aforesaid in the county of Kent aforesaid, unlawfully and injuriously continued and still do continue; whereby the liege subjects of our said Lord the King during the time aforesaid could not go return pass repass ride and labour with their horses coaches carts and carriages in by and along the said road and highway as they were wont and ought to do without great peril and danger of their lives, to the great damage and common nuisance of all the liege subjects of our said Lord the King in by and along the said road and highway going returning passing repassing riding and labouring, and against the peace of our said Lord the King his crown and dignity.

Second Count. And the Jurors aforesaid upon their oath aforesaid do further present that the said James Mountague, William Lewis Newman, John Nelson, John Pinkerton, William Hoof, Thomas Hoof, and William Hill, on the same day and year aforesaid, with force and arms at the parish of Saint James in the Isle of Grain in the said county of Kent, unlawfully and injuriously did make dig and cut, or cause and procure to be made dug and cut, a certain other ditch trench or channel of the width of twenty feet and of the depth of six feet over and across a certain other part of the said King's highway in the said parish of Saint James in the Isle of Grain in the county of Kent aforesaid, and the same last-mentioned ditch trench or channel so as last aforesaid made dug and cut or caused and procured to be made dug and cut over and across the said road or King's highway as last aforesaid from the day and year last aforesaid until the day of taking this inquisition, with force and arms at the parish of Saint James aforesaid in the county of Kent aforesaid, unlawfully and injuriously continued and still do continue; by reason whereof the liege subjects of our said Lord the King during the time last aforesaid could not go return pass repass ride and labour with their horses coaches carts and carriages in by and along the same road and highway as they were wont and ought to do without great peril and danger of their lives, to the great damage and common nuisance of all the liege subjects of our said Lord the King in by and along the same road and highway going returning passing repassing riding and labouring, and against the peace of our said Lord the King his crown and dignity.

Third Count. And the Jurors aforesaid upon their oath aforesaid do further present that from time whereof the

memory of man is not to the contrary there hath been and yet is a certain other common and ancient King's highway in the said parish of Stoke in the said county of Kent and leading from thence unto and into the said parish of Saint James in the Isle of Grain in the said county of Kent, and for all the King's subjects with their horses coaches carts and carriages to go return ride pass repass and labour at their free will and pleasure without any obstruction hinderance or impediments, yet the said James Mountague, William Lewis Newman, John Nelson, John Pinkerton, William Hoof, Thomas Hoof, and William Hill, on the said seventeenth day of September in the year aforesaid, with force and arms at the parish of Stoke aforesaid in the county of Kent aforesaid, unlawfully and injuriously did make dig and cut, or cause and procure to be made dug and cut, a certain other ditch trench or channel of the width of twenty feet and of the depth of six feet over and across the said last-mentioned King's highway in the parish of Stoke aforesaid in the county of Kent aforesaid, and the same last-mentioned ditch trench or channel so as last aforesaid made dug and cut, or caused and procured to be made dug and cut, over and across the said lastmentioned road or King's highway as last aforesaid from the day and year last aforesaid until the day of taking this inquisition, with force and arms at the parish of Stoke aforesaid in the county of Kent aforesaid, unlawfully and injuriously continued and still do continue; whereby the liege subjects of our said Lord the King during the time last aforesaid could not go return ride pass repass and labour with their horses coaches carts and carriages in by and along the same last-mentioned road or highway as they were wont and ought to do without great peril and danger of their lives, to the great damage and common nuisance of all the liege subjects of our said Lord the King going returning riding passing repassing and labouring, and against the peace of our said Lord the King his crown and dignity.

Fourth Count. And the Jurors aforesaid upon their oath aforesaid do further present that the said James Mountague, William Lewis Newman, John Nelson, John Pinkerton, William Hoof, Thomas Hoof, and William Hill, on the same day and year last aforesaid, with force and arms at the parish of Saint James aforesaid in the county of Kent aforesaid unlawfully and injuriously did make dig and cut, or cause and procure to be made dug and cut, a certain B2

(4)

other ditch trench or channel of the width of twenty feet and of the depth of six feet over and across a certain other part of the said last-mentioned King's highway in the said parish of Saint James in the Isle of Grain in the county of Kent aforesaid, and the same last-mentioned ditch trench or channel so as last aforesaid made dug and cut or caused and procured to be made dug and cut over and across the said last-mentioned road or King's highway as last aforesaid from the day and year last aforesaid until the day of the taking this inquisition, with force and arms at the parish of Saint James aforesaid in the county of Kent aforesaid, unlawfully and injuriously continued and still do continue; by reason whereof the liege subjects of our said Lord the King during the time last aforesaid could not go return ride pass repass and labour with their horses coaches carts and carriages in by and along the said last-mentioned road and highway as they were wont and ought to do without great peril and danger of their lives, to the great damage and common nuisance of all the liege subjects of our said Lord the King in by and along the said lastmentioned road and highway going returning riding passing repassing and labouring, and against the peace of our said Lord the King his crown and dignity.

Fifth Count.

And the Jurors aforesaid upon their oath aforesaid do further present that the said James Mountague, William Lewis Newman, John Nelson, John Pinkerton, William Hoof, Thomas Hoof, and William Hill, on the same day and year aforesaid, with force and arms at the parish of Stoke aforesaid in the county of Kent aforesaid in a certain road being the King's common highway there called Grain Bridge, used for all the King's subjects with their horses coaches carts and carriages to go return ride pass repass and labour at their free will and pleasure unlawfully and injuriously did make dig and cut, or cause and procure to be made dug and cut, a certain other ditch trench or channel of the width of twenty feet and of the depth of six feet over and across a certain part of the said last-mentioned road or King's highway in the said parish of Stoke in the county of Kent aforesaid, and the same last-mentioned ditch trench or channel so as last aforesaid made dug and cut, or caused and procured to be made dug and cut, over and across the said last-mentioned road as last aforesaid from the day and year last aforesaid until the day of the taking this inquisition, with force and arms at the parish of Stoke aforesaid in the county of Kent afore

said, unlawfully and injuriously continued and still do continue; by reason whereof the liege subjects of our said Lord the King during the time last aforesaid could not go return ride pass repass and labour with their horses coaches carts and carriages in by and along the said last-mentioned road and highway as they were wont and ought to do without great peril and danger of their lives, to the great damage and common nuisance of all the liege subjects of our said Lord the King in by and along the said last-mentioned road and highway going returning riding passing repassing and labouring, and against the peace of our said Lord the King his crown and dignity.

Sixth Count. And the Jurors aforesaid upon their oath aforesaid do further present that the said James Mountague, William Lewis Newman, John Nelson, John Pinkerton, William Hoof, Thomas Hoof, and William Hill, on the same day and year aforesaid, with force and arms at the parish of Saint James in the Isle of Grain in the county of Kent aforesaid, in the said last-mentioned road called Grain Bridge unlawfully and injuriously did make dig and cut, or cause and procure to be made dug and cut, a certain other ditch trench or channel of the width of twenty feet and of the depth of six feet over and across a certain other part of the said last-mentioned road or King's highway in the said parish of St. James in the county of Kent aforesaid, and the same last-mentioned ditch trench or channel so as last aforesaid made dug and cut or caused and procured to be made dug and cut over and across the said last-mentioned road as last aforesaid from the day and year last aforesaid until the day of taking this inquisition, with force and arms at the parish of Saint James aforesaid in the county of Kent aforesaid, unlawfully and injuriously continued and still do continue; by reason whereof the liege subjects of our said Lord the King during the time last aforesaid could not go return ride pass repass and labour with their horses coaches carts and carriages in by and along the said last-mentioned road and highway as they were wont and ought to do without great peril and danger of their lives, to the great damage and common nuisance of all the liege subjects of our said Lord the King in by and along the said last-mentioned road and highway going returning riding passing repassing and labouring, and against the peace of our said Lord the King his crown and dignity.

Proceedings on the Trial of the above Indictment at the Assizes held at Guildford, in and for the County of Surrey, by a special Jury, before the Honourable Mr. Baron GRAHAM.

MR.

[Taken in short hand by Mr. W. B. GURNEY.]

FIRST DAY.

Wednesday 25th August, 1824.

R. GURNEY. Is it your Lordship's pleasure to proceed with the case of the King v. Mountague?

Mr. Law. There have been nine or ten Gentlemen in waiting ever since nine o'clock.

Mr. MARRYAT. Would your Lordship think it advisable at this hour of the day to take that case?

Mr. Baron GRAHAM. I had rather go on with The King v. Mountague. I think we might get through one part of the case to-day. I wish to know something about it.

Mr. GURNEY. No doubt of it, my Lord.

Mr. MARRYAT. I very much doubt it.

Mr. Baron GRAHAM. If you please we will take The King ". Mountague.

The Special Jury List was called, and the following Gentlemen answered:

Mr. Baron GRAHAM. Will you let me have a Map containing more particulars? Mine is too general.

Mr. GURNEY. If your Lordship pleases, my learned friend Mr. Marryat and myself have agreed upon a plan.

[A plan was handed to his Lordship, and the locus in quo pointed out by Mr. Gurney and Mr. Marryat.]

Mr. GURNEY. Nine of the Jury have viewed the spot, my Lord. Mr. MARRYAT. Are the nine Gentlemen who were viewers pre

sent?

Mr. GURNEY. Yes, they are,

[Certain plans and models were produced showing the state in which the locus in quo was before it was cut and after.] The Indictment was opened by Mr. PLATT.