Andrian Scroop proceedingsdefend was Indicted for committing Murther on the Body of William Best proceedingsvictim , at a certain Tavern in Kings-street Westminster , the circumstances as they were sworn in Court, are as follows, that the deceased and the Prisoner being at the said Tavern in the Evening, some violent Fudes arose between them, whereupon they both went out, which the rest of the Company observing, followed them, the better to prevent and hinder them from injuring each other, sothat by the mediation of some Gentlemen, they seemingly were pacifyed, and did return to the same place, where the Prisoner acknowledged his sorrow for some unadvized words he had thrown out in Passion, but not having long renewed that Friendship, ere a greater contest arose, upon which the deceased threw two several Tankards at the Prisoner, and with the later-hit him on the head; whereupon in great disgust he leaves the Room, but the deceased following him, he drew his Sword, and in the dark run him in under the left Pap, so that it entering about five inches, it proved mortal, yet after that the Prisoner being disarmed by the Company to part the Fray, caught the deceased by the Nose with his Teeth; all which was acted on the second of December , yet-Best deceased not till about five weeks after, therefore no malice being proved, it was found Manslaughter .