aforesaid before the said Justices lastmentioned cometh the said John
Eling under the Custody of Theodore Henry< no role > Broad head Esquire Sheriff
of the County of Surrey aforesaidinto whose Custody in the said Gaol for the
Cause aforesaid he had been before committed And being brought to
the Bar here in his owns proper person is committed to the said Sheriff
forthwith concerning the Premisses in the said Indictment above
specified and charged on him and being asked by the Court here
in what manner he would be acquitted thereof he the said John
Eling saith that he is Not Guilty thereof and concerning this for
good and ill he puts himself upon the County, Wherefore Let a
Jury thereupon immediately come before the said Justices of our said
Lord the King abovementioned and others their Fellows Justices
aforesaid here who are not of Kin to the said John Eling to
recognize upon their Oath whether the said John Eling be quilty of
the Felony and Burglary in the Indictment aforesaid above specified and charged on form or not
And the Jurors of the said Jury by the said Sheriff to this matter
impannelled and returned to wit Thomas Postle< no role > the waite Joseph< no role >
Kneeler James Eaton< no role > James Hebard William Griffiths< no role > Benjamin
Field Brice Lambert John Farnham John Field< no role > William
Deal William Slark and Edmund Fielder< no role > being called, also come
who being elected tried and sworn to speak the Truth of and
concerning the premisses aforesaid Do say upon their Oath that
the said John Eling< no role > is Not Guilty of feloniously and burglariously
breaking and entering the Dwelling House of the abovenamed
Catherine Anderson< no role > in manner and form as in and by the said
Indictment is above alledged but the same Jurors do further
say upon their Oath aforesaid that the said John Eling< no role > is guilty
of feloniously stealing taking and carrying away the Goods and
Chattles of the said Catherine Anderson< no role > and also the Goods and
Chattles of the said Henry Fosbery in the said Indictment
above specified of the Value of thirty nine Shillings And that
the said John Eling at the time of the committing the same
Felony or at any time since had not any Goods or Chattles Lands
or Tenements to the Knowledge of the said Jurors And hereupon
the said John Eling< no role > is asked by the Court here whether he can
say any thing for himself why the Court here should not proceed
to Judgment and Execution against tim upon the said Verdict
who prays the Benefit of a certain Act in the Parliament held
at Westminster in the fifth Year of the Reign of our late
Sovereign Lady Queen Anne in His behalf made and provided
and it allowed to him accordingly Therefore it is considered