[Court of] The TEMPORAL GOVERNMENT. [Oyer and Terminer.]386

[Court of] The TEMPORAL GOVERNMENT. [Oyer and Terminer.]

into it; but sometimes only standing upon the Pillory for an Hour's Space in Public Places; as the Royal Exchange, Temple Bar, the Maypole in the Strand, against Westminster Hall, or near the Place where the Party injured resides, or desires he should stand. By the Law, the Criminals sometimes have their Necks put into the Pillory, and their Ears being nailed to it, to be cut off; sometimes burnt with a P for Perjury. And the Trees growing upon his Ground, if he had any, were rooted up, and his Goods confiscated.



THESE Offences are commonly punished by standing on the Pillory, and sometimes to have one or both Ears nailed to the Pillory, and cut off; or for Blasphemy or the like, to be whipped to and from the Pillory, and whilst they are in the Pillory, to have their Tongues bored thro' with a hot Iron.

The Prison for these Criminals, and such like Malefactors, is Newgate.]

The Executions of Malefactors, however they are done monthly (a Month seldom failing throughout the Year, but several ignominiously end their Lives at Tyburn) do not restrain wicked Men and Women from committing their Thefts Burglaries, Murthers, and Felonies. One Cause whereof are the Reprieves the Condemned do so frequently obtain. Which both encourage Sinners to go on in their evil Courses, and hinder the Confessions of their Accessaries, and the sincere Repentances which otherwise they would make. As the late Ordinary of Newgate observed in one of his Execution Papers in the Month of October, Anno 1705, concerning one Richard Lewis, a Butcher, condemned for Robbery: That one thing that made him backward to prepare for Death was, that a certain Person offered to use his Interest to get him a Reprieve. And for that received two Guineas and an half Guinea, and one Crown Piece; besides a Guinea spent upon his Friends in Wine, and such like Treat: And a Note also given him to pay him ten Guineas more when the thing was effected. And yet the Person, desirous of more Ready Money, did to that purpose write to Lewis some Letters. And this was the Transcript of one of them.

The Harm of Reprieves for Malefactors condemned.

J. S.

"I have been at the Secretary's Office twice, to know the issue of what I have been about, but could get nothing nore than what was told me before; That what I had left, should be look'd into, and if things appear as I have undertaken to make them appear, I should have a Reprieve It cost me more than what I have had from you; and I expect more towards what Expences I may be at. And when you have supplied me, I shall go and know what must be depended on."
J. E.

These Commssions of Oyer and Terminer afford great Ease and Commodity to the City: Whereas in former times the Kings of England appointed not the Maior, Recorder, &c. to be Judges of Misdemeanours against the King within the City, at monthly Sessions, but Judges Itinerants at the Tower, to sit on the Pleas of the Crown now and then, at uncertain times, when the King was minded to squeeze, or humble the City. And when they came, they proceeded with such Rigour in their Inquisitions against the City, that the Citizens were often fined severely, and sometimes imprisoned, and sometimes the City's Charter was seised into the King's hands: Which proved so burthensome unto the City, that theyat last got these Itineraries superseded by Act of Parliament, and the present Practice of holding the Commissions in the Old Baily by themselves, established in the room.

Pleas of the Crown held at the Tower anciently.

J. S.

It may not be amiss, to shew something of the Manner and Practice of these Pleas of the Crown antiently by the said Judges Itinerants, to shew how Matters stood with the City in former Days.

There is a Tract in the Custody of the Town Clerk of Lodon, with this Title, The Manner and Order how the Barons and the rest of the Commonalty of the City ought to behave and carry themselves towards the King and his Justices at the time, wherein it should please the King to hold the Pleas of the Crown at the Tower, concerning Attachments, Accidents of Murder, &c. Some Collections out of which are as follow: as I translate it from the Latin.

The Manner and Order thereof in respect of the Citizens. Lib. Alb. f. 16.

Magnates, &c. i.e. The great Men and the discreeter sort of the City, were wont to meet in a certain convenient place, to pacify Angers, Rancors, and Discords, which had before arisen in the City. That so by renewing Peace and Amity among them, they might be in Will and Act as one Man and one People, save themselves harmless, and their Customs and Liberties.

If by some Chance any made Disturbance in the City, and disquieted the Citizens, he was to be reckoned, among his Fellow Citizens, a public Enemy, and as well he, as his Heirs, were to be deprived of the City for ever. And that because by reason of such a turbulent Citizen, the King might take into his hands the City and Liberties, to the Grievance and Detriment of the whole City.

The King sometimes sent his Letters to summon the Attachments of his Crown. But if it happened that the Day of the Summons prescribed, was dated to a less Term than to that of forty Days, then discreet and solemn Men were sent to shew the King and his Council that he would give them another Day; because, according to their old Liberties and Customs, they ought not to be summoned to such Attachments to a less Term than forty Days at least.

When they received Commandment (the Liberties of the City being safe) to shew and plead the said Attachments, Accidents of Death, &c. then all the Aldermen made all the Rolls through each Ward; wherein were contained Pledges and Attachments belonging to the Crown, to instruct and warn the Neighbours to meet at the Day appointed at Berking Cherche, and thence go up to the Tower of London, that they might answer discreetly and providently to the King and his Justices, of those things that would be objected to them.

On the Day of making these Pleas of the Crown, the Custom was, that early in the Morning, all the Laity of the City came together to Berking Cherche, and thence, all being decently and well clad, entred into the Tower; and while these Pleas lasted, no Sheds, Shops, Cellar, Solar, [or Chamber] wherein saleable things were either sold or made, were opened.

The same Day, from the Common Council of the City, were sent forth out of Berking Cherche, six or more of the more solemn, worshipful, and discreet Barons of the City, who should go into the Tower of our Lord King, and his Council and Justices, on the behalf of the City, to salute and welcome them; praying them, that if it pleased the King, they might appear before them in the said Tower without Danger, and to keep to the Maior and the rest of the Citizens, their Liberties and Customs safe: Because the King and all his Predecessors Kings of England, and their Justices always preserved to all the Citizens, their Liberties and Customs safe and indemnified.

The same Men also shewed to the King, his Council and Justices, that they forbid on the be-