 ill verd. p. d. 
 
 Att Hereford I entred 38 causes and tryed 35. good Justs., S' 
 Edw. Harley, Capt. Scudamore, Ferd: Grorges, Esq. Y^ B" too favourable 
 to Jacobites, an ill sermon before him att his visitatio. 
 
 Page 62 hlanh. 
 
 Att Monmouth. 63 
 
 John Floyer, Esq., Sheriff. 
 
 We lodged att W, Walt'. Fortunes, Major of Monmouth ; good 
 lodgeing. 
 
 S'. Char. Kemys gave me a buck w*'^ he never used to y^ Judges 
 before. 
 
 Good Justs., M'. Morgan (a man of a great estate), M'. Arnold, 
 Coll. Probert. 
 
 My bro: Eyre entred 14 causes & tryed 13. 
 
 18 we went to Glocestr, & had a very rainy day & a bad jorney for 
 way over over y® forest of Deane & aft'wd in y® lanes. 
 
 64 Gloces*'. 
 
 I entred 43 causes & tryed 39. 
 Sam. Barker, Esq'®, Sheriff, a freind to y® Governm*. 
 
 * The case Harrington & Smith is reported Syderfin, 41, 42. 
 
 f Les Reports des divers special cases . . . adjudged en le court del Bank de Roy, &c. 
 A.D. 1683. Folio. By Thomas Siderfin. 513. 1. 5. British Museum. 
 
24 
 
 M'. Try, undersheriff. 
 
 We lodged att M'. Ludlow's or att M. Bell's, a millener, one of y* 
 Sheriffs of y« City. 
 
 Freinds to their Maj*^", S' Jo: Guise,^ S' Ra: Button, S' Duncomb 
 Colchester, S'' Tho. Stephens. 
 
 M^ Howl. "Wood, a Just, of P., a good man. 
 
 The whole number of causes (besides traverses) entred this circuit 
 was 250, of w'^ I entred 128; & of causes tryed was 219, of w"^ I 
 tryed 113. 
 
 Page 65 blank. 
 66 
 
 My 8*^ circuit was y« Norfolk circuit. Lent 169f. 5*° W. & M. 
 Ld Ch: Just. Holt & my selfe. Y® times thus 
 
 Norfolk, Wednsday 15 Mar: att Thetford. 
 Suffolk, Saturday 25 Mar: att Bury S*. Edmonds. 
 Cambr: Thursday 23 Mar: att Cambridge. 
 Hunt: Saturday 25 Mar: att Huntington. 
 Bedford, Monday 27 Mar: att Bedford. 
 Bucks, Wednesday 29 Mar: att Alesbury. 
 Aft' y® circuits were all setled & y^ terme ended, viz., 25 Feb., 
 there fell a very great Snow w*'^ occasioned y® K. to issue out a proclamatio, 
 2 Mar. 9f, to alter all y* circuits to later dayes, but onely y^ Norfolk 
 & y^ Oxford circuits w''^ continued upon their 1'* appointm*. 
 
 I hired a coach & tooke my chamb' clerke w*^ me in it, & by reason 
 of y® badness of y^ wayes I was forced to take 6 horses & my charges 
 in this circuit for housekeeping & coach-hire cost me out of purse 
 above 52 ti. 
 
 67 
 
 We set forward from London Monday 13 Mar: & came y* night to 
 
 Hockerill, Bishop-Storford, & y next night to Barton Mills, both jomys 
 
25 
 
 w**out any bate, & att Barton Mills tlie undersheriff of Norfolk offered to 
 pay y® reckoning, but we did not accept it. 
 
 68 Thetford, Wednesday, 15 March, 9|. 
 
 John Burkin, Esq'®, Sheriff, a sober & frugall young gent. 
 
 Wm. Davy, undersheriff. 
 
 I sate upon y® nisi Prius & entred 23 causes & tryed 21. 
 
 Page 69 blanh. 
 70 Bury S*. Edmonds, 18: Mar., 9f. 
 
 W" Hainond, Esq., Sheriff, a sober young gent: his father a merch* 
 now living in London, a freind to ptestat. dissenters, he kept a very 
 handsome & generous shirevealty, & gave y^ Judges gloves, tho there 
 was a woma condemnd, and repreived. — Wright, undersheriff. 
 
 My Ld Ch. Just: Entred 47 causes, & tryed 35. 
 
 Cambridge, 23 March, 9|. 71 
 
 Rob^ Swan, Esq., High Sheriff a very old man, and soe his son 
 who had been an attorny officiated in his roome. 
 
 Jjames Robinet, undersheriff. 
 
 I entred 13 causes & try'd them all, one of them a directed issue 
 lasted in tryall ab* 4 houres. 
 
 Huntington, 25 Mar., 93. My Ld Ch. J: entred & tryd 5 causes. 
 I tryed 13 prison". 
 
 The same Sheriff & John Johnson, undersheriff. 
 
 72 Bedford, 27 Mar. 93. 
 
 S' Sain. Thompson, Kn*, High Sheriff. A young' son of his, a 
 Barris*' att law, officiated for him. 
 
 Ambrose Reddall, undersheriff. 
 
 I entred 14 causes & tryed 13. 
 
26 
 
 Ailesbury, 29 Mar., 93. 73 
 
 Fran. Duffeild, Esq., Higli Sheriff a sowre kind of niggardly man, 
 
 & (as I am told) a Tory. 
 Barnwell, undersheriff. 
 My Ld Ch. J: entred 11 causes & tryed 10: I tryed above 20 
 
 indictm*', severall of w"^ were for robberys wherein y^ evidence was long, 
 
 w'** occasioned my stay there a day longer than my Ld Ch: Just, soe that 
 
 I came not home till Saturday y* 1** of Apr., '93. 
 
 74 
 
 In this circuit, my Ld Ch: Justice & I entred 112 causes and 
 
 tryed 96. 
 
 I. Thetford entred 23 tryed 21 
 
 Ld Ch. J. Bury entred 47 tryed 35 
 
 I. Cambridge entred 13 tryed 13 
 
 Ld Ch. Just. Huntingto entrd 5 tryed 5 
 
 I. Bedford entred 14 tryed 13 
 
 L. Ch. Just: Ailsbury entred 11 tryed 10 
 
 Total entred 113 tryed 97 
 Ld Ch. J: entred 63, tryed 50. 
 I entred 50, tryed 47. 
 
 Page 75 blank. 
 
 76 
 
 My ninth circuit was y* Westeme circuit. Sumer 1693. 5^ 
 W. & M: 
 
 Ld Ch: Baron Atkins & my selfe. The times thus 
 
 Hampshire, Teusday 25 July, att Winchestr. 
 
 Town of Southampto, Friday 28 July, att Southampto. 
 
 Wilts, Saturday 29 July, att New Sarum. 
 
27 
 
 Dorset, Wednsday 2 Aug., att Dorchester. 
 
 Cornwall, Tuesday 8 Aug., att Launceston. 
 
 City of Exo., Monday 14 Aug., att Exeter. 
 
 Devonshire, y" same day att Exeter. 
 
 Somersett, "Wednesday 23 Aug., att Wells. 
 
 City of Bristoll, Monday 28 Aug., att Brist. 
 I hired a coach & 4 horses, & took my chamb' clerk in it w*^ me 
 & I was out of purse this circuit above 40 H. in housekeeping, coach, 
 and other exps. 
 
 77 
 
 Monday, 24 July, 93. I set forward from Lond: into this circuit, 
 and call'd of my Ld Ch: Baron att Kensington, & we came to Farnha y* 
 night upon an invitation from y^ B^^ of Winchester, & y® next day we 
 came to Winchester & just as y^ High Sheriff met us, one of the horses 
 in my coach fell down dead. 
 
 Att Winton my Ld Ch: Baron entred 26 causes & tryed 23 ; & I 
 tryed 11 indictm** & 4 traverses. 
 
 Edw. Hooper, Esq., Sheriff. 
 
 M" Good, undersheriff 
 
 28'^ we went to Southampton, & my Ld Ch. Baron never came into 
 Co'* there, but I tryed 2 prison", & allowed one pardon. We had a very 
 handsome entertainm* there att y^ Maiors house (M' Smith) where we lodged 
 one night, & on y^ 29^^ we went to Salisbury, & passed by S'' Jo: S* 
 Barbe's new house att Broadlands nere Rumsey in Hampshire. 
 
 78 Salisbury, 29 July, 93. 
 
 I entred 31 causes & tryed 26. 
 S' Tho. Estcourt, Sheriff. 
 M'. Eyre, und'"sheriff. 
 
28 
 
 Wm. Biss, pL, & Edw. Biss, his brother def*. Chan: issue to try if 
 Edw. Biss, y^ deft seald a deed 3 May, 70, by w'^ pit. claimed 300 ti. 
 A verd. p. q. ill. onely 2 wits to it, a markesman who utterly deuyd 
 it, & Jo. Alford a feind* Co'"* hand, he was a Just's, of Peace clerk, 
 his hand was proved by Hen: Mompesson, Esq. uncle to pi. & def*, by 
 their moth^ who swore y* Tho: Mompess. Esq., his bro. had y® deed 
 above 12 y" in his custody. Rudge sent to inquire in Glocsh: aft' W"" 
 fortune upon his mar. 
 
 For def, a settlement on his marr. with Jane Sims, made Oct: 70: 
 ^th pgj.t8 ijy Qqq^ Biss y^ father y* it was not encumbred. Severall deeds 
 showd of Geo. & Edw. w"'' were not like y^ hands to this deed. This 
 rased in y^ name of W"*. & y^ sum & y^ words, him, & his. Noe 
 pvision made for any oth' of the young' childr. of Geo. & Ellen' Biss, 
 tho they had severall. Noe jointure to Edw's wife tho she bro' 1,000 ti. 
 but they expected 3,000. 
 
 Tremain & Pawlet, serj*., p d. 
 
 Gold serjt. p q. 
 
 79 
 
 The cause of y® Orange Merch** ag* y® Cornish Wreckers for God's 
 goods soe (wickedly) called, high daihs 880 ti. A Trov' continued for 
 2 dayes, & these def ' charged w"' y^ whole tho not proved to be there 
 both dayes. 
 
 Seager & Hopkins ac. S' ca. for libell pclaimed in markets & nailed 
 up publikly on y^ pillery claiming y^ pi. as his wife by a blacksmiths 
 marriage 20s. dams onely ; ill verd. bee. small daiiis. 
 
 80 
 
 2*^ Aug: 93. We went from Salisbury & bated at Blanford, 18 
 miles fro Salisbury att y^ charges of y^ Sheriff of Dorset, & went y* 
 
 * Feijrned. 
 
29 
 
 night 12 or 14 miles mord to Dorchester ; we lodged att M'. Tho. 
 Goulds' of y* house of comons, close lodgeings, & old furniture. 
 
 Jo. Strode Esq., Sheriff. 
 
 M'. Shirley, undersheriff. My Ld. Ch. Baron entred 25 causes & 
 tryed 22. 
 
 Saturday 5*^ Aug. We went from Dorchester to Honiton, very rugged 
 Way, we stayed there Lord's Day, & went on Monday to Crediton & on 
 Tuesday to Lanceston. We were not entertained att Bridport as we use 
 to be but had an ill bate at Charmouth. 
 
 Launceston, 8 Aug., 93. 81 
 
 Hum: Nicolls, Esq., Sheriff. M". Walker Hobbs or John Littleton, 
 und^sheriff. 
 
 I entred 55 causes & tryed 45, & had 2 cognovits. 
 The Sheriff a firm man to y^ governm*. 
 
 82 Att Launceston. 
 
 Attorn. Gen. & Cloberry. One Rich. Moile was outlawed in debt 
 in C: B: for 50 H. ads of one Williams, & a sj)ec. cap. utlagatu transmitted 
 into y^ Excheq^ & by an inquisition taken before y® Sheriff, Moile was 
 found to be possess* of chattells reall & prsonall. Cloberry came into y® 
 Excheq'' & pleaded a conveyance made to him by Moile of lands & goods 
 before y® outlary, & -^^ Attorn. Gen: replyed y* this conveyance was 
 fraudulent, upo w*"^ issue was joined, & was tryed before me 10 Aug: & 
 that night y^ Jury gave a private verd. p d., but y® next morning ^ne of 
 y® Jury disagreed in open Co'^ to that verd. soe I sent them back to 
 consid' of it, but they could not agree of it all that day, w'^ was y® last 
 day of y* Assizes, & soe att night a Juror was w^^'drawn by consent, 
 
 83 
 
 We dispatched all o' business att Launcesto on Friday, 11 Aug: & 
 came on Saturday from thence to Exeter in a day, & were att Exeter by 
 6 of y* clock att night. We bated two houres at Oake-hampton. 
 
30 
 
 84 
 
 M'. Ch'. Savory a man qualifyed to be Sheriff of Devon p S' F: D: 
 
 Tho: Hele, Esq., Sworn J: of P: but acts ag* y* Interest of y* 
 Grovernm*, a Jacobite, & one wbo never observes y® fasts. 
 
 Rowl: Whiddon, debauch'' & unfitt. 
 
 Y^ Grand Jury, maior pt. of y™ not freinds to y^ Governra*, they 
 publikely complaind of M'. Trout, & some of y™ said y' severall psons 
 would not act if he were continued in comission. I demanded a list of y^ 
 names of those who would not act, but they gave me none. 
 
 M^ Trout a freind to y^ Governm*, sober, of an estate above 400 li. 
 p. ail, good understanding, y^ comptt ag* him grounded on a quarrel w*^ 
 M'. Martin ab* assessm*^ Att 1'* backd by M'. Isaac & M.\ Stroud of y** 
 Gr. Jury. All endeav" could not get 12 to psent him. 
 
 Exeter, 14 Aug., 93. 85 
 
 M'. Cook, maior A Tory. 
 
 M'. Periam, Sheriff. 
 
 I entred 8 causes in y^ City & tryed 7. My Ld Ch: Baron entred 
 12 causes, & tryed 11. M'. Prestwood, Sheriff of Devonshire, a drinking 
 Tory. Jo: Etheridge, undersheriff. 
 
 "We lodged att M'. Southmeads, in y® Great Street, a mercer, & a 
 zealous Jacobite. 
 
 Tuesday, 15 Aug. S' Hu : Ackland, M'. Martin, M'. Osborn, & 3 
 
 ot^' Justs came to me to complain y* M'. Abraham Trout of w*^in — 
 
 miles of Exo was lately made a Just: of P : in Devon, who is a pson 
 meane in his extraction, estatf , & qualificat. of understanding for a Just: 
 & disgustfuU both to y^ Justs. & to y^ Country. M'. Nic. Morris saith 
 it is a Tory complaint ag* a "Whigg. 
 
 86 
 
 Thursday, 17 Aug., 93. I went to y^ guild hall of y^ city of Exon 
 to try a woman who was charged w*^ high treason for clipping y^ coine of 
 
31 
 
 y* Kingdom, but y® Grrand Jury indorsd tlie bill Ignoramus, & soe y* 
 woma was discharged by proclamation. Her name was Eliz. Paddy. 
 
 In Devonshire my Ld Ch: Baron entred 90 causes & tryed 65. 
 
 Capt. Hodder att Topsham, an old seaman & firme to y^ Grovemm*. 
 
 Somersetshire. Aug. 23. Wells. 87 
 
 Warwick Bamfeild, Esq., Sheriff. 
 
 John Gifford, undersheriff. 
 
 Jo. Bale, Goaler. 
 
 I entred 69 causes & tryed 51. 
 
 Att y^ Hig-h Sheriff's desire we gave him leave to goe home on 
 Saturday in y^ aPnoon, by reason of his age & infirmitys. My Ld Ch. 
 Baron staid there till Monday 28 Aug., & I stayed till Tuesday 29 Aug., 
 <fc returnd home to Lond ult. Aug. See before page 21 y^ number of 
 causes entred & tryed this whole circuit. 
 
 88 
 
 My tenth circuit was y® Western circuit. Just. Powell & my selfe. 
 Lent 9f , 6" W. & M. 
 
 The times thus 
 Hampshire, Tuesday 6 Mar, att Winchester. 
 Wiltes, Friday 9 Mar, att New Sarum. 
 Dorset, Tuesday 13 Mar, att Dorchester. 
 Cornwall, Munday 10 Mar., att Lanceston. 
 City of Exon, Saturday 24 Mar., att Exeter. 
 Devon y^ same day att y^ Castle of Exeter. 
 Somerset, Monday, 2 Apr., att Taunton. 
 This circuit we were abroad 5 weekes & three dayes in all, & our 
 table, housekeepmg, & travelling (over & above y* givn pvisions & w*^out 
 y' charge of o' horses & coaches) cost us 153 ti. 7s: I hired a Coach 
 
32 
 
 & 4 horses, & took my cliamV clerk in y^ coacli w*'^ me, & I hired a 
 horse to carry my portmantle. I was out of purse this circuit above 
 40 ti. 
 
 Page 89 blank. 
 
 90 
 
 Monday, 5*^ Mar., 9J. My Bro: Powell & I set forward from Londo 
 upon this circuit, & came y* night to Hartley Row, but y* day and y** 
 next day on w*'^ we came to Winchestr were very severe, frosty, windy 
 & snowy dayes. 
 
 Winchestr, 6 Mar., 9f. Anth. Sturt, Esq., Sheriff, but we excused 
 his psonall attendance in regard of his son's & his wife's great indisposition 
 in health, and we allowed a kinsman of his, one — Sturt, to act in his 
 place. 
 
 Arth' Good (or Rich: Good, his fath') und'sheriff, but Rich. Good 
 was also att the time Maior of Winchestr & deputy cler. of y* Peace. 
 
 My bro: Powell Enterd 22 causes, & tryed 18, & I tryed 27 prison" 
 upon 22 indictm*^ 
 
 Salisbury, 9 Mar. 9J. 91 
 
 gr ^m^ Pynsent, Baron*, Sheriff. 
 
 James Townsend, und'^sheriff. I entred 42 causes & tryed 41. 
 
 An accident befell my bro: Powell in y^ trying of his prison, one" 
 of y' Jurymen who were charged w*^ 5 prison" (some of them capitall 
 offendors) left y* Jury & went away, & w" they were call'd over could 
 not be found: & great inquiry was made aft' him, but for severall hours 
 he could not be found, & y^ Judge was forced to Swear anoth' Jury- 
 man & try all y^ prison" over again, & when y^ missing Jury-man was 
 found, y^ Judge fined him 40 ti. 
 
 Pa^e 92 blank. 
 
33 
 
 93 
 
 Dorchester: 13 Mar. 9}. 
 
 *Tho: Cooper, Esq., Sheriff. 
 
 Tho: Cooper, under-sheriff. 
 
 We had a very plentiful! & well orderd diner given us by y" Sheriff 
 att Blanford in o"" way to Dorchestr. 
 
 Att Dorchester M^ Placet who preachd y* assize sermon, reflected 
 upon y* indulgence by Act of Pari: to Protestant dissenters, and s* y' 
 wisdom of y* nation had giv"* every man liberty to spit in y^ face of y" 
 Church, & had taken away all y^ means of correcting strife & envyings 
 in y* Church, & now, 'nil nisi vota swpersunt, w"^ seemed to import y* 
 they (calld y* Church) had nothing now left, but onely their old eager 
 desires [vo^a] of persecution. I tooke notice of y^ offensiveness of this 
 passage, both to y^ Grand Jury in my charge & in my discourse w*'' y" 
 Sheriff, who afterwards told me he w^s much troubled about it. 
 
 94 Dorset. 
 
 Bro: Powell entred 20 causes & tryed 20. 
 
 Cornwall, 19 Mar., 9J. 95 
 
 W" Williams, of Probus, Esq., Sheriff. 
 
 Walker Hobbs, undersheriff. 
 
 M'. Smith, y^ minis** y* preachd, reflected upo y' indulgence, 
 & inveighd ag* y* hypocrisy of them who say y* receiving y^ Sacrament 
 kneeling is sinfull, & yet receive it soe to get into an office or imploym\ 
 I heard y* y* Grand Jury desired him to print his sermon. 
 
 I entred 29 causes, & tryed 28: & had one cognovit. 
 
 * [p. 92.] This High Sheriff is a button mak"^ att Sherburne, & hath got a 
 great estate by y* trade, & still carrys it on, & imploys many hands in it. 
 
 t [p. 92.] I have since y* time heard y* this man is a son of M'. Edw. 
 Place, of Well, in Yorkshire. 
 
 F 
 
34 
 
 Page 96 hlanh. 
 
 Exeter, 24 Mar., 9f. 97 
 
 M'. Gandy a brewer Maior. A Tory Bigot. 
 
 M^ John Burel, an apothecary. Sheriff, a high Churchman. 
 
 Att Exeter Bro: Powell entred 7 causes & tryed 7. I entred & 
 tryed one onely. In Devonsh: he entred 100 causes & tryed 
 
 Devonshire. 
 
 Ch'. Savory, Esq., sheriff, a good man & well affected to y* Governm*. 
 
 Tristram Bondage, undersheriff, a Jacobitish Tory. 
 
 Y^ D. & Chap: of Exeter refused to let M'. Hodder, y" Sheriff's 
 chaplin, preach y^ assize Sermon att y* Cathedrall. They set up anoth' 
 
 one, M^ * Both y^ judges excus* y^ Sheriff from comeing to y* 
 
 Ch: & my bro: Powell alone went thither. 
 
 98 
 
 I had great complaints by severall psons ag* one Tho: Spurway, an 
 attorny, & he was severall times sumon'' to ansV those complaints, but 
 appeard not, an inform' in K. J: 2 time ; a pson of geii: ill fame. On 
 Saturday 31 Mar: ab* 5 of y^ clock in y^ af^'noon he came to me, but 
 then y* psons who petitiond ag* him were gone home as being impatient 
 of staying. 
 
 Taunton, 2 Apr: 94. 99 
 
 I came from Exeter in y^ morning for fear of losing o"" comission, 
 & bro: Powell stayed to try some causes y* were upon his hands but he 
 ended them soe as he came to Taunton about 8 of y^ clock att night. 
 
 We lodged at one M'. Bird's an attorny & Towne Clerke. 
 
 Ro''* Syderfen, Esq., high sheriff, a good man and well affected to 
 the governm*. 
 
 Bicknall, undersheriff. T entred 59 causes & tryed 49. 
 
 * Blank in MS. 
 
35 
 
 100 
 
 We ended y^ business of y" circuit att Taunton on Friday 6 Apr: 
 att noon, & that night one M'. Berisford, a young Lawy'', told me y* 
 some dissent's (I think he named M^ Baker & M^ Peacock) were much 
 troubled att some expressions of mine in a cause there, between Clare 
 & Bassett, which was an ac. upon y^ Stat. Ph: & M: for selling Wares 
 in a market. Y^ def was a poor Townsma, ruined in Mounmouth's insurrec, 
 & I express* my dislike of y^ psecution, ^ they told me it was done by some 
 great traders who were dissenters, & I said y^ psecution was worse in 
 them, than in other men, bee. they had been sufferers und"" y^ severe 
 psecution of rigorous penall laws. 
 
 101 
 
 Western circuit: 9f , Lent :- 
 
 Hampshire 
 
 entred 22 
 
 tryed 18 
 
 W iltshire 
 
 entred 42 
 
 tryed 41 
 
 Dorset 
 
 entred 20 
 
 tryed 20 
 
 Cornwall 
 
 entred 29 
 
 tryed 28 
 
 Exeter 
 
 entred 8 
 
 tryed 8 
 
 Devonshire 
 
 entred 100 
 
 tryed — 
 
 Somersetshire ent: 59 
 
 tryed 49 
 
 
 280 
 
 
 Just. Powell 
 
 entred: 150 
 
 tryed 
 
 Just. Rokeby 
 
 entred 130 
 
 tryed 119 
 
 102 
 
 My eleventh circuit was y* Western Circuit, Just: Powell & my selfe. 
 Sum^ 94. 6° W^: & M*: Y** times thus :— 
 
 Hampshire, Wednesday 18 July, Winchest'. 
 
 Wiltshire, Saturday 21 July, att New Sarum. 
 
36 
 
 Dorset, Thursday 26 July, att STierburn. 
 
 Cornwall, "Wednesday 1: Aug: att Launceston. 
 
 City of Exet% Munday 6 Aug. att Gruildhall of Exon. 
 
 Devonshire, same day att y^ Castle of Exeter. 
 
 Somerset, Wednesday 15. Aug: att Wells. 
 
 Bristol!. Tuesday 21. Aug: att Guildhall of Bristol. 
 
 103 
 
 We set out from Lond. Tuesday 17. July, being a rainy morning & 
 we bated att y* King's Armes att Bagshot & lodged att Farnham Castle 
 upon an invitation from y" B^^ of Winchester. 
 
 Att Winchester we again excused y* Sheriff of Hampshire's psonall 
 attendance because of his own bodily infirmitys. I entred 20 causes & 
 tryed 19. 
 
 Att Salisbury my bro: Powell entred 27 causes & tryed 25. 
 
 In Wiltshire M^ Jifford & M'. Lewis & M^ 3 Jacobite 
 
 parsons, have frequent meetings at tan alehouse att ab* 12 miles from 
 
 Salisbury, & from thence y^ Jacobite intelhgence is dispersed. 
 
 104 Att Sherburn, 26 July, 94. 
 
 I entred 7 causes & tryed 7. 
 
 Launceston 1. Aug: 94. My bro: Powell entred 39 causes & tryed 34. 
 M'. Fran. Calmady, a good man but too great a charge to be sheriff 
 
 105 
 Att Exe*' Bro Powell entred 4 causes & tryed 4. I entred 1 & 
 
 tryed 1. 
 
 In Devonshire I entred 93 causes & tryd 63 & bro: Powell tryed 
 
 6 for me. 
 
37 
 
 In this circuit Sumer: 1694 — 
 
 causes entred. causes tryed. 
 
 Wincliester 
 
 
 20 
 
 19 
 
 Wiltshire 
 
 
 -27 
 
 25 
 
 Dorsetshire 
 
 
 7 
 
 7 
 
 Cornwall 
 
 
 39 
 
 34 
 
 Exeter 
 
 
 5 
 
 6 
 
 Devonshire 
 
 
 93 
 
 69 
 
 - 
 
 
 191 
 
 159 
 
 - 
 
 WeUs 
 
 & Bristol!. 
 
 
 106 
 
 My twelfth circuit was y* Norfolk circuit. Justice Nevill & my 
 selfe were y* Judges appointed. 
 
 Lent Ass: 9|. 7" W: Regis. Y' times thus :— 
 
 Bucfes, Monday 4. March att Ailsbury. 
 
 Bedford, Thursday 7 March, att Bedford. 
 
 Huntington, Monday 11. Mar, att Huntington. 
 
 Cambridge, Tuesday 12 Mar: att Cambridge. 
 
 Norfolk, Friday 15 Mar: att Thetford. ' 
 
 Suffolk, Wednesday 20 Mar: att Stowe-market. 
 The Pari: sitting, I went y* circuit alone. I hired a coach, a 
 postilion & 4 horses at 22s. a travelling day, & 12s. a lying day, & I 
 put a pair of my own horses to y^ wheele, & my own coachman drove. 
 I hired a horse for anoth' serv* who attended on me, & I took my 
 chamb' clerk in y* coach w*'' me, & my charges this circuit, ov' & 
 above all rec*' was 48 ti. in y** whole, or very nere it. 
 
 The Town of Stow-market pd for y^ Judges horsemeat. 
 Just: Nevile pd noe p* of y" Coach-hire. 
 
107 
 
 1'* Mar. 9f, Capt: Churchill, of Maj"" Glen: Churchill's regim* spoke 
 to me for what men I could pcure him in y" circuit, to goe into y^ King's 
 Service in Flanders, & I pmised him them. 
 
 Hugh Horton, Esq., Sheriff, a very great grasier, & said to be well 
 affected to y^ governm'. 
 
 M'. — Barnwell, undersheriff. 
 
 I set forward from Lond: Monday, 4 Mar, & dined att Amersham att 
 y^ att y^ Sheriff's charge, and got to Ailsbury by daylight. 
 
 I took y* Senior side of y^ circuit. 
 
 Att Ailsbury Bntred by Bro: Nevill's Marshall, M'. Norbury, Six 
 causes, tryed Six causes. 
 
 Page 108 blanh. 
 
 Bedford, 7 Mar: 9|. 109 
 
 gr ^m^ Massingbeard, high Sheriff. 
 
 Ambrose Reddall, undersheriff. The high Sheriff living in Lincoln- 
 shire & applying to me att London, I excused his psonall attendance att 
 y* Assizes, & gave him leave to send a freind in his roome, and he sent 
 Jo: Harvey, Esq., a Just of P: in that county. 
 
 I entred 4 causes, and tryed 4 causes. 
 
 Page 110 blanh. 
 
 Huntingdon, 11: Mar., 9f. . Ill 
 
 Arthur Jocelyn, Esq., high Sheriff. Rob\ Clark, y^ young"", undersheriff. 
 This high Sheriff was 21 y" old some days af*' he was named Sheriff, 
 his fath' being alive, and a good sul^stantiall farm' in Cambrsh., his son 
 married an heiress of about 150 ti. p an, & for her estate in Huntington- 
 shire was made sheriff, and attended me in that county & not in 
 Cambridgshire. 
 
 Entred 11 causes, tryed 9. 
 
39 
 
 112 Cambridge, 12 Mar., 9|. 
 
 Arthur Jocelyn, Sheriff. 
 
 Jo. Jefferj, undersheriff. 
 
 The coach could not conveniently goe into Trinity colledge, where I 
 lay, soe y* sheriff provided me a chair, w"** carryed me through y^ Co'* 
 to y^ coach. 
 
 I entred 8 causes & tryed 4. 
 
 Thetford in Norf: 15 Mar: 9|. 113 
 
 Francis Wyndham of Cromer, Esq., high Sheriff. 
 
 M^ Carter, undersheriff. 
 
 The high Sheriff was a gentile young ma of a small estate in 
 present, his moth' being alive, a good husband in his shrevalty & it was 
 s* he was made Sheriff upon a pique by y" D. of Norf. 
 
 Bro. Nevill's side. Causes entred 11 : tryed 9. 
 
 114 Stow-markett, in Suff: 20 Mar: 9f. 
 
 Daniell Browning, Esq., high Sheriff. 
 
 Barth: Paman, undersheriff. 
 
 The high Sheriff had been an old M' of a ship, & bought a good 
 estate in this county, & was very rich. 
 
 Y^ assizes were never held att this place before, & y" small pox 
 being much att Bury, soe as y^ Countrey was afraid of coraeing there, 
 I was desired att London by S' Jervas Elwys, S' Tho: Barnardiston, & 
 severall oth' memb's of y^ House of Coinons, to keep y' assizes here, 
 w* I did in a booth built upon y ground called y^ camping Land, & 
 Lodged att Capt: Bloss his house, & had a chair to carry me to Co'* 
 and to Church. 
 
 I entred 35 causes & tryed 27. 
 
 In y^ whole circ* entred 75, tryed 59. 
 
 N. Entred 28, tryed 24. 
 
 R. entred 47, tryed 35. 
 
40 
 
 Paqe 116 blank. 
 116 ^ 
 
 My thirteenth Circuit was called the Oxford Circuit. Ld. Ch: J: 
 Treby & my self. Justs, of Assize. Sum. 95, 7" W: The times thus :— 
 
 Berks. Tuesday 9 July, att Abingdon. 
 
 Oxon. Thursday 11 July, att Oxford. 
 
 Glocester. Saturday 13 July, att Glocester. 
 
 City of Glocester y* same day. 
 
 Monmouth. Thursday 18 July, att Monmouth. 
 
 Hereford. Saturday 20 July, att Hereford. 
 
 Salop. Friday 26 July, att Shrewsbury. 
 
 Stafford. Thursday 1 Aug: at Stafford. 
 
 Worcester. Tuesday 6 Aug: at Worcester. 
 
 City of Worces*', y* same day. 
 
 I hired a coach & 4 horses, & put a pair of my own to y* wheel, 
 
 my own coachman drove y^ coach, and y^ hired ma was postilio. I took 
 
 my chamber clerk in y*' coach w^^ me, and hired a horse for my servant 
 
 (Josua Davis) who ridd by y* Coach, & I was out of purse this circuit 
 
 above all y* incomes, above 65 ti. 
 
 In this circuit y* towns of Abington, Shrewsbury, & Stafford pay 
 
 for y* Judges horse-meat. 
 
 117 
 Abbington. Ch: J: Ent: 
 
 Oxford. Just R. Ent 
 
 Gloces*'. Ch J: ent 
 
 Monmouth. J: R. enf 
 
 Hereford. Ch Just, entr 
 
 Shrowsbury. Just: R. ent. 
 
 Stafford. Ch: Just: entr 
 
 Worcest'. Just: R: entred 
 
 {sic) 225 198 
 
 21 
 
 tryed 
 
 19 
 
 23 
 
 tryed 
 
 20 
 
 34 
 
 tryed 
 
 29 
 
 15 
 
 tryed 
 
 14 
 
 36 
 
 tryed 
 
 31 
 
 45 
 
 tryed 
 
 38 
 
 25 
 
 tryed 
 
 23 
 
 25 
 
 tyred 
 
 24 
 
41 
 
 Ld Cli: Justice entered 116 tryed 102 
 Just: R: entr 108 tryed 96 
 
 224 198 
 
 118 Abbington, 9 July, 95. 
 
 Ld Ch: Just: Entred 21 causes, tryed 19. Tho. Harwood, Esq., 
 high sheriff, a plain man, having been a seaman, of whom I had noe 
 oth' character but that he loved brandy. 
 
 Moses Burley, undersheriff. 
 
 We lodged att old M'. Green's house, he was 75 y^ old, his wife 
 about 42, a grave modest well behaved woman, y* daugh*' of Majo' Creed, 
 an old pari: officer who (as M'■^ Green told me) was kept prison' in 
 severall prisons for 19 y" togeth' af y*" restauration of K Ch: 2: w^^out 
 ever being called to answ' any crime. 
 
 Oxford, 11 July, 95. 119 
 
 I entred 23 causes, tried 20. 
 
 James Jeiiings, Esq., high sheriff. — Hey wood, undersheriff. 
 
 To Glocester it is reckon^ but 33 miles, i.e. 12 to Burford, 11 to 
 Frogmill (where we bated att y^ sheriffs charge), & 10 to Gloucestr: 
 
 Critlet Hill 5 mile fro Glocest', very risky way, & fro thence to 
 Gloces*' very uneasy coach way. 
 
 120 Glocester, 13 July: 95. 
 
 Nathaniel Rydler, Esq., high Sheriff, a young gent: well affected to 
 y*" Govern m*. 
 
 Tho: Webb, undersheriff, a tory. I am told y* y^ greatest p* of y" 
 gentry are well affected to y* governm*. 
 
 My Ld Ch: J: entred 34 causes & tryed 29 causes^ 
 
 S' Rich. Cooks, forema of y^ grand Jury, a warm man & zealous 
 
42 
 
 for y^ governm*. S' Jo. Guise & oth"^ pleased w*'' my charge, coinentiDg 
 on y" act of Rights & libertys. 
 
 I fined one Tho. Stubbs 100 markes for seditious words, y^ fine was 
 soe little bee, of y^ Smalness of his estate, & his great charge of children. 
 I comitted him till he paid it. 
 
 Monmouth, 18 July. 121 
 
 Edw: Perkins, Esq., Sheriff. 
 
 undersheriff, a consumptive young man. Not one prison' in y^ Gaole, 
 yet my Ld Ch: Just: swore a grand Jury, & gave them a charge. 
 
 I entred 15 causes & tryed 14. 
 
 A cause between Edwards & Macklen about y^ elec. of a Maior of 
 Monmouth. Af ' two houres spent in it,' y^ pi: (who I was afterw^s 
 told is y* Tory) would be nonsuit, & was soe bee. I would not allow y** 
 inhabiting burgesses to be witn* to prove y* y^ out burgesses had noe 
 votes in y^ electing of a Maior, for I sd they might prove y* by oth"" 
 witn* than those who are interested. 
 
 122 Hereford, 20 July. 
 
 Arthur Biddulph, Esq., Sheriff, a young gent, sd to be a Tory. 
 
 Wm. Badham, undersheriff. 
 
 "We lodged att M"" Williams's, y cl: of y*" Peace. 
 
 Here was a famous cause between Birch & y* B^^ of Hereford &c. 
 for defaceing y^ monum* of Coll. Jo: Birch in Weobley Church, in w"^ y* 
 pt had 12d dam. 
 
 My Ld Ch: Just: entred 36 causes and tryed 31. 
 
 Shrowsbury, 20. July. , 123 
 
 Ric. Leighton, Esq., Sheriff. 
 Rio. Mailing, undersheriff 
 
 Jones & Loyd a spec. verd. att y" great importunity & upon y"" 
 reputat. of S' W". Williams ag* my opin. Y* q. was upon y" will of 
 
43 
 
 Rob*. Griffith. A man devises land to A: & his heirs, & if he dye 
 w%ut heirs of his body, then to B: Y* pn* was wheth'' A. have an 
 estate ta. w"^ I affirmed. 
 
 I entred 45 causes and tryed 38. 
 
 124 Stafford: 1 Aug: 95. 
 
 John Tayler, Esq., Sheriff. 
 
 John Blackmore, undersheriff. 
 
 Marsh, Goaler. S' Charles Wolsley gave me thankes for my charge. 
 
 My Ld Ch: Just: entred 25 causes and tryed 28. 
 
 We lodged att M"" Perry's, my Ld Ch: Just: his Marshall, where 
 we had good lodgings, but those w*"^ y* sheriff pvided for us were very 
 mean, as my Marshall told me. 
 
 M'. Perry entertained us att his charge, besides our presents we had 
 3 brace of Bucks & 5 sheep given us. 
 
 Monday, 5 Aug. 125 
 
 We came out of Stafford ab* 7 in y*' morning & dined at M'. Phillip 
 
 Foley's att Prestwood, where we had a very noble & generous Entertainm*, 
 
 & we staied there soe long, y* it was past 8 att night before we came 
 
 to Worcester. 
 
 126 Worces*', Tuesday 6 Aug. 
 
 Timothy Brigginshaw, Esq., Sheriff. 
 John Asteley, undersheriff. 
 I entred 25 causes and tryed 24. 
 
 Page 127 blanh. 
 128 
 
 My fourteenth circuit was y" Oxford circuit. My self & Just: Eyre, 
 Justs, of Assize. Lent 9|. 8" WiUi 3'. The times thus: — 
 Monday, 2° Mar., Reading for BerKs. 
 Oxoii: Wednesday, 4° Mar: att Oxford. 
 
44 
 
 Glouc, Saturday, 7° Mar., att Gloces*'. 
 
 City of Gloo*', y* the same day. 
 
 Monmouth, Thursday 12° Mar., att Monm*^ 
 
 Hereford, Saturday 14° Mar., att Hereford. 
 
 Salop, Thursday 19° Mar., att Shrewsbury. 
 
 Stafford, Tuesday 24° Mar: att Stafford. 
 
 Worcester, Monday 30°: Mar., att Worcester. 
 
 City of Wore y^ same day. 
 I was comanded to stay att home & Just: Eyre went y* circuit alone. 
 Homer p* Just. Eyre*s Steward 14 H. for my part of y^ charges of 
 housekeeping, but I pd noe p* of his coachire, nor Just: Nevill p** me 
 noe pt of my coachire this time twelve month. 
 
 Page 129 blank. 
 130 ■ 
 
 My fifteenth circuit was y" Oxford circuit, my selfe & Baron Powys 
 Justs, of Assize. Sumer. 96: 8° W: 3. 
 Y* times thus : 
 
 Berks, Tuesday 21 July, att WalUngford. 
 
 Oxford, Thursday 23 July, att Oxford. 
 
 Glocester, Saturday 25 July, att G-locester. 
 
 Monmouth, Thursday 30 July, att Monmouth. 
 
 Hereford, Saturday 1° Aug., att Hereford. 
 
 Worcester, Wednesday 5° Aug., att Worcest'. 
 
 Stafford, Saturday, 8° Aug., att Stafford. 
 
 Salop Wednesday, 12 Aug., att Showsbury. 
 In this circuit I hired a coach & four horses & took my chamb' 
 clerk in y* coach w*'' me. I hired also two horses for John & Josua my 
 two Serves & I was out of purse in y' whole (above all y* came in) above 
 54 H. 
 
45 
 
 Coachire 24 10 
 
 travelling charges into & out of y* circ* 12 
 
 My share for housekeeping charges 11 
 
 Hire of two horses & their meat, &c. 07 8 
 
 54 18 
 
 131 
 
 I had made preparations to begin my jorny on Monday y^ 20*^'' of 
 July, but on Friday before, I received a message from y^ Lords Justices 
 y' I must stay in Town to attend y* triall of S"" Jo. Fenwick, y^ message 
 was by the Attorny Gren: who told me they intended to arraign S"^ John F: 
 on y« 22*\ & try him on y" 25**^ of July. 
 
 On y* 21*'', att night, M'. Baker came to me from y* Lords Justices 
 to acquaint me y* S^ Jo: Fenwick's arraignm* was put off till y^ 23*^ & 
 his triall till y' 27''*, & that I must attend it. 
 
 On Wednesday y* 22*^, ab* 9 att night, M' Baker came to me again 
 from y* Lds Justices & told me y' S Jo: Fenwick's triall was put off for 
 teii dayes, & y* I might goe into y** circuit when I pleased. 
 
 On Thursday, 23 July, I begun my journy into y* circuit, and came 
 weU to Wiccomb that night (thankes be to God). 
 
 132 
 
 
 Causes in Oxf^ 
 
 circ*. Sum' 
 
 96. 
 
 
 
 Entred. 
 
 Tryed. 
 
 R: 
 
 Berks 
 
 19 
 
 16 
 
 P: 
 
 Oxon 
 
 16 
 
 12 
 
 P: 
 
 Gloc: 
 
 26 
 
 19 
 
 R: 
 
 Monm. 
 
 12 
 
 9 
 
 R: 
 
 Hereford 
 
 52 
 
 43 
 
 P: 
 
 Worcest' 
 
 20 
 
 15 
 
 P: 
 
 Stafford 
 
 23 
 
 19 
 
 R: 
 
 Salop 
 
 60 
 
 44 
 
 226 {sic) 177 
 
46 
 
 Eokeby 142 ' Rokeby 112 
 
 Powis 084 Powys 66 
 
 226 177 
 
 133 
 
 On Friday, 24 July 96, I went fro Wickham to Oxford & that day 
 I dispatchd all y* crown business (but onely giving y® charge w"*" my 
 bro: Powys had done y^ night before), but it kept me in Co'* till nere 
 12 of y^ clock att night. 
 
 W". Newell, Jun: Esq., Sheriff, a young raw man, his fath' living, 
 a great husbandman (but sd to have 1,000 H p an), y^ fath' was put on 
 to be Sheriff, but he pcured his son's name to be put into y* Patent 
 (as I was informed), this was his 2'^ son, & I was told, he omitted his 
 eldest son, because he sd he could not spare him from y^ plow. 
 
 Page 134 blank. 
 
 Glocester, 25 July, 96. 135 
 
 The way was soe badd from Oxford that it was betwixt 9 & 10 a 
 clock att night before we got to Grlocest', tho we came from Oxford ab* 
 halfe an houre af*' 7 in y* morning. 
 
 S'' Geo: Hanger, Sheriff, a brisk man, & well affected to y* 
 Governm*. 
 
 Tho. Stephens, undersheriff. 
 
 Langbane, Gaoler. 
 
 Here I tryed & condemned M'* Eliz. Biss, a goldsmith's wid. of 
 Oxenhall, nere Newent, for high treason for coining & clipping. She kept 
 y' great mint of all these parts for adulterating y^ coin of y^ Kingdom. 
 Many tooles & instruments for y* purpose were found in her house, k 
 
47 
 
 many ingotts of silv"" from melted clippings, & much dipt & badd mony, 
 w"'' I left in y^ Sheriff's hands. They were weighed in Co'* by M'. Gosley 
 a goldsmith & estimated by him att 338 H. in value. 
 
 I also att y^ same time condemned M""'. Biss's own father, Waif 
 Rudge, for clipping. 
 
 136 
 
 There were severall companys of foot soldiers of y^ Marqu: of Besair's 
 regim* (who married one of y^ Lord Yillers sist""') quarterd in Glocesf 
 which was kept in y^ nature of a garrison, & every night y'' military 
 offic"^ brought us y^ word in y^ evening, w"^ was supposed to be a respect 
 to us, as comeing w"' y* King's Oomission. 
 
 Monmouth, 30 July: 96. 137 
 
 Jo: Morgan Esq., Sheriff, a young unexperiencd gen: who came into 
 y' office to fill up his father's year, who dyed af*"" he was made Sheriff; 
 his father (as I was told) was a rich tradesman of Aburgaveny. 
 I entred 11 causes & tryed 9. 
 
 Part of y* Marq: of Besair's regim* was quarterd in this Town, & 
 Capt. Pointz, y^ cheife comand'' here, came to me to receive y^ word. I 
 told him I did suppose we were to receive y*" word from them, but he 
 told me in regard we represented y* King's pson, he was to receive y* 
 word from us, & accordingly I gave him y^ word: King William. 
 
 138 Hereford, 1 Aug., 96. 
 
 Yery bad & shaking way from Monmouth. 
 
 Jo. Long, Esq., Sheriff, an aged gent: who had an estate fell to 
 him lately by y*' death of a relation, w'^ brought upon him this office of 
 Sheriff 
 
 Purcell, und'sheriff. 
 
 I entred 52 causes & tryed 44. 
 
4^ 
 
 I being tyred w*'* my jorny from Monm, my bro: Powis alone went 
 to y* hall to read y* comissions, & before him there was a writ of Assize 
 returnd, w"'' was brought by Herbert Croffc, gent: ag* Griffith Reynolds 
 & W" Dobson, clerk, for y^ office of Reg'" of y^ Deanry of Heref*, & 
 some debate ariseing upon y^ Sheriff's return my bro: Sent to me to 
 come to him, but I sent to him to desire him to adjorn ye Assize in 
 pticular (as well as y^ Co'*) to Monday morning w"'' he did accordingly. 
 
 139 
 
 Upon Monday Morning, 3 Aug., 96, I & my bro: Powys being both 
 at y* Nisi Prius end, I caused y^ writ of Assize to be delivered into my 
 hand, & att y^ desire of S' W"*. Williams, one of y* pis councell, I caused 
 y^ persons named in y* panell of recognitors • of y^ assize to be called over 
 onely de bene esse to see if they were in Co'*, in ca: it should fall out 
 y* there should be any occasion to use them, for it was thought they 
 could not regularly be called, till y^ ten* was called to appeare or make 
 defalt, for it was disputed here whether any thing at all could be done, 
 upon y^ return w'^ y^ Sheriff made of y^ writt: w"^ was y* very Same y* 
 is in Newis & Scolastica's ca: Plo: Com: & y^ oldest book of Entre's & 
 Co. Entre's. And it was Strongly insisted upon by Serj*. Birch, Serj*. 
 Geers, S' Era: Wiiiington & others as amici Gurice (for they would not 
 own themselves to be of councell with y^ ten*') y* y^ Co'* could not pceed 
 contra non citatu for Sums to answ'' is de Jure naturali. 
 
 140 
 
 And S' W"". Williams, Dobbins, Grove, &* of Councell for 
 
 y® pi: insisted upon Newis & Scolastica's ca Plo. Com. 
 
 old Entr. 
 Co. Pntr. 
 
 ♦ Blank in MS. 
 
49 
 
 y* upon such a return y' ten*' might be called, & if they did not 
 appeare then y^ Assize might be taken by defalt, & upon y^ vieu of those 
 books in Co'* we were both of opinion y* we might take y^ assize by 
 defalt. 
 
 And we pmitted y' pi: to arraign y' Ass. w'^ was done by Grove 
 in French. And then Assiza venit recognitura in Latine was read (onely 
 pt of it to possess y^ Co''* of it). 
 
 Then y^ ten*' were called ag" & appeared & demanded oier of y^ 
 writt, & imparled specially till next morning, And then this assize was 
 pticularly adjorned till next morning Tuesday, att 6 of y^ clock. 
 
 141 
 
 On Tuesday morning (4 July: 96) my bro: Powys came to me into 
 y* Nisi Prius Co'*, & y® assize being called (w'''' was adjornd de hora in 
 horam) y^ ten*' appeared, & Griffith Reynolds put in a spec dem' to y^ 
 Count, & W". Dobson pleaded nul tort nul dissaisin. Upon y^ spec, dem' 
 we were both of opin: y* y® dem"" was good, but we pnounced noe judgm*. 
 upon y*. 
 
 That day I tryed y^ issue upon Dobson's plea, & y^ Jury found ag* 
 him & 50 H. dams. And I gave judgm* p. q. upon y^ verdict quoad 
 Dobson, & writ of seizin. But upon Reynolds his dem' I adjornd it to 
 Serj*s Inn in Fleet-Street, y^ 1^* day of next Mich: Term. 
 
 142 
 
 We being straitned in time att Hereford, my bro: Powis went towards 
 Worcest' Wednesday morning, 5 Aug. I having then 20 causes to try, w'^ I 
 dispatchd about 4 a clock y* afternoon, but came not from Hereford till 
 Thursday morning 6 Aug., 96, but my bro: Powis read o' comission att 
 Worcesf on Wednesday night & on Thursday morning heard y^ sermon, & 
 charged y^ Grand Jury (on my behalfe), and y* night I came to Worcest^, 
 & on Friday before diiier I tryed all ray prison", y^ Goale being small. 
 
 H 
 
50 
 
 Worces*', Wednesday, 5 Aug., 96. 143 
 
 W" Lea, Esq., Sheriff, an aged pson who is a sort of physician (as I am 
 
 informed) & by his goeing from market to market w*^ his medicines, hath 
 
 got a great estate, & for it was put into this office. 
 
 Jo. Jevon, undersheriff. Lately put out of y^ Comiss. of Peace & y" 
 
 Deputy Lieutenancy (D. of Shrowsbury* being L* Lieu*). Mr. Coventry, son 
 
 of y* L* Coventry, S"" Jo. Packington, S'' Fran : Russell, Mr. Parker, burgess 
 
 for Evesham & t 
 
 144 
 
 I came out of Worces*' toward Stafford Saturday 8 Aug., ab* 8 in y' 
 morning, & stayed not by y^ way onely att Wolverhampto, drunk a glass of 
 sack in y^ coach (att y® door of an Inn) given us (as is customary) by y* 
 Constables of y^ Town, & I read y^ Comiss. a little af 8 att night, but my 
 bro: Powis came not in till af 9, & had Flambeaux's to bring him into y" 
 Town. 
 
 Stafford, 8 Aug., 96. 145 
 
 John Chetwin, Esq., Sheriff. 
 Edw*. Bird undersheriff, an elderly man w**out cravat or Wigg. 
 
 Page 146 blank. 
 
 Shrowsbury, 12 Aug., 96. 147 
 
 Fran : Herbert, Esq., Sheriff. 
 
 Jo. Edwards, undersheriff. 
 
 Bowyer, Goaler, a very ill man by S' Ed: Leigh ton's character. 
 
 I came hither alone, & ended not all the business till Tuesday 18 att 
 night, & y^ next day I went to y^ Welsh Harp, & on Thursday I went to 
 Northampton, & on Friday to Dunstable, and on Saturday 22 Aug. 96, 
 to London. I entred 60 causes & tryed 44. See pa: 132 y' numbers of all y* 
 causes entred & tryed this Circuit. 
 
 • Charles, twelfth Earl and only Duke of Shrewsbury. f Blank in MS. 
 
51 
 
 148 
 
 Circuits chosen Thursday, 28 Jan., 96, att y' Excheq^ chamber :— 
 
 Norfolke L^ Ch: Just: Holt. 
 
 Home, Ld Ch: Just: Treby, Baron Powys. 
 
 North, Ld Ch: Baron Ward, Just: Turton. 
 
 West, Just: Nevile, Just: Rokeby. 
 
 Midland, Baron Lechmere, Just: Powell. 
 
 Oxford, Just: Eyre, Baron Blencow. 
 
 I hired 4 horses & their harness of Tho. Briii att 20s. a travelling day 
 
 & 12s. a resting day, & I hired a coach of Norwich Salusbury att 2s. 6d. p 
 
 working day, i.e., 16s. p week, but it was reduced in y^ whole to 4 H. In 
 
 this circuit I was out of purse in y^ whole (above ally* came in) ab* 66 ti. 10s. 
 
 149 
 
 My sixteenth circuit was y^ Western circuit. Just: Nevill & my selfe 
 
 Just's of Assize. Lent, 9f . 9° W. 3. Y^ times as follows : — 
 
 Southampton, Wednesday 10: Mar., att Winchester. 
 
 Wilfs, Saturday 13. Mar., att Salisbury. 
 
 Dorsett, Thursday: 18 Mar., att Dorchester. 
 
 Soinerset, Monday 22 Mar., att Taunton. 
 
 Cornub, Monday: 29 March, att Launceston. 
 
 City of Exofi, Saturday 3 Apr. att Guildhall, Exon. 
 
 Devon, y^ same day, at y" Castle of Exon. 
 150 
 
 Before I began y^ circuit I was told by some gent: of y^ house of Coins 
 y* M' Ratcliff, sheriff of Devonshire, is a Tory-Williamite, but hath a 
 good und'^sheriff, M' Hull. 
 
 I was also told y* Mr, Dyke, Sheriff of Somersetshire had a desire to 
 express some respect to me. 
 
 Tuesday, y' 9*^ of March 9f, Justice Nevill & I set forward into y" 
 Western Circuit, & bated y* day att y^ King's head att Egham, & came y* 
 
52 
 
 night to Hartley Row & y* next day to Wincliester. "We had two most 
 delicate days to travel in, above what is usual att this time of y^ year. 
 
 I returnd to London out of this circuit upon Saturday, y* 17^^ of Apr: 97. 
 
 In this circuit Taunton onely pd for y® Judges horsemeat. 
 
 In this circuit I was out 40 dayes, includeing y* day I went out, & y" 
 
 day I returnd. 
 
 151 
 Winchester, 10 Mar., 9f . 
 
 Alex. Alcorne, Esq., Sheriff, one who (as I am informed) was a while an 
 apothecary att Southampton, but by marrying three rich wives hath now a 
 good estate. 
 
 Rich. Good, undersheriff ppetuall. 
 
 Skate, Gaoler. 
 
 Just: Nevill entredl6 causes, tryed 11 causes. I tryed onely 5 indictm*' 
 & had one traverse in w*'^' noe evidence was given. 
 
 There is a difficulty in this County ab* the comon Goale of it. They say 
 y* King hath noe Gaole att all, but y^ house which is used as y* Goale was 
 bought with mony out of y® County stock & was taken in y^ name of some 
 gent: of y" County, who by ord' of y^ sess: for a fine & rent, let it to one Hen. 
 Thorp (a very ill man) who hath ever since claimed to be Gaoler, and lets 
 that house for a Gaole att an excessive rate, & now acts as Keeper of y® 
 Gatehouse att Westm'. One* Preist lately acted as jGaol"" und' 
 
 Thorpe, & is now a turnkey in one of y* Count^* of London. In this man's 
 time Tho. Collins, accused of coining got out of prison- & is fledd. 
 
 152 Salisbury, 13 Mar., 9f 
 
 Jo. Befiett, Esq., high Sheriff of Wiltes. 
 James Edgell, undersheriff. 
 
 I entred 34 causes and tryed 29, of w*'^ one was by bro: N. 
 15 Mar. M^ Seymour and M'. Tucker, 2 Justs of P: spoke to bro: 
 
 * Blank in MS. 
 
53 
 
 Nevill & me to speake to my Ld Ch: Just: Holt ab* f business of Susan 
 Bethell alias Bevin, & Edmund Hungerford, Esq., about j^ leasing affair att 
 Fyfield, inflamed & incouraged by M'^. Clark & one Moon, Carpenf who had 
 made affidavits before nty Ld Ch: Just: att Londo. 
 
 Page 153 blank. 
 
 154 • Dorchester, 18 Mar., 9f 
 
 Tho. Bower, Esq., Sheriff. 
 
 Robert Russell, undersheriff. Bro: Nevill entred 18 & tryed 18 causes. 
 We had snowy weather Saturday night & Lord's Day morning: both y^ 
 Judges were forced to sitt in Co"* till past 11 of y^ clock on Saturday night. 
 
 I repreived Jane Jones, wife of W". Jones, found guilty of clipping, 
 there being onely one* witnes who swore y^ fact ag* her, & had concealed 
 it above a y"", & there was not any dipt money or tooles found, nor any 
 concurring circumstance to corroborate his testimony. 
 
 20 July: 97. Jo. Gillingham made oath before Hen: Henning, Esq., 
 that w'' Just. Rokeby came back out of y^ Circuit (Lent Of) through 
 Dorches*', he saw W™. Jones, y® husb. of Jane Jones & t who married 
 
 her sister, pay some mony to y^ clerk of Assizes att M^ Colson's house, 
 w"'' he estimated to be 20 ti. or more. 
 
 24 Dec.,. 97. Col. Trenchard desired y* Jane Jones (being a very 
 dangerous woman) might not be certifyed for, to be put into y^ circuit 
 pardon. 
 
 Feb. 9f . I certifyed for some malefactors to be put into y^ circuit 
 pardon, but Jane Jones was not put in. 
 
 Page 155 hlanh. 
 
 156 Taunton, 22 Mar., 9f. 
 
 Tho. Dyke, Esq., high Sheriff, a generous obliging man in his 
 carriage to y® Judges, & well affected to y* Governm*. 
 
 * Marke Linington, of whom I reed a very ill charac*' from Coll. Trenchard. 
 
 t Blank in MS. 
 
54 
 
 M'. Marshall, undersheriff. 
 
 I entred 59 causes & tryed 41. Severall of y* causes were very 
 
 long. 
 
 Cornwall, 29 Mar., 97. 157 
 
 Jo. Barrett, Esq., Sheriff. 
 
 Jo. Williams, undersheriff, or else Walter Hobbs. 
 
 I entred 45 & tryed 35 causes. Tiriers made a complaint of great 
 want & extremitys, & gave their petition to the grand Jury, who gave 
 it to my bro: Nevill. 
 158 
 
 Causes Entred & tryed in Western Circuit, March, 9f. 
 
 Entered Tryed 
 
 N: 
 
 Winchester 
 
 16 
 
 11 
 
 R: 
 
 Salisbury 
 
 34 
 
 29 
 
 N: 
 
 Dorchester 
 
 18 
 
 18 
 
 R: 
 
 Taunton 
 
 59 
 
 41 
 
 R: 
 
 Launceston 
 Civit. Exon. 
 
 45 
 
 35 
 
 N: 
 
 ... 
 
 9 
 
 8 
 
 R: 
 
 ... 
 
 5 
 
 4 
 
 N: 
 
 Devonshire 
 
 79 
 
 60 
 
 Just: N: entred 122 tryed 97 
 Just: R: entred 143 tryed 109 
 
 Total 265 tryed 206 
 
 159 
 
 Exeter, 3 Apr: 97. Chr. Bate, Maior, A tory creature of S E S. 
 
 Gribbs, Sheriff of y^ City, a grocer of good substance, & faire 
 reputation. 
 
 Just: Nevill entred in City 9 & tryed 8. Rokeby entred there 
 5 causes & tryed 4. 
 
55 
 
 Devonsliire. 
 
 Jasper Ratcliff, Esq., Sheriff, a Ricli scraping mercli* inclind to Torism. 
 
 Bant y Grao? ill man. 
 
 Wm. Hulls, undersheriff, a fair man. I came from Lanceston in 
 one day, staid 2 hours att Bow, & got to Exeter by 5 of y^ clock. 
 On Easter. Eve I saw snow on y* hills in Devonshire near Oakehampton, 
 3 Apr. 97. 
 160 
 
 In Devonshire Just. Nevill entred 79 & tryed 60 causes. 
 
 Very great complaints, in all parts of y* great burthens y^ Inns & 
 
 Alehouses lay under by reason of y* q'tering of Soldiers upon them, & 
 
 upon y* occasion y* Inns & Alehouses are forced to provide lodgeing, 
 
 candle, & small beer for y^ soldiers, & to pay actually down in mony to 
 
 y** -foot-soldiers 3s. p week each man for their subsistence, w*''' they are 
 
 hard put to it, to doe, und' y^ great scarcity of mony, w*''' is yet stirring 
 
 in trade, y' security w*^ y* Inns have for y" mony w''^ they pay to y" 
 
 soldiers, is an account w*^ their officers, & their notes upon y' regim** 
 
 agents, chargeing them to pay y' mony to y* Inn-keepers. 
 
 Page 161 blank, 
 162 
 
 Circuits Chosen, Thursday, 10 June, 97, att Cheq"" chamb'. 
 
 Norfolke, Ld Ch: Just: Holt. 
 
 C Ld Ch: Just: Treby. 
 Midland, ] 
 
 ( Baron Powys. 
 
 ( Ld Ch: Baron Ward. 
 
 ( Just: Rokeby. 
 
 ( Just: Neville. 
 North, ] ^ 
 
 ( Just: Turton. 
 
 S Baron Lechmere. 
 Just: Powell. 
 
 Oxford, 
 
 Just: Eyre. 
 Baron Blencow. 
 
163 
 
 My Seventeenth Circuit was y" West. 
 
 Ld Ch: Baron Ward, & myselfe Justs, of Assize, Suin^ 97: 9" 
 W: 3. The times thus :— 
 
 Southampton, Wednesday 14 July, att Winchest^ 
 Wiltshire, Saturday 17: July, att New Sarum. 
 Dorsetsh: Thursday 22 July, att Dorchest'. 
 Cornwall, Wednesday 28 July, att Lanceston. 
 City of Exon, Tuesday 3 Aug., att Cuildhall, Exon. 
 Devonshire, y® same day, att y^ Castle of Exon. 
 Soinerset, Wednesday 11: Aug., att Wells. 
 City of Bristol, Monday 16 Aug: att Gruildhall. 
 This circuit I hired a coach and 4 horses of Tho. Brind, att 20s. 
 a travelling day, and 12s. a resting day, & allowed him 2 ti. towards 
 paying for y* coach, & I tooke my chamV clerk in y^ coach w*'' me, & 
 had onley one serv* (Josua) on horseback, & I was out of purse (above 
 all y* came in) about 67 ti. or more. 
 
 I came home w'** my Ld Ch: Baron by BristoU & Bath, w*"^ some- 
 thing increased y^ charge: I returned home y" 21: Aug. 97. 
 
 164 Tuesday, 13 July, 97. 
 
 Ld Ch: Baron Ward & I begun y'' West Circuit & came y* evening 
 to Hartley Row w^^'out bate, & y^ next day betwixt one & two of y* 
 clock to Winchest'. 
 
 Winches*', 14 July, 97. • 165 
 
 Sheriff as y*' last Assizes. 
 
 Ld Ch: Baron Entred 16 causes & tryed 15. I tried 8 indictm**, & 
 I tryed a traverse of one Jo: Carnham, alias Carnon (a papist & formerly 
 a Scotch pedler but now) a rich linnendraper ab* Reading, his offence 
 
67 
 
 was uttering- counterfeit mony, knowing it to be soe, he was acquitted 
 ag* a clear evidence. I bound him to y" good behaviour. 
 
 166 Salisbury, 17 July, 97. 
 
 Y® same Sheriff as last assizes. 
 I entred 24 causes & tryed 21. 
 
 DorchestS 22 July, 97. 167 
 
 The same Sheriff y* was last assizes. 
 Ld Ch: Baron entred 18 & tryed 17 causes. 
 
 168 Lanceston, 28 July, 97. 
 
 The same Sheriff y* was last assizes. 
 
 I entred 32 & tryed 28 causes. 
 
 Att Poulston Bridge (a long mile from Launceston) we entr into 
 Cornwall. 
 
 Exeter, 3 Aug., 97. 169 
 
 Y* same Sheriff in County, & y" same Maior & Sheriff in City that 
 was last assizes. 
 
 We came from Launceston to Exeter, Monday, 2** of Aug: but could 
 not forward y* business by it. 
 
 Att Exeter Ld Ch: Baron entred 10 and tryed 10. 
 
 In Devonsh he entred 80 & tryed 62. In Exeter I entred 4 & 
 tryed 3. 
 
 170 
 
 My Ld Ch: Baron & I sate togeth' in y*' City of Exet' by vertne 
 of o' coinission of Oier & Termin"" upon y^ triall of one Patrick 
 Cunningham for a misdemean"^ for speaking dangerous and treasonable 
 Words, viz., we will take off y* King's life in y^ wint^ if we caiiot 
 before, for tho y^ K. hath escaped w*'' his life now, he shall shortly dye 
 before nine months be to an end. 
 
 Page 171 blanJc. 
 
58 
 
 172 Wells, 11 Aug., 97. 
 
 Y® same Sheriff as was last Assizes. 
 
 The Judges lodged att M^ Baron's house ov' ag* S*. Cuthbert's 
 Church, a great distance from y® Co'*. 
 I entred 39 causes & tryed 34. 
 
 In this circuit Ld Oh: Baron Entred 124 causes & tryed 104, besides 
 18 att Bristoll. 
 
 I entred 99 & tryed 87. 
 
 See y* in y^ whole circuit both Judges 
 
 entred causes 223 
 
 & tryed causes 191 
 
 besides Bristoll causes 13 
 
 Bristoll, 16 Aug., 97. 173 
 
 I receiving an invitation from y^ Maior & Sherifs of Bristoll, went 
 thither w**" my Ld Oh: Baron. Ld Ch. Baron entred 13 causes & 
 tryed 13. 
 
 M'. Jo. Hind, Maior of Bristoll, a sugar baker, a plain man, but 
 firm to y® governm*. M^ Pet' Sanders, eld"^ Sheriff, merch*. 
 
 M"^. "Whitchurch, young' Sheriff, grocer. 
 
 We were lodged att S' Tho. Day's house, he is one of their old pari: 
 men, nere ye Key, his trade is a soap-boiler (as I take it) a considerable 
 man of estate, & firm to y® Governm*, a very spacious house, but incon- 
 venient to me, being 48 steps up stairs to my lodgeing chamber ; 
 
 we were very kindly received by him. 
 
 The Mint here hath coined above 300,000 ti. by y* great care of 
 Major Yates, one of their memb's in Pari. 
 
 174 
 
 M'. Edw: Oolson, a Bachilor, bom att Bristoll, now a merch* living 
 in or about London, hath lately bestowed 12,000 U. in building & endowing 
 an hospitall att Bristoll for 12 poor men & 12 poor women. 
 
TABLE OF ABEEVIATIOM 
 
 Ab* 
 Ac 
 
 Ac. s' ca ... 
 
 Ace*' 
 
 Admisg . . . 
 
 Ads. 
 
 Aft"^ 
 
 Agt 
 
 At 
 
 Ano. 
 
 Armigl . ... 
 
 Arraignm* 
 
 Ass. 
 
 B.R. 
 
 Bpp 
 
 B" 
 
 Bro. 
 
 Ca. 
 
 Cap. utlagatu 
 
 Certs 
 
 Ch. 
 
 Chan. 
 
 Ch;^ 
 
 Comand' ... 
 
 Comiss ... 
 
 Com 
 
 Comons . . . 
 
 Comptt . . . 
 
 Co>^t 
 
 ^- i 
 
 Deftf •■• 
 
 D. & Chap. 
 
 Dams. 
 
 Demi- 
 
 Devonsh. . . . 
 
 Diner. 
 
 Dow' 
 
 Durha 
 
 Eccles. 
 
 Ejec. 
 
 Ent. 
 
 Episc. 
 
 Estatf ... 
 
 Famha . . 
 
 Ferd. 
 
 Forema . . . 
 
 Foud 
 
 Fro 
 
 G., Gs. ... 
 
 HiU. 
 
 Instr. 
 
 Int' 
 
 Judg^t . . . 
 
 Just. 
 
 Justs. 
 
 K. Ja. ... 
 
 Ld. 
 
 About. 
 
 ti 
 
 Action. 
 
 Ma 
 
 Action sur le case. 
 
 Mar. 
 
 Accounts. 
 
 Marq 
 
 Admissus (admitted). 
 
 Marr 
 
 Administrator. 
 
 n. e. fautii 
 
 After. 
 
 Opin. 
 
 Against. 
 
 0' 
 
 Alios. 
 
 Oth^^ 
 
 Anno. 
 
 p ... 
 
 Armiger (Esquire). 
 
 p -^ 
 
 Arraignment. ~ 
 
 p an 
 
 Assize. 
 
 pt 
 
 Banco Regis (King's 
 
 Pari. ) 
 
 Bench). 
 
 Parliam* j 
 
 Bishop. 
 
 P. and M. 
 
 Baronet. 
 
 pticularly 
 
 Brother. 
 
 ptyes 
 
 Case, cause. 
 
 pson 
 
 Capias utlagatum. 
 
 psonall . . 
 
 Certificates. 
 
 Postilio . . 
 
 Chief. 
 
 pceed 
 
 Chancery. 
 
 pclaimed .. 
 
 Christopher. 
 
 ptestat . . 
 
 Commander. 
 
 pvision . . 
 
 Commission. 
 
 pfits 
 
 Comitatu (County). 
 
 PP 
 
 Commons. 
 
 q 
 
 Complaint. 
 
 q 
 
 Court. 
 
 R. 
 
 Defendant. 
 
 Ret. 
 
 Relatio . . 
 
 Dean and Chap er. 
 
 Rot. 
 
 Damages. 
 
 Saru 
 
 Demurrer. 
 
 Sot 
 
 Devonshire. 
 
 S^ 
 
 Dinner. 
 
 S'' cone . . 
 
 Dower. 
 
 Spec. 
 
 Durham. 
 
 Sumer 
 
 Ecclesiastical. 
 
 Sums 
 
 Ejectment. 
 
 sd. ... 
 
 Entered. 
 
 Supjdic? .. 
 
 Episcopus (Bishop). 
 
 Tent* 
 
 Estates. 
 
 Trov' 
 
 Farnham. 
 
 Ux. 
 
 Ferdinand. 
 
 V. 
 
 Foreman. 
 
 Y» 
 
 Found. 
 
 Verd. 
 
 From, 
 
 W. and M. 
 
 Guinea, Guineas. 
 
 Wtii 
 
 Hilary. 
 
 Westm' . . . 
 
 Instructions. 
 
 "W«ii 
 
 Inter. 
 
 W '.'.'. 
 
 Judgment. 
 
 Woma 
 
 Justice. 
 
 Ye 
 
 Justices. 
 
 ■ym 
 
 King James. 
 
 Y' '.'.'. 
 
 Lord. 
 
 Y'" 
 
 Libre {£). 
 
 Man. 
 
 March. 
 
 Marquis. 
 
 Marriage. 
 
 Non est factum. 
 
 Opinion. 
 
 Our. 
 
 Other. 
 
 Per 
 
 Pro 
 
 Per annum. 
 
 Part 
 
 Parliament, 
 
 Philip and Mary. 
 
 Particularly. 
 
 Parties. 
 
 Person 
 
 Personal. 
 
 Postilion. 
 
 Proceed. 
 
 Proclaimed. 
 
 Protestant. 
 
 Provision. 
 
 Profits. 
 
 Proper. 
 
 Querente (Plaintiff). 
 
 Question. 
 
 Retainer. 
 
 Retained. 
 
 Relation. 
 
 Rotulus (roll). 
 
 Sarum. 
 
 Soluti (paid). 
 
 Sir. 
 
 Sur conusance. 
 
 Special. 
 
 Summer. 
 
 Summons. 
 
 Said. 
 
 Supradicto. 
 
 Tenants. 
 
 Trover. 
 
 Uxor (wife). 
 
 Vide. Versus. 
 
 Versus. 
 
 Verdict. 
 
 William and Mary. 
 
 With. 
 
 Westminster. 
 
 Which. 
 
 When. 
 
 Woman. 
 
 The. 
 
 Them. 
 
 That. 
 
 Years. 
 
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