coke b MACKALLEYS case on a special verdict at the session of gaoldelivery  hold for Newgate in the that year of king James videlicet at the session of  gaoldelivery for Newgate hold for the city of London at the justiceball in the  oldbailey in the parish of saint sepulchre without Newgate in the suburb of  the say city upon Wednesday the five day of December in the that year of the  reign of the Lord James by the grace of God of England France and Ireland king  defender of the faith and of Scotland the that before William craven knight  mayor of the city aforesaid Thomas Fleming knight chief justice of the say  lord the king assign to hold plead before the king himself George snigg knight  one of the baron of the exchequer of the say lord the king John croak knight  one of the justice of the say lord the king of the bench at Westminster Edward  Bromley knight one of the baron of the say lord the king of his exchequer  aforesaid John Sotherton another baron of the exchequer aforesaid Henry  Montague knight recorder of the say city of London and other their companion  justice of the say lord the king by letter patent of the say lord the king to  they and other or to any four or more of they thereof make to inquire by the  oath of good and lawful man of the say city of London as well within liberty  as without by who the truth of the matter may best be know of whatsoever  treason misprision of treason insurrection rebellion and of whatsoever murder  felony manslaughter killings burglary misdeed offence and injury whatsoever  within the aforesaid city commit as in the say letter patent be specify and to  the say treason a other the premise accord to law and the custom of the  kingdom of the say lord the king of England coke a to hear and determine as  also the justice of the say lord the king to deliver the gaol of prisoner  there be assign by the oath of coke report b er p Ralph Edmund Leonard Harwood  John frost Edward Davies John Lyssant Francis Barton Edward Parnell Thomas  hyet Henry ken Edward motley Humphrey lee Richard Westcot William Fairbrother  Edward faucet and Thomas smith good and lawful man of the city aforesaid it be  present that whereas on Saturday the that day of November in the that year of  the reign of our Lord James by the grace of God of England France and Ireland  king defender of the faith c and of Scotland the that in the court of the lord  the king before Richard Pyot alderman then and as yet one of the sheriff of  the city of London aforesaid in his compter situate in the parish of saint  Michael in woodstreet London aforesaid accord to the custom of the city  aforesaid then hold one Robert Radford have levy a certain plaint upon a plea  of a debt upon demand of five hundred pound against one John Murray of London  esquire the tenor of which plaint follow in these word that be to say John  Murray esquire be summon against Robert Radford salt in a plea of debt upon  demand of five hundred pound and thereupon the aforesaid Robert Radford then  and there demand process against the say John Murray accord to the custom of  the city aforesaid to be serve upon which at the request of the say Robert  Radford in this sort in the same court it be proceed that the aforesaid  Richard Pyot then and yet one of the sheriff of the city aforesaid to one  Richard fall then one of the sergeant at mace of the sheriff and minister of  the court aforesaid by word of mouth accord to the custom of the city  aforesaid command that be the say sergeant at mace shall take and arrest the  aforesaid John Murray by his body if he shall be find within the liberty of  the city aforesaid so that he shall have the body of the say John Murray at  the next court of the say lord the king at the Guildball of the city aforesaid  situate in the parish of saint Laurence in the old Jewry in the ware of Cheap  London aforesaid upon Wednesday the saint day of November in the that and that  year aforesaid to be hold to answer the aforesaid Robert Radford in the plea  of his plaint aforesaid by virtue of which command the say Richard fall the  say John Murray afterward that be to say on the that day of the say month of  November in the say year of the lord the now king abovesaid between the hour  of five and six in the afternoon of the same day at London aforesaid that be  to say in the parish of saint Martin Bowyerrow in the ware of Farringtonwithin  London aforesaid in the common king highway there by his body take and coke b  arrest and then and there have in his custody and the aforesaid John Murray so  under the custody of the say Richard fall by virtue of the command aforesaid  then and there as before be say be it so then and there happen that the say  John Murray late of London esquire otherwise call John murry of London esquire  one John Mackall late of London yeoman otherwise call John Mackalley late of  London yeoman one John Engles late of London yeoman otherwise call John  English late of London yeoman and one Archibald miller late of London yeoman  not have the fear of God before their eye but move and seduce by the  instigation of the devil with force and arm that be to say with sword c to the  intent he the say John Murray from his arrest aforesaid then and there to  rescue in and upon the aforesaid Richard fall then and there make a assault  and affray in which say affray the aforesaid John Mackall otherwise call John  Mackalley with a sword call a rapier make of iron and steel of the value of d  which he the say John Mackall otherwise call John Mackalley in his right hand  then and there have and hold the say Richard fall in and upon the leave part  of his body under the leave shoulderblade of the say Richard felonious  voluntary and of malice aforethought then and there strike and thrust in give  to the say Richard fall then and there with the sword aforesaid call a rapier  in and upon the leave part of his body under the leave shoulder one blow and  mortal will of the length of half a inch and of the breadth of half a inch and  of the depth of inch of which say stroke and mortal will aforesaid the  aforesaid Richard fall then and there that be to say in the parish and ware  last aforesaid instant die and further the juror aforesaid present that the  aforesaid John Murray late of London esquire otherwise call John murry late of  London esquire the aforesaid John Engles late of London yeoman otherwise call  John English late of London yeoman and the aforesaid Archibald miller late of  London yeoman on the say that day of November in the coke report a er p year  that and that abovesaid between the hour aforesaid in the parish ware and  place last aforesaid felonious voluntary and of their aforethought malice be  present fight procure help abet and comfort the aforesaid John Mackall late of  London yeoman otherwise call John Mackalley late of London yeoman to the  aforesaid Richard fall in manner and form aforesaid to be kill and coke a  murder and so the juror aforesaid say that the aforesaid John Mackall late of  London yeoman otherwise call John Mackalley late of London yeoman John Murray  late of London esquire otherwise call John murry late of London esquire Joli  Engles late of London yeoman otherwise call John English late of London yeoman  and Archibald miller late of London yeoman the aforesaid Richard fall at  London aforesaid that be to say in the parish and ware last aforesaid  felonious voluntary and of their aforethought malice in manner and form  aforesaid kill and murder against the peace of the lord the now king his crown  and dignity c and upon this at the self same session before the aforesaid  justice the aforesaid John Murray otherwise murry John Mackall otherwise  Mackalley John Engles otherwise English and Archibald miller in the custody of  the say Richard Pyot and Francis Jones sheriff of the city aforesaid be in the  gaol of Newgate aforesaid to the bar there bring in their proper person come  and several be ask how of the felony and murder aforesaid they will acquit  themselves every one of they for himself several say that he be not thereof  guilty and thereof for good and in several put himself upon the country and  Richard Langley esquire who in this behalf prosecute for the lord the king  likewise therefore immediate come a jury thereof and the juror of that jury by  the sheriff aforesaid of the city aforesaid impanel be call that be to say  William Morgan Thomas dalbe Thomas Evans Thomas Austin Solomon green William  Chewn William ellil Metcalf Allington John drake William tailor Owen Davies  and Thomas Damport appear who to speak the truth of and upon the premise be  choose try and swear say upon their oath that the city of London be and from  all time whereof the memory of man be not to the contrary have be a ancient  city and that within the city aforesaid for all the time aforesaid there have  be a court of record hold in the compter situate in the parish of saint  Michael in Woodstreet aforesaid before one of the sheriff of the city  aforesaid for the time be and that within the city aforesaid there be such and  from the whole time aforesaid there be such a custom that in the aforesaid  court all and singular person from the whole time aforesaid be use to levy  plaint of plead of debt amount to whatsoever sum against any person whosoever  and to cause the same plaint to be enter in a book of the porter of the  compter aforesaid and that from the whole time aforesaid there be and be a  porter of the compter aforesaid which porter of the compter aforesaid for the  time be from the whole time aforesaid be a officer of one of the sheriff of  the city aforesaid to enter plaint coke b in form aforesaid levy in the book  of the porter of the compter aforesaid against any person whatsoever at the  suit of any person whatsoever in plead of debt amount to what sum soever in a  certain short and summary manner and that the plaint aforesaid in the book of  the porter aforesaid enter from the whole time aforesaid use to be transfer  and enter of record in the roll of the court aforesaid in due form of law  within reasonable and convenient time after the entry of the same in the book  of the porter aforesaid and that in the city aforesaid there be and for the  whole time aforesaid there be a custom that any person be a sergeant at mace  of the say sheriff and a minister of the court aforesaid at the request of the  party who plaint so be levy ex duty be use after the entry of the same plaint  in the book of the porter aforesaid as well before the entry of the same  plaint in the roll of the court aforesaid as after the entry thereof in the  roll of the court aforesaid to take and arrest by his body any such person  against who such plaint be levy to answer to the plaint of such person without  any other command by word of mouth or otherwise to such sergeant at mace and  minister of the court aforesaid in that behalf direct or to be direct and the  juror aforesaid say upon their oath aforesaid that on the aforesaid Saturday  the that day of November in the year of our Lord the aforesaid Robert Radford  citizen of London request the aforesaid Richard fall then one of the coke  report a er p sergeant at mace of the say Richard Pyot then one of the sheriff  of the city aforesaid that he the say Richard fall will cause to be levy a  plaint of debt of in the compter aforesaid at the suit of the say Robert  Radford against the aforesaid John Murray Esq and thereupon will arrest the  aforesaid John Murray to answer to the aforesaid Robert Radford in the plaint  aforesaid and the say Richard fall thereupon be at the say compter in the  parish of saint Michael in Woodstreet aforesaid and there on the say that day  of November in the that and that year aforesaid cause to be levy a plaint of  debt of l against the aforesaid John Murray at the suit of the aforesaid  Robert Radford which plaint then be enter in the porter book of the compter  aforesaid as in the like case usual it be and accord to the custom aforesaid  in these word sacred scripture John Murray Esq against Robert Radford salt  debt pledge fleat Streat by Richard FeIls sergeant which plaint afterward be  enter of record in the roll of the court of the compter aforesaid in these  word sacred scripture Saturday the that day of November in the that year of  the reign of king James of England France and Ireland and of Scotland the that  John Murray esquire S against Robert Radford salt in a plea of debt upon coke  a demand pledge of prosecute John fleat and Richard Streat by fall sergeant c  but the juror aforesaid upon their oath say that the entry aforesaid in the  roll of the court aforesaid make be on Monday the that day of November in the  that and that year aforesaid and not before and that the say Richard fall upon  Sunday the say that day of November with three other officer in his company  stay about the gate call Ludgate within the liberty of the city aforesaid by  virtue of the pIaint aforesaid to arrest the aforesaid John Murray as he shall  pass by and afterward when the say John Murray between the hour of five and  six in the afternoon of the say that day of November walk and pass by and  through Ludgate aforesaid in the common king highway with six other person in  his company the say person be arm the say Richard fall then be one of the  sergeant at mace of the say Richard Pyot then one of the sheriff of the city  aforesaid swear and know and a minister of the court aforesaid near Ludgate in  the say common king highway in the aforesaid parish of saint Martin Bowyerrow  in the aforesaid ware of Farringtonwithin London aforesaid come to the say  John Murray and he the say John then and there within the arm of the say  Richard by virtue of the premise take and hold and to the say John Murray as  in the word follow present say I meaning he the say Richard fall arrest you  meaning the say John Murray in the king name at the suit of Mr Radford the say  Robert Radford in the plaint aforesaid name meaning but the say juror say that  the aforesaid Richard fall at the time of the arrest aforesaid do not show to  the say John Murray any warrant or his mace but say that the aforesaid Richard  fall then carry and have at the back of the say Richard his mace and that none  of the officer aforesaid who come in the company of the say Richard fall any  weapon then bad and the say John Murray look about he and strive with the say  Richard fall then and there say to those person who come in the company of the  say John Murray in these English word draw draw rogue upon which the say John  Mackall otherwise Mackalley and John Engles otherwise English then and there  be in the company of the say John Murray draw their rapier and the say Richard  fall and John Murray then be fall upon the ground and the say Richard fall lie  uppermost the say John Mackall otherwise Mackalley with his rapier draw run to  the say Richard fall then and there to rescue the say Murray from the arrest  aforesaid and with his sword aforesaid the say Richard fall strike and thrust  in give unto the say Richard fall in and upon the leave part of his coke b  body under the leave shoulder blade of the say Richard the stroke and mortal  will in the indictment aforesaid mention of which will the say Richard fall  then and there that be to say in the parish and ware last aforesaid instant  die and further the juror aforesaid say that at the time of the kill of the  aforesaid Richard fall in manner and form aforesaid the say John Murray and  John Engles otherwise English be present and aid to the say John Mackall  otherwise Mackalley to he the say Richard fall in manner aforesaid to be kill  but whether upon the whole matter aforesaid by the juror aforesaid in form  aforesaid find the kill aforesaid of the say Richard fall in form aforesaid do  be murder coke report a er p or not the juror aforesaid be ignorant and  thereof pray the advice of the justice and court here and if upon the whole  matter aforesaid it shall seem to the justice and court here that the  aforesaid kill of the aforesaid Richard fall be murder then the juror  aforesaid say upon their oath aforesaid that the aforesaid John Murray John  Mackalley and John English be guilty and every one of they be guilty of the  murder of the say Richard fall in manner and form as by the indictment  aforesaid against they it be suppose and that they at the time of the murder  aforesaid in form aforesaid commit have no good or chattel land or tenement to  the knowledge of the juror aforesaid and if upon the whole matter aforesaid in  form aforesaid find it shall seem to the justice and court here that the  aforesaid kill of the aforesaid Richard fall in form aforesaid commit be not  murder then the juror aforesaid say upon their oath aforesaid that the  aforesaid John Murray John Mackall and John Engles be not guilty nor any of  they be guilty of the murder of the aforesaid Richard fall as they have allege  nor for that occasion ever withdraw themselves or any of they withdraw himself  and if upon the whole matter aforesaid in form aforesaid find it shall seem to  the justice and court here that the kill of the aforesaid Richard fall in form  aforesaid do be felony or manslaughter then the juror aforesaid say upon their  oath aforesaid that the aforesaid John Murray John Mackall and John Engles be  guilty and every of they be guilty of the felony and manslaughter aforesaid  and that they have no good nor chattel land or tenement c and far the juror  aforesaid say upon their oath aforesaid that the aforesaid Archibald miller in  the say indictment name of the felony and murder aforesaid be not guilty nor  for that occasion ever withdraw himself therefore it be consider by the court  that the aforesaid Archibald miller go thereof acquit without day c and  because the court here of give their judgement of and upon the premise concern  the aforesaid John Murray John Mackall coke a and John Engles be not yet  advice day be give to the aforesaid John Murray John Mackall and John Engles  until the next session of gaoldelivery aforesaid for the aforesaid city to be  hold they under the custody of the aforesaid sheriff in the mean while commit  safe to be keep for to hear their judgement thereof c and because the justice  aforesaid be not yet c