Records Volume 34: London Session Records

Page 440

APPENDIX A. PRECEDENT BOOKS OF INDICTMENT.

Six seventeenth - century manuscript books of precedents are preserved in these archives , containing model formulas of indictments for various crimes , intended for the guidance of Clerks of the Peace when drafting such documents . In most cases the formula alone is given, A.B. being substituted for actual names, and dates being omitted. Occasionally , however , names and dates have been inserted by the scribe, who has thus apparently preserved for us complete copies of actual indictments, the originals of which have since disappeared (cf. marginal note to B (4) (b) infra). Nevertheless , such second-hand evidence is obviously to be treated with circumspection . Three of these books contain matter of interest to Catholics . In view of the character of the source, give below merely the main facts exhibited in these indictments, in English abstracts . The minutes are translated

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literally . A. Bound in original parchment, and inscribed ( in a later hand) " Indictmts & Proceedings at Sessions 38. Folio 21v. [Indictment of Richard Yorke for conspiracy in the " Gunpowder Plot." Date of original indictment, 28th January, 1605/6-4th Nov. , 1606 ]. Title: Treason pro insurreccione proditoria. The Jurors for the Lord the King present that Richard Yorke, late of Hodyngton ? Huddington ] in the County of Worcester, gentleman, as a false traitor against our Lord James , King of England etc. did, on 5th November last past , at Dunchurch in the County of Warwick, conspire not only to depose the said Lord the King but also to kill him, to subvert the government and change the religion of this realm and, moreover, to induce the King's foreign enemies to invade the Kingdom ; and with this object, on 5th November aforesaid, at Dunchurch aforesaid, did assemble with Robert Catesby, Thomas Pearcy, John Wright and Christopher Wright, all later killed in open rebellion against his Majesty, and with Sir EverardDigby, Knight, Robert Winter Esq., John Graunt Esq., Ambrose Rookewood Esq., Thomas Bates and Robert Keyes, lately attainted of high treason, and then and there did traitorously discuss the ways and means by which the aforesaid treasonable designs might be carried out ; in which discussion the said Robert sic Yorke did agree to rise with the aforesaid traitors in open [and actual rebellion against the King and with them to undertake a warlike progress through the County of Warwick and divers other counties and traitorously to gather to their company as many papists as possible and to incite the latter to join with him and them in open and actual rebellion against the King. Moreover, that the said Richard Yorke, for the more effectual execution of these treasonable designs , being associated with manyothertraitors to the number of forty persons in warlikearray, armed and equipped

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