An impartial account of the trial of the Lord Conwallis [sic]
         Cornwallis of Eye, Charles Cornwallis, Baron, 1655-1698.
      
       
         
           1679
        
      
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         A46139
         Wing I78
         ESTC R7670
         12815145
         ocm 12815145
         94129
         
           
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             An impartial account of the trial of the Lord Conwallis [sic]
             Cornwallis of Eye, Charles Cornwallis, Baron, 1655-1698.
          
           [2], 12 p.
           
             [s.n.],
             London :
             1679.
          
           
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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           Cornwallis of Eye, Charles Cornwallis, -- Baron, 1655-1698 -- Trials, litigation, etc.
           Trials (Murder) -- England.
        
      
    
     
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           AN
           IMPARTIAL
           ACCOUNT
           OF
           THE
           TRIAL
           OF
           THE
           LORD
           CONWALLIS
           .
        
         
           LONDON
           ,
           Printed
           in
           the
           Year
           .
           1679.
           
        
      
    
     
       
         
         
         
           AN
           IMPARTIAL
           ACCOUNT
           OF
           THE
           TRIAL
           OF
           THE
           LORD
           CONWALLIS
           .
        
         
           AFTER
           my
           Lord
           High
           Steward
           was
           ascended
           to
           the
           High
           Chair
           of
           State
           ,
           and
           sate
           down
           therein
           ,
           the
           Commission
           was
           delivered
           by
           the
           Clerk
           of
           the
           Crown
           in
           the
           Chancery
           to
           my
           Lord
           on
           his
           Knees
           ,
           who
           delivered
           it
           to
           Sir
           
             Thomas
             Fanshaw
          
           Clerk
           of
           the
           Crown
           in
           the
           Kings
           Bench
           Office
           ,
           and
           he
           received
           it
           kneeling
           .
        
         
           Then
           Proclamation
           was
           made
           by
           the
           Serjeant
           at
           Arms
           who
           was
           Cryer
           for
           the
           day
           .
        
         
           
             Serjeant
             .
          
           
             O
             Yes
             ,
             O
             Yes
             ,
             O
             Yes
             .
             My
             Lord
             High
             Steward
             of
             England
             strictly
             chargeth
             and
             commandeth
             all
             manner
             of
             Persons
             here
             present
             upon
             pain
             of
             Imprisonment
             ,
             to
             keep
             silence
             and
             give
             Ear
             to
             his
             Majesties
             Commission
             ,
             To
             my
             Lord
             High
             Steward
             of
             England
             ,
             to
             his
             Grace
             directed
             .
          
           
             The
             Clerk
             of
             the
             Crown
             with
             his
             Face
             to
             my
             Lord
             High
             Steward
             Reads
             it
             thus
             ,
          
        
         
           
             Clerk
             of
             the
             Crown
             .
          
           
             
               Charles
               Rex
               Carolus
               Secundus
            
             ,
             &c.
             
          
           
             All
             which
             time
             my
             Lord
             and
             the
             Peers
             stood
             up
             bare
             .
          
        
         
           
             Serjeant
             .
          
           
             God
             save
             the
             King.
             
          
        
         
           
             Cl.
             Cr.
             
          
           
             Make
             Proclamation
             .
          
        
         
           
             Serjeant
             .
          
           
             O
             Yes
             ,
             The
             King
             at
             Arms
             ,
             and
             the
             Usher
             of
             the
             
               Black
               Rod
            
             on
             their
             Knees
             deliver
             the
             White
             Staff
             to
             my
             Lord
             ,
             who
             re-delivered
             it
             to
             the
             Usher
             of
             the
             
               Black
               Rod
            
             ,
             who
             held
             it
             up
             all
             the
             time
             before
             him
             .
          
        
         
           
             Cl.
             Cr.
             
          
           
             Make
             Proclamation
             .
          
        
         
           
             Serjeant
             .
          
           
             O
             Yes
             .
             My
             Lord
             
               High
               Steward
            
             of
             England
             strictly
             chargeth
             and
             commandeth
             all
             Justices
             and
             Commissioners
             ,
             and
             all
             and
             every
             person
             and
             persons
             to
             whom
             any
             Writ
             or
             Precept
             have
             been
             directed
             for
             the
             certifying
             of
             any
             Indictment
             ,
             or
             of
             any
             other
             Record
             before
             my
             Lord
             
               High
               Steward
            
             of
             England
             to
             certifie
             and
             bring
             the
             same
             immediately
             according
             to
             the
             Tenor
             of
             the
             said
             Writs
             and
             Precepts
             unto
             them
             ,
             or
             any
             of
             them
             directed
             on
             Pain
             and
             Peril
             as
             shall
             fall
             thereon
             .
          
           
           
             The
             Lord
             Chief
             Justice
             of
             the
             Kings
             Bench
             return'd
             his
             Certiorari
             ,
             and
             the
             Record
             of
             the
             Indictment
             by
             the
             Grand
             Jury
             of
             Middlesex
             ,
             which
             was
             read
             by
             the
             Clerk
             of
             the
             Crown
             ,
             
               in
               haec
               verba
            
             .
          
        
         
           
             Cl.
             Cr.
             
          
           
             Virtute
             ,
             &c.
             
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Call
             the
             Constable
             of
             the
             Tower
             to
             return
             his
             Precept
             and
             his
             Prisoner
             .
          
        
         
           
             Cl.
             Cr.
             
          
           
             Make
             Proclamation
             .
          
        
         
           
             Serjeant
             .
          
           
             O
             Yes
             ,
             Constable
             of
             the
             Tower
             of
             London
             ,
             return
             the
             Precept
             to
             thee
             directed
             ,
             and
             bring
             forth
             the
             Prisoner
             Charles
             Lord
             Conwallis
             ,
             on
             Pain
             and
             Peril
             as
             will
             fall
             thereon
             .
          
           
             The
             Lord
             Lieutenant
             of
             the
             Tower
             brought
             in
             the
             Prisoner
             on
             his
             left
             Hand
             ,
             with
             the
             Axe
             before
             him
             ,
             born
             by
             the
             Deputy
             Lieutenant
             ,
             which
             he
             held
             with
             the
             Edge
             from
             him
             ,
             and
             returned
             his
             Precept
             
               in
               haec
               verba
            
             .
          
        
         
           
             Cl.
             Cr.
             
          
           
             Virtute
             ,
             &c.
             
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Call
             the
             Serjeant
             at
             Arms
             to
             return
             his
             Precept
             .
          
        
         
           
             Cl.
             Cr.
             
          
           
             Make
             Proclamation
             .
          
        
         
           
             Serjeant
             .
          
           
             O
             Yes
             ,
             
               Roger
               Harfnet
            
             
               Esq
            
             Serjeant
             at
             Arms
             to
             our
             Soveraign
             Lord
             the
             King
             ,
             return
             the
             Precept
             to
             thee
             directed
             ,
             with
             the
             Names
             of
             all
             the
             Lords
             and
             Noblemen
             of
             this
             Realm
             ,
             Peers
             of
             Charles
             Lord
             Conwallis
             by
             thee
             summoned
             ,
             to
             be
             heard
             this
             day
             ,
             on
             pain
             and
             peril
             as
             will
             fall
             thereon
             .
          
           
             He
             delivered
             his
             Precept
             return'd
             with
             a
             Schedule
             annexed
             thus
             ;
          
        
         
           
             Cl.
             Cr.
             
          
           
             
               Virtute
               ,
               &c.
            
             Make
             Proclamation
             .
          
        
         
           
             Serjeant
             .
          
           
             O
             Yes
             ,
             All
             Marquesses
             ,
             Earls
             ,
             Vicounts
             ,
             and
             Barons
             of
             this
             Realm
             of
             England
             ,
             Peers
             of
             Charles
             Lord
             Conwallis
             ,
             which
             by
             Commandment
             of
             the
             Lord
             
               High
               Steward
            
             of
             England
             ,
             are
             summoned
             to
             appear
             this
             day
             ,
             and
             to
             be
             present
             in
             Court
             ,
             and
             to
             answer
             to
             your
             Names
             ,
             as
             you
             are
             called
             ,
             every
             one
             upon
             pain
             and
             peril
             as
             will
             fall
             thereon
             .
          
           
             Then
             the
             Panel
             was
             called
             over
             ,
             the
             number
             of
             Peers
             summoned
             were
             35.
             in
             order
             as
             followeth
             ,
          
           
             Thomas
             Earl
             of
             Danby
             ,
             Lord
             
               High
               Treasurer
            
             of
             England
             ,
             &c.
             
          
           
             All
             that
             appeared
             ,
             answered
             to
             the
             call
             ,
             standing
             up
             bare
             .
          
           
             Then
             my
             Lord
             
               High
               Steward
            
             made
             a
             Speech
             to
             the
             Prisoner
             at
             the
             Bar
             thus
             ,
             
               
                 
                   Lord
                   High
                   Steward
                   .
                
                 
                   
                     
                       My
                       Lord
                    
                     Conwallis
                     .
                  
                
                 
                   The
                   violation
                   of
                   the
                   Kings
                   Peace
                   ,
                   in
                   the
                   chief
                   Sanctuary
                   of
                   it
                   ,
                   his
                   own
                   Royal
                   Palace
                   ,
                   and
                   in
                   so
                   high
                   a
                   manner
                   ,
                   as
                   by
                   the
                   Death
                   of
                   one
                   of
                   his
                   Subjects
                   ,
                   is
                   a
                   matter
                   that
                   must
                   be
                   accounted
                   for
                   .
                   And
                   that
                   it
                   may
                   be
                   so
                   ,
                   It
                   hath
                   pleased
                   the
                   King
                   to
                   command
                   this
                   High
                   and
                   Honourable
                   Court
                   to
                   Assemble
                   ,
                   in
                   order
                   to
                   a
                   strict
                   and
                   impartial
                   Enquiry
                   .
                
                 
                   The
                   Wisdom
                   of
                   the
                   Law
                   hath
                   therefore
                   styled
                   it
                   the
                   Kings
                   Peace
                   ,
                   because
                   it
                   is
                   his
                   Authority
                   that
                   commands
                   it
                   ,
                   it
                   is
                   his
                   Justice
                   that
                   secures
                   it
                   ,
                   it
                   is
                   he
                   on
                   whom
                   Men
                   do
                   rely
                   for
                   the
                   safety
                   of
                   their
                   Liberties
                   ,
                   and
                   their
                   Lives
                   ;
                   in
                   him
                   they
                   trust
                   that
                   a
                   severe
                   Account
                   shall
                   be
                   taken
                   of
                   all
                   the
                   Violences
                   and
                   Injuries
                   that
                   are
                   offered
                   to
                   them
                   ,
                   and
                   they
                   that
                   trust
                   in
                   the
                   King
                   can
                   never
                   be
                   deceived
                   .
                
                 
                   It
                   is
                   your
                   Lordships
                   great
                   unhappiness
                   at
                   this
                   time
                   to
                   stand
                   Prisoner
                   at
                   the
                   Bar
                   ,
                   under
                   the
                   weight
                   of
                   no
                   less
                   a
                   Charge
                   than
                   an
                   Indictment
                   of
                   Murder
                   ;
                   and
                   it
                   is
                   not
                   to
                   be
                   wondred
                   at
                   ,
                   if
                   so
                   great
                   a
                   misfortune
                   as
                   this
                   be
                   attended
                   with
                   some
                   kind
                   of
                   confusion
                   of
                   Face
                   ;
                   when
                   a
                   Man
                   sees
                   himself
                   
                   become
                   a
                   spectacle
                   of
                   Misery
                   in
                   so
                   great
                   a
                   presence
                   ,
                   and
                   before
                   so
                   Noble
                   ,
                   and
                   so
                   Illustrious
                   an
                   Assembly
                   ;
                   But
                   be
                   not
                   yet
                   dismay'd
                   my
                   Lord
                   for
                   all
                   this
                   ,
                   let
                   not
                   the
                   Fears
                   and
                   Terrors
                   of
                   Justice
                   so
                   amaze
                   and
                   surprise
                   you
                   ,
                   so
                   as
                   to
                   betray
                   those
                   succours
                   that
                   your
                   reason
                   would
                   afford
                   you
                   ,
                   or
                   to
                   disarm
                   you
                   of
                   those
                   helps
                   which
                   good
                   discretion
                   may
                   Administer
                   ,
                   and
                   which
                   are
                   now
                   extreamly
                   necessary
                   .
                
                 
                   It
                   is
                   indeed
                   a
                   dreadful
                   thing
                   to
                   fall
                   into
                   the
                   hands
                   of
                   Justice
                   ,
                   where
                   the
                   Law
                   is
                   the
                   Rule
                   ,
                   and
                   a
                   severe
                   and
                   inflexible
                   measure
                   both
                   of
                   Life
                   and
                   Death
                   .
                   But
                   yet
                   it
                   ought
                   to
                   be
                   some
                   comfort
                   to
                   your
                   Lordships
                   ,
                   that
                   you
                   are
                   now
                   to
                   be
                   tried
                   by
                   my
                   Lords
                   your
                   Peers
                   ,
                   and
                   that
                   now
                   you
                   see
                   the
                   Scales
                   of
                   Justice
                   are
                   held
                   by
                   such
                   Noble
                   hands
                   ,
                   you
                   may
                   be
                   confident
                   they
                   will
                   put
                   into
                   them
                   all
                   the
                   Grains
                   of
                   allowance
                   ,
                   either
                   Justice
                   or
                   Honour
                   will
                   bear
                   .
                
                 
                   Hearken
                   therefore
                   to
                   your
                   Indictment
                   with
                   quietness
                   and
                   attention
                   ,
                   observe
                   what
                   the
                   Witn●sses
                   say
                   against
                   you
                   without
                   interruption
                   ;
                   and
                   reserve
                   what
                   you
                   have
                   to
                   say
                   for
                   your self
                   ,
                   till
                   it
                   shall
                   come
                   to
                   your
                   turn
                   to
                   make
                   your
                   defence
                   ,
                   of
                   which
                   I
                   shall
                   be
                   sure
                   to
                   give
                   you
                   notice
                   ;
                   and
                   when
                   the
                   time
                   comes
                   ,
                   assure
                   your self
                   you
                   shall
                   be
                   heard
                   ,
                   not
                   only
                   with
                   Patience
                   ,
                   but
                   with
                   Candor
                   too
                   .
                
                 
                   And
                   then
                   what
                   Judgement
                   soever
                   my
                   Lords
                   will
                   give
                   you
                   ,
                   your self
                   will
                   (
                   and
                   all
                   the
                   World
                   )
                   be
                   forc'd
                   to
                   acknowledge
                   the
                   Justice
                   and
                   Equity
                   of
                   their
                   Judgment
                   ,
                   and
                   the
                   Righteousness
                   of
                   all
                   their
                   Lordships
                   Proceedings
                   .
                
              
            
          
        
         
           Read
           the
           Indictment
           .
        
         
           
             Cl.
             Cr.
             
          
           
             Charles
             Lord
             Conwallis
             ,
             Thou
             standest
             Indicted
             in
             the
             County
             of
             Middlesex
             by
             the
             Name
             of
             ,
             &c.
             
             How
             sayest
             thou
             Charles
             Lord
             Conwallis
             ,
             Art
             thou
             guilty
             of
             this
             Felony
             and
             Murder
             whereof
             thou
             standest
             Indicted
             ,
             Or
             not
             guilty
             ?
          
        
         
           
             Lord
             Conw
             .
          
           
             
               Not
               Guilty
            
             .
          
        
         
           
             Cl.
             Cr.
             
          
           
             How
             wilt
             thou
             be
             tri'd
             ?
          
        
         
           
             Ld.
             Con.
             
          
           
             
               By
               God
               and
               my
               Peers
            
             .
          
           
             Then
             my
             Lord
             
               High
               Steward
            
             addressed
             himself
             to
             the
             Lords
             thus
             ,
          
        
         
           
             Ld.
             H.
             Stew.
             
          
           
             
               My
               Lords
               ,
               Your
               Lordships
               have
               here
               a
               Member
               before
               you
               of
               your
               Noble
               Body
               ,
               exposed
               to
               the
               shame
               of
               a
               publick
               Arraignment
               ,
               and
               (
               which
               to
               a
               Man
               of
               Honour
               is
               much
               less
               )
               to
               the
               hazard
               ,
               both
               of
               his
               Life
               and
               Estate
               ;
               All
               that
               he
               hath
               and
               ever
               hopes
               to
               have
               ,
               his
               Wealth
               ,
               his
               Fame
               ,
               his
               Posterity
               .
               All
               that
               is
               valuable
               to
               him
               in
               this
               World
               intirely
               depends
               on
               your
               Lordships
               Judicature
               ,
               who
               are
               now
               his
               Peers
               ,
               and
               on
               whom
               he
               doth
               freely
               put
               himself
               .
            
          
           
             
               My
               Lords
               ,
               The
               Priviledge
               of
               this
               kind
               of
               Tryal
               and
               Judicature
               is
               a
               part
               of
               the
               true
               greatness
               of
               the
               English
               Nobility
               :
               It
               is
               an
               eminent
               and
               an
               illustrious
               Priviledge
               .
               It
               is
               a
               solid
               Point
               of
               Honour
               and
               Dignity
               .
               It
               is
               a
               Priviledge
               that
               no
               Neighbour
               Nation
               ever
               had
               ,
               and
               a
               Priviledge
               this
               Nation
               never
               was
               without
               .
            
          
           
             
               It
               is
               not
               a
               Priviledge
               Created
               by
               the
               Great
               Charter
               ,
               but
               confest
               and
               acknowledged
               by
               it
               .
               They
               look
               but
               a
               little
               way
               that
               find
               this
               in
               the
               steps
               of
               the
            
             Norman
             
               Conquest
               ,
               for
               it
               is
               to
               be
               found
               even
               in
               the
               footsteps
               of
               the
            
             Saxon
             
               Monarchy
               ,
               when
            
             Godwyn
             
               Earl
               of
            
             Kent
             
               was
               Tried
               by
               Earls
               and
               Barons
               .
               And
               it
               is
               no
               improbable
               conjecture
               of
               theirs
               ,
               who
               do
               think
               the
               Wisdom
               of
               this
               Constitution
               was
               taken
               from
               that
               Law
               amongst
               the
            
             Romans
             ,
             
               whereby
               it
               was
               made
               unlawful
               for
               any
               Man
               to
               sit
               upon
               a
               Senator
               ,
               that
               was
               not
               himself
               of
               the
               same
               Order
               ;
               a
               Priviledge
               ,
               that
               (
               as
               learned
               Civilians
               tell
               us
               )
               continued
               with
               them
               during
               the
               Raign
               of
               many
               of
               the
            
             Roman
             
               Emperors
               .
               But
               ,
               my
               Lords
               ,
               as
               this
               is
               a
               Priviledge
               as
               antient
               as
               Monarchy
               ,
               so
               we
               have
               found
               by
               many
               old
               Experiences
               ,
               that
               it
               cannot
               be
               taken
               away
               without
               
               the
               dissolution
               of
               that
               Government
               :
               Therefore
               this
               is
               one
               of
               those
               many
               tyes
               by
               which
               the
               interest
               of
               the
               Nobility
               ,
               as
               well
               as
               their
               duty
               ,
               have
               obliged
               them
               to
               the
               Service
               of
               the
               King.
               
            
          
           
             
               In
               the
               exercise
               of
               this
               Priviledge
               at
               this
               time
               ;
               I
               know
               your
               Lordships
               will
               weigh
               the
               Fact
               with
               all
               the
               Circumstances
               ,
               whereby
               it
               is
               to
               receive
               its
               true
               and
               its
               proper
               Doom
               .
               Your
               Lordships
               are
               too
               just
               ,
               to
               let
               pitty
               make
               any
               abatement
               for
               the
               Crime
               ,
               and
               too
               wise
               to
               let
               Rethorick
               make
               any
               Improvement
               of
               it
               :
               This
               only
               will
               be
               necessary
               to
               be
               observed
               by
               all
               your
               Lordships
               ,
               that
               the
               fowler
               the
               Crime
               is
               ,
               the
               clearer
               and
               the
               plainer
               ought
               the
               Proof
               of
               it
               to
               be
               .
               There
               is
               no
               other
               good
               reason
               can
               be
               given
               ,
               why
               the
               Law
               refuseth
               to
               allow
               the
               Prisoner
               at
               the
               Bar
               Counsel
               in
               matter
               of
               Fact
               ,
               when
               his
               Life
               is
               concerned
               ,
               but
               only
               this
               ,
               because
               the
               Evidence
               by
               which
               he
               is
               condemned
               ,
               ought
               to
               be
               so
               very
               evident
               and
               so
               plain
               ,
               that
               all
               the
               Councell
               in
               the
               world
               should
               not
               be
               able
               to
               answer
               it
               :
               upon
               this
               ground
               it
               is
               ,
               that
               the
               Law
               hath
               trusted
               your
               Lordships
               with
               the
               Tryal
               of
               your
               Fellow
               Peers
               ;
               no
               trust
               can
               be
               more
               nobly
               lodged
               ,
               nor
               no
               Judicature
               had
               ever
               more
               true
               submission
               made
               to
               it
               :
               Therefore
               it
               would
               be
               in
               me
               some
               want
               of
               respect
               to
               this
               August
               and
               noble
               Assembly
               ,
               should
               I
               go
               about
               to
               put
               your
               Lordships
               in
               mind
               of
               your
               Duty
               :
               no
               doubt
               you
               will
               observe
               the
               Evidence
               carefully
               ,
               weigh
               it
               diligently
               ,
               and
               when
               that
               is
               done
               ,
               it
               is
               impossible
               but
               the
               Judgment
               you
               will
               give
               ,
               must
               be
               Right
               and
               Honourable
               ,
               and
               worthy
               of
               so
               wise
               and
               so
               great
               a
               Body
               ;
               Therefore
               I
               will
               not
               detein
               your
               Lordships
               any
               longer
               ,
               from
               hearing
               the
               Evidence
               that
               is
               ready
               to
               be
               offered
               unto
               you
               .
            
          
        
         
           
             Cler.
             Cr.
             
          
           
             Make
             Proclamation
             .
          
        
         
           
             Serj.
             
          
           
             O
             yes
             ,
             if
             any
             will
             give
             Evidence
             for
             our
             Sovereign
             Lord
             the
             King
             ,
             against
             Charles
             Lord
             Conwallis
             ,
             Prisoner
             at
             the
             Bar
             ,
             let
             him
             come
             forth
             ,
             and
             he
             shall
             be
             heard
             ;
             for
             the
             Prisoner
             stands
             at
             the
             Bar
             upon
             his
             deliverance
             .
          
        
         
           The
           Indictment
           was
           again
           read
           to
           the
           Peers
           .
        
         
           
             Serj.
             Maynard
             .
          
           
             Then
             Serj.
             Maynard
             the
             Kings
             Serj.
             at
             Law
             ,
             began
             thus
             ,
          
           
             May
             it
             please
             your
             Grace
             ,
             my
             Lord
             High
             Steward
             of
             England
             and
             this
             Great
             and
             Noble
             Assembly
             ;
          
           
             The
             Prisoner
             at
             the
             Bar
             ,
             Charles
             Lord
             Conwallis
             standeth
             indicted
             of
             a
             great
             Crime
             ,
             that
             he
             togather
             with
             
               Charles
               Gerrard
            
             ,
             and
             
               Edward
               Bourne
            
             ,
             not
             having
             in
             his
             heart
             the
             fear
             of
             God
             ,
             but
             instigated
             by
             the
             Suggestions
             of
             the
             Devil
             ,
             the
             18.
             of
             May
             last
             ,
             did
             Felloniously
             and
             of
             his
             Malice
             fore-thought
             ,
             assault
             one
             
               Robert
               Clerk
            
             in
             Whitehall
             ,
             and
             that
             Mr.
             Gerrard
             took
             him
             up
             in
             his
             Arms
             ,
             flung
             him
             down
             ,
             and
             broke
             his
             Neck
             ,
             of
             which
             he
             instantly
             died
             ;
             to
             this
             he
             hath
             pleaded
             not
             guilty
             :
             It
             lies
             upon
             us
             who
             are
             Counsell
             for
             the
             King
             ,
             in
             this
             case
             to
             prosecute
             it
             ,
             and
             prove
             it
             to
             you
             .
          
           
             Sir
             
               William
               Jones
            
             the
             Kings
             Attorney
             General
             then
             spake
             thus
             .
          
        
         
           
             Attorn
             .
             Gener.
             
          
           
             May
             it
             place
             your
             Grace
             ;
             my
             Lord
             High
             Steward
             of
             England
             ,
             and
             my
             Lords
             summoned
             for
             the
             Tryal
             of
             the
             Prisoner
             at
             the
             Bar
             :
          
           
             This
             Noble
             Lord
             stands
             Indicted
             for
             Murder
             ;
             an
             Offence
             ,
             my
             Lord
             ,
             which
             is
             the
             first
             and
             greatest
             that
             is
             forbidden
             by
             the
             second
             Table
             ,
             and
             an
             Offence
             of
             that
             nature
             ,
             that
             the
             Law
             of
             God
             hath
             by
             a
             most
             Peremptory
             Sentence
             condemned
             and
             decreed
             ,
             that
             whoso
             sheddeth
             mans
             Blood
             ,
             by
             Man
             shall
             his
             Blood
             be
             shed
             .
             Whether
             this
             Noble
             Lord
             be
             guilty
             of
             it
             ,
             remains
             upon
             your
             Lordships
             to
             try
             ,
             and
             I
             shall
             very
             shortly
             state
             the
             matter
             of
             Fact
             ,
             which
             we
             shall
             prove
             ,
             and
             then
             let
             the
             Evidence
             be
             offered
             to
             you
             .
             We
             do
             not
             pretend
             ,
             my
             Lords
             ,
             neither
             doth
             the
             Indictment
             lay
             it
             ,
             that
             this
             great
             Offence
             was
             committed
             by
             the
             hand
             of
             my
             Lord
             Conwallis
             .
          
           
             For
             I
             know
             your
             Lordships
             have
             observed
             the
             Indictment
             ,
             by
             which
             it
             
             is
             alleadged
             that
             the
             hand
             of
             Mr.
             Gerrard
             did
             the
             Fact
             :
             But
             my
             Lords
             ,
             if
             we
             shall
             make
             it
             out
             that
             my
             Lord
             Conwallis
             did
             concur
             to
             this
             Act
             ,
             and
             had
             in
             himself
             at
             that
             time
             an
             Intent
             to
             be
             a
             Murtherer
             ;
             then
             it
             will
             be
             declared
             by
             his
             Grace
             my
             Lord
             High
             Steward
             ,
             and
             my
             Lords
             the
             Judges
             ,
             that
             though
             his
             hand
             and
             did
             it
             not
             ,
             yet
             he
             is
             equally
             guilty
             as
             if
             it
             had
             .
          
           
             Now
             to
             make
             out
             the
             Charge
             against
             him
             ,
             our
             Evidence
             will
             be
             shortly
             thus
             ;
          
           
             On
             the
             18.
             of
             May
             last
             ,
             Early
             in
             the
             Morning
             ,
             between
             the
             hours
             of
             one
             and
             two
             came
             down
             two
             Gentlemen
             with
             three
             Footmen
             behind
             them
             out
             of
             the
             Gallery
             at
             Whitehall
             ,
             by
             the
             Stairs
             that
             lead
             down
             to
             the
             Park
             :
             I
             call
             them
             two
             Gentlemen
             ,
             because
             it
             was
             not
             then
             discovered
             who
             they
             were
             ,
             or
             of
             what
             quality
             ;
             but
             your
             Lordships
             will
             perceived
             by
             the
             course
             of
             the
             Evidence
             ;
             They
             were
             my
             Lord
             Conwallis
             and
             Mr.
             Gerrard
             comming
             down
             to
             that
             unseasonable
             hour
             ;
             the
             first
             Question
             they
             askt
             the
             Centinel
             (
             who
             watched
             at
             the
             Foot
             of
             the
             Staires
             )
             was
             the
             hour
             of
             the
             Night
             ,
             and
             from
             him
             had
             accompt
             that
             it
             was
             so
             much
             .
          
           
             The
             Prisoner
             and
             Mr.
             Gerrard
             were
             somewhat
             distempered
             with
             drink
             ,
             and
             made
             him
             a
             reply
             that
             he
             lyed
             ,
             with
             great
             Oaths
             accompanying
             it
             ;
             at
             that
             time
             they
             did
             no
             more
             but
             go
             by
             him
             into
             the
             Park
             ,
             where
             after
             they
             had
             continued
             by
             the
             space
             of
             an
             hour
             ,
             back
             they
             returned
             to
             the
             Stairs
             ,
             and
             the
             Centinel
             demanding
             ,
             according
             to
             his
             Duty
             ,
             who
             came
             there
             ?
             They
             answered
             him
             in
             very
             obscene
             and
             uncivil
             Language
             ,
             and
             threatned
             they
             would
             kill
             the
             Centinel
             ,
             who
             only
             did
             his
             duty
             in
             enquiring
             who
             came
             by
             him
             at
             that
             time
             of
             night
             .
             And
             we
             shall
             make
             it
             appear
             they
             were
             in
             a
             kind
             of
             Contention
             among
             themselves
             ,
             who
             should
             kill
             him
             ;
             for
             as
             I
             am
             informed
             (
             I
             know
             if
             it
             be
             not
             proved
             ,
             your
             Lordships
             will
             observe
             it
             )
             one
             desired
             ,
             pray
             let
             me
             kill
             him
             ;
             and
             the
             other
             desired
             ,
             pray
             let
             me
             kill
             him
             ;
             and
             threatned
             no
             less
             than
             to
             run
             him
             through
             .
          
           
             My
             Lords
             ,
             the
             Centinel
             being
             of
             a
             good
             resolution
             ,
             was
             not
             affrighted
             from
             his
             place
             ,
             but
             kept
             them
             off
             ,
             and
             when
             they
             saw
             they
             could
             not
             win
             upon
             the
             Centinel
             that
             way
             ,
             one
             of
             them
             delivered
             away
             his
             Sword
             which
             he
             held
             in
             his
             hand
             not
             drawn
             ,
             and
             then
             was
             pelased
             to
             come
             to
             the
             Centinel
             ,
             and
             desired
             to
             kiss
             him
             ,
             and
             swore
             he
             would
             do
             that
             ;
             but
             that
             the
             Centinel
             did
             equally
             refuse
             ,
             and
             then
             they
             did
             use
             the
             same
             threatnings
             again
             ,
             and
             seemed
             to
             be
             in
             a
             contention
             who
             should
             run
             him
             through
             .
             My
             Lords
             ,
             after
             some
             time
             ,
             being
             now
             come
             to
             the
             top
             of
             the
             Staires
             ,
             and
             there
             staying
             ,
             it
             hapned
             there
             came
             to
             the
             stair-foot
             two
             Youths
             ,
             and
             these
             young
             Men
             were
             it
             seems
             going
             to
             Bed
             to
             their
             Lodging
             which
             was
             very
             neer
             ,
             and
             did
             make
             it
             their
             request
             to
             the
             Centinel
             (
             one
             of
             them
             did
             )
             to
             call
             him
             up
             very
             early
             the
             next
             morning
             ,
             because
             he
             was
             to
             go
             of
             a
             Message
             out
             of
             the
             Town
             .
             My
             Lord
             Conwallis
             and
             Mr.
             Gerrard
             remaining
             on
             the
             Top
             of
             the
             Stair-Case
             ,
             (
             being
             as
             we
             said
             )
             in
             disorder
             (
             which
             is
             the
             strength
             of
             the
             Kings
             Evidence
             if
             proved
             )
             both
             of
             them
             said
             before
             they
             went
             thence
             ,
             they
             would
             kill
             some
             or
             other
             ,
             which
             Evidence
             will
             go
             a
             great
             way
             to
             shew
             the
             concern
             that
             Noble
             Lord
             the
             Prisoner
             at
             Bar
             had
             in
             the
             Business
             .
          
           
             It
             hapned
             as
             these
             Boys
             were
             making
             their
             request
             to
             the
             Centinel
             ,
             my
             Lord
             and
             Mr.
             Gerrard
             took
             notice
             of
             it
             ,
             and
             seemed
             to
             be
             concerned
             that
             they
             should
             command
             the
             Kings
             Souldiers
             ,
             and
             bid
             the
             Centinel
             shoot
             him
             ,
             who
             told
             them
             he
             conceived
             the
             Boy
             had
             done
             him
             no
             wrong
             in
             asking
             a
             
             Civil
             kindness
             from
             him
             ,
             they
             again
             call'd
             to
             shoot
             him
             and
             they
             would
             bare
             him
             out
             ;
             which
             he
             still
             refused
             to
             do
             ,
             finding
             no
             reason
             for
             it
             then
             one
             of
             the
             two
             took
             occasion
             to
             swear
             a
             great
             Oath
             ,
             he
             would
             kick
             his
             arse
             to
             Hell
             ;
             to
             which
             the
             Boy
             that
             askt
             the
             Centinel
             made
             some
             reply
             ,
             wherein
             the
             word
             arse
             was
             repeated
             ;
             now
             (
             whether
             they
             understood
             it
             as
             an
             Interrogation
             ,
             why
             kick
             my
             arse
             to
             Hell
             ?
             as
             he
             intended
             it
             ,
             or
             in
             a
             worse
             sence
             ,
             kiss
             my
             arse
             )
             one
             of
             the
             Gentlmen
             in
             a
             rage
             came
             running
             down
             the
             Stairs
             and
             that
             Boy
             that
             in
             truth
             spoke
             the
             word
             run
             away
             ,
             and
             the
             other
             poor
             innocent
             Boy
             trusting
             in
             his
             own
             Innocency
             remained
             there
             ,
             until
             the
             Person
             came
             to
             him
             and
             did
             on
             his
             Knees
             ,
             (
             in
             a
             manner
             )
             desire
             not
             to
             be
             mistaken
             ,
             he
             was
             not
             the
             Person
             that
             used
             any
             ill
             words
             ,
             and
             cryed
             out
             ,
             O
             my
             Lord
             it
             was
             not
             I
             ,
             indeed
             my
             Lord
             it
             was
             not
             I
             ;
             but
             such
             at
             that
             time
             was
             the
             Intemperance
             and
             wrath
             of
             the
             Person
             ,
             who
             in
             such
             a
             fury
             descending
             the
             Stairs
             that
             (
             whether
             with
             the
             Blow
             or
             the
             Fall
             )
             the
             Boy
             received
             his
             death
             .
             We
             find
             by
             our
             Information
             of
             the
             Evidence
             ,
             that
             he
             who
             did
             the
             thing
             was
             in
             truth
             Mr.
             Gerrard
             ,
             who
             is
             not
             yet
             taken
             ;
             but
             whether
             my
             Lord
             the
             Prisoner
             at
             the
             Bar
             did
             not
             concur
             in
             it
             ,
             and
             had
             not
             an
             Intention
             to
             kill
             some
             body
             ,
             is
             the
             question
             left
             for
             your
             Grace
             and
             these
             Noble
             Peers
             to
             decide
             .
             This
             is
             the
             nature
             of
             the
             Fact
             ;
             only
             I
             desire
             to
             observe
             ,
             that
             it
             is
             true
             here
             was
             some
             distance
             between
             the
             place
             where
             my
             Lord
             Conwallis
             stood
             ,
             and
             the
             place
             were
             the
             Boy
             was
             killed
             .
             Of
             what
             consequence
             that
             may
             be
             ,
             I
             leave
             to
             your
             Graces
             and
             these
             Noble
             Lords
             Consideration
             ;
             It
             was
             the
             distance
             of
             the
             Stairs
             ;
             But
             I
             think
             ,
             as
             every
             one
             knows
             ,
             they
             are
             not
             so
             many
             but
             what
             is
             done
             below
             may
             be
             easily
             seen
             at
             the
             Top.
             
          
           
             We
             shall
             now
             without
             detaining
             your
             Lordships
             any
             longer
             ,
             call
             the
             Witnesses
             and
             prove
             what
             hath
             been
             opened
             ;
             The
             Souldier
             proved
             the
             Fact
             as
             it
             was
             opened
             by
             Mr.
             
               Attorney
               General
            
             ,
             except
             that
             part
             about
             both
             swearing
             they
             would
             kill
             one
             or
             other
             ,
             which
             Passage
             was
             heard
             but
             by
             one
             of
             them
             ,
             and
             was
             spoken
             but
             by
             one
             of
             the
             Gentlemen
             .
          
           
             They
             could
             not
             swear
             ,
             who
             where
             the
             Persons
             ,
             because
             of
             the
             darkness
             of
             the
             time
             .
          
           
             The
             Boy
             who
             was
             the
             Companion
             of
             him
             that
             was
             slain
             ,
             and
             that
             used
             the
             the
             words
             that
             caused
             the
             Person
             to
             come
             down
             ,
             swore
             them
             to
             be
             a
             Repetition
             only
             by
             way
             of
             Interrogation
             ,
             (
             why
             kick
             my
             arse
             to
             Hell
             ?
             )
          
           
             Then
             Mr.
             Attorney
             desired
             to
             call
             my
             Lord
             
             Conwallis's
             own
             two
             Footmen
             who
             had
             been
             Indicted
             and
             acquitted
             at
             the
             Kings
             Bench
             Bar.
             
          
        
         
           
             Lord
             High
             Stew.
             
          
           
             My
             Lords
             the
             Judges
             ,
             is
             there
             any
             Question
             whether
             a
             Person
             acquitted
             of
             an
             Offence
             be
             a
             good
             Witness
             against
             another
             charged
             with
             the
             same
             Offence
             ?
          
        
         
           
             Judges
             .
          
           
             None
             at
             all
             :
             when
             he
             is
             acquitted
             he
             ought
             to
             be
             admitted
             .
          
           
             Then
             the
             Copy
             of
             the
             Acquittal
             (
             proved
             by
             a
             Clerk
             in
             the
             Crown
             Office
             )
             was
             read
             and
             then
             sworn
             ,
             who
             fixed
             it
             upon
             the
             Person
             of
             Mr.
             Gerrard
             and
             swore
             that
             my
             Lord
             Conwallis
             was
             all
             the
             while
             upon
             the
             Top
             of
             the
             Stairs
             ,
             
             but
             after
             the
             Fact
             committed
             ;
             hasted
             away
             for
             fear
             of
             being
             knock'd
             down
             by
             the
             Souldiers
             ;
             and
             there
             ended
             the
             Kings
             Evidence
             .
          
        
         
           
             Lord
             High
             Stew.
             
          
           
             Now
             my
             Lord
             is
             the
             time
             come
             for
             your
             defence
             .
             You
             hear
             what
             is
             charged
             on
             you
             ,
             Pray
             speak
             what
             you
             have
             to
             say
             for
             your self
             .
          
        
         
           
             Ld.
             Conwallis
             .
          
           
             Then
             the
             Prisoner
             at
             the
             Bar
             confessed
             himself
             to
             have
             been
             in
             the
             Company
             that
             Night
             when
             this
             accident
             hapned
             ,
             which
             he
             hoped
             would
             be
             a
             warning
             to
             him
             to
             shun
             such
             disorders
             hereafter
             ;
             but
             that
             he
             had
             no
             evil
             Intention
             ,
             and
             but
             one
             witness
             swore
             that
             both
             of
             them
             would
             have
             killed
             the
             Centinel
             ,
             that
             he
             was
             not
             conscious
             to
             himself
             to
             have
             had
             a
             hand
             in
             it
             ,
             and
             therefore
             withdrew
             not
             himself
             ,
             but
             yeilded
             himself
             to
             the
             Coroner
             the
             next
             day
             (
             which
             he
             proved
             by
             the
             Coroner
             himself
             )
             and
             did
             therefore
             in
             trust
             of
             his
             Innocency
             submit
             himself
             to
             the
             Judgment
             of
             his
             Grace
             and
             his
             Peers
             :
          
           
             Which
             being
             done
             ,
             Sir
             
               Francis
               Winnington
            
             ,
             the
             Kings
             Solicitor
             General
             ,
             summed
             up
             the
             Evidence
             in
             this
             manner
             ;
          
        
         
           
             Solicitor
             General
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             my
             Lord
             High
             Steward
             of
             England
             ,
             and
             my
             Noble
             Lords
             the
             Peers
             of
             the
             Prisoner
             at
             the
             Bar.
             
          
           
             According
             to
             the
             duty
             of
             my
             Place
             I
             am
             to
             repeat
             the
             Kings
             Evidence
             and
             state
             it
             to
             your
             Grace
             and
             these
             Noble
             Lords
             ,
             and
             submit
             to
             your
             great
             Judgments
             how
             far
             it
             will
             go
             for
             the
             Proof
             of
             this
             Crime
             ;
             wherein
             I
             shall
             observe
             the
             Duty
             of
             all
             Honest
             Men
             ,
             which
             is
             to
             do
             nothing
             either
             to
             wrest
             any
             thing
             in
             disadvantage
             of
             the
             Prisoner
             out
             of
             the
             Kings
             Evidence
             to
             goe
             farther
             than
             it
             ought
             ,
             nor
             shall
             omit
             any
             thing
             that
             shall
             require
             your
             Grace
             and
             the
             Noble
             Lords
             Justice
             ;
             for
             we
             come
             to
             seek
             out
             the
             truth
             ,
             and
             we
             question
             not
             but
             by
             this
             Honourable
             Tryal
             it
             will
             be
             brought
             to
             light
             :
             But
             I
             beseech
             your
             Favour
             ,
             to
             take
             notice
             in
             the
             first
             place
             what
             Crime
             this
             Noble
             Lord
             stands
             accused
             of
             ,
             and
             it
             is
             for
             Murder
             ,
             wherein
             our
             Law
             takes
             notice
             ,
             that
             Murder
             is
             where
             a
             Man
             unlawfully
             kills
             another
             under
             the
             Kings
             Peace
             ,
             with
             Malice
             forethought
             .
             Now
             that
             here
             is
             a
             Murder
             committed
             ,
             I
             dare
             with
             all
             humily
             averre
             :
             by
             whom
             ,
             that
             is
             the
             question
             ?
             for
             this
             
               Robert
               Clerk
            
             the
             Person
             killed
             ,
             doth
             appear
             by
             the
             Course
             of
             the
             Evidence
             to
             have
             been
             doing
             his
             Duty
             ,
             attending
             the
             place
             his
             Employment
             required
             ;
             gave
             no
             offence
             to
             any
             whatsoever
             ,
             but
             when
             the
             Person
             came
             down
             and
             fell
             upon
             him
             ,
             the
             poor
             Youth
             cryed
             ,
             indeed
             ,
             my
             Lord
             ,
             it
             was
             not
             I
             ;
             yet
             my
             Lords
             ,
             the
             Hands
             of
             Violence
             seized
             him
             and
             killed
             him
             ,
             Let
             us
             then
             see
             how
             the
             Evidence
             brings
             it
             home
             to
             the
             Noble
             Lord
             the
             Prisoner
             at
             the
             Bar
             ;
             wherein
             I
             must
             confess
             we
             have
             no
             express
             Evidence
             (
             nay
             we
             have
             Evidence
             to
             the
             contrary
             )
             that
             it
             was
             not
             his
             hand
             that
             did
             the
             Fact
             actually
             ,
             for
             it
             is
             by
             two
             Witnesses
             ;
             the
             Footmen
             swore
             that
             it
             was
             Mr.
             Gerrard
             who
             came
             down
             and
             gave
             the
             unfortunate
             Blow
             :
             But
             we
             have
             that
             which
             we
             think
             with
             humble
             submission
             may
             reach
             this
             Noble
             Lord
             :
             for
             I
             know
             your
             Grace
             and
             my
             Lords
             remember
             ,
             that
             after
             they
             had
             been
             an
             hour
             in
             the
             Park
             ,
             both
             returning
             ,
             did
             with
             horrid
             Oathes
             swear
             they
             would
             kill
             the
             Centinel
             ;
             there
             the
             Evidence
             fixeth
             it
             ,
             not
             upon
             one
             only
             ,
             but
             upon
             both
             ;
             It
             was
             at
             that
             time
             so
             dark
             ,
             they
             could
             not
             be
             distinguished
             ,
             but
             by
             
             the
             voice
             :
             the
             Centinel
             hath
             given
             you
             an
             account
             how
             he
             performed
             his
             duty
             ,
             and
             in
             what
             Straight
             he
             was
             ,
             he
             had
             much
             ado
             to
             save
             his
             own
             Life
             ,
             or
             to
             prevent
             killing
             them
             :
             But
             when
             they
             came
             upon
             the
             Stairs
             ,
             these
             two
             Boys
             came
             there
             in
             order
             to
             desire
             the
             Centinel
             to
             call
             one
             of
             them
             the
             next
             morning
             .
             Then
             one
             on
             the
             Stairs
             (
             no
             man
             can
             tell
             who
             it
             was
             )
             with
             horrid
             Execrations
             ,
             askt
             ,
             will
             you
             command
             the
             Kings
             Soldiers
             ?
             shoot
             him
             ,
             Centinel
             ,
             we
             'l
             bear
             you
             out
             ;
             but
             all
             this
             while
             it
             was
             dusk
             ,
             no
             distinction
             of
             Persons
             could
             be
             made
             ,
             whereupon
             it
             will
             fall
             out
             to
             come
             to
             this
             Case
             ,
             If
             several
             Persons
             intend
             to
             kill
             one
             ,
             and
             happen
             to
             kill
             another
             ,
             whether
             this
             be
             not
             Murder
             in
             them
             ?
             For
             the
             urging
             of
             this
             ,
             as
             to
             the
             matter
             in
             Law
             ,
             I
             leave
             to
             him
             that
             comes
             after
             me
             :
             the
             Centinel
             swears
             one
             of
             them
             did
             swear
             he
             would
             kill
             one
             or
             other
             ;
             who
             it
             was
             took
             up
             that
             cruel
             Resolution
             ,
             is
             left
             to
             you
             to
             judge
             .
             But
             at
             that
             time
             they
             were
             both
             together
             upon
             the
             Top
             of
             the
             Stairs
             ;
             and
             my
             Lord
             doth
             not
             seem
             to
             give
             one
             Title
             of
             Evidence
             that
             shews
             any
             Endeavours
             of
             the
             Prisoner
             at
             the
             Bar
             ,
             to
             prevent
             the
             other
             ,
             or
             disprove
             of
             his
             Actions
             ;
             If
             he
             had
             given
             an
             account
             of
             that
             ,
             he
             had
             silenced
             Justice
             :
             But
             when
             they
             were
             all
             together
             ,
             he
             not
             endeavouring
             to
             stop
             his
             hand
             ;
             It
             is
             as
             much
             in
             Law
             as
             if
             he
             had
             strook
             the
             stroak
             .
          
           
             The
             other
             Soldiers
             give
             you
             a
             Particular
             Account
             to
             the
             same
             Purpose
             .
          
           
             The
             two
             last
             Witnesses
             do
             bring
             it
             to
             the
             Person
             of
             my
             Lord
             the
             Prisoner
             at
             the
             Bar
             ,
             and
             Mr.
             Gerrard
             ,
             who
             ,
             they
             swore
             ,
             came
             down
             the
             Stairs
             ,
             and
             his
             Man
             followed
             him
             to
             the
             Bottom
             ,
             and
             there
             staid
             at
             some
             distance
             ,
             till
             the
             Fact
             was
             done
             ,
             and
             they
             all
             fled
             .
          
           
             This
             I
             take
             to
             be
             the
             matter
             of
             Fact
             faithfully
             proved
             ,
             before
             your
             Grace
             ,
             and
             the
             Lords
             the
             Peers
             ,
             and
             I
             would
             not
             trouble
             your
             Grace
             longer
             ,
             because
             I
             would
             not
             misreport
             any
             thing
             ,
             whereby
             I
             might
             do
             wrong
             ,
             either
             to
             the
             Prisoner
             ,
             or
             the
             Kings
             Cause
             ;
             and
             because
             I
             know
             your
             Grace
             and
             the
             Noble
             Lords
             will
             distinguish
             and
             find
             out
             where
             the
             truth
             is
             :
             I
             must
             say
             it
             is
             a
             great
             comfort
             to
             all
             the
             Subjects
             of
             England
             ,
             that
             Crimes
             of
             this
             Nature
             are
             so
             carefully
             presented
             ,
             that
             whatsoever
             Honours
             and
             Dignities
             our
             Gratious
             Sovereign
             doth
             confer
             on
             any
             Person
             ,
             it
             doth
             not
             exempt
             him
             from
             the
             Justice
             of
             the
             Law
             :
             It
             is
             not
             only
             a
             Comfort
             to
             this
             Assembly
             ,
             but
             to
             the
             whole
             Nation
             ,
             to
             see
             the
             King
             tender
             of
             his
             Subjects
             Persons
             and
             lives
             ,
             in
             that
             he
             hath
             caused
             this
             strict
             Course
             to
             be
             taken
             ,
             where
             the
             enquiry
             hath
             gone
             from
             the
             Grand
             Jury
             of
             the
             County
             ,
             till
             the
             Bill
             came
             to
             this
             great
             Tribunal
             ;
             where
             I
             doubt
             not
             but
             your
             Grace
             and
             these
             Noble
             Lords
             will
             give
             a
             righteous
             and
             just
             Judgement
             .
          
        
         
           Then
           Serj.
           Maynard
           concluded
           Thus
           ;
        
         
           
             Serj.
             Maynard
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             my
             Lord
             High
             Setward
             of
             England
             ,
             and
             my
             Noble
             Lords
             the
             Peers
             .
          
           
             I
             according
             to
             the
             duty
             of
             my
             place
             ,
             come
             now
             to
             conclude
             the
             charge
             
             on
             the
             Kings
             behalf
             ;
             some
             things
             are
             fit
             to
             be
             observed
             upon
             the
             Evidence
             ,
             that
             may
             produce
             a
             question
             for
             the
             decision
             of
             the
             Fact
             ,
             of
             what
             nature
             it
             is
             ,
             that
             a
             murder
             is
             committed
             ,
             is
             upon
             Evidence
             without
             all
             question
             ;
             and
             not
             only
             the
             death
             of
             a
             man
             ,
             here
             is
             a
             Child
             slain
             ,
             without
             any
             provocation
             in
             the
             world
             given
             by
             him
             to
             that
             Person
             that
             did
             it
             ,
             and
             that
             did
             it
             too
             ,
             notwithstanding
             the
             deprecations
             of
             the
             Boy
             ,
             affirming
             his
             own
             Innocency
             ,
             and
             that
             with
             as
             full
             Circumstances
             ,
             as
             a
             Christian
             almost
             could
             a
             thing
             :
             these
             came
             from
             the
             Kings
             Palace
             walk
             in
             the
             Park
             ;
             call
             the
             Centinel
             Rogue
             ,
             and
             when
             he
             doth
             his
             duty
             ,
             swear
             to
             murther
             him
             ;
             with
             Oaths
             ,
             that
             a
             Christian
             would
             blush
             at
             ,
             and
             be
             afraid
             to
             hear
             ;
             
               God
               damme
            
             oftentimes
             reiterated
             ;
             and
             he
             that
             saith
             that
             word
             ,
             doth
             beg
             of
             God
             to
             hate
             him
             ,
             and
             affirm
             that
             he
             doth
             hate
             God.
             The
             Obscenity
             that
             they
             used
             ,
             I
             shall
             not
             mention
             again
             ;
             these
             are
             Circumstanes
             of
             the
             Case
             ;
             that
             all
             were
             guilty
             of
             much
             ,
             is
             no
             doubt
             ;
             but
             who
             ,
             of
             the
             murder
             ,
             is
             the
             question
             ;
             And
             I
             humble
             conceive
             ,
             it
             is
             manifest
             ,
             that
             this
             Noble
             Lord
             was
             concerned
             in
             it
             .
             For
             it
             is
             not
             requisite
             ,
             to
             make
             a
             Murder
             ;
             that
             he
             who
             kills
             a
             man
             ,
             hath
             conceived
             a
             malice
             against
             him
             ;
             for
             if
             I
             have
             a
             malice
             against
             any
             man
             ,
             and
             the
             effect
             of
             that
             fall
             upon
             another
             ,
             it
             is
             murder
             .
          
           
             I
             apply
             it
             thus
             ,
             if
             it
             be
             a
             murder
             in
             Mr.
             Gerrard
             ,
             if
             this
             Noble
             Lord
             partake
             with
             him
             in
             the
             design
             ,
             which
             made
             it
             so
             ;
             to
             wit
             ,
             the
             malice
             against
             the
             Centinel
             ,
             he
             is
             as
             guilty
             ,
             as
             if
             his
             hand
             had
             been
             as
             much
             upon
             him
             ,
             as
             was
             Mr.
             Gerrards
             ,
             as
             in
             that
             known
             Case
             of
             the
             man
             that
             poisoned
             an
             Apple
             ,
             
             with
             an
             intention
             to
             kill
             his
             wife
             ,
             and
             she
             not
             knowing
             of
             the
             Poison
             ,
             gave
             some
             of
             it
             to
             her
             Chlid
             ,
             of
             which
             it
             died
             ,
             though
             he
             had
             no
             design
             to
             kill
             the
             Child
             ,
             yet
             ,
             the
             malice
             he
             had
             conceived
             against
             his
             wife
             suppli'd
             the
             defect
             of
             an
             express
             malice
             to
             make
             it
             murther
             ;
             and
             he
             was
             hanged
             therefore
             .
             So
             if
             a
             man
             assault
             a
             Master
             ,
             in
             the
             presence
             of
             his
             Servant
             ,
             who
             defends
             his
             Master
             ,
             and
             is
             slain
             ,
             though
             the
             other
             had
             no
             purpose
             to
             kill
             him
             ,
             yet
             it
             is
             Felony
             in
             him
             ,
             for
             which
             he
             shall
             die
             ;
             the
             Law
             implying
             a
             malice
             .
             Then
             here
             was
             clearly
             a
             malice
             to
             the
             Centinel
             ;
             how
             neer
             it
             comes
             to
             the
             Boy
             ,
             will
             come
             in
             question
             afterwards
             .
             I
             find
             the
             Objection
             made
             in
             my
             Lord's
             Case
             ,
             That
             at
             the
             particular
             time
             wherein
             the
             Fact
             was
             committed
             ,
             my
             Lord
             was
             not
             with
             Mr.
             Gerrard
             :
             but
             that
             will
             be
             no
             Objection
             in
             the
             Case
             ;
             for
             if
             he
             did
             partake
             in
             the
             Design
             of
             the
             other
             ,
             I
             will
             answer
             it
             with
             the
             Case
             of
             my
             Lord
             Dacres
             of
             the
             South
             ,
             
             who
             with
             some
             other
             went
             unlawfully
             to
             steal
             Deer
             ,
             and
             the
             Keeper
             coming
             ,
             some
             fled
             ,
             among
             whom
             ,
             my
             Lord
             was
             one
             :
             the
             Keeper
             was
             killed
             ,
             my
             Lord
             Dacres
             being
             at
             that
             time
             without
             the
             Pales
             ,
             a
             Mile
             off
             from
             the
             Place
             ,
             and
             yet
             was
             found
             guilty
             of
             the
             Murther
             ,
             and
             left
             both
             his
             Lands
             and
             his
             Life
             for
             it
             .
             But
             here
             my
             Lord
             Conwallis
             was
             present
             ,
             for
             the
             Witness
             swears
             the
             Distance
             was
             not
             so
             great
             ,
             but
             it
             might
             be
             discerned
             .
             Now
             whether
             he
             was
             aiding
             or
             assisting
             ,
             is
             the
             next
             thing
             in
             question
             .
             What
             occasion
             had
             they
             of
             Malice
             ,
             Revenge
             or
             Injury
             to
             the
             Centinel
             ?
             They
             both
             
             swore
             they
             would
             kill
             him
             :
             had
             there
             been
             any
             excuse
             for
             the
             other
             ,
             if
             one
             of
             them
             had
             killed
             the
             Centinel
             ?
             that
             could
             not
             be
             :
             well
             ,
             they
             did
             not
             kill
             the
             Centinel
             ,
             but
             at
             the
             same
             time
             take
             up
             a
             causeless
             offence
             against
             another
             ,
             and
             kill
             him
             :
             I
             argue
             ,
             that
             the
             Malice
             against
             the
             Soldier
             ,
             was
             diffusive
             to
             the
             Boy
             ;
             and
             one
             of
             the
             Witnesses
             proves
             ,
             that
             one
             of
             them
             swore
             he
             would
             kill
             some
             Body
             :
             now
             ,
             no
             one
             speaks
             to
             any
             thing
             of
             my
             Lords
             reproving
             Mr.
             Gerrard
             .
             Thus
             stands
             the
             Case
             before
             your
             Grace
             and
             my
             Lords
             ;
             It
             is
             a
             Case
             of
             Blood
             ,
             and
             it
             cries
             loud
             :
             how
             far
             this
             Noble
             Lord
             and
             Prisoner
             at
             the
             Bar
             is
             guilty
             thereof
             ,
             you
             are
             to
             enquire
             ,
             and
             without
             all
             doubt
             will
             give
             a
             clear
             Verdict
             ,
             according
             to
             Justice
             and
             Honour
             .
          
        
         
           
             Lord
             High
             Stew.
             
          
           
             My
             Lords
             ,
             you
             have
             heard
             the
             Evidence
             of
             your
             Lordships
             ;
             Please
             ,
             to
             go
             and
             consider
             of
             it
             ,
             you
             may
             .
          
           
             Then
             the
             Prisoner
             withdrew
             into
             his
             own
             apartment
             ,
             with
             the
             Lieutenant
             of
             the
             Tower.
             The
             Lords
             went
             into
             a
             Room
             behind
             the
             Court
             of
             Chancery
             ,
             and
             after
             a
             stay
             of
             two
             hours
             ,
             return'd
             ,
             and
             being
             all
             sate
             ;
             the
             Earl
             of
             Danby
             ,
             Lord
             High
             Treasurer
             of
             England
             ,
             who
             was
             the
             first
             of
             the
             Jury
             ,
             addressed
             himself
             to
             my
             Lord
             High
             Steward
             ,
             and
             said
             ;
          
        
         
           
             Earl
             of
             Danby
             .
          
           
             
               My
               Lord
               High
               Steward
            
             ;
             there
             is
             a
             question
             in
             Law
             ,
             of
             which
             some
             of
             my
             Lords
             desire
             to
             receive
             satisfaction
             ,
             before
             they
             can
             give
             in
             their
             full
             Verdict
             :
             acd
             we
             desire
             to
             know
             of
             your
             Grace
             ,
             whether
             it
             be
             proper
             here
             to
             ask
             the
             question
             of
             your
             Grace
             ,
             or
             to
             propose
             it
             to
             the
             Judges
             .
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             If
             your
             Lordships
             doubt
             of
             any
             thing
             ,
             whereon
             a
             question
             in
             Law
             ariseth
             ,
             the
             latter
             opinion
             ,
             and
             the
             better
             for
             the
             Prisoner
             is
             ,
             that
             it
             must
             be
             stated
             in
             the
             presence
             of
             the
             Prisoner
             ,
             that
             he
             may
             know
             whether
             the
             question
             be
             truly
             put
             .
             It
             hath
             sometimes
             been
             practised
             otherwise
             ;
             and
             the
             Peers
             have
             sent
             for
             the
             Judges
             ,
             
             and
             have
             asked
             their
             opinion
             in
             private
             ,
             and
             have
             come
             back
             ,
             and
             given
             their
             Verdict
             ,
             according
             to
             that
             opinion
             ;
             and
             there
             is
             scarce
             a
             President
             of
             its
             being
             otherwise
             done
             ;
             but
             there
             is
             a
             latter
             Authority
             in
             Print
             ,
             that
             doth
             settle
             the
             Point
             so
             as
             I
             tell
             you
             ;
             and
             I
             do
             conceive
             it
             ought
             to
             be
             followed
             ;
             and
             it
             being
             safer
             for
             the
             Prisoner
             ,
             my
             humble
             Opinion
             to
             your
             Lordships
             ,
             is
             ,
             that
             he
             ought
             to
             be
             present
             at
             the
             stating
             of
             the
             Question
             .
          
           
             Call
             the
             Prisoner
             to
             the
             Bar.
             
          
           
             Who
             being
             come
             ,
             my
             Lord
             spake
             thus
             to
             him
             :
          
        
         
           
             Lord
             High
             Steward
             .
          
           
             My
             Lord
             Conwallis
             ,
             My
             Lords
             the
             Peers
             ,
             since
             they
             have
             withdrawn
             ,
             have
             conceived
             a
             doubt
             ,
             in
             some
             matter
             of
             Law
             arising
             upon
             the
             matter
             of
             Fact
             in
             your
             Case
             ;
             and
             they
             have
             that
             tender
             regard
             of
             a
             Prisoner
             at
             the
             Bar
             ,
             that
             they
             will
             not
             suffer
             a
             Case
             to
             be
             put
             up
             in
             his
             absence
             ,
             lest
             it
             should
             chance
             to
             prejudice
             him
             ,
             by
             being
             wrong
             stated
             ;
             therefore
             ,
             your
             Lordship
             will
             do
             well
             ,
             to
             attend
             the
             question
             that
             is
             raised
             ;
             and
             ,
             my
             Lords
             ,
             will
             you
             please
             to
             propound
             your
             doubts
             ?
          
           
           
             It
             was
             taken
             notice
             of
             here
             ,
             that
             by
             opening
             the
             matter
             by
             Mr.
             Solicitor
             ,
             the
             matter
             of
             Murder
             was
             explained
             ,
             
             to
             be
             meant
             by
             having
             a
             prepensed
             Malice
             ,
             and
             in
             that
             Case
             it
             was
             opened
             to
             us
             ,
             that
             any
             Persons
             then
             present
             ,
             and
             that
             had
             in
             any
             sort
             contributed
             to
             the
             Disorders
             ,
             they
             were
             as
             equally
             guilty
             ,
             as
             they
             whose
             hand
             had
             shed
             the
             Blood
             of
             the
             Person
             killed
             .
          
           
             Now
             the
             doubt
             of
             some
             of
             my
             Lords
             is
             ,
             whether
             if
             it
             be
             found
             but
             Man-slaughter
             ,
             those
             are
             equally
             guilty
             ,
             that
             are
             present
             (
             and
             have
             proved
             to
             contribute
             to
             the
             disturbance
             )
             of
             that
             Crime
             ,
             as
             they
             are
             in
             Murder
             ;
             because
             some
             of
             them
             have
             not
             the
             satisfaction
             that
             they
             are
             the
             same
             .
          
        
         
           
             Lord
             High
             Steward
             .
          
           
             My
             Lords
             the
             Judges
             ,
             I
             take
             it
             ,
             the
             doubt
             proposed
             to
             you
             ,
             is
             this
             ;
             whether
             or
             no
             ,
             those
             that
             are
             present
             ,
             and
             have
             contributed
             to
             the
             disorders
             ,
             whereby
             such
             an
             accident
             doth
             ensue
             ,
             as
             proves
             to
             be
             Man-slaughter
             ,
             be
             as
             culpable
             ,
             as
             he
             that
             doth
             the
             immediate
             Fact
             ,
             as
             it
             is
             in
             the
             Case
             of
             Murder
             ?
          
           
             After
             a
             little
             Pause
             and
             Conference
             ,
             the
             Judges
             returned
             this
             Answer
             .
          
        
         
           
             Judges
             .
          
           
             We
             have
             had
             Conference
             of
             this
             Case
             ,
             and
             our
             humble
             Opinion
             is
             ,
             If
             sundry
             Persons
             be
             together
             ,
             aiding
             and
             assisting
             to
             an
             Action
             ,
             wherein
             a
             Man-slaughter
             doth
             ensue
             ,
             as
             in
             Case
             of
             a
             sudden
             business
             without
             malice
             prepensed
             ,
             they
             are
             equally
             guilty
             with
             the
             Man-slaughter
             ,
             as
             they
             are
             in
             the
             Case
             of
             Murder
             prepensed
             .
          
        
         
           
             Earl
             of
             Danby
             .
          
           
             The
             Lords
             desire
             to
             withdraw
             once
             more
             ,
             which
             they
             did
             ,
             and
             after
             a
             short
             space
             returned
             ;
             and
             being
             called
             over
             ,
             answered
             to
             their
             Names
             ,
             and
             all
             appearing
             ,
             my
             
               Lord
               High
               Steward
            
             ,
             took
             their
             Verdict
             seriatim
             ,
             beginning
             at
             the
             Puisne
             Lord
             in
             the
             following
             orders
             ,
             they
             answering
             ,
             standing
             bare
             with
             their
             hands
             on
             their
             Breasts
             .
          
        
         
           
             Lord
             High
             Steward
             .
          
           
             My
             Lord
             Duras
             ,
             Is
             Charles
             Lord
             Conwallis
             guilty
             of
             the
             Felony
             and
             Murder
             ,
             whereof
             he
             stands
             Indicted
             ,
             or
             not
             guilty
             ?
          
           
             Lord
             Duras
             ,
             not
             guilty
             .
          
           
             The
             same
             question
             he
             demanded
             of
             each
             ;
             who
             answered
             thus
             :
             
               
                 My
                 Lord
                 Butler
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 
                   _____
                
                 not
                 guilty
                 .
              
               
                 Lord
                 Maynard
                 ,
                 not
                 guilty
                 of
                 Murder
                 ,
                 but
                 guilty
                 of
                 Man-slaughter
                 .
              
               
                 Lord
                 Paget
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Berkly
                 ,
                 not
                 guilty
                 of
                 Murder
                 ,
                 but
                 guilty
                 of
                 Man-slaughter
                 .
              
               
                 Lord
                 Newport
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Hallifax
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Viscount
                 Cambden
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Guilford
                 not
                 guilty
                 .
              
               
                 Lord
                 Alisbury
                 ,
                 not
                 guilty
                 of
                 Murder
                 ,
                 but
                 guilty
                 of
                 Man-slaughter
                 .
              
               
                 Lord
                 Craven
                 ,
                 not
                 guilty
                 .
              
               
                 
                 Lord
                 Bath
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Clarendon
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Sunderland
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Peterborough
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Devonshire
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Northampton
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Bridgwater
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Dorset
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Suffolk
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Bedford
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Derby
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Kent
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Oxford
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Arlington
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Brereton
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Lindsey
                 ,
                 not
                 guilty
                 of
                 Murder
                 ,
                 but
                 of
                 Man-slaughter
                 .
              
               
                 Lord
                 Dorchester
                 ,
                 not
                 guilty
                 .
              
               
                 Lord
                 Anglesey
                 ,
                 not
                 guilty
                 of
                 Murder
                 ,
                 but
                 of
                 Man-slaughter
                 .
              
               
                 Lord
                 Danby
                 ,
                 not
                 guilty
                 of
                 Murder
                 ,
                 but
                 of
                 Man-slaughter
                 .
              
            
          
        
         
           
             Lord
             High
             Steward
             .
          
           
             Call
             the
             Prisoner
             to
             the
             Bar.
             
          
           
             Then
             the
             Prisoner
             came
             to
             the
             Bar
             ,
             and
             the
             Deputy
             Lieutenant
             of
             the
             Tower
             held
             the
             edge
             of
             the
             Axe
             towards
             him
             ,
             while
             my
             Lord
             High
             Steward
             spake
             thus
             unto
             him
             ,
          
        
         
           
             Lord
             High
             Steward
             .
          
           
             My
             Lord
             Conwallis
             ,
             you
             have
             been
             Indicted
             for
             Murder
             ,
             pleaded
             not
             guilty
             ,
             put
             your self
             upon
             your
             Peers
             ;
             and
             your
             Peers
             upon
             consideration
             of
             the
             whole
             matter
             ,
             have
             acquitted
             you
             ,
             and
             found
             you
             not
             guilty
             ,
             so
             you
             are
             to
             be
             discharged
             .
          
        
         
           
             Cl.
             Cr.
             
          
           
             Make
             Proclamation
             .
          
        
         
           
             Serj.
             
          
           
             O
             Yes
             ,
             my
             Lord
             High
             Steward
             of
             England
             willeth
             and
             commandeth
             all
             Persons
             ,
             to
             depart
             hence
             in
             Gods
             Peace
             and
             the
             Kings
             ;
             for
             my
             Lord
             High
             Steward
             of
             ,
             England
             his
             Grace
             doth
             dissolve
             his
             Commission
             .
          
           
             God
             save
             the
             King.
             
          
           
             At
             which
             words
             my
             Lord
             High
             Steward
             holding
             the
             white
             Staff
             (
             which
             was
             delivered
             him
             by
             the
             Usher
             of
             the
             Black
             Rod
             on
             his
             Knees
             )
             in
             both
             hands
             over
             his
             head
             ,
             snapt
             it
             in
             two
             ,
             and
             the
             Assembly
             broke
             up
             .
          
        
         
           FINIS
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A46139-e60
           
             Sanders
             Case
             in
             Plowden
             ,
             fol.
             473.
             
          
           
             Anno
             33
             H.
             8.
             
             Coke
             ,
             3
             Inst
             .
             fol.
             211.
             
          
           
             Cooke
             Inst
             fol.
             3
             ,
             0.
             
             Pasch
             .
             20.
             
             Hen.
             
          
           
             Earl
             of
             Danby
             .