<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2008-05-02</DATE>
<RESPSTMT>
<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B080412.pdcc.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="B02599">
<STC T="W">C959B</STC>
<BIBNO T="oclc">49520851</BIBNO>
<VID>174095</VID>
</IDG>
<TEXT>
<BODY>
<DIV1 TYPE="lawsuit">
<PB REF="1" MS="y"><!-- PDF PAGE 5 -->
<HEAD>The CASE of Mr. WYNNE, AGAINST <HI>Capell, Swaine</HI> and <HI><HI>Price,</HI> PETITIONERS.</HI></HEAD>
<P><LABEL>John Capell.</LABEL> THE 24th of <HI>March</HI> 1688/9, he delivered me at <HI>Hampton-Court,</HI> an In|formation of his own Hand-Writing; which I delivered the &s;ame Day to the Right Honourable the Earl of <HI>Shrewsbury.</HI> Some Days after, <HI>Capell</HI> ask'd me for <HI>&s;ome Money,</HI> to defray his Charges back to <HI>Wind&s;or:</HI> But I not complying with his De&s;ire, he hath ever &s;ince Publi&s;hed, That I had <HI>Suppre&s;|&s;ed Trea&s;onable Informations,</HI> calling me, <HI>Traytor, &amp;c.</HI> Whereupon I was advi&s;ed to take my Remedy at Law again&s;t him; and complaining to the Bench of Ju&s;tices of the Peace in <HI>Middle&s;ex,</HI> for being <HI>Scandalized in my Office,</HI> obtain'd a Bench-Warrant again&s;t the &s;aid <HI>Capell,</HI> upon the 29th of <HI>Augu&s;t</HI> 1689. Being taken in <HI>November,</HI> he appeared according to his Recognizance at <HI>Hicks-Hall,</HI> on the 16th of <HI>December,</HI> being the la&s;t Day of the Se&s;&s;ions. I de&s;ired he might be continued till the next Se&s;&s;ions, for that I had fre&s;h and further Informations again&s;t him; and objecting again&s;t his Bail, <HI>viz. John Temple,</HI> and <HI>John Price,</HI> as being reputed <HI>Common Informers,</HI> and In&s;olvent, the &s;aid <HI>Capell</HI> was Committed for want of Bail, and not for the Rea&s;ons &s;ugge&s;ted to the Honourable Hou&s;e of Commons, as by the Votes of the 17th of <HI>December.</HI></P>
<P><LABEL>Robert Swaine</LABEL> He and another, brought before me (in <HI>Augu&s;t</HI> 1689) one <HI>White, alias Grey,</HI> a &s;u&s;|pected Popi&s;h Prie&s;t; <HI>White</HI> alledged, he was a Mini&s;ter of the Church of <HI>England,</HI> but could not produce to me his Letters of Ordination. I told him, That I mu&s;t then com|mit him to Jail; he replied, He had been taken up already by the &s;ame Warrant, (and by the &s;ame Per&s;ons) about a Month before, and &s;tood Bound over to the next Se&s;&s;ions, before two other Ju&s;tices of the Peace, (as by the Recognizance will appear;) So that I directed them, to apply to the &s;ame Ju&s;tices again, if they had any thing further to &s;ay again&s;t him.</P>
<P><HI>Swaine</HI> has ever &s;ince Publi&s;hed, 1. That <HI>I had Di&s;charg'd a Popi&s;h Prie&s;t.</HI> 2. That <HI>I was a Rogue, and Ry&s;cal, and held Corre&s;pondence with the late King</HI> James. 3. That <HI>he had told the King's Maje&s;ty, how that I had betrayed His Maje&s;ty, and the Nation, by Di&s;covering the Coun&s;els to the late King</HI> James, <HI>&amp;c.</HI> 4. That <HI>before HE and OTHERS would have done with me, they would have me in</HI> Newgate, <HI>and u&s;ed as a Traytor;</HI> that in the mean time, <HI>he had got me turn'd out of the Secretary of State's Office, &amp;c.</HI> As doth appear by &s;everal Informations upon Oath, <HI>Numb.</HI> 1, 2, 3, 4. Upon which, I was al&s;o advi&s;ed, to bring my Action at Law again&s;t the &s;aid <HI>Swaine,</HI> which is now depen|ding.</P>
<P><LABEL>John Price</LABEL> One of the Three Petitioners, I know not, and never had any Di&s;cour&s;e with him; on|ly in the above&s;aid Informations upon Oath, the Names of <HI>Capell, Swaine,</HI> and <HI>Price,</HI> (with &s;ome other <HI>Engli&s;h,</HI> and <HI>Iri&s;h Men,</HI>) are mentioned to be a Gang, that drive on the Trade of <HI>Common Informers,</HI> and &s;uch as Con&s;pir'd together to do me Mi&s;chief.</P>
<P><NOTE PLACE="marg"><HI>That</HI> Capell, Swaine, <HI>and</HI> Price, <HI>are</HI> Common In|formers.</NOTE>That <HI>Capell</HI> is &s;uch, appears by his having followed no other Trade &s;ince <HI>March</HI> la&s;t; and being Committed the 16th of <HI>December,</HI> for want of Bail, declared, <HI>It would be a Job worth to him</HI> 20 l. As by Affidavit upon Oath, <HI>Numb.</HI> 9.</P>
<P>That he Lodged at a Papi&s;ts Hou&s;e, and protected Papi&s;ts, by pretending to be one of the Kings Me&s;&s;engers; And took Money of Papi&s;ts, to excu&s;e them from being taken up, <HI>Numb.</HI> 10. 11.</P>
<P><LABEL>Swaine</LABEL> That <HI>he</HI> took Money of People he &s;eized upon pretence of High Trea&s;on, without &s;hewing any Warrant, or u&s;ing any Legal Officer, as by Affidavits upon Oath, <HI>Numb.</HI> 4, 5, 7, 8, 11.</P>
<P>That he pro&s;ecuted one, &s;ome years ago, for &s;peaking Seditious Words again&s;t the late King <HI>James;</HI> and offer'd to Compound for a Treat, and &s;ome Money; and, for a Guinea to get the Indictment found <HI>Ignoramus, Numb.</HI> 8.</P>
<P><LABEL>Price</LABEL> That he often pa&s;s'd for one of the Kings Me&s;&s;engers, appears by the above&s;aid Affidavits upon Oath, (<HI>Numb.</HI> 5, 6, 7, 11.) which are again&s;t him, and <HI>Swaine,</HI> jointly. And that he and his Gang, pretending they were the Kings Officers, Riffled Hou&s;es, without either Warrant or Con&s;table, taking away &s;everal Books, and other Things, <HI>Numb.</HI> 6.</P>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
