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And 5th Count.

of them well and fufficiently repaired; but on the contrary the faid parts of the faid highway, at the time of fo producing and exhibiting fuch laft-mentioned paper-writing as aforefaid unto and before the faid laft-mentioned court, remained, continued, and were ruinous, foundrous, miry, deep, broken, and in great decay, for want of due reparation and amendment of the fame; and fo the faid Sir Joseph Saiverunt. Mawbey, James Liptrott, Edward Cooper, and Ralph Leycefter, well knew at the time of fo producing and exhibiting the said laftmentioned paper-writing unto and before the faid laft-mentioned court as aforesaid, to the great obftruction of public juftice, to the evil example of others in the like cafe offending, and against the peace of our faid lord the now king, his crown and dignity. the jurors aforefaid, upon their oath aforefaid, do further prefent, that the faid bill of indictment having been fo preferred and found against the inhabitants of the faid parifh of Windlefham as aforefaid, and the faid Sir Jofeph Mawbey and James Liptrott fo being fuch juftices as aforefaid, and the faid Edward Cooper and Ralph Leycefter fo being two of the inhabitants of the faid parish of Windlefham as aforesaid, they the faid Sir Jofeph Mawbey, James Liptrott, Edward Cooper, and Ralph Leycefter, unlawfully and wickedly confpiring, combining, and confederating together to obftruct and pervert the due courfe of justice, whilst the faid indictment was depending and before the giving of judgment thereon, to wit, on the faid twenty-fourth day of July, in the thirty-fecond year aforefaid, with force and arms, at the faid parish of Windlesham, in the faid county of Surry, unlawfully and unjustly did confpire, combine, Confpiracy that confederate, and agree together, that the faid Sir Jofeph Mawbey M. and Lhouid and James Liptrott, fo being fuch justices as aforesaid, fould, as and certify the fuch juftices as aforefaid, view the faid parts of the faid highway fame to be in which were fo by the faid indictment alledged to be out of repair as repair, and that aforefaid, and fhould thereupon, as fuch juftices as aforefaid, certify certificatefhould the fame to be in repair, and that fuch certificate should be afterwards afterwards produced and given in evidence upon the faid indictment, in behalf of dence in behalf the inhabitants of the faid parish of Windlefham. And the jurors of the parith. aforefaid, upon their oath aforefaid, do further prefent, that the faid Sir Jofeph Mawbey, James Liptrott, Edward Cooper, and Ralph Leycefter, having fo entered into fuch confpiracy, combination, confederacy, and agreement as laft aforefaid, the faid Sir Jofeph Mawbey and James Liptrott, in purfuance of the faid laft-mentioned confpiracy, combination, confederacy, and agreement, afterwards, and before the giving of judgment upon the faid indictment, to wit, on the faid twenty-fourth day of July, in the thirty-fecond year aforefaid, did, as fuch juftices as aforefaid, view the faid parts view. of the faid highway which were fo by the faid indictment alledged to be out of repair as aforefaid, and did thereupon then and there fign Certificate. and feal a certain other paper-writing as and for a certificate in writing by and under the hands and feals of them the taid Sir Jofeph Mawbey and James Liptrott, as fuch juftices as aforefaid, of their having fo as aforefaid viewed the faid parts of the faid highway which were fo by the faid indictment alledged to be out of repair as aforefaid, and that the fame were well and fufficiently re

paired,

view the road,

be

given in evi

Production

paired, which faid last-mentioned paper writing was and is to the tenor and effect following, "Surry to wit; We, two of his ma "jefty's juftices of the peace of the county of Surry, acting in and "for the faid county, having this day viewed and examined the "ftate and condition of the road faid to have been indicted at the "laft fummer affizes, leading from a place called Biddles Green "in the parish of Windlefham, in the faid county, to a place called "Weftley Green, adjoining to the parish of Cobham in the county "aforefaid, do certify that the faid road is well and fufficiently "repaired, and is in fuch a ftate, that the king's fubjects with "waggons, carts, coaches, and other carriages may pafs and repafs "fafely and without inconvenience. Given under our hands and feals, "this twenty-fourth day of July 1792. Jofeph Mawbey, (L.S.) "James Liptrott, (L.S.) witness Richard Kempfter:" And the jurors aforefaid, upon their oath aforefaid, do further prefent, that the faid Sir Jofeph Mawbey and James Liptrott, having fo figned and fealed fuch paper writing as laft aforefaid, they the said Sir Jofeph Mawbey and James Liptrott, and the faid Edward Cooper and Ralph Leycefter in further pursuance of the faid unlawful confpiracy, combination, confederacy, and agreement fo between them had and entered into as laft aforefaid, afterwards and before the giving of judgment on the faid laft-mentioned indictment, and when fuch judgment was about to be given, to wit, at the faid feffion of oyer and terminer fo as aforefaid, holden at Guildford in and for the faid county of Surry, on the faid eighth day of August, in the thirty fecond year aforefaid, unlawfully, and with intent unjustly to influence in favour of the inhabitants of the faid parifh of Windlefham, the judgment then about to be given upon the said indictment, did produce and exhibit, and caufe and procure to be proof duced and exhibited in evidence, unto and before the court of the faid laft-mentioned feffion in behalf of the inhabitants of the faid parish of Windlefham, the faid laft-mentioned paper writing, as and for a true certificate in writing, by and under the hands and feals of the faid Sir Jofeph Mawbey and James Liptrott, as fuch juftices as aforefaid, of their having fo as aforefaid viewed the faid parts of the faid highway, which were fo by the faid indictment alledged to be out of repair as aforefaid, and of the ftate and condition of the fame; whereas in truth and in fact the faid parts of the faid highway, which were so by the said indictment alledged to be out of repair as aforefaid, were not at the time the faid Sir Jofeph Mawbey and James Liptrott fo as aforefaid viewed the fame, nor at the time of their so signing and fealing fuch paper writing as last aforefaid, nor when they so produced and exhibited fuch laft-mentioned paper writing in evidence as aforefaid, well and fufficiently repaired, as and by the said lastmentioned paper writing was and is certified as aforefaid, but on the contrary the faid parts of the faid highway at the time of fo viewing the fame as aforefaid, and alfo at the time of producing and exhibiting in evidence as aforefaid the faid laft-mentioned paper writing, were ruinous, miry, deep, broken, and in great decay, for want of due reparation and amendment of the fame, and fo the faid

certificate in evidence.

Averments,

21ft

day of

Sir Jofeph Mawbey, James Liptrott, Edward Cooper, and Ralph Leycefter well knew at the time of their fo producing and exhibit- Saverunt. ing in evidence as aforefaid the faid laft-mentioned paper writing, to the great obftruction of public juftice, to the evil example of all others in the like cafe offending, and against the peace of our faid lord the king, his crown and dignity: And the jurors aforesaid, upon their oath aforefaid, do further prefent, that the faid 6th Count, bill of indictment having been fo preferred and found against the inhabitants of the faid parifh of Windlefham, in the faid County of Surry as aforefaid, and the inhabitants of the faid parish having fo as aforefaid confeffed themfelves guilty of the premifes in the faid indictment specified and charged on them, fuch further proceedings were had upon the faid indictment, that after wards, to wit, at the general feffions of oyer and terminer of our faid lord the king, holden at Kingston upon Thames aforefaid, in and for the faid county of Surry, on Thursday the twenty-firft Caption of Court day of March, in the thirty-third year of the reign of our fove- at Kingston, reign lord the king, before the above-named Sir Henry Gould, March, 1793the above-named Sir Beaumont Hotham, and others their fellows, juftices of our faid lord the king, affigned by letters patent of our faid lord the king, under the great feal of Great Britain, to the faid Sir Henry Gould, Sir Beaumont Hotham, and others their fellows, juftices of our faid lord the king, and to any two or more of them directed, of whom one of them, the faid Sir Henry Gould and Sir Beaumont Hotham, amongst others in the faid letters patent named, our faid lord the king willed to be one, to enquire more fully the truth, by the oath of good and lawful men of the faid county, and by other ways, means, and methods by which they fhould or might better know, as well within liberties as without, by whom the truth of the matter might be better known and inquired into, of all treafons, mifprifions of treasons, infurrections, rebellions, counterfeitings, clippings, wafhings, falfe coining, and all other falfities of the money of Great Britain, and other kingdoms, or dominions whatfoever, and of all murders, felonies, manflaughters, killings, burglaries, rapes of women, unlawful meetings and conventicles, unlawful uttering of words, affemblies, mifprifions, confederacies, falfe allegations, trefpaffes, riots, routs, retentions, efcapes, contempts, falfities, negligences, concealments, maintenances, oppreflions, cham-perties, deceits, and all other evil doings, offences, and injuries whatsoever, and alfo the acceffaries of them, within the county aforefaid, as well within liberties as without, by whomfoever and in what manner foever done, committed, or perpetrated, and by whom or to whom, when, how, and after what manner, and of all other articles and circumftances concerning the premises, and every of them, or any of them in any manner whatsoever, and the faid treafons, and other the premifes, according to the laws and customs of England, for that time to hear and determine, it was confidered and adjudged by the faid court there, that the inhabi- It was adjudged tants of Windlesham should pay a fine of 100l, into the hands of Thomas Haverfield, efquire.

tants

that the inhabi

tants of the faid parish of Windlefham, in the faid county of Surry, fhould pay a fine of one hundred pounds into the hands of Thomas Haverfield, efquire, to be by him applied to the reparation and amendment of the refpective parts of the faid highway, in the faid indictment above specified and alledged to be in great decay, for want of due reparation and amendment, by the faid inhabitants of the faid parish of Windlefham, in the faid county of Surry, and that the faid Thomas Haverfield should levy and receive the faid fine of one hundred pounds, and apply the fame in manner and form as before directed, as by the record and proceedings thereof fully appeareth: And the jurors aforefaid, upon their oath aforefaid, do further prefent, that fuch judgment as aforesaid, having been fo given as aforefaid, upon the faid indictment; and it appearing to the faid court of general feffion of oyer and terminer, fo holden as laft aforefaid, that the respective parts of the faid highway, which were fo in and by the faid indictment alledged to be out of repair as aforefaid, had not been fufficiently repaired and amended, and were then in great decay for want of due reparation and amendment; it was by a certain order then and there made by and at the faid laft-mentioned court, ordered and adjudged by the faid court there, that the inhabitants of the faid parish of Windlesham, fhould pay a fine of one hundred pounds for not repairing the faid highway, being the faid fine which was fo impofed upon the faid inhabitants of the faid parish of Windlesham, by the faid judgment fo as aforefaid given against them, upon the faid indictment, to be levied by and paid into the hands of Thomas Haverfield of Hampton Court in the county of Middlefex, efquire, (being the faid Thomas Haverfield, hereinbefore mentioned), and to be by him applied towards the repair and amendment of the faid highway; and it was by the faid order further ordered and directed by the faid court there, that the faid Thomas Haverfield fhould levy the faid fine of one hundred pounds upon any one or more of the inhabitants of the faid parish of Windlefham, and apply the fame towards the raparation and amendment of the faid highway, and that he should receive and apply the faid fine as before directed, and account for the fame at the next general feffions of oyer and terminer to be held for the faid county of Surry, unless the then court fhould make other order refpecting the fame, as by the faid order fully appeareth: And the jurors aforefaid, upon their oath aforefaid, do further prefent, that the faid order having been fo made as aforefaid, and having been alfo duly ferved upon the faid Thomas Haverfield; and the faid Thomas Haverfield being about to levy the faid fine, fo impofed upon the faid inhabitants of the faid parish of Windlefham as aforefaid, and to apply the fame when levied towards the repair and amendment of the faid highway, according to the directions of the faid order; and in execution of the fame, the faid Sir Jofeph Mawbey, James Liptrott, Edward Cooper, and Ralph Leycefter, unlawfully and wickedly contriving and intending to obftruct and pervert the due course of justice, and to prevent and hinder the execution of

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the faid order, and to deter the faid Thomas Haverfield from fo
levying and applying the faid fine of one hundred pounds, under
and in pursuance of the faid order, and in execution of the fame
afterwards, and before the faid fine had been or was paid or levied,
and whilft he the faid Thomas Haverfield was fo about to levy and
apply the fame as aforefaid, to wit, on the first day of May, in the
thirty-third year of the reign of our faid lord the now king, with
force and arms, at the faid parish of Windlefham, in the faid county
of Surry, unlawfully did produce and deliver, and caufe and procure
to be produced and delivered unto the faid Thomas Haverfield a
certain paper writing in the form of a letter from the said Edward
Cooper, directed to the faid Thomas Haverfield, by the name and
addition of Mr. Haverfield, gardener to his majefty, at "Kew,
"Surry," touching and concerning the faid fine and the faid
highway, in the repair of which the faid fine was fo ordered and
adjudged to be applied as aforefaid, and purporting to contain a
copy of a certificate from certain perfons therein mentioned, which
faid lift mentioned paper writing was and is to the tenor and ef-
fect following," Sir, It is thought neceffary to furnish Mr.
you
"(meaning the faid Thomas Haverfield) with the underwritten letter.
copy of a certificate which has been handed up to Baron Hotham
"(meaning the faid Sir Beaumont Hotham herein-before-men-
"tioned, and fo as aforefaid, being one of the juftices before
"whom the said feffion of oyer and terminer was fo holden as afore-
“said, at which the faid fine of one hundred pounds was fo im-
pofed upon the inhabitants of the said parish of Windlesham as
"aforefaid, for not repairing the faid parts of the faid highway,
❝which were fo in and by the faid indictment alledged to be out of
"repair as aforefaid), in the hope that either his influence, or a
"petition to fuperior authority, may relieve the inhabitants of
"Windiefham (meaning the inhabitants of the faid parish of Win-
"dlefham in the faid county of Surry) from the burden that hath
"been imposed on them (thereby alluding to the faid fine of
"one hundred pounds which had been and was so as aforefaid im-
"posed upon the said inhabitants of the said parish of Windlesham),
"you will please to take notice, that the road (meaning the faid
parts of the faid highway, which were fo by the faid indictment
"alledged to be out of repair as aforefaid) in the opinion of for
"many gentlemen, fome of them of the first rank and refpect in
"the country, is in perfect repair, and that if you (meaning the
"faid Thomas Haverfield) unneceffarily lavifh any of the parish's
"money (thereby alluding to the faid fine of one hundred pounds,
"which had been and was fo imposed upon the inhabitants of the
"faid parish of Windlefham as aforefaid, and which was fo about
❝ to be levied and applied by the faid Thomas Haverfield as afore-
"faid thereon, meaning on the faid parts of the said highway which
"were fo by the faid indictment alledged to be out of repair as
"aforefaid), your accounts, (meaning the account of the faid
Thomas Haverfield, with respect to the expenditure of the faid
fine of one hundred pounds, under and in purfuance of the faid

"order

Cooper's

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