455. + Francis Andrews was indicted upon a suggestion, for not surrendering himself according to the direction of the act of parliament of the 19th year of his Majesty's reign, and according to the order of council, within forty days after the first publication of the said order in the London Gazette .
The several issues contained in this suggestion the prisoner denied, and therefore it was incumbent on the part of the crown to prove them.
Coun . for the Crown. What have you in your hand?
Co. for the Cr. Was you present when the information was taken?
Chaworth . Yes.
Chaworth. Yes; and he was sworn to the truth of it.
Co. for Cr. Was it read to him?
Co. for Cr. Did Justice Burdus sign it?
Chaworth . I saw Justice Burdus sign it.
Co. for Cr. Was this information carried to the duke of Newcastle's office?
Chaworth. I carried it on the 16th of July to Mr. Ramsden, at the duke of Newcastle's office.
Pris. Co. Did you know this Sealy?
Chaworth. I had seen him before, and I have seen him in this court, and several other places.
Pris. Co. Did you see Sealy sign his name to it before Justice Burdus?
Chaworth. I did.
'' That Francis Andrews , late of Debenham , in the county of Suffolk, labourer; William Rowland , with divers other persons, to the number of thirty, on the 20th day of May, 1747. at Benacre , in the county of Suffolk, were assembled with firearms, and other offensive weapons, and were aiding and assisting in running and landing uncustom'd goods; and that they did run about twenty hundred weight of tea, and about thirty half-anchors of brandy.
The certificate under the hand and seal of Justice Burdus , certifying that the said information was taken before him the 13th of August 1747. was read.
Sharps . On the 7th of August 1747. I attended at the council at Kensington, and the duke of Newcastle brought it, and laid it before his Majesty in council; and his Majesty made an order to be immediately issued for the prisoner, and all the other persons mentioned in that order, to surrender themselves within forty days after the first publication of that order in the London Gazette: and I sent it to the printer of the London Gazette, to be published in the two next succeeding Gazettes.
Co. for the Crown. I defire Mr. Owen may be called to prove the publication of this order in the two next succeeding Gazettes.
[The order of council was read.]
Co. for Cro. I think you are the printer of the London Gazette.
Owen . Yes.
Q. Had you any directions to publish any order of council?
Owen, I had an order, of the 7th of August, which I received from the council-office, to print it in the two next London Gazettes ; and it was published in the Gazettes of the 8th and 11th of August.
[The order of council published in these two Gazettes were read.]
Co. for Cro. What office did you bear in the county of Suffolk in the year 1747?
Stisted . The office of under-sheriff.
Co. for Cro. Do you know any thing of an order of council being sent down to the sheriff of the county of Suffolk?
Stisted . On the 10th day of August 1747. an order of council, which I now have in my hand, was brought to Ipswich by a messenger from Mr. Sharpe, a clerk of the council, to Mr. Robert Edgar , late high-sheriff of the county of Suffolk. Mr. Edgar sent for me, while the messenger was with him, and delivered the order of council to me in the messenger's presence; at the same time I wrote a receipt for it. Some short time afterwards, whether it was the same day, or the next, I can't be positive, my clerk made two copies of the order, which I examined with the original, and found them to be true copies. Upon the 16th of August I inclosed the two copies which I had before examined with the original order, in a letter, directed to William Smith , sheriff's officer at Beccles , and gave him full orders to proclaim the same, according to the directions of the act of parliament: I sealed the letter myself, and put it into the post-office with my own hand.
Co. for Cr. Are Leostoss and Beccles two market-towns ?
Stisted . They are both market-towns.
Co. for Cr. How far are they off Benacre ?
Stisted . I believe they are both within 5 miles.
Pris. Co. What distance is Leostoss from Benacre ?
Stisted . I believe about 4 or 5 miles.
Q. Did you write them?
Stisted . My clerk wrote 'em, and I examin'd 'em.
Co. for Cr. In the year 1747. did you receive any order of council?
Q. Who did you receive them from?
Smith. From the under-sheriff of the county of Suffolk.
Q. Did you make proclamation of them?
Smith . Yes; I proclamed them.
Smith. One at Leostoff , on Wednesday the 19th of August, between 11 and 12.
Q. What did you do then?
Smith. I nailed it up at the cross.
Q. What did you do with the other order?
Smith. I proclaimed that at Beccles on a Saturday, on a market-day, the 22d of August, between the hours of twelve and one, and nailed it up at the cross.
Cl. Arraigus . Gentlemen of the Jury, do you find all the issues contained in the suggestion for the King, or for the prisoner?
Jury. For the King .
Pris. I know nothing of these things.