Page:The English Reports v1 1900.pdf/1011

Common-hall assembled, and also all other officers of the said city, should do and perform all such other like things, and should respectively have and exercise the same powers, authority, and jurisdiction as the Mayor, Recorder, Aldermen, and Common-Councilmen, or other officers respectively were accustomed, or could do, exercise, or perform respectively, at or before the time of rendering the said judgment, and in as ample manner and form as though no such judgment had ever been rendered: as by the said letters patent of the said late King James the Second, amongst other things, more fully appears. Which said letters patent the said Mayor and Citizens of the said city of Chester, afterwards, (to wit,) on the said 26th day of October, in the said year of our Lord 1688, and in the said fourth year of the reign of his said late Majesty King James the Second, did accept and agree unto, (to wit,) at the city of Chester aforesaid, in the county of the same city. And the said Coroner and Attorney of our said Lord the now King, for our said Lord the now King, in fact says, that the said information in the said letters patent last aforesaid mentioned and referred to, was and is the said information, in the nature of a quo warranto, exhibited by the said Sir Robert Sawyer, Knight, as aforesaid, (to wit,) at the city of Chester aforesaid, in the county of the said city. And the said Coroner and Attorney of our said Lord the now King, for our said Lord the now King, also in fact says, that the judgment in and by the said letters patent of the said late King James the Second, mentioned to be given against the said Mayor and Citizens of the said city of Chester, in the term of St. Hilary, in the 35th and 36th years of the reign of the late sovereign Lord King Charles the Second, was and is the said judgment given and pronounced by the court of the said late King Charles the Second, before the King himself, against the said Mayor and Citizens, upon the said information exhibited by the said Sir Robert Sawyer, Knight, Attorney-Ge-[358]-neral of the said late King Charles the Second, against the said Mayor and Citizens as aforesaid, (to wit,) at the city of Chester aforesaid, in the county of the same city. Wherefore the said Coroner and Attorney of our said sovereign Lord the now King, for our said Lord the now King, says, That the said letters patent of the said late King Charles the Second, by the said Thomas Amory, above in his said plea mentioned, from and after the granting and acceptance of the said letters patent of the said late King James the Second hereinbefore-mentioned, did cease, determine, and become void and of no further effect, (to wit,) at the city of Chester aforesaid, in the county of the same city. All which matters and things the said Coroner and Attorney of our said sovereign Lord the now King, for our said sovereign Lord the now King, is ready to verify, and prays that the said Thomas Amery may be convicted of the premises above charged upon him in and by the said information, by the said Coroner and Attorney of our said Lord the now King exhibited against him; and that the said Thomas may be forejudged, and excluded from the aforesaid office of an Alderman of the city of Chester, and from the liberties, privileges, and franchises belonging and appertaining to the said office.

And the said Thomas Amery as to the said several matters which the said Coroner and Attorney hath above prayed may be inquired of by the country, doth so likewise. And as to the said plea of the said Coroner and Attorney, by him first above in reply, pleaded to the said plea of the said Thomas Amery, by him above pleaded in bar, the said Thomas Amery saith, that our said Lord the King ought not by reason of any thing therein alledged, further to prosecute his said information against him the said Thomas Amery, because he saith, that the said order in council, under the privy seal of the said privy council in that plea above in reply pleaded mentioned, was not signified to the said Hugh Starkey, Richard Leving, the Right Hon. William, Earl of Derby, Col. Robert Werden, Sir Thomas Grosvenor, Sir Peter Pindar, Sir Richard Dutton, Peter Shackerley, Thomas Simpson, William Ince, Thomas Wilcock, Robert Murrey, William Wilme, Hugh Grosvenor, John Sparke, William Wilson, Randal Oulton, Francis Skellerne, William Allen, William Starkey, Henry Bennett, William Bennett, Valentine Short, Peter Bennett, Edward Starkey, Jonathan Whitby, James Hutchinson, Randal Vause, John Johnson, John White, Randal Holme, Elizeus Lloyd, Bradford Thropp, John Gouldbourn, Richard Taylor senior, Richard Taylor junior, John Minshall, Joseph Dyason, John Crichley, Caldecott Aldersey, Edward Partington, Randal Oulton, John Burroughs, Pulseton Partington, Samuel Heath, Richard Oulton, Thomas Maddocks, Thomas Waringham, Henry Crosbie,