regarding Etc Altho' often requested hath hitherto refused and still doth refused to take said Oath or execute sd
office In Contempt Etc To the bad Example Etc And agt. the Peace Etc

Plea-

To which. Indictment the Deft has pleaded Not Guilty and given notice to Try his Traverse this Sessions

Case

This Prosecution is in order to try what hardly seemes to be a Question Vizt. Whether the Ward or parish are entituted
to the fine or Commutation for Ward Office in the Ward of Bpgate

The Deft is a house keeper in the parish of Saint Botolph Bpgate which is Co-extensive with the Ward and on the 22d. Dec. 1740
was at a wardmote duly elected Constable for the precinct of Saint Botolph without Bpgate in ye said Ward as sett out in the Indictment

Assoon as the Eleccon was over Mr. Thomas Emmerton< no role > Upper Church Warden of the said parish told the Aldran in an
insulting manner, that the Ward could not hold Deft to serve, for-he-had fined to him, that he had got ye money in his Pocket
would not part with it

The Aldran not tooking upon this payment as a legal-Excuse Ordered notice to be given to Deft of his Eleccon wch was
accordingly done

But Deft not appearing to take upon him the Office at the usual time, he was summoned to attend the Court of Aldren to
show cause why he did not.

Deft not being able to attend in person Mr. Scott his Attorney & the parish Officers attended for him and proved the payment of
the fine to Mr. Emmerton & then produced severall Old Church Wardens Accounts out of wch they read Severall Entries to prove
that the Ward fines had for above 100 years past been paid to the Church Wardens & that the Church Wardens had in some instances
issued money for the Expences of the Courts of Wardmote And this they insisted was Evidence of a Custom that the Ward Fines
belonged to the parish, And therefore Deft was legally exempted from Serving the office, to wch he had been elected at the Wardmote

But the Court of Aldren not being Satisfied with the Validity of Such pretended Custom were pleased to direct this
Indictment to be preferred in order to try the right And Deft is supported in his defence by Severall Gentlemen of the
parish out of mere opposon to the Aldren & Comon Councill of the Ward thereby in some degree insinuating that they are
not as fit to be trusted with the money as the parish officers

The Defts Attorney has Spa'd the Church Warden, Mr. William Hookham< no role > & given him notice to produce the following books
Vizt.

The Two large Books of Church Warden's accounts
The Three Registers of Vestry books
The Books of Accounts, as Church Wardens , of
John James< no role > 1689
Robert Roberts< no role > 1686
Abraham Gamage< no role > 1691
Joseph Huntman< no role > 1696
Richard Turner< no role > 1700
Matthew Betts< no role > 1704
John Beall< no role > 1712
Rd: Wilkinson< no role > l715
Thos: Powll< no role > 1716
Ben: Nodes< no role > 1718
Do:1719
Thos: Ryland< no role > 1721

In the three Vestry books wch reach from 1616 to the present time they will produce Instances almost in every year