Taylor Benjamin Taylor and Samuel Walters otherwise called Samuel Dudley as such false traitors as last aforesaid on the said ninth day of June in the fifty-seventh year of the reign aforesaid with force and arms at the parish of Southwingfield aforesaid in the county of Derby aforesaid maliciously and traitorously together with a very great number to wit five hundred and more of the subjects of our said Lord the King whose names are to the said Jurors unknown then and there assembled with divers offensive weapons (to wit) swords guns pistols sticks and staves did parade and march with great noise and violence in through and along divers public highways villages and places (to wit) at the parish of Southwingfield aforesaid in the said county of Derby and did attack and beset the houses and habitations of divers liege subjects of our said Lord the King and did seize and take divers large quantities of arms (to wit) one hundred guns and one hundred pistols and other offensive weapons with intent by and with the said last mentioned arms further to arm themselves and other false traitors in order to attack fight with kill and destroy the soldiers troops and forces of our said Lord the King and other his liege and faithful subjects and to raise make and levy insurrection rebellion and war against our said, Lord the King within this realm and thereby to subvert and destroy the constitution and government of this realm as by law established (to wit) at the parish of Southwingfield aforesaid in the county of Derby aforesaid And further to fulfil perfect and bring to effect their most evil and wicked treason and treasonable compassing imagination invention device and intention aforesaid They the said Thomas Bacon Jeremiah Brandreth otherwise called John Coke othewise called the Nottingham Captain George Weightman William Turner Joseph Turner otherwise called Manchester Turner Isaac Ludlam the elder Isaac Ludlam the younger Samuel Ludlam William Ludlam Samuel Hunt Edward Turner Robert Turner Charles Swaine John Onion the elder John Mac Kesswick John Hill Joseph Rawson otherwise called Joseph Thorpe. Joseph Topham German Buxton Edward Moore Josiah Godber George Brassington William Adams William Hardwick John Wright Thomas Ensor Joseph Savage John Moore William Weightman Thomas Weightman Joseph Weightman the younger James Weightman Thomas Bettison Alexander Johnson John Bacon Joseph Weightman the elder James Barnes Edward Haslam John Horsley Samuel Briddon William Barker William Elliott James Taylor Joseph Taylor Benjamin Taylor and Samuel Walters otherwise called Samuel Dudley as such false traitors as last aforesaid on the said ninth day of June in the fifty-seventh year of the reign aforesaid with force and arms at the parish of Southwingfield aforesaid in the county of Derby aforesaid together with a great multitude of false traitors whose names. are to the said Jurors unknown to the number of five hundred and more armed and arrayed in a warlike manner (that is to say) with guns pistols swords clubs bludgeons and other offensive weapons maliciously and traitorously did ordain prepare levy and make public war against our said Lord the King within this realm in contempt of our said Lord the King and his laws to the evil example of all others contrary to the duty of the allegiance of them the said Thomas Bacon Jeremiah Brandreth otherwise called John Coke otherwise called the Nottingham Captain George Weightman William Turner Joseph Turner otherwise called Manchester Turner Isaac Ludlam the elder Isaac Ludlam the younger Samuel Ludlam William Ludlam Samuel Hunt Edward Turner Robert Turner Charles Swaine John Onion the elder John Mac Kesswick John Hill Joseph Rawson otherwise called Joseph Thorpe Joseph Topham German Buxton Edward Moore Josiah Godber George Brassington William Adams William Hardwick John Wright Thomas Ensor Joseph Savage John Moore William Weightman Thomas Weightman Joseph Weightman the younger James Weightman Thomas Bettison Alexander Johnson John Bacon Joseph Weightman the elder James Barnes Edward Haslam John Horsley Samuel Briddon William Barker William Elliott James Taylor Joseph Taylor Benjamin Taylor and Samuel Walters otherwise called Samuel Dudley against the form of the statute in such case made and provided and against the peace of our said Lord the King his crown and dignity [Third Count]-And the jurors aforesaid upon their oath aforesaid further present that the said Thomas Bacon Jeremiah Brandreth otherwise called John Coke otherwise called the Nottingham Captain George Weightman William Turner Joseph Turner otherwise called Manchester Turner Isaac Ludlam the elder Isaac Ludlam the younger Samuel Ludlam William Ludlam Samuel Hunt Edward Turner Robert Turner Charles Swaine John Onion the elder John Mac Kesswick John Hill Joseph Rawson otherwise called Joseph Thorpe Joseph Topham German Buxton Edward Moore Josiah Godber George Brassington William Adams William Hardwick John Wright Thomas Ensor Joseph Savage John Moore William Weightman Thomas Weightman Joseph Weightman the younger James Weightman Thomas Bettison Alexander Johnson John Bacon Joseph Weightman the elder James Barnes Edward Haslam John Horsley Samuel Briddon William Barker William Elliott James Taylor Joseph Taylor Benjamin Taylor and Samuel Walters otherwise called Samuel Dudley being subjects of our said Lord the King not having the fear of God in their Hearts nor weighing the duty of their allegiance but being moved and seduced by the instigation of the devil as false traitors against our said Lord the King and wholly withdrawing the love obedience fidelity and allegiance which every true and faithful subject of our said Lord the King should and of right ought to bear towards our said Lord the King on the said ninth day of June in the fifty-seventh year of the reign aforesaid and on divers other days and times as well before as after with force and arms at the parish of Southwingfield aforesaid in the county of Derby aforesaid maliciously and traitorously amongst themselves and together with divers other false traitors whose names are to the said jurors unknown did compass imagine invent devise and intend to levy war against our said Lord the King within this realm in order by force and constraint to compel him to change. his measures and counsels and the said last-mentioned compassing imagination invention device and intention did then and there express utter and declare by divers overt acts and deeds herein-after mentioned (that is to say)-The indictment then states the same five overt acts charged in the second count. On the 25th of September, two several Special Commissions of Oyer and Terminer, and General Gaol Delivery, dated the 26th day of August, were opened at Derby, before the Honorable Mr. Justice Abbott and the Honorable Mr. Justice Holroyd, and on the 26th the Prisoners who were in custody were set to the Bar, (several of them having been removed for that purpose from the county Gaol of Nottingham by Writs of Habeas Corpora) and at their request John Cross, Esquire, and Thomas Denman, Esquire, were assigned as their Counsel; and the Court directed that the Prisoners Counsel and Solicitors should have access to them at all seasonable hours. The Sheriff was ordered, on the motion of the Attorney General, to deliver to Mr. Litchfield the Solicitor for the Prosecution, a list of the Jury to be returned for the Trial of the Prisoners, and the Court adjourned to Wednesday the 15th of October. On the 2d of October, Mr. Litchfield delivered to each of the several Prisoners a copy of the Indictment, a list of the Petit Jurors, and a list of the Witnesses to be produced by the Crown for proving the said Indictment. |