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for Blasphemy.

935]* included in the essence of God it would over-principles. And for that end that his everlast throw the simplicity of the same if they being gospell may flourish in these lands, while really distinct among themselvs, and that sun and moon endureth. And now, O Lord, 'paternitas' be not filiatio Hagio-pneumatos," Father, Son, and Holy Ghost, in thy hands i and so the Trinity should differ nothing from recommend my spirit, beging and hopeing for the politheism of the Gentiles, by making pardon to all my sins, and to be receaved to three distinct infinits. And many times have thy eternal glory, through the only righteous merits of Jesus Christ my Saviour. To whom I pryed as far as my capacity would follow me, with the Father and Blessed Spirit, my Sanc.. to try that if it were true, how far I could reach in the knowledge of such a thing, but I tifyer, be everlasting praise, honour and glory found always that the more I thought [on it] for now and evermore: Amen. Sic Subscribitur, THOMAS AIKENHEAD. the further I was from it.

Copy of his LETTER to his freinds from Ediúburgh Tolbooth, the day of his death :

January 8th, 1697.

Now these things I have puzled and vexed myself in, and all that I could learn therfrom, is, that I cannot have such certainty, either in natural or supernatural things as I would have. Being now wearing near the last moment of And so I desire all men, especially ingenious young men, to beware and take notice of these my time of living in this vain world, I have by things upon which I have splitt. I declare my the enclosed under my own hand,now when I am abhorrence and detest of any of my failings steping into eternity, breifly as my time could or offences concerning the forsaids, and its my only allow, given a true relation to the world earnest and only desire and prayer to God for in generall, for whose use I am to give some his mercies sake in the name of Jesus Christ, copies of the enclosed at my last end to the (which way I only expect pardon of my sins, ministers and magistrats who shall be by me, and reconciliation with God) to forgive me my and to my dear and worthy freinds (whom I offences and trespasses. As also, I from my from good ground may term parents) in partivery heart and in grief and sorrow therof, am cular, for whose use I will order this enclosed perplexed and troubled for the base, wicked, principall to be delivered by the bearer, to be and irreligious expressions which I have ut- present, of the original rise, matter, and mantered, altho' that I did the same ont of a blindner of my doubtings and inquisitions, for which zeal to that which I thought truth. And I profess and declare, that tho' it do not appear much by outward signes and tokens, yet I cannot express how much I detest, abhor and am troubled at the same, withall I acknowledge and confess to the glory of God, that in all he hath brought upon me, either one way or other, he hath done it most wisely and justly, and I hope in his mercy that itwill be better for me that he hath afflicted and punished me in this life, and stopt the current of my sins, than that he had suffered me to go on headlong in my own evil ways, into the miserys out of which I diould never have recovered. Likeas I bless God I die in the full perswasion of the true Christian Protestant Apostolick faith, according to the tenor of my petitions given into the lords of justiciary and councill, which are signed by the and in their clerks hands.

And I cannot, without doing myself a manifest injury, but vindicat my innocence from those abominable aspersions in a printed satyr of Mr. Mungo Craig's, who was an evidence gaitist me, whom I have to reckon with God and bis own conscience, if he was not as deeply concerned in those hellish notions, (for which I am sentenced) as ever I was, however I bless the Lord, I forgive him and all men, and wishes the Lord may forgive him likewise.

To conclude, as the Lord in his providence hath been pleasd in this examplary manner to punish my great sins, so it is my earnest desire to him, that my blood may give a stop to that rageing spirit of atheism which hath taken such footing in Brittain, both in practice and profession. And of his infinite mercy recover those who are deluded with these pernicious

as I am now to die, so I desired not to live further than might have contribute to the glory of God, and good of his people by my after short time (for which I was demanding a re-> preive) and my own soul's eternal welfare, by my more serious and incessant application to the throne of mercy for my great sins, which

bope shall be all forgiven by the mercy of God, through the merits of my Redeemer Jesus Christ, tho alace my time hath been short since my sentence, so I have trifled away and mispent too much thereof, however, as my time hath allowed me, the enclosed will give satis faction to you in particular, and to the world in generall, and after I am gone produce more charity than hath been my fortune to be trysted hitherto with, and remove the apprehensions, which I hear are various with many about my case, being the last words of a dying person, and proceeding from the sincerity of my heart.

Ther is one thing I hear I am aspersed with, which is not in the enclosed, which is, that I am suspected to have practised magick and conversed with devils, which I here declare in the presence of Almighty God, to be algether false and without any solid ground. P desire you may call for extracts of my petitions to the councell and justiciary, which I relate to in my last speech, which I recommend to your care, that I may be vindicated from any false aspersions. THOMAS AIKENHEAD.

Sic Subscribitur,

Some Animadversions upon Aikenhead's last "Natural words, occur in the book, intitled, Religion insufficient, and Revealed necessary;

to Man's Happiness, in his present state," &c. written by Thomas Hallyburton, a man of learning and of piety, who was Professor of Divinity in the University of St. Andrews, from the year 17 10, to his death in 1712.

tions, by which they are to be regulated. Those, which are called moral laws, are only the determinations of government, or the concurring judgment of men, concerning what they think meet to be done for their own ends. That what some judge meet and congruous, others may find unsuitable to their nature and The author, after having set forth the evil ends, and so are not obliged to obey. But, 1. Are of sin, or, as he expresses it, having conde- not all these ungrounded assertions, wherof no scended on a few of those considerations, proof is offered but the author's deluded fancy? whereon he insists for proving sin to be exceed- 2. Has it not been irrefragably demonstrated by ing sinfal, proceeds thus: The Deists, to as many as discourse of moral good and evil, evade the difficulties arising from this evil of that, antecedently to any government among sin, take different courses. Some plainly deny men, we are under a law, the law of nature, any such thing as evil, or that there is any and that this is the will of God. 3. If all thing morally good or bad. Thomas Aiken- these had kept silence, does not the thing itself head, who was executed at Edinburgh, Jan. speak? What can be more evident, than that 8th, 1697, for his blasphemies, in his paper he there is a law of nature, and that this is the delivered from the scaffold, tells us what his law of God. We are certain that we are made thoughts were in this matter, and upon what of rational natures, capable of laws and governgrounds they were built. When in his ra- ment. We are no less sure, that God made us, tional enquiries he came to consider, whether and made us so. It is self-evident, that to him we were capable of offending God, he tells us; who made us, it belongs to govern, and dispose that after much pondering and serious consi- of us to those ends for which we were made. deration he concluded the negative.' The And we by our very beings are bound to obey, famed Mr. Hobbs was not of a very different submit, and subject ourselves to his will and mind: for he plainly asserts, that there is pleasure, who made us, and on whom we every nothing good or evil in itself, nor any common way depend; and therefore his will, if he laws constituting what is naturally just and un- make it known, is a law, and the highest law just but all things are to be measured by what to us. Again, it is clear that this reason, if we every man judgeth fit, where there is no civil attend to it, tells us, that some things are to be government; and by the laws of society, where done, and some things left undone; such as there is one.' And elsewhere; before men these, that we are to serve, love, obey and hoentered into a state of civil government, there nour him that made us, upholds us, and on was not any thing just or unjust, for as much whom we every way depend; that we are to as just and unjust are the relatives of human carry forward our fellow creatures, as it belaws; every action being of itself indifferent." comes those, who have the same original with And whether Spinoza was not of the same us, who are subject to the same rule, are obliged mind, is left to those to judge, who have time to pursue the same ends; and that we are to and leisure to trace his meaning, in his obscure dispose of ourselves, as the author of our naand designedly involved way of writing. But ture allows us. These are all, if not self evisurely this proposition in his Atheistical ethicks deut, yet next to it, and easily deducible from looks very like it, si homines liberi nasce- principles that are so. Further, the reason rentur (liber autem est juxta Spinozam, qui that is implanted in us by God, tells us so; we 'secundum ductum vel ex ducta rationis agit) are to take what it leads us to, while duly used, nullum boni et mali formarent conceptum, as the will of God, and so a law to us. ⚫ quamdiu liberi essent.' Mr. Hobbs has been whatever judgement God makes a man with, learnedly confuted by many, such as Dr. Cum-concerning either himself, or other things, berland, Mr. Tyroll, and almost all who write ofit is God's judgement; and whatever is his the law of nature. Spinoza has likewise been examined by Wittichius, and many others. The first, viz. Thomas Aikenhead, his grounds I shall propose and examine.

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The first in his own words runs thus, 'thought,' says he, a great part of morality, if not all, proceeded ex arbitrio hominum,' as of that of a kingdom or common-wealth, or what most men think convenient for such ⚫ and such ends, and these ends are always ter⚫minated upon being congruous to the nature of things; now we see that according to men's fancy things are congruous or incongruous to their natures, if not to the body, yet to the thinking faculty.'

The sum of this confused discourse, which probably he learned from Hobbs, amounts to this: God has fixed no law to our moral ac

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judgement, is a law to man; nor can he neg. lect or oppose it, without sin, being in his 'existence made with a necessary subjection 'to God. Such and such dictates being the 'natural operations of our minds, the being and essential constitution of which, in right reasoning, we owe to God, we cannot but esteem them the voice of God within us, and 'consequently his law to us.' [Sir Charles Wolseley's Scripture Belief, pp. 32, 33.]

What he tells us, of men's different appre hensions about what is right or wrong, makes nothing to the purpose. That only shews, that in many instances we are in the dark as to what is good and evil, which is granted; but will not infer, that there is no fixed measure of good and evil. In many general truths, all, who apply themselves to think, understand the

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terms, and have the truths proposed, do agree. And perhaps, all that is knowable of our duty by the light of nature, is deducible from such principles of morality, as all rational men who have them fairly proposed to them, must assent to. And deductions from laws when duly made, are of equal authority with the principles from which they are inferred. And finally, when men, in pursuance of their perverse natures, follow what is cross to those dictates of reason, they are condemned by their own consciences; which shews them under the obligation of a law, and that acting in a congruity to their natures as corrupt is not the standard they are obliged to walk by, since their own reason checks them for doing it. They who would desire to have this matter fully discoursed, may read others who have done it designedly, of whom there is great plenty.

His second reason runs thus; Also we do 'not know, what is good or evil in itself, if not thus, whatsoever can be attributed to God that is good, and what cannot, is evil. And we know not what can be attributed to God, but such things as by a deduction we ascribe to him, we call perfect, and such as we deny 'to be in him, we call imperfect; and so we 'most ignorantly commit a circle. There is no other notion of things in themselves good 'or evil.'

It is much harder to find the sense of these words, if they have any, than to answer the argument. The design of it is to prove, that there is no standard whereby we may judge what is good and what is evil. The force of the argument amounts to this; that there is no way how we come to know any thing to be good, but by this, that it may be ascribed to God. But we cannot know whether it is to be ascribed to God, unless we know that it is perfect or good.

This is thin sophistry, which I might easily expose, were it to any purpose to discover the weakness of that, which it's author was ashamed of and disowned.

moral sense.

As to the first proposition, that there is no other way to know whether any thing be good or evil, but this, that it can or cannot be ascribed to God. 1. The complex proposition is false; for there are other ways whereby we may know things to be good or evil. And this holds, whether we take it in a physical or a We know that to be morally good, which God enjoins us to do. We know the will of God in some instances, from the natures God has given us; and from these instances, our reason can infer others. As to physical good, we know things to be good or perfect, by acquaintance with the nature of the things, and by the self-evident notions of perfection: for there are some things, such as dependence, subjection, and the like, which, without any reasoning about the matter, we understand to be imperfect, or perfect; as Soon as we understand the terms, and know that a perfection is that, which it is better for

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any being to have than to want; and then what these particular words dependence, subjection, &c. signify. This alone overthrows his whole argument. 2. The maxim which he fixes as a standard; that is good, which may be ascribed to God, and that is not, which may not be ascribed to him, if it is taken in its full ex tent, it is false as to moral good; of which the only question is: for it is certain, that it is good for man to be a dependent, a subject, &c. which cannot be ascribed to God. If it is taken in a physical sense, it is not to the purpose: and besides, it would, even in this sense, need some caution.

As to his other proposition, that we cannot otherwise know what is to be ascribed to God, than by knowing that it is good or perfect, it can scarce be supposed to speak of good in a moral sense; and in any other sense it is impertinent. If it is understood in a moral sense, it is likewise false; for we may know that things which are not in their own nature moral perfections, belong to God: such as power, omni-presence, &c. if it be understood in any other sense, we have nothing to do with it.

The next head that he adds is, "That all 'men will confess that any thing may be morally evil and good also, and consequently any thing decent or indecent, moral or immo'ral. Neither though there were things in 'themselves evil (if we do not apprehend 'other things instead of them) can we have 'any inclination thereunto: otherwise the 'will could wish evil.'

But, 1. Who will grant him (in any other sense, that will be subservient to his purpose) that all actions are indifferent? I know none but men of his own principles. 2. As for what he pretends, that we cannot incline to that which is in its own nature evil, unless it be under the notion of good, I see not what this says for him: it is enough that we can do that action, which is evil and prohibited, yea, and which we know is prohibited, to constitute sin, and make the sinner deeply guilty.

But, not to insist any further on this inconsiderable trifler, (whose undigested notions scarce deserve the consideration we have given them, and much less did they become the awful gravity of the place where they were delivered:) there are others, &c.

Aikenhead's dying Speech appears to have been printed, as Halyburton not only refers to the passage cited above, but also mentions it in his Index of Authors and books quoted in his Treatise.

ing case of a convert to Judaism: Wodrow (vol. 2, p. 221,) relates the follow

"Another lamentable effect of the bearing down of the gospel, and the neglect of instructing of people at this time, was the apostacy of too many from the very profession of religion; and indeed profaneness was now at a terrible

height. In the justiciary registers, I find a process against the underwritten person for Judaism, which being the only instance, as far as I know, of this since the Reformation, the curious reader will be content to have a view of it. I give it as it stands in the criminal books, and it is what may be a caution to parents to found their children well in our holy religion, before they suffer them to go abroad.

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profess' and openly declare himself to be a Jew, and was circumcised: and having re' turned to Scotland, at Edinburgh, Wrightshouses, Brandsfield, and Hall-heriot, he did 'rail against our Lord and Saviour Jesus Christ, denying him to be God, and affirming him to be mere man, and a false prophet, and outragiously reviling him by such other bor'rid blasphemies as are not fit to be uttered, renouncing and cursing the holy sacrament ' and rite of his baptism. And he did with

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“Edinburgh, June 15, 1681. Francis Borthwick, second son to James Borthwick of Harelaw, being often called to have com-great and horrid execrations wish all inanner peared before the justiciary, this day and of judgment to befal him, if ever be should

place, in the hour of cause, to have underlien

the law, for the crime of blasphemy com"mitted by him, in so far as being born of • Christian parents, and baptized and educated in the Christian faith, and continuing in the open profession thereof, and communion of the Christian and Catholic church, until the age of 14 years, he went abroad to foreign places, to follow the trade of merchandize, where he was seduced to make a shameful apostacy from the most holy faith, and to

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return to the Christian religion, in manner at length mentioned in the criminal letters, raised at the instance of his majesty's advo cate, and James Cockburn in Duddingston informer against him thereanent. And being lawfully cited, and not compearing, the lords adjudged the said Francis Borthwick to be outlaw and fugitive, and all his goods and gear to be brought in for his majesty's use, 'for his contemption and disobedience; which 'was pronounced for doom.'

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402. The Trial of EDWARD Earl of WARWICK and HOLLAND, before the House of Lords, for the Murder of Richard Coote, esq.: 11 WILLIAM III. A. D. 1699.

March 28, 1699.

ABOUT 11 of the clock the Lords came from their own House into the court erected in Westminster-hall, for the Trials of Edward earl of Warwick and Holland, and Charles lord Mohun, in the manner following: The lord high steward's gentlemen attendants, two and two. The clerks of the House of Lords, with two clerks of the crown in the courts of Chancery and King's-bench. The masters in Chancery, two and two. Then the judges. The peers eldest sons, and peers minors, two and two. Four serjeants at arms with their maces, two and two. The yeoman usher of the House. Then the peers two and two, beginning with the youngest barons. Then four serjeants at arms, with their maces. Then one of the heralds, attending in the room of Garter, who by reason of his infirmity could not be present. And the gentleman usher of the Black Rod, carrying the white-staff before the lord high steward. Then the lord chancellor, lord high steward of England, alone.

When the lords were seated on their proper benches, and the lord high steward upon the wool-pack; the two clerks of the crown in the courts of Chancery and King's-bench, standing before the clerk's table with their faces towards the state;

The clerk of the crown in Chancery having his majesty's commission to the lord high steward in bis hands, made three reverences towards the lord high steward, and the clerk of

the crown in Chancery on his knees presented the commission to the lord high steward, who delivered it to the clerk of the crown in the King's-bench, (then likewise kneeling before his grace) in order to be opened and read; and then the two clerks of the crown making thres reverences, went down to the table; and the clerk of the crown in the court of King's-bench commanded the serjeant at arms to make proclamation of silence; which he did in this manner :

Serj. at Arms. O yes, O yes, Øyes, My lord high steward his grace does straitly charge and command all manner of persons here present, to keep silence, and hear the king's majesty's commission to his grace my lord high steward of England directed, openly read, upon pain of imprisonment.

spoke to the Peers. Then the Lord High Steward stood up, and

Lord High Steward. (Lord Somers.) Your lordships will be pleased to stand up, and be uncovered, while the king's commission is reading.

while the Commission was read. All the Peers stood up, and were uncovered,

Clerk of the Crown. Gulielmus Tertios Dei 'Gratia Angl. Scot. Franc. et Hibera. Rex, Fidei Defensor, &c. Prædilecto et fileli Consiliar. nostro Johanni Domino Souters, Can "cellar. nostro Augl. Sciatis quod cum Edruss Comes Warwic. et Holland, uuper de parock.

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has Literas nostras fieri fecimus Patentes, Teste meipso apud Westmonasterium vicesi'mo quinto die Martii, Anno Regni nostri Un'decimo.

Per ipsum Regem propria Manu Signat.' Serj. at Arms. God save the king.

Then the herald and the gentleman-usher of the Black Rod, after three reverences, kneeling, presented the White staff to his grace, and his grace removed from the Wool-pack to the Chair, which was placed upon an ascent just before the uppermost step of the Throne, and seated himself in the Chair.

Cl. of the Cr. Serjeant at Arms, make Proclamation.

Serj. at Arms. O yes, O yes, O yes, my lord high steward of England, his grace, does straitly charge and command all manner of persons here present to be uncovered, upon pain of im prisonment.

Then the Judges and Masters in Chancery sat down in their places upon the wool-pack, uncovered.

Then the Clerk of the Crown read the Return of Certiorari, in hæc verba :

Sti. Martini in Campis in Com. Middlesex. et Carolus Duus. Mohun, nuper de paroch. predict. in Com. prædict. coram dilectis fidelib. nostris Carolo Lee, Mil. Samuel. Buck, Willielmo Withers et Francisco Tysson, Ar'migeris, et aliis sociis suis Justiciar. nostris ad inquirend. per Sacramentum, probor. et legalium hominum de Com. nostro Middlesex. 'prædict. ac alüs viis modis et mediis quibus 'melius sciverint aut poterint, tam infra libertat. quam extra, per quos rei veritas melius sciri poterit et inquiri de quibuscunque Proditionibas Misprisionibus Prodition. Insurrectionib. Rebellionib. Controfact. tonsur. lotur. falsis fabricationib. et aliis falsitat. Monet. hujus Regni nostri Angl, et alior. Regnor. sive Do'minior. quorumcunque ac de quibuscunque Murdris Feloniis Homicid. Interfectionibus Burglar. Raptib. Mulier. Congregationib. et Conventicul. illicit. verbor. prolationib. Coadupationib. Misprisionib. Confederationibus falsis Alleganciis Transgressionibus, Riotis, Routis, Retentionib. Escapiis Contempt. Falsitat. Negligentiis, Concelament. Manutenent. Oppressionibus, Cambiparciis, Deceptionib. et aliis Malefactis Offenc. et Injur. quibuscunque; necnon Accessar. eorundem infra Com. prædict. tam infra libertat. quam extra, per quoscunque et qualitercunque habit. fact. perpetrat. sive commis. et per quos vel per quem cui vel quibus quando qualiter et quomodo et de aliis Articul. et Circumstanc. præmiss. seu eor. alicujus vel aliquor. qualitercunque concernen. plenius veritat. et ad easdem proditiones et al. præmiss, audiend. et terminand. secundum legem et consuetud. Regni nostri Angl. nuper assignat. de Felonia et Murdro per ipsos Edrum. Comitem Warwick. et Holland, et Carolum Dominum Mohun, Commiss. et Perpetrat, per sacrament, probor. et legal. hominum Com. nostri Middlesex. prædict. Indictat. existunt. Nos considerantes quod Justitia est virtus excellens et altissimo complacens, volentesque quod prædict. Edrus. Comes Warwic. et Holland, et Carolus Do‹ minus Mohun, de et pro Felonia et Murdro unde ipsi ut præfertur Indictat. existunt, coram nob. in presenti Parliament, nostro secundum leg. et consuetud. Regni nostri Angl. Audiantur, Examinentur, Sententientur et Adjudicentur, cæteraque omnia quee in hac parte pertinent debo. modo exerceantur et exequantur; ac pro eo quod (officium Seneschalli, Angl. (cujus præsentia in hac parte requiritur ut accepimus) jam vacat, Nos de Fidelitate Prudentia provida Circumspectione et Industria vestris plurimun confidentes Ordinavimus et Constituimns vos ex hac causa Seneschallum, Angl. ad Officium illud cum omnibus eidem Officio in hac parte debit, et pertinen. (bac vice) gerend. occupand. et exercend. Et ideo vob. Mandamus quod circa præmiss. diligenter in⚫tendatis et ea omnia quæ in hac parte ad Offi'cium Seneschal. Angl. pertinent et requirastur (hac vice) faciatis exerceatis et exequamini cum effectu. In cujus rei Testimonium

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'Gulielmus Tertius, Dei gratiæ, Angl. Scot, Franc. et Hibern. Rex, Fidei Defens. &c. Justic. nostris per Literas nostras Paten. con'fect. ad inquirend. per Sacrm. probor. et legal. 'hom. Com. nostri Midd. ac aliis viis mod. et ' med. quibus melius sciverint aut poterint de quibuscunque prodic. mispris. prodic. insur rection. rebellion, controfact. tonsur. lotur. 'falsis fabricat. et aliis falsitat. monet. hujus 'Regni Angl. et alior. regnorum sive domini-. orum quorumcunque ac de quibuscung; 'murdris, felon. homicid. interfection. burglar. raptibus mulierum, congregacon. et conventicul. illicit. verborum prolationibus, coadunat. 'misprision. confederat. falsis alleganc. trans'gres. riot. rout. retention, escapiis contempt.

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negligenc. concelament. manutenen. oppres'sion. deception. et aliis malefactis offens. et injur. quibuscunq; necnon accessariis eorun'dem infra Com. prædict, tam infra libertates quam extra per quoscunq; et qualitercunq; 'habit fac. perpetrat. sive commiss. ae de aliis 'articulis et circumstanciis præmiss. et eorum quodlibet seu eorum aliquod vel aliqua quali 'tercunq; concernen. plenius veritat. et ad ' easdem prodition. et al. præmiss. audiend. et 'terminand. assign. Necnon Justic, nostris ad • Gaol, nostram de Newgate de Prisonar. in ea 6 ex existen. deliberand. assign. et eorum cuili'bet Saltm. volen. certis de causis omnia et sin'gula Indictainen. et Inquisition. de quibus'cunq; felon. et murdris, unde Edrus. Comes Warwic. et Holland, et Carolus Dominus Mohun, et al. coram vobis Indictat. sunt; necnon record. conviction. Rici. French, Rogeri James et Georgii Dockwra, pro felon. et homicid. unde indictat. sunt. Et super 'inde per quandam. Jur. Prie. inde inter nos et præfat. Richardum French, Rogerum James et Georgium Dockwra, capt. convict.

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