ARTICLES DB PEKIN ET CABTERET

** wiffe, and that he knoweth not how long the said " Arthur was detained prisoner/'

2. — ^^ John Le Coasteur deposeth that he being ^' called unto the quarrell that happened betwixt the '* said parties, found them holding a naked dagger ^^ between their hands for the préservation of her *' Majestie's peace, and that he being commanded by " the Govemor to will the said Arthur to corne and " speake with him at the Castle, as well the said \

^* Arthur as Starck were committed to prison and ^^ Mavie De Eue, because he was one of the quarrelL ^' And further he saith, that Arthur his head was ^^ broken, and as for the imprisonment of the said ^' Arthur it was not for that Starck had misused him, ^' and the said Starck his head was broken also, but ^* he complained not that Arthur did the same, but " Mavie De Rue."

3. — ^^ Charles Arthur saith upon his oath that the " Govemor detained Nicol. Arthur and Mavie De ^^ Rue in prison, because they had broken the Queen's " peace, when the quarrell was between them and « Will. Starck/'

4. — ^^ NichoL Joumeaulx deposeth and saith that ^' the Govemor detained the said parties prisoners in *^ the Castle, because they had broke the Queen's " peace in the quarrell with the said Will. Starck, " whose head he saw then covered with a kirchief"

ô. — ^' Richard Amy cannot dépose to this interro- ** gatory."

6. — " George Radier knoweth nothing touching « this article/'

290 ARTICLB8 DB PBRIN BT CABTBRBT.

7. — ^^ Philip de Bue, unckle to Mavie de Rue, '^ knoweth likewise nothing but by heare-say touching «< the same article."

Rapport des Commissaires. Item, ^^ to the sixt ^^ The said Anthony did not, for the cause mençoned '^ in the said article, commit the said NichoL Arthur to ^^ prison, >ut a quarrell sudaînly happening between ^^ the said Arthur and the said Starck, mençoned in " this article, about adoggue, and both of them being ^^ wounded, the said Anthony Poulet committed them ** both for breaking the Queen's peace, for one night *• to prison, as the Govemor in such cases lawfuUy ^* might do. And yet, at the Plaintiffis importunitie, ^^ we examined many wittnesses of their part, which '^ we hâve allso herewith certifyed, and no matter of '^ suffîcient proofe appeared of the Plaintiffs allégation " touching the said article."

Un article des Ordonnances du Roy Henry VII porte, ^^ Que le Capitaine, de sa meure auctorité, ne son Député, ne aussi aulcun Souldoier dudit Chasteau à empiisonnement aulcun des subjects du Roy d'icelle Isle, &c." n n'y a là distinction aucune de la cause ni de la durée de l'emprisonnement. Comment est-ce que les Commissaires, qui allèguent ces Ordonnances à toute heure, pouvoyent dire, as the Oovemar lawjulfy might do f H est vrai qu'une autre Ordonnance de Jaq. L Juin 9, 160o, contient, entre plusieurs autres Règlements pour Guemesey, that the Govemor shall not be restrained to commit any Islanders to prison upon such cause as he shall think to havejustly deserved imprisonment But for as much as every partictUar or