On Thursday and Friday, being the First and Second Days of June, 1704.
And in the Third Year of Her Majesty's Reign.
THE Sessions of Peace, of Oyer and Terminer, and and Goal-delivery of Newgate, held at the Justice-Hall in the Old-Baily, on Thursday and Friday, being the First and Second Days of June 1704. before the Right Honourable Sir John Parsons , Knt. Lord Mayor of the City of London, and Sir Lathiel Lovel Knight, Recorder of the said City, with divers of Her Majesty's Justices of the Peace; for the City of London, and County of Middlesex.
The Jurors are as followeth.
The Proceedings were as followeth.
Jane Egglestone of the Parish of St. Andrews Holbourn , was Indicted for Feloniously Stealing a Holland Sheet, and a Pillowber, from William Stanton , and two pair of Ruffles, and a Suit of Laced Muslin Head-Cloaths, the Goods of John Welch , on the 6th of May last . The first Evidence deposed, That the Prisoner opened the Hatch, and got into the House, and took the Goods, and put them them into her Apron, and was going her way; upon which she askt her who she would speak withal? And she said, she came to spake with a Woman that work'd for my Lady Goreing; but mistrusting her, took her into the Parlour, where the Goods were found upon her. She denyed that she was ever in the House. But it appeared to the contrary, and the Prosecutor's having their Goods again; the Jury considering the matter, found her Guilty to the value of 10 d.
Susan Davis , of the Parish of St. Christophers , was Indicted for feloniously Stealing 3 Gold-Rings, value 30 s. from John Prittyman , on the 12th of May last. It appeared that she was a Servant in the House, and took the Goods, and as soon as they were miss'd she went away, but being afterwards taken, confest that she took them; and said, she would make satisfaction for them: Upon her Tryal she denyed the Fact, saying, she found them sweeping the House, and did not steal them; but could not prove it, or call any to her Reputation. The Jury found her Guilty .
Elizabeth Miller , and Ann Hutchins , of the Parish of Christ-Church , were indicted for feloniously Stealing four Buck-skins, value 4 s. from Thomas Bodington , on the 4th of May last. It appeared that they came into the Shop, pretending to buy some Shammey-Skins for the Lining of Breeches, and whilst he was busie showing them some, one them took the Goods, and they went away together; but going along the Street, a stranger saw some of the Goods under Miller's Petticoats, who mistrusting them, gave notice of it, and it being told the Prosecutor, he pursued them, and brought them back, and found the Skins upon Miller. It appeared that they were both of them Confederates together, and could not call any to their Reputations: the Jury found them both Guilty .
Mary White, alias Parker , of the Parish of Creed-Church , was indicted for privately stealing 2 pair of Bodice value 18 s. out of the Shop of Francis Kade , on the 12th of May last. The Prosecutor deposed, That the Prisoner came into his Shop, pretending to buy a pair of Bodice, and whilst his Back was tnrnep, she took the Goods, and afterwards went away; but being pursued, she was taken at the George in Camomile-street with the Goods upon her. She denyed the Fact, saying, she met with a Gentlewoman, who desired her to carry them for her; but could not prove it, or call any to her Reputation; the Jury found her Guilty to the value of 4 s. 10 d.
Ann Jones , of the Parish of St. Ann and Agnes , was indicted upon two Indictments, the first for privately stealing 11 Yards of Bone-Lace, out of the Shop of John Cox , on the 8th of May last ; And the second for privately 26 Yards of Bone-Lace out of the Shop of Edward Johnson , on the 8th of May last . It appeared that she came into the Lace-Chamber, and cheapned Lace of divers People, as also of the Prosecutor's, but being mistrusted, they followed her down the Stairs, and searching her, found the Goods upon her. She denyed the Fact, saying, that they were given her to carry by one Sarah Collet ; but could not prove it, or call any to her Reputation; and the Prosecutors having their Goods again, which the Jury considering, found her Guilty of both Indictments to the value of 10 d.
Thomas Hunter, alias Sir Robert , of the Parish of St. Pauls Shadwell , was indicted upon four Indictments, for Burglary, the first for breaking the House of Isaac Bird on the 2d of May last, about two in the Night, and taking thence a Ham of Bacon, 5 Bottles of Cyder, and two Papers of Tobacco ; the second for breaking the House of Henry Gibbs on the 28th of April last, and taking thence 8 Indian Curtains, 4 Vallens, a Squab, and divers other Goods ; the third for Breaking the House of Samuel Farmer , on the 28th of April last, and taking thence 5 Silver Spoons, a Huckaback Table-Cloath, and a Sword ; the fourth for breaking the House of Margaret Christian , on the 2d of May last, and taking thence a Cheshire Cheese, a Bottle of Brandy, and two pound of Sugar-Cakes . As to the first Indictment the Prosecutor said, That his House was broke and his Goods gone; but hearing that some Men were taken up by the Constable, went, where was the Prisoner with the Goods upon him, and said, that he knew it to be his, by reason it was marked. Another Evidence[Text unreadable in original.] was in the Robbery with the Prisoner, and that they broke open the House with a Betty, and took the Goods ried them to Armseed Clear. As to the the Prosecutor said, Her House was broke, and Cheese, Brandy, and Sugar Cakes; and one that was in the Robbery declared, that they took the Goods and being in Drink they made every one drink Brandy and Cyder as they met, till they were stopt by the Constable. He denied the Fact, saying, That he knew nothing of these matters, neither did he know any of the Evidence: which being utterly false, and he could not call any to his Reputation, the Jury found him Guilty of the three Indictments for Burglary, and found him Guilty of Felony only to the second Indictment .
Augustin alias Sebastian Rice of the Parish of Stepney , was indicted upon two Indictments for Burglary, the first for breaking the House of Luke Sapsford on the 14th of April last, with an intent to steal his Goods , and the second for breaking the House of Thomas Abbot on the 13th of April , and taking thence 25 dozen of Handkerchiefs, a Hood and Scarf, a Guinea, and 20 s. and 6 d. in Money ; as to the first Indictment, the Prosecutor deposed, That his House was broke; and other Evidences were the Constable and a Watch-man, who deposed, that seeing a Light in the Prosecutor's Cellar, they went over the way, and finding the House broke, and People in it, cryed out Thieves, and on a sudden one of them cockt a Pistol, and held it at the Constable's Breast, who struggling with him, fired it off, and mist the Constable at first, but firing again, shot the Constable through the Hat, and the Watch man into the Shoulder, and by that means they got away, and left their Hats behind them in the Cellar. Another Evidence deposed, That he and the Prisoner, and some other Persons, broke open the House with a Betty, with an intent to steal the Goods. There was other Evidence deposed, That after they had been gone for an Hour they came again, and fired at the Watch-man, and would have killed him, by reason he had disappointed them of their Robbery: As to the second Indictment, the Prosecutor said that his House was broke open, and his Goods gone. But one that was in the Robbery gave Evidence, that he, the Prisoner, and another Person, broke open the House with a Betty and took the Goods. There was other Evidence against him, that he had been an old Offender, and broke out of the Gate-house through a Wall four Foot thick. He denyed both the Facts, saying, He knew nothing of it: but that did not avail him, for he could not call any to his Reputation, the Jury found him Guilty of both Indictments.
Mary Dean , of the Parish of St. Clements Danes , was Indicted for privately stealing a Gold-Ring, value 10 s. out of the Shop of John Warner . The Prosecutor deposed, That she came into the Shop, pretending to buy a pair of Buckles, and after sometime she desired to see a small Ring, and showing her some, she conveyed one of them away, but missing it, let her go out of the Shop, but presently fetcht her back; but she denyed it stoutly at the first, and desired to be searcht, which they did, but could not find any thing about her, but remembring she had laid her Riding-hood upon the Compter, searcht it, and between the Lining found the Ring. She had little to say for her self upon her Tryal, and the Prosecutor having his Goods again, the Jury considering the matter, found her Guilty to the value of 10 d.
John Good , of the Parish of St. Giles in the Fields , was indicted for the Murther of one Anthony Bighton , on the 25th of May last, by drawing a Near-Wheel of a Coach hover the Breast of the Deceased of which he instantly Died . It appeared to be done by Accident, and the Prisoner call'd divers Witnesses to prove that he did as much as he could to prevent it by pulling back the Horses Reigns; which the Jury considering acquitted him.
Jeremy Barret and John Smith of the Parish of Hanwell , were indicted for feloniously stealing 3 Pound Weight of Loaf-Sugar, 4 Ounces of Nutmegs, and 18 l. in Money , from Thomas Wats , on the 4th of May last. The Prosecutor said, that his Shop was broke open at Brentfort-Market , and his Good gone, which were afterwards found upon the Prisoners, who confest the same. The Jury considering the Matter, found them both Guilty to the value of 10 d.
Mary Warters alias Pines and Martha Watson , of the Parish of White-Chappel , was indicted upon two Indictments, the first for Feloniously stealing 15 Yards of Muslin from John Hinton , on the 17th of May last, and the 2d for privately Stealing 2 Silk and Cotton Handkerchiefs, and an Ell of Muslin out of the Shop of Thomas Burgon ; as to the first Indictment it appeared that the Prisoner came into the Shop pretending to buy some Muslin, and whilst he was buisy they conveyed away the Goods, put did not miss any thing: But sometime after hearing a Noise, and the Prisoners being brought before the Justice, the Goods were found on Warters. The Jury found her Guilty of Felony, and found Watson guilty to 4 s. and 10 d.
As to the second Indictment, it appeared that Watson and another Person came into the Shop, pretending to buy some Muslin, they took the Goods and gave them to Warters, who was hovering about the Door, and went away with them, which were afterwards found upon her; when taken they both denyed the Fact, but could not call any to their Reputation; and Warters being an Old Offender, the Jury found her Guilty of privately Stealing, and Watson only of Felony, to the value of 4 s. 10 d.
Benjamin Carr , of the Parish of St. Buttolphs without Aldersgate , was indicted for feloniously Stealing a bright Bay Gelding, value 8 l. from William Wright , on the 7th of January last; the Prosecutor said he lost his Horse, from Mile-End , which was afterwards found sold by the Prisoner who said that he bought it in Yorkshire for 50 s. and did not disown he sold it, and said that he had a Letter from his Witnesses, who could prove the truth of it, but being so far off could not have them on his Tryal, the Jury acquitted him.
Mary Bennet, alis Cavenanah , of the Parish of St. Martins in the Fields , was indicted for Feloniously Stealing a Suit of Head-Cloaths, a brass Candlestick, and tinder Box , the Goods of Henry Suttleburgh , on the 15th of May last, the Evidence deposed, that when the Prisoner was taken, she confest the same, and it being her first fault the Jury found her Guilty to the value of 10 d.
W - T - and H - I - were Indicted for a Wisdemeaner for Cheating the late King William of divers Summs of Money, on his Duty of Excise ; for that the said T. being a Sworn Officer , and Ganger , did contrary to his Oath and Trust reposed in him combine with the said I - who was Clerke of a Brewhouse , belonging to one Prisca Coberns Widdow at Bromley, and that at several times they did conceal divers quantities of Strong and Small Beer, particularly on the 11th of August 1700. There was Brewed 30 Barrels of strong Beer and 8 of small, which account was never returned into the Excise Office; And also on the 11th of November following, there was Brewed 30 Barrels more of strong Beer, and 7 of small, which Monies they shared between them, and no account thereof given to the Excise Office; All which Fact was proved against them, the Jury found them both Guilty of the said Misdemeaner.
Elizabeth Fox of the Parish of St. Giles in the Fields , was indicted for Feloniously Stealing an Alamode Hood, and Scarfe, 4 Sheets, 3 Guineas, and 8 s. in Silver , from Thomas Mitchel , on the 29th of February last, the Prosecutor said, that the Prisoner was a Nurse in the House, and his Wife and he being both Sick, she took her opportunity to go away with the Goods; the Prisoner denied it upon her Tryal, saying, she knew nothing of it, but could not give any account why she went away without leave, the Jury found her Guilty .
John Davis , of the Parish of St. Clements Danes was, indicted for secretly taking a Gold Watch value 8 l. from John Golding , on the first of May last, the prosecutor said, that he was going home late at Night, and by Temple-Bar a Watchman run him up to the Wall, and in the mean time his Watch was gone; but giving notice to the Brokers if any such thing should come to their hands they should send for him and accordingly it was found Pawned in Drury Lane by the Prisoner, who said that he had it of one Elizabeth Jones who was his Brother Soldiers Wife. And the Prosecutor could not say he took it from him, the Jury acquitted him.
Mary Wells , was indicted for a Misdemeaner for Dropping a Child in the Parish of St. Pancras Soper-Lane , whereby it became Chargeable to the said Parish , the Evidence was against her was not full enough to Convict her, the Jury acquitted her.
Sarah White , of the Parish of St. Martins in the Fields , was indicted for Picking the Pocket of William Walters , on the 2d of August , in the first Year of the Queen, and taking from him 7 s. 6 d. The Prosecutor said, That he was in the Kitchen, in a House by Charing-Cross , and she came up to him and pickt his Pockt, and would not give give him his Money again; which she denyed upon her Tryal, saying, If she had done any such thing, he might have taken her up all this while: The Jury considering the matter, acquitted her.
Rachel Griffin, alias Lewis , of the Parish of Whitechappel , was indicted upon two Indictments, the first for feloniously Stealing 15 Yards of Muslin from John Hinton , on the 17th of May last; and the second for privately stealing two Silk and Cotten Handkerchiefs, and divers other Goods, out of the Shop of Thomas Burgon . There was no Evidence on both the Indictments to prove she took them: The Jury acquitted her on both Indictments.
Thomas Hunter , was a fifth time indicted for a Burglary, for Breaking the House of John Arins , on the 29th of April last, about One in the Night, and taking thence 60 Yards of Crape, 92 Yards of Serge, and divers was other Goods of James Voyden . It appeared that the House broke open upon a Sunday Morning, and the Goods taken away. There was another Evidence, who said, That he was in the Robbery with him. The Prisoner denyed it, saying, He did never see the Prisoner, nor was never there, which appeared to the contrary; the Jury found him Guilty of the said Burglary.
Peter Furlong, was indicted for High Treason; for that he being born within the Queen's Dominions, did become a Seminary Priest, and voluntarily did reconcile himself according to the See of Rome . There was but one Evidence against him, who said, That he knew him at Cadiz in Spain, and that he was then reputed to be a Priest, but declared that he never saw him officiate such an Office, but that he was always accounted for such a one, and could not tell where he was born: So the Evidence being insufficient to convict him, he was acquitted .
H - C - of the Parish of St. Martins in the Fields , was indicted for the Murther of one Jeremy Maccarty , on the 6th of May last, by giving him one Mortal Wound with a Sword, near the Breast, of which he instantly dyed . The Fact appeared only to be Manslaughter, the Jury found him Guilty thereto .
Thomas Betty of the Parish of St. Margarets Westminster , was indicted for feloniously Stealing a Pewter Cullender, 2 Basons, 21 Dishes, 5 Sconces, and divers other Goods of Katharine Bushell , on the 3d of February last. It did not appear he stole them, and the Prisoner alledged that coming to fetch his Linnen from Washing, they seized him, who knew nothing of it; the Jury acquitted him.
James Donglas , Esq ; of the Parish of St. Margaret's Westminster , was indicted for a Rape committed on the Body of one Martha Thomas Spinster , on the 4th of March last : But it not appearing to be a Rape, the Jury acquitted him.
Nathaniel Adams , of the Parish of St. Buttolphs without Algate , was indicted for feloniously stealing 11 Neats Tongues, 10 l. of Pork , the Goods of our Soveraign Lady the Queen , on the 3d of May last. There was no Evidence to prove that they were Her Majesty's Goods, and he calling divers People to his Reputation, the Jury acquitted him.
Jane Smith, alias Slayman , of the Parish of Saint Giles in the Fields , was indicted for feloniously Stealing a Silver Watch, value 3 l. from John Bonner , on the 2d of October , in the second Year of the Queen. There was no Evidence could prove they saw her take it, they Jury acquitted her.
Elizabeth Hewit, alias Greencourt , of the Parish of Stepny , was indicted for Robbing one Ann Abbot an Infant under the Age of 6 Years, on the High-way, and taking from her a Gold Chain, value 6 l. the Goods of one John Kilby . There was no Evidence that saw her take it, and she alledging that the Witnesses had a Grudge against her, the Ivry acquitted her.
Mark Silvesterr , of the Parish of St. Andrews Holbourn , was indicted for Felony and Burglary, for Breaking the House of Gabriel Loach , on the 29th of April last, about 9 in the Night, and taking thence a Callico Gown and Petticoat, and divers other Goods . It appeared that the Prisoner was seen by the Prosecutor's Wife coming out of the Window with some of the Goods under his Arm; and crying out Stop Thief, the Prisoner was taken with some of the Goods, and the rest he flung into a Window to further his escape. The Prisoner said he found them at the Door, but could not prove it; and there was none could say he broke the House, and it being Twilight, the Jury found him Guilty of Felony, and acquitted him of the Burglary .
Mary Browne, alias Deale , of the Parish of Saint Martins in the Fields , was Indicted for Felony and Burglary, for Breaking the House of George Allen on the 8th of May last, about 9 in the Night, and taking thence 4 yards of Broad-Cloath, and a Stuff-Gown, the Goods of Joseph Derow . It appeared that the Prisoner confest, when taken, that she had the Goods, and had pawned them; but said that they were given her by another Person; which she could not prove: But there being no Evidence to the Burglary she was acquitted of that, and found Guilty to the value of 10 d.
Thomas Betts , of the Parish of St. Martins in the Fields , was indicted for Felony and Burglary, for Breaking the House of Luke Mathews , on the 25th of February , in the second Year of the Queen, about 8 in the Night, and taking thence a Portmantua-Trunk, and 6 l. in Money, the Goods and Money of Phlip Prince of Hesse Cassell , and 24 Shirts, a Sword, a Cane with a Gold-Head, the Goods of Jordan Bedaw . The Evidence deposed, That the Prisoner was not concerned with them in the Fact, but coming by chance, they were forced to give him some Money to conceal them; the Jury acquitted him.
Richard Lowe , of the Parish of St. Giles's in the Fields , was indicted for Felony and Burglary, for Breaking the House of Dr. Cornelius a Tilburgh , on the 30th of May last, and taking thence a Holland-Sheet, 4 Callico Curtains, a pairs of Vallence, and divers other Goods . The Watch-men deposed, That there was three Persons, who they mistrusted to be Thieves, one of them followed one of the Thieves, upon which he fired off a Pistol at him, which just grazed his Shoulder, and in the mean time the Prisoner came out of an Alley (while the other Watchman was pursuing the rest, who dropt the Goods, and
Judith Browne , and Mary Farrel , of the Parish of St. Anns Westminster , was indicted for breaking the House of John Fosset on the 20th of May last, in the Day time, no Person being therein, and taking thence 3 Holland-Sheets, and divers other Goods . It appeared that the Goods were found upon Farrell when taken, and nothing upon Brown , and there being no Evidence to the breaking the House, the Jury found Farrel Guilty to the value of 10 d.
Received Sentence of Death 3.
Thomas Hunter, Augustin alias Silvester Rice, and Mary Warters, alias Pines.
Christopher Hibbert, was respited, being Burnt in the Hand, till further Order.
Burnt in the left Cheek 8.
Susanah Davis, Elizabeth Fox, Ann Hutchings, Samuel Kilby, Elizabeth Miller, Mark Silvester, Mary White, and Martha Watson.
To be Whipt 8.
Jeremy Barret, Mary Burnet, Mary Brown, Mary Dean, Jane Eglestone, Mary Farrel, Ann Jones, and John Smith.
W - T - Fined 200 l. and to lie in Prison for three Months without Bail or Mainprize.
H - J - Fined 100 l. and to lie in Prison for three Months without Bail or Mainprize.
Mary Warters pleaded her Belly, saying she was with Child and a Jury of Matrons being Impanelled found her to be with quick Child.
After which 32 Condemned Criminals pleaded her Majesties most Gracious Pardon on their Knees, some on Condition never to return into her Majesties Realms during their Lives. Others on Condition to transport themselves into America, and not to come into this Kingdom during the term of Seven years, on forfeiture of their Lives; and others to go as Soldiers into Her Majesties Service beyond the Seas, and there to remain for the term of 7 years.
ALL Persons Distemper'd in Mind by Melantholy, or Despair, from what Cause soever, are with God's blessing, speedily Cured, if curable (with the most kind and tender Usage, allowing them sufficient Diet, careful Attendance, and all Other comfortable Accommodation) by a Physician of long Practice and great Experience in those Deplorable Cases. Living next Door to Shadwell-Coffee-House, between the Church and Market, in Upper-Shadwell, near London. Who also Cures any kind of Fits, and all strange impressions of Dread and Terror of Mind; also Pains and Lameness of the Limbs, tho' useless and Bedrid.
W. Elmy, Professor of Physick and Operator, of known Integrity, Liveth at the Blue-ball, in Whale-bone Court; the lower end of Bartholomew-lane by the Royal-Exchange.
WHO most safely and expeditiously cures Deafness and Noise in the Ears in any, of what Age soever, if curable, and at first fight, by Inspection, resolves the Patient if so or not; as most eminent Persons of Quality can testifie. I have Remedies ready prepared for the Preservation of the Hearing, in those who thought some great Defects in the founding Membrane, and other Impediments in the anditory Passages, are not perfectly curable; which Remedies preserve them for ever growing worse, and improves their Hearing to old Age. He hath likewise a most excellent Garganism, or Mouth-Water, which will make black or yellow Teeth as white as Ivory, in a few times using; and it will certainly cure the Scurvy, and all other Diseases incident to the Mouth, Teeth, and Gums. The Glasses are of several Prices, with Directions. His Pills only prepared for the French Disease, and the running of the Reins, may be had in boxes of several Prices with other Venereal Arcanaes, as occasion requires, with Directions.
His Diet-Drink cleanses the Reins, provokes Urine, and abates the sharp Pains or Stoppage of Urine, in the running of the Reins, Price 2 s. the Bottle.
B. Lilburn, that formerly Lived on Ludgate-hill, next to the Kings-Arms Tavern near Fleet-bridge, - Now lives at the Golden-Board and Ball, next Door to Ship-Court, up one Pair of Stairs, in the Great Old-Baily, near Ludgate hill, Who maketh and selleth, (and has done above 20 Years) - The Water for taking away the Freckles, Pimples, Worms, Morphew, and red Marks of the Small-pox in the Face: With Elixir Salutis, Bilsamuan Vite, Tinctura Vita. Waters and Ointments for the Eyes, Powders, Dentrifices, Elixirs, Essences, Oils, Spirits, &c. both for Ornament, and Curing all Diseases incident to Humane Bodies; but more especially relating to the Female Sex. - Likewise Judgment upon Urine.
The Anti-scorbutick Pills, price 1 s. 6 d. the Box.
The Elixir for the Collick, and Gripes, 1 s. the Bottle.
The Ointment for fore Niples, and the Piles, 1 s. the Pot.
An Ointment for Redness, Pustules, Heat, Scabs, Ringworms, Titters, Itch or breaking out in the Face, or elsewhere; price 1 s. the Pot.
The Ointment for Aches, and Strains, 6 d. the Pot.
The Water for the Freckles, Pimples, &c. The Author has for some Years past, left with several for Sale; who now doth under stand, they have been abused by Counterfeits; which to prevent for the future, doth desire those that have bought from them - and not found the Effect - answer the Ends for which it is proposed, to acquaint her with it, and where they bought it - and likewise to take notice of the Seal, viz. The 3 Water-budgets, and B. L. on the Top of the Seal. The Price of the half Pint-bottle 3 s.
That you be not imposed on, be sure to remember her Name, and that it is the Person that formerly lived on Ludgate-hill.
AN Excellent and experienced Remedy, for Sore and Weak Eyes, that ever yet was made known to the World, being of that wonderful Efficacy, that it insallibly dispels any Humour or Salt Rheum distilling from the Head; takes away all Soreness, Redness, or Swelling: It also mightily Strengthens weak Eyes, (sometimes occasion'd by the King's-Evil, or the Small-Pox) and will dis-Film, or Cateract growing over the Eye, whereby the Sight often-times becomes dim, in a few times using this excellent Remedy, to those that will be perswaded to use it often, it will (by Gods Blessing) preserve the Sight to an incredible Age, and read even the smalled Print at old Age. This being an incomparable Secret acquired a Gentleman in long Study, whereby he has wrought wonderful Cures among his Relations and Acquaintance; and now made publick for the Benefit of all People that will make tryal of it. For those that are really Poor, they shall have it Gratis: For Others 6 d. the Bottle. To be had only by the Publisher of this Paper.
Whereas the Printer being at a great Loss by Publishing this Sessions Paper at 2 d. through their means that Sold them, in letting Persons read them for a Penny, therefore all Gentlemen and others are to Note, that from hence forwards they may be bad for the Price of One Penny, to binder so great Returns unsold as have heretofore been put upon him.