In Septr: Session 1743
Thomas Eastmead< no role >
& his Wife were Indicted, on the Oyer Terminer
Commission for keeping a Bawdy house in Bell Savage Yard
.
The Reasons for finding the Indictment on the Comission, rather
than on the Comission of the Peace, were
1st
To Avoid the great Expence & delays attending Writs of Certiorari and
Procedendo (practices of late much set on foot, by the knowing Solicitors,
to obstruct the Course of Justice) and
2dly.
That the Example of Prosecution, as well as punishment might be
as Notorious as the House itself.
Soon afterwards the Deft. being taken up, entered into a Recognizance
before Cobl: De Veil< no role >
to Appear at the next Session; & accordingly in
October Session
They appeared and having pleaded Not Guilty, entered into the
Ususal Recognizance to prosecute their Travers pish effect at the Ensuing
SessionBut instead thereof, in
Decemr: Session
The Defts: having Obtained a Certiorari signed by the Lord Ch: Justice
Lee: to Remove this Indictment into the Court of King's Bench
brought
the same to the Old Bayley
to be allowed: but Mr. Ford suspecting that this
Wn't had been fraudulently obtained refused to Allow it, And upon Enquiry
it appeared that the Lord Chief Justice had been Imposed upon, for which
the Clerk in the Crown Office who Issued the Writ was dismist.
The Defnd. finding themselves thus disappointed moved the Court to
put of the Trial till the next Session, from an Apprehension (Sworn to)
that their Certiorari would have been allowed; with which leaf on the
Court being dissatisfied, refused to put it off but afterwards the Court
making a General Adjournment of all the Traverses on the Oyer &
Terminer Comission, this went off with the rest.
Janry Session
The Defts: made default, where by the Recognizance so entered into
by them in October Session become Estreateable, and they themselves
again Subject to the Magistrates Warrant, had not the prosecutors
himself brought a Certiorari
The