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Claym of Right

The Justices of the peace of the County of Middx assembled in
their Quarter Sessions Some time since having been informed by Some
of their own Body that offence was taken in the Court of Goal Delivery
at the Old Baily at Some Justices of the peace of this County Sitting
covered there(as one of the Sherriffs lately acquainted the Said Justices)
did in due manner and with all proper Regard to the Judges and other
Commrs. of Goal Delivery there proceed to inquire what right the
Justices of the peace in this County have of attending the Sessions of Goal
Delivery for the same County at the Old Baily and of the place and
manner of their sitting there and whether covered or otherwise, and
whether the Justices of the other Countys of England, who are not in
the Comicon of Oyer and Terminer or Goal Delivery for those Countys,
Sit covered in Court. In Consequence of which Enquiry. They found
that it hath been the constant uninterrupted of age for the Justices
of the peace of this County to be present at the Sessions of Goal
Delivery of the Old Baily if they thought proper so to be, or as occasion
might require, And also that the East Side of the Court has been
always reserved for them and Strangers have been frequently turned
out by the Direction of the Court to make room for the Justices and for
their better Accomodation, which they conceive to be a Strong Evidence
of their Right to Sit on the East Side there, And they can prove by the
most Ancient of their Brethren(one of whom has been above Fifty
Years in this Comicon)That it hath been the Constant usuage during
that time for the Justices of the peace of this County and even for those
of the City and Liberty of Westmr. to Sit covered in the Court of Goal
Delivery at the Old Baily when they thought fit, And they further
observe that their attendance at the old Baily is required and very
necessary for the publick Service in Order to the Conviction of Felons
and other Criminals by producing and proving Confessions and
Examinations as the Justices of the peace in all the other County of
England do at the Assizes who according to the best Information that
could be gained on this Occasion Sit covered on the Crown Side
when ever they please they attending by Virtue of his Maties
Commission and not as private Persons.

This being the State of the Case the Justices hope they Shall appear
to be well grounded in making it a Claim of Right to be covered in the
Court of Goal Delivery at the Old Baily when they think fit, and they
beg leave to informe your Lordship that it was owing to their repeated
Experience of your Lordships Great candour Equity and Humanity
and your Concerne often and publickly expressed for the Honour of
the Kings Commission of the peace That they determined to lay this
their Claim of Right in the First Instance before your Lordship