The tryal of Henry Baron Delamere for high-treason, in Westminster-Hall, the 14th day of January, 1685, before the Right Honourable George Lord Jeffreys, Baron of Wemm, Lord High Chancellour of England, constituted Lord High Steward on that occasion on which day, after a full hearing, the Lord Delamere was acquitted from all matters laid to his charge.
         Warrington, Henry Booth, Earl of, 1652-1694, defendant.
      
       
         
           1686
        
      
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             The tryal of Henry Baron Delamere for high-treason, in Westminster-Hall, the 14th day of January, 1685, before the Right Honourable George Lord Jeffreys, Baron of Wemm, Lord High Chancellour of England, constituted Lord High Steward on that occasion on which day, after a full hearing, the Lord Delamere was acquitted from all matters laid to his charge.
             Warrington, Henry Booth, Earl of, 1652-1694, defendant.
          
           [3], 87 p.
           
             Printed for Dorman Newman ...,
             London :
             1686.
          
           
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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         eng
      
       
         
           Warrington, Henry Booth, -- Earl of, 1652-1694, -- defendant.
           Trials (Treason)
        
      
    
     
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           I
           DO
           appoint
           
             Dorman
             Newman
          
           to
           Print
           the
           Tryal
           of
           Henry
           Baron
           Delamere
           ,
           and
           order
           that
           no
           other
           Person
           presume
           to
           Print
           the
           same
           .
        
         
           March
           20.
           1685
           
           /
           6
        
         
           Jeffreys
           Canc.
           
        
      
       
         
         
           THE
           TRYAL
           OF
           HENRY
           Baron
           Delamere
           FOR
           HIGH-TREASON
           ,
           In
           WESTMINSTER-HALL
           ,
           the
           14
           th
           Day
           of
           January
           ,
           1685.
           
        
         
           Before
           the
           Right
           Honourable
           George
           Lord
           Jeffreys
           ,
           Baron
           of
           Wemm
           ,
           Lord
           High
           Chancellour
           of
           England
           ,
           Constituted
           Lord
           High
           Steward
           on
           that
           Occasion
           .
        
         
           On
           which
           Day
           ,
           after
           a
           full
           Hearing
           ,
           the
           Lord
           Delamere
           was
           Acquitted
           from
           all
           Matters
           laid
           to
           his
           Charge
           .
        
         
           LONDON
           ,
           Printed
           for
           
             Dorman
             Newman
          
           at
           the
           
             Kings
             Arms
          
           in
           the
           Poultry
           .
           MDCLXXXVI
           .
        
      
    
     
       
         
         
         
           THE
           TRYAL
           OF
           HENRY
           Baron
           of
           Delamere
           .
           
             Die
             Jovis
          
           ,
           xiv
           to
           Januarii
           ,
           1685.
           
        
         
           
             Cl.
             of
             Cr.
             
          
           
             SErgeant
             at
             Arms
             ,
             Make
             Proclamation
             .
          
        
         
           
             Serj.
             at
             Arm.
             
          
           
             O
             yes
             ,
             O
             yes
             ,
             O
             yes
             .
             My
             Lord
             High
             Steward
             of
             England
             his
             Grace
             doth
             straightly
             charge
             and
             command
             all
             manner
             of
             persons
             to
             keep
             silence
             ,
             and
             to
             give
             ear
             to
             the
             King's
             Majesty's
             Commission
             to
             his
             Grace
             my
             Lord
             High
             Steward
             of
             England
             ,
             upon
             pain
             of
             Imprisonment
             .
          
        
         
           Then
           the
           Commission
           was
           read
           ,
           his
           Grace
           and
           all
           the
           Peers
           standing
           up
           bare-headed
           .
        
         
           
             Then
             the
             Staff
             being
             carried
             between
          
           Garter
           King
           at
           Arms
           ,
           
             and
             the
          
           Gentleman
           Usher
           of
           the
           Black
           Rod
           ,
           
             was
             with
             three
             reverences
             delivered
             upon
             the
             knee
             to
             his
             Grace
             ,
             and
             by
             him
             re-delivered
             to
             the
          
           Gentleman
           Usher
           of
           the
           Black
           Rod
           ,
           
             to
             hold
             during
             the
             Service
          
           .
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Serjeant
             at
             Arms
             ,
             Make
             Proclamation
             .
          
        
         
           
             Serg.
             at
             Arm.
             
          
           
             O
             yes
             ,
             His
             Grace
             my
             Lord
             High
             Steward
             of
             England
             doth
             straightly
             charge
             and
             command
             all
             manner
             of
             persons
             here
             present
             ,
             except
             Peers
             ,
             Privy
             Councellors
             ,
             and
             the
             reverend
             Judges
             now
             assistant
             ,
             to
             be
             uncovered
             .
          
        
         
           
           
             Cl.
             of
             Cr.
             
          
           
             Make
             Proclamation
             .
          
        
         
           
             Serg.
             at
             Arms.
             
          
           
             O
             Yes
             .
             My
             Lord
             High
             Steward
             of
             England
             his
             Grace
             straightly
             chargeth
             and
             commandeth
             all
             Justices
             ,
             Commissioners
             ,
             and
             all
             and
             every
             other
             person
             and
             persons
             to
             whom
             any
             Writ
             or
             Precept
             has
             been
             directed
             for
             the
             certifying
             of
             any
             Indictment
             or
             Record
             before
             his
             Grace
             my
             Lord
             High
             Steward
             of
             England
             ,
             That
             they
             do
             certifie
             and
             bring
             in
             the
             same
             forthwith
             ,
             according
             to
             the
             Tenor
             of
             the
             same
             Writ
             and
             Precept
             ,
             to
             them
             or
             any
             of
             them
             directed
             ,
             upon
             Pain
             and
             Peril
             shall
             fall
             thereon
             .
          
        
         
           
             Then
             Sir
          
           Edward
           Lutwich
           
             one
             of
             his
             Majesty's
             Sergeants
             at
             Law
             and
             Chief
             Justice
             of
          
           Chester
           
             delivered
             in
             his
             Writ
             and
             Return
             at
             the
             Clerks
             Table
             .
          
        
         
           
             The
             Writ
             of
          
           Certiorari
           
             and
             the
             Return
             thereof
             were
             read
             in
          
           haec
           verba
           .
        
         
           
             L.
             H.
             Steward
             .
          
           
             Call
             the
             Lieutenant
             of
             the
             Tower
             to
             return
             his
             Precept
             ,
             and
             bring
             his
             Prisoner
             to
             the
             Bar.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Make
             proclamation
             .
          
        
         
           
             Serg.
             at
             Arms.
             
          
           
             Lieutenant
             of
             the
             Tower
             of
             London
             ,
             return
             thy
             Writ
             and
             Precept
             to
             thee
             directed
             ,
             together
             with
             the
             Body
             of
             Henry
             Baron
             of
             Delamere
             ,
             thy
             Prisoner
             ,
             forthwith
             ,
             upon
             Pain
             and
             Peril
             shall
             fall
             thereon
             .
          
        
         
           
             The
             Prisoner
             was
             brought
             to
             the
             Bar
             by
             the
             Lieutenant
             of
             the
             Tower
             :
             The
             Writ
             and
             Return
             thereof
             ,
             together
             with
             his
             Grace's
             Precept
             ,
             and
             the
             Return
             thereof
             were
             read
             in
          
           haec
           verba
           .
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Make
             proclamation
             .
          
        
         
           
             Serg.
             at
             Arms.
             
          
           
             Sir
             
               Roger
               Harsnet
            
             Knight
             ,
             Sergeant
             at
             Arms
             to
             our
             Sovereign
             Lord
             the
             King
             ,
             return
             the
             Precept
             to
             thee
             directed
             ,
             together
             with
             the
             Names
             of
             all
             the
             Lords
             and
             Noblemen
             of
             this
             Realm
             of
             England
             ,
             Peers
             of
             Henry
             Baron
             of
             Delamere
             ,
             by
             thee
             summoned
             ,
             forthwith
             ,
             upon
             Pain
             and
             Peril
             shall
             fall
             thereon
             .
          
        
         
           The
           Sergeant
           at
           Arms
           delivered
           in
           his
           Precept
           and
           Return
           at
           the
           Clerks
           Table
           .
        
         
           
             L.
             H.
             Steward
             .
          
           
             Read
             the
             Precept
             and
             the
             Return
             .
          
        
         
           
             They
             were
             read
             in
          
           haec
           verba
           .
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Make
             an
             O
             Yes
             .
          
        
         
           
             Serg.
             at
             Arms.
             
          
           
             O
             Yes
             .
             All
             Dukes
             ,
             Earls
             ,
             Viscounts
             ,
             and
             Barons
             of
             this
             Realm
             of
             England
             ,
             Peers
             of
             Henry
             Baron
             of
             Delamere
             ,
             who
             by
             Commandment
             of
             my
             Lord
             High
             Steward
             of
             England
             His
             Grace
             ,
             were
             summoned
             to
             appear
             here
             this
             Day
             ,
             and
             are
             now
             present
             in
             Court
             ,
             answer
             to
             your
             Names
             ,
             upon
             Pain
             and
             Perii
             will
             fall
             thereon
             .
          
        
         
           The
           Peers
           summoned
           were
           called
           over
           ,
           and
           those
           that
           appeared
           ,
           standing
           up
           uncovered
           ,
           answered
           to
           their
           Names
           ,
           each
           making
           a
           Reverence
           to
           the
           Lord
           High
           Steward
           .
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Laurence
             Earl
             of
             Rochester
             Lord
             High
             Treasurer
             of
             England
             .
          
        
         
           
             L.
             H.
             Treas
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Robert
             Earl
             of
             Sunderland
             Lord
             President
             of
             his
             Majesty's
             Privy
             Council
             .
          
        
         
           
             Lord
             Presid
             .
          
           
             Here.
             
          
        
         
           
           
             Cl.
             of
             Cr.
             
          
           
             Henry
             Duke
             of
             Norfolk
             Earl
             Marshal
             of
             England
             .
          
        
         
           
             D.
             of
             Norf.
             
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             James
             Duke
             of
             Ormond
             Lord
             Steward
             of
             his
             Majesty's
             Houshold
             .
          
        
         
           He
           did
           not
           appear
           .
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Charles
             Duke
             of
             Somerset
             .
          
        
         
           
             D.
             of
             Som.
             
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Christopher
             Duke
             of
             Albermarle
             .
          
        
         
           He
           did
           not
           appear
           .
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Henry
             Duke
             of
             Grafton
             .
          
        
         
           
             D.
             of
             Graft
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             the
             Cr.
             
          
           
             Henry
             Duke
             of
             Beaufort
             Lord
             President
             of
             Wales
             .
          
        
         
           
             D.
             of
             Beauf.
             
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             John
             Earl
             of
             Mulgrave
             Lord
             Chamberlain
             of
             his
             Majesty's
             Houshold
             .
          
        
         
           
             E.
             of
             Mulg
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Aubery
             Earl
             of
             Oxford
             .
          
        
         
           
             E.
             of
             Oxf.
             
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Charles
             Earl
             of
             Shrewsbury
             .
          
        
         
           
             E.
             of
             Shrews
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Theophilus
             Earl
             of
             Huntingdon
             .
          
        
         
           
             E.
             of
             Hunt.
             
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Thomas
             Earl
             of
             Pembroke
             .
          
        
         
           
             E.
             of
             Pemb.
             
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             John
             Earl
             of
             Bridgwater
             .
          
        
         
           
             E.
             of
             Bridgw
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Henry
             Earl
             of
             Peterborow
             .
          
        
         
           
             E.
             of
             Peterb
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Robert
             Earl
             of
             Scarsdale
             .
          
        
         
           
             E.
             of
             Scarsd
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             William
             Earl
             of
             Craven
             .
          
        
         
           
             E.
             of
             Craven
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Richard
             Earl
             of
             Burlington
             .
          
        
         
           He
           did
           not
           appear
           .
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Louis
             Earl
             of
             Feversham
             .
          
        
         
           
             E.
             of
             Feversh
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             George
             Earl
             of
             Berkeley
             .
          
        
         
           
             E.
             of
             Berk.
             
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Daniel
             Earl
             of
             Nottingham
             .
          
        
         
           
             E.
             of
             Notting
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Thomas
             Earl
             of
             Plimouth
             .
          
        
         
           
             E.
             of
             Plim
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Thomas
             Viscount
             Falconberge
             .
          
        
         
           
             L.
             Falconberge
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Francis
             Viscount
             Newport
             Treasurer
             of
             his
             Majesty's
             Houshold
             .
          
        
         
           
             L.
             Newport
             .
          
           
             Here.
             
          
        
         
           
           
             Cl.
             of
             Cr.
             
          
           
             Robert
             Lord
             Ferrers
             .
          
        
         
           
             L.
             Ferrers
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             
               Vere
               Essex
            
             Lord
             Cromwell
             .
          
        
         
           
             L.
             Cromwell
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             William
             Lord
             Maynard
             Comptroller
             of
             his
             Majesty's
             Houshold
             .
          
        
         
           
             L.
             Maynard
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             George
             Lord
             Dartmouth
             Master
             General
             of
             his
             Majesty's
             Ordnance
             .
          
        
         
           
             L.
             Dartmouth
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Sidney
             Lord
             Godolphin
             .
          
        
         
           
             L.
             Godolphin
             .
          
           
             Here.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             John
             Lord
             Churchill
             .
          
        
         
           
             L.
             Churchill
             .
          
           
             Here.
             
          
        
         
           
             Then
             his
             Grace
             the
             Lord
             High
             Steward
             addressed
             himself
             to
             the
             Lord
          
           Delamere
           
             the
             Prisoner
             at
             the
             Bar
             in
             this
             Manner
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             Delamere
             ,
             the
             King
             being
             acquainted
             that
             you
             stand
             accused
             of
             High
             Treason
             ,
             not
             by
             common
             Report
             or
             Hearsay
             ,
             but
             by
             a
             Bill
             of
             Indictment
             found
             against
             you
             by
             Gentlemen
             of
             great
             Quality
             ,
             and
             known
             Integrity
             within
             the
             County
             Palatine
             of
             Chester
             ,
             the
             place
             of
             your
             Residence
             ,
             has
             thought
             it
             necessary
             in
             Tenderness
             to
             you
             ,
             as
             well
             as
             Justice
             to
             himself
             ,
             to
             order
             you
             a
             speedy
             Tryal
             .
          
           
             My
             Lord
             ,
             if
             you
             know
             your self
             innocent
             ,
             in
             the
             name
             of
             God
             ,
             do
             not
             despond
             ,
             for
             you
             may
             be
             assured
             of
             a
             fair
             and
             patient
             hearing
             ,
             and
             in
             your
             proper
             time
             a
             free
             Liberty
             to
             make
             your
             full
             Defence
             :
             and
             I
             am
             sure
             you
             cannot
             but
             be
             well
             convinced
             ,
             that
             my
             Noble
             Lords
             that
             are
             here
             your
             Peers
             to
             try
             you
             ,
             will
             be
             as
             desirous
             and
             ready
             to
             acquit
             you
             ,
             if
             you
             appear
             to
             be
             innocent
             ,
             as
             they
             will
             to
             convict
             you
             if
             you
             be
             guilty
             .
          
           
             But
             ,
             my
             Lord
             ,
             if
             you
             are
             conscious
             to
             your self
             that
             you
             are
             guilty
             of
             this
             heinous
             Crime
             ,
             give
             Glory
             to
             God
             ,
             make
             amends
             to
             his
             Vicegerent
             the
             King
             by
             a
             plain
             and
             full
             discovery
             of
             your
             Guilt
             ,
             and
             do
             not
             ,
             by
             an
             obstinate
             persisting
             in
             the
             Denial
             of
             it
             ,
             provoke
             the
             just
             indignation
             of
             your
             Prince
             ,
             who
             has
             made
             it
             appear
             to
             the
             World
             ,
             that
             his
             Inclinations
             are
             rather
             to
             shew
             Mercy
             than
             inflict
             Punishments
             .
             My
             Lord
             ,
             attend
             with
             patience
             ,
             and
             hear
             the
             Bill
             of
             Indictment
             that
             hath
             been
             found
             against
             you
             read
             .
             Read
             the
             Bill
             of
             Indictment
             to
             my
             Lord.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Henry
             Baron
             of
             Delamere
             ,
             Hold
             up
             thy
             hand
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             humbly
             beg
             your
             Grace
             would
             please
             to
             answer
             me
             one
             Question
             ,
             whether
             a
             Peer
             of
             England
             be
             obliged
             by
             the
             Laws
             of
             this
             Land
             to
             hold
             up
             his
             hand
             at
             the
             Bar
             ,
             as
             a
             Commoner
             must
             do
             ;
             and
             I
             ask
             your
             Grace
             this
             question
             the
             rather
             ,
             because
             in
             my
             Lord
             
             Stafford's
             Case
             it
             was
             allowed
             to
             be
             the
             priviledge
             of
             the
             Peers
             not
             to
             hold
             up
             their
             hands
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lords
             ,
             this
             being
             a
             matter
             of
             the
             priviledge
             of
             
             the
             Peerage
             ,
             it
             is
             not
             fit
             for
             me
             to
             determine
             it
             one
             way
             or
             th'
             other
             ;
             but
             I
             think
             I
             may
             acquaint
             your
             Lordships
             ,
             that
             in
             point
             of
             Law
             ,
             if
             you
             are
             satisfied
             this
             is
             the
             Person
             indicted
             ,
             the
             holding
             ,
             or
             not
             holding
             up
             of
             the
             hand
             is
             but
             a
             Formality
             ,
             which
             does
             not
             signifie
             much
             either
             way
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             humbly
             pray
             your
             Grace's
             direction
             in
             one
             thing
             farther
             ,
             whether
             I
             must
             address
             my self
             to
             your
             Grace
             when
             I
             would
             speak
             ,
             or
             to
             your
             Grace
             with
             the
             rest
             of
             these
             Noble
             Lords
             my
             Peers
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             You
             must
             direct
             what
             you
             have
             to
             say
             to
             me
             ,
             my
             Lord.
             
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             beg
             your
             Grace
             would
             please
             to
             satisfie
             me
             whether
             your
             Grace
             be
             one
             of
             my
             Judges
             in
             concurrence
             with
             the
             rest
             of
             the
             Lords
             ?
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             No
             ,
             my
             Lord
             ,
             I
             am
             Judge
             of
             the
             Court
             ,
             but
             I
             am
             none
             of
             your
             Tryers
             .
             Go
             on
             .
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             HEnry
             
               Baron
               of
            
             Delamere
             ,
             
               thou
               standest
               Indicted
               in
               the
               County
               Palatine
               of
            
             Chester
             
               by
               the
               name
               of
            
             Henry
             
               Baron
               of
            
             Delamere
             of
             Mere
             
               in
               the
               said
               County
               of
            
             Chester
             ,
             
               For
               that
               thou
               as
               a
               false
               Traytor
               against
               the
               most
               Illustrious
               and
               most
               Excellent
               Prince
               ,
            
             James
             
               the
               Second
               ,
               by
               the
               Grace
               of
               God
               of
            
             England
             ,
             Scotland
             ,
             France
             and
             Ireland
             ,
             
               King
               ,
               thy
               natural
               Lord
               ,
               not
               having
               the
               fear
               of
               God
               in
               thy
               Heart
               ,
               nor
               weighing
               the
               duty
               of
               thy
               Allegiance
               ,
               but
               being
               moved
               and
               seduced
               by
               the
               Instigation
               of
               the
               Devil
               ,
               the
               cordial
               Love
               ,
               and
               true
               ,
               due
               ,
               and
               natural
               Obedience
               which
               a
               true
               and
               faithful
               Subject
               of
               our
               said
               Lord
               the
               King
               ,
               towards
               him
               our
               said
               Lord
               the
               King
               ,
               should
               and
               of
               right
               to
               bear
               ,
               wholly
               withdrawing
               ;
               and
               contriving
               ,
               practising
               ,
               and
               with
               all
               thy
               might
               intending
               ,
               the
               Peace
               and
               common
               Tranquillity
               of
               this
               Kingdom
               of
            
             England
             
               to
               disquiet
               ,
               molest
               ,
               and
               disturb
               ;
               and
               War
               and
               Rebellion
               against
               our
               said
               Lord
               the
               King
               ,
               within
               this
               Kingdom
               of
            
             England
             ,
             
               to
               stirr
               up
               ,
               move
               ,
               and
               procure
               ,
               and
               the
               Government
               of
               our
               said
               Lord
               the
               King
               of
               this
               Kingdom
               of
            
             England
             
               to
               subvert
               ,
               change
               and
               alter
               ,
               and
               our
               said
               Lord
               the
               King
               from
               the
               Title
               ,
               Honour
               ,
               and
               Kingly
               Name
               of
               the
               Imperial
               Crown
               of
               his
               Kingdom
               of
            
             England
             
               to
               depose
               and
               deprive
               ,
               and
               our
               said
               Lord
               the
               King
               to
               Death
               and
               final
               Destruction
               to
               bring
               and
               put
               ;
               the
               fourteenth
               day
               of
            
             April
             
               in
               the
               first
               Year
               of
               the
               Reign
               of
               our
               said
               Lord
            
             James
             
               the
               Second
               now
               King
               of
            
             England
             ,
             
               &c.
               and
               divers
               other
               days
               and
               times
               as
               well
               before
               as
               after
               ,
               at
            
             Mere
             
               in
               the
               County
               of
            
             Chester
             
               aforesaid
               ,
               falsely
               ,
               maliciously
               ,
               devilishly
               ,
               and
               traiterously
               ,
               with
               divers
               others
               false
               Traytors
               and
               Rebels
               ,
               to
               the
               Jurors
               unknown
               ,
               didst
               conspire
               ,
               compass
               ,
               imagine
               ,
               and
               intend
               our
               said
               Lord
               the
               King
               ,
               thy
               supreme
               ,
               true
               and
               natural
               Lord
               ,
               not
               only
               from
               the
               Kingly
               State
               ,
               Title
               ,
               Power
               ,
               and
               Government
               of
               his
               Kingdom
               of
            
             England
             
               to
               deprive
               and
               cast
               down
               ,
               but
               also
               the
               same
               our
               Lord
               the
               King
               to
               kill
               ,
               and
               to
               Death
               to
               bring
               and
               put
               ,
               and
               the
               antient
               Government
               of
               this
               Kingdom
               of
            
             England
             
               to
               change
               ,
               alter
               ,
               and
               wholly
               to
               subvert
               ,
               and
               a
               miserable
               slaughter
               among
               the
               Subjects
               of
               our
               said
               Lord
               the
               King
               throughout
               his
               whole
               Kingdom
               of
            
             England
             ,
             
             
               to
               cause
               and
               procure
               ,
               and
               Insurrection
               and
               Rebellion
               against
               our
               said
               Lord
               the
               King
               within
               this
               Kingdom
               of
            
             England
             
               to
               procure
               and
               assist
               ,
               and
               the
               same
               thy
               most
               wicked
               ,
               most
               impious
               ,
               and
               devilish
               Treasons
               and
               traiterous
               compassing
               Imaginations
               and
               purposes
               aforesaid
               to
               fulfil
               and
               bring
               to
               effect
               ,
               thou
               the
               said
            
             Henry
             
               Baron
               of
            
             Delamere
             ,
             
               as
               a
               false
               Traytor
               then
               and
               there
               ,
               to
               wit
               ,
               the
               said
               fourteenth
               day
               of
            
             April
             
               in
               the
               first
               year
               abovesaid
               ,
               and
               divers
               other
               days
               and
               times
               as
               well
               before
               as
               after
               ,
               at
            
             Mere
             
               aforesaid
               ,
               in
               the
               County
               aforesaid
               ,
               falsly
               ,
               unlawfully
               ,
               wickedly
               ,
               and
               traiterously
               with
            
             Charles
             Gerrard
             
               
                 Esq
              
               and
               other
               false
               Traytors
               to
               the
               Jurors
               unknown
               ,
               didst
               assemble
               thy self
               ,
               gather
               together
               ,
               consult
               ,
               and
               agree
               to
               raise
               and
               procure
               divers
               great
               summs
               of
               Money
               ,
               and
               a
               great
               number
               of
               armed
               men
               ,
               War
               and
               Rebellion
               within
               this
               Kingdom
               of
            
             England
             
               to
               levy
               and
               make
               ,
               and
               the
               City
               of
            
             Chester
             
               in
               the
               County
               of
               the
               same
               City
               ,
               as
               also
               the
               Castle
               of
               our
               said
               Lord
               the
               King
               of
            
             Chester
             at
             Chester
             
               in
               the
               County
               of
            
             Chester
             
               aforesaid
               ,
               and
               all
               the
               Magazines
               in
               the
               same
               Castle
               then
               being
               ,
               to
               enter
               ,
               take
               ,
               seize
               ,
               and
               surprise
               ,
               and
               into
               thy
               possession
               and
               power
               to
               obtain
               ;
               and
               that
               thou
               the
               said
            
             Henry
             
               Baron
               of
            
             Delamere
             
               afterwards
               ,
               to
               wit
               ,
               the
            
             27th
             
               day
               of
            
             May
             ,
             
               in
               the
               first
               Year
               abovesaid
               ,
               falsely
               ,
               unlawfully
               ,
               wickedly
               ,
               and
               traiterously
               didst
               take
               a
               Journey
               from
               the
               City
               of
            
             London
             unto
             Mere
             
               aforesaid
               ,
               in
               the
               County
               of
            
             Chester
             
               aforesaid
               ,
               thy
               traiterous
               purposes
               aforesaid
               to
               fulfil
               and
               perfect
               :
               And
               that
               thou
               the
               said
            
             Henry
             
               Baron
               of
            
             Delamere
             ,
             
               afterwards
               ,
               to
               wit
               ,
               the
               fourth
               day
               of
            
             June
             ,
             
               in
               the
               first
               Year
               abovesaid
               ,
               at
            
             Mere
             
               aforesaid
               ,
               in
               the
               County
               of
            
             Chester
             
               aforesaid
               ,
               in
               further
               prosecution
               of
               thy
               unlawful
               ,
               most
               wicked
               ,
               and
               traiterous
               purposes
               aforesaid
               ,
               divers
               Liege
               People
               and
               Subjects
               of
               our
               said
               Lord
               the
               King
               ,
               to
               the
               Jurors
               unknown
               ,
               with
               thee
               the
               said
            
             Henry
             
               Baron
               of
            
             Delamere
             ,
             
               and
               the
               aforesaid
               other
               false
               Traytors
               ,
               to
               the
               Jurors
               unknown
               ,
               falsely
               ,
               unlawfully
               ,
               and
               traiterously
               ,
               in
               the
               War
               and
               Rebellion
               aforesaid
               ,
               and
               in
               thy
               traiterous
               purposes
               aforesaid
               ,
               to
               join
               and
               adhere
               ,
               didst
               excite
               ,
               animate
               ,
               and
               perswade
               ,
               against
               the
               duty
               of
               thy
               Allegiance
               ,
               against
               the
               Peace
               of
               our
               said
               Lord
               the
               King
               that
               now
               is
               ,
               his
               Crown
               and
               Dignity
               ,
               and
               against
               the
               form
               of
               the
               Statute
               in
               that
               case
               made
               and
               provided
               .
               How
               say'st
               thou
            
             Henry
             
               Baron
               of
            
             Delamere
             ,
             art
             thou
             Guilty
             of
             this
             High
             Treason
             whereof
             thou
             standest
             Indicted
             ,
             and
             hast
             been
             now
             Arraigned
             ,
             or
             not
             Guilty
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             humbly
             beg
             the
             Indictment
             may
             be
             read
             again
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Let
             it
             be
             read
             again
             .
             
               Which
               was
               done
               .
            
          
        
         
           
             L.
             Delamere
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             I
             humbly
             beg
             the
             favour
             to
             be
             heard
             a
             few
             words
             before
             I
             plead
             to
             this
             Indictment
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             Delamere
             ,
             I
             am
             very
             unwilling
             to
             give
             your
             Lordship
             any
             interruption
             ,
             but
             according
             to
             the
             Methods
             of
             Law
             ,
             which
             must
             be
             observed
             in
             your
             Case
             ,
             as
             well
             as
             all
             others
             ,
             You
             must
             plead
             to
             the
             Indictment
             before
             you
             be
             heard
             to
             any
             thing
             else
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             I
             have
             something
             to
             offer
             to
             your
             Grace's
             and
             their
             Lordships
             consideration
             which
             is
             a
             matter
             of
             Law.
             
          
        
         
           
           
             L.
             H.
             Steward
             .
          
           
             I
             know
             not
             what
             matter
             of
             Law
             you
             have
             to
             offer
             :
             If
             you
             have
             a
             mind
             to
             demur
             to
             the
             Indictment
             ,
             you
             may
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Will
             your
             Grace
             please
             to
             hear
             what
             I
             have
             to
             say
             ?
             and
             then
             I
             shall
             submit
             it
             to
             your
             Grace's
             Judgment
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             I
             would
             hear
             what
             you
             have
             to
             say
             ,
             my
             Lord
             ,
             with
             all
             my
             heart
             ,
             if
             I
             could
             :
             But
             I
             must
             then
             pass
             by
             all
             the
             Forms
             and
             usual
             Methods
             of
             proceeding
             ,
             and
             that
             without
             any
             advantage
             to
             you
             too
             ,
             and
             that
             I
             suppose
             your
             Lordship
             will
             not
             desire
             of
             me
             .
             Ask
             my
             Lord
             ,
             Whether
             he
             be
             guilty
             ,
             or
             not
             guilty
             ?
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             How
             sayst
             thou
             ,
             Henry
             Baron
             of
             Delamere
             ,
             Art
             thou
             guilty
             of
             this
             High
             Treason
             whereof
             thou
             hast
             been
             indicted
             ,
             or
             not
             guilty
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             beseech
             your
             Grace
             to
             hear
             me
             ,
             what
             I
             have
             to
             say
             ,
             I
             shall
             not
             detain
             your
             Grace
             very
             long
             ,
             but
             I
             beg
             your
             Grace
             to
             hear
             me
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             Delamere
             ,
             I
             must
             keep
             you
             to
             the
             known
             Rules
             and
             Methods
             of
             Law
             :
             This
             is
             not
             your
             time
             to
             speak
             but
             to
             plead
             ;
             in
             your
             proper
             time
             you
             shall
             be
             fully
             heard
             whatsoever
             you
             have
             to
             say
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             If
             your
             Grace
             please
             ,
             I
             have
             something
             to
             say
             which
             concerns
             all
             the
             Peers
             of
             England
             in
             point
             of
             Right
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             ,
             you
             must
             either
             plead
             ,
             or
             demur
             to
             this
             Indictment
             ,
             that
             is
             the
             usual
             Practice
             before
             any
             thing
             else
             can
             be
             done
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             have
             a
             Plea
             to
             offer
             to
             your
             Grace
             and
             my
             Lords
             ;
             and
             it
             is
             with
             reference
             to
             the
             Priviledg
             and
             Right
             of
             the
             Peers
             of
             England
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             If
             you
             have
             any
             Plea
             to
             offer
             ,
             it
             must
             be
             received
             ,
             my
             Lord.
             
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             amidst
             the
             hardships
             I
             have
             lain
             under
             by
             my
             frequent
             Imprisonments
             and
             close
             Confinement
             —
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             Delamere
             ,
             You
             must
             keep
             up
             to
             the
             Legal
             Method
             of
             Proceedings
             :
             In
             Cases
             of
             this
             nature
             I
             would
             ,
             as
             far
             is
             possible
             for
             me
             to
             do
             ,
             indulge
             a
             Person
             of
             your
             Quality
             ,
             and
             in
             your
             condition
             ;
             but
             withal
             I
             must
             do
             right
             to
             the
             Court
             ,
             and
             not
             permit
             any
             Breach
             to
             be
             made
             upon
             the
             Legal
             Course
             of
             Proceedings
             .
             You
             must
             plead
             ,
             or
             demurr
             to
             the
             Indictment
             before
             you
             are
             heard
             to
             say
             any
             thing
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Will
             your
             Grace
             be
             pleased
             to
             hear
             me
             tell
             you
             my
             Reasons
             why
             I
             offer
             you
             a
             Plea
             of
             this
             nature
             to
             the
             Indictment
             ?
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             ,
             if
             you
             have
             any
             Plea
             ,
             put
             it
             in
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Will
             your
             Grace
             be
             pleas'd
             to
             accept
             it
             as
             I
             have
             done
             it
             ?
             It
             may
             be
             it
             is
             not
             so
             formal
             ,
             because
             I
             have
             had
             no
             Councel
             allowed
             me
             to
             peruse
             and
             sign
             it
             .
             But
             as
             it
             is
             ,
             I
             here
             offer
             it
             to
             your
             Grace's
             consideration
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Ay
             ,
             put
             it
             in
             .
          
        
         
           Then
           it
           was
           delivered
           to
           the
           Clerk.
           
        
         
           
             L.
             H.
             Steward
             .
          
           
             Read
             it
             .
          
        
         
           
           
             Cl.
             of
             Cr.
             
          
           
             
               The
               humble
               Plea
               of
            
             Henry
             Lord
             Delamere
             ,
             
               to
               the
               Indictment
               of
               High
               Treason
               against
               him
               ,
               now
               to
               be
               tryed
               by
               the
               Lord
               High
               Steward
               and
               Peers
               here
               assembled
               .
            
          
           
             THE
             said
             Lord
             Delamere
             saving
             to
             himself
             all
             benefit
             of
             Advantage
             of
             any
             further
             or
             other
             matter
             of
             exception
             to
             the
             Generality
             ,
             Incertainty
             or
             Insufficiency
             of
             the
             said
             Indictment
             ,
             and
             all
             matters
             and
             things
             which
             do
             or
             may
             concern
             the
             same
             ,
             for
             Plea
             hereunto
             saith
             ,
          
           
             That
             he
             was
             by
             his
             Majesty's
             Writ
             Summoned
             to
             this
             present
             Parliament
             which
             began
             the
             Nineteenth
             Day
             of
             May
             last
             ,
             and
             attended
             his
             Duty
             there
             as
             a
             Peer
             of
             this
             Realm
             .
          
           
             That
             for
             High
             Treason
             supposed
             to
             be
             committed
             by
             him
             ,
             during
             the
             Sitting
             of
             the
             same
             Parliament
             ;
             he
             was
             the
             Twenty
             sixth
             Day
             of
             July
             last
             ,
             committed
             ,
             by
             Warrant
             of
             the
             Earl
             of
             Sunderland
             one
             of
             his
             Majesty's
             Principal
             Secretaries
             of
             State
             ,
             to
             the
             Tower
             of
             London
             .
          
           
             That
             the
             Peers
             in
             Parliament
             assembled
             ,
             taking
             Notice
             by
             his
             Petition
             of
             the
             Ninth
             of
             November
             last
             ,
             of
             his
             being
             absent
             from
             his
             Attendance
             in
             Parliament
             ,
             sent
             a
             Message
             to
             his
             Majesty
             to
             know
             the
             reason
             why
             he
             the
             said
             Henry
             Lord
             Delamere
             ,
             a
             Peer
             of
             that
             House
             ,
             was
             absent
             from
             his
             Attendance
             there
             .
          
           
             Upon
             the
             Tenth
             Day
             of
             November
             last
             ,
             the
             Lord
             Treasurer
             reported
             his
             Majesty's
             Answer
             to
             the
             said
             Message
             ,
             viz.
             That
             the
             said
             Lord
             Delamere
             was
             absent
             from
             his
             Attendance
             in
             Parliament
             ,
             because
             he
             stood
             committed
             for
             High
             Treason
             ,
             for
             levying
             War
             against
             the
             King
             this
             last
             Summer
             ,
             testifyed
             upon
             Oath
             ,
             and
             that
             his
             Majesty
             had
             given
             directions
             that
             he
             should
             be
             proceeded
             against
             with
             all
             speed
             according
             to
             Law.
             
          
           
             The
             House
             of
             Peers
             not
             being
             satisfied
             with
             this
             Answer
             ,
             the
             Debate
             thereof
             was
             adjourn'd
             till
             the
             Monday
             morning
             following
             .
          
           
             On
             which
             Day
             the
             Lords
             resuming
             the
             Debate
             concerning
             the
             Lord
             Delamere
             and
             the
             King's
             Message
             ;
             after
             some
             Debate
             ,
             the
             Lord
             Chancellour
             ,
             by
             his
             Majesty's
             Command
             ,
             gave
             the
             House
             an
             account
             what
             Proceedings
             had
             been
             against
             the
             Lord
             Delamere
             since
             his
             Majesty's
             Answer
             to
             their
             Address
             concerning
             his
             absence
             from
             the
             House
             ,
             which
             was
             to
             this
             Effect
             :
          
           
             That
             the
             King
             had
             given
             Order
             for
             a
             speedy
             Prosecution
             of
             him
             :
             That
             the
             Treason
             whereof
             he
             was
             accused
             was
             committed
             in
             Cheshire
             ;
             and
             that
             being
             a
             County
             Palatine
             ,
             the
             Prosecution
             ought
             to
             be
             there
             ,
             and
             not
             in
             the
             King's
             Bench
             ;
             as
             it
             might
             be
             if
             the
             Treason
             had
             been
             committed
             in
             another
             County
             :
             and
             that
             therefore
             his
             Majesty
             had
             given
             Order
             for
             a
             Commission
             of
             Oyer
             and
             Terminer
             into
             Cheshire
             ,
             in
             order
             to
             the
             finding
             of
             an
             Indictment
             against
             him
             for
             the
             said
             Treason
             :
             And
             that
             accordingly
             a
             Commission
             of
             Oyer
             and
             Terminer
             was
             already
             sealed
             ;
             and
             if
             the
             Indictment
             be
             not
             found
             before
             the
             end
             of
             the
             Term
             ,
             the
             said
             Lord
             
             Delamere's
             Prayer
             being
             entred
             in
             the
             Kings's
             Bench
             ,
             he
             should
             be
             Bailed
             .
          
           
           
             All
             which
             Proceedings
             do
             more
             fully
             appear
             in
             the
             Journals
             of
             the
             said
             House
             of
             Peers
             ;
             to
             which
             the
             said
             Henry
             Lord
             Delamere
             doth
             refer
             himself
             .
          
           
             Afterwards
             ,
             that
             is
             to
             say
             ,
             upon
             the
             〈◊〉
             Day
             of
             〈◊〉
             the
             said
             Parliament
             was
             Prorogued
             by
             his
             Majesty
             unto
             the
             Tenth
             Day
             of
             February
             next
             ,
             as
             by
             the
             said
             Journals
             it
             doth
             also
             appear
             .
          
           
             Upon
             all
             which
             Matters
             ,
             the
             said
             Henry
             Lord
             Delamere
             doth
             humbly
             tender
             this
             his
             Plea
             to
             the
             Jurisdiction
             of
             your
             Lordships
             in
             this
             Cause
             ,
             and
             doth
             humbly
             conceive
             your
             Lordships
             ought
             not
             to
             proceed
             in
             the
             Tryal
             of
             him
             upon
             the
             Indictment
             of
             High
             Treason
             now
             before
             you
             :
             And
             that
             for
             these
             following
             Reasons
             ,
          
           
             First
             ,
             Inasmuch
             as
             it
             appears
             by
             the
             said
             Petition
             of
             the
             said
             Henry
             Lord
             Delamere
             ,
             and
             the
             several
             Orders
             of
             the
             Lords
             ,
             and
             the
             King's
             Answers
             to
             the
             Message
             of
             the
             Lords
             thereupon
             ,
             That
             the
             said
             House
             are
             already
             possessed
             of
             his
             said
             Cause
             ,
             which
             is
             for
             the
             same
             supposed
             Treason
             for
             which
             he
             was
             at
             first
             committed
             ,
             and
             which
             is
             the
             same
             Treason
             for
             which
             he
             now
             stands
             indicted
             before
             your
             Lordships
             .
             And
             for
             this
             Reason
             your
             Lordships
             ,
             as
             he
             humbly
             conceives
             ,
             by
             the
             Law
             and
             Custom
             of
             Parliament
             ,
             which
             is
             part
             of
             the
             Law
             and
             Custom
             of
             the
             Land
             ,
             ought
             not
             to
             proceed
             against
             him
             upon
             the
             said
             Indictment
             ;
             but
             his
             said
             Cause
             ought
             wholly
             to
             be
             determined
             and
             adjudged
             in
             the
             said
             House
             of
             Peers
             ,
             and
             not
             elsewhere
             ,
             as
             in
             like
             Cases
             has
             been
             formerly
             done
             .
          
           
             Secondly
             ,
             Whereas
             it
             is
             the
             Right
             and
             Privilege
             of
             the
             Peerage
             of
             this
             Realm
             ,
             That
             no
             Peer
             thereof
             ought
             to
             be
             tryed
             or
             proceeded
             against
             for
             High
             Treason
             during
             the
             continuance
             of
             the
             Parliament
             ,
             except
             in
             the
             said
             House
             of
             Peers
             ,
             and
             before
             .
             the
             whole
             Body
             of
             the
             Peers
             there
             .
             And
             whereas
             the
             aforesaid
             Parliament
             is
             now
             continuing
             by
             Prorogation
             until
             the
             tenth
             day
             of
             February
             next
             abovesaid
             ,
             the
             said
             Henry
             Lord
             Delamere
             humbly
             conceives
             that
             by
             the
             Law
             and
             Custom
             of
             Parliament
             hitherto
             used
             ,
             which
             is
             part
             of
             the
             Law
             and
             Custom
             of
             the
             Realm
             ,
             he
             ought
             not
             ,
             nor
             can
             be
             tryed
             before
             your
             Lordships
             for
             the
             said
             Treasons
             ,
             because
             the
             said
             Parliament
             is
             still
             continuing
             ,
             and
             not
             dissolved
             .
          
           
             And
             lastly
             ,
             The
             said
             Henry
             Lord
             Delamere
             doth
             further
             say
             ,
             That
             he
             is
             the
             same
             Henry
             Lord
             Delamere
             mentioned
             in
             the
             Commitment
             ,
             Petitions
             ,
             Messages
             ,
             Answers
             and
             Indictment
             now
             read
             unto
             him
             ,
             and
             the
             said
             Treason
             for
             which
             he
             was
             committed
             is
             the
             same
             Treason
             mentioned
             in
             the
             Commitment
             ,
             Petition
             ,
             Messages
             ,
             Answers
             ,
             and
             Indictment
             ,
             as
             aforesaid
             .
          
           
             To
             which
             said
             Indictment
             he
             humbly
             conceives
             he
             is
             not
             bound
             by
             Law
             to
             make
             any
             further
             or
             other
             Answer
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             and
             you
             my
             Noble
             Lords
             ,
             I
             do
             not
             offer
             this
             Plea
             out
             of
             any
             diffidence
             or
             distrust
             in
             my
             Cause
             ,
             nor
             out
             of
             any
             dislike
             I
             have
             to
             any
             of
             your
             Lordships
             that
             are
             here
             Summoned
             to
             be
             my
             Tryers
             ;
             I
             cannot
             hope
             to
             stand
             before
             any
             more
             just
             and
             Noble
             ,
             nor
             can
             I
             wish
             to
             stand
             before
             any
             others
             ;
             but
             your
             Grace
             and
             my
             Lords
             will
             pardon
             me
             if
             I
             insist
             upon
             
             it
             ,
             because
             I
             apprehend
             it
             a
             Right
             and
             Priviledge
             doe
             to
             all
             the
             Peerage
             of
             England
             ,
             which
             ,
             as
             it
             is
             against
             the
             Duty
             of
             every
             Peer
             to
             betray
             or
             forgoe
             ;
             so
             it
             is
             not
             in
             the
             power
             of
             any
             One
             ,
             or
             more
             ,
             to
             wave
             it
             ,
             or
             give
             it
             up
             without
             the
             consent
             of
             the
             whole
             Body
             of
             the
             Peers
             ,
             every
             one
             of
             them
             being
             equally
             interested
             .
          
           
             This
             ,
             my
             Lord
             ,
             I
             humbly
             demand
             as
             my
             Right
             and
             Priviledge
             as
             a
             Peer
             of
             England
             ,
             and
             submit
             to
             the
             direction
             of
             your
             Grace
             and
             my
             Noble
             Lords
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             What
             say
             you
             to
             it
             ,
             Mr.
             Attorney
             ?
          
        
         
           
             Mr.
             Attor
             .
             General
             .
          
           
             May
             it
             please
             your
             Grace
             ;
             This
             Plea
             that
             is
             here
             offered
             by
             this
             Noble
             Lord
             ,
             is
             a
             Plea
             to
             the
             Jurisdiction
             ,
             but
             ,
             with
             submission
             ,
             it
             needs
             very
             little
             answer
             ,
             for
             it
             has
             very
             little
             in
             it
             :
             The
             Force
             of
             the
             Plea
             is
             ,
             That
             he
             ought
             to
             be
             tryed
             by
             the
             whole
             Body
             of
             the
             House
             of
             Peers
             in
             Parliament
             ,
             because
             the
             Parliament
             is
             still
             continuing
             ,
             being
             under
             a
             Prorogation
             and
             not
             dissolved
             ;
             and
             because
             there
             was
             some
             agitation
             of
             the
             matter
             concerning
             this
             Prosecution
             ,
             upon
             his
             Petition
             ,
             in
             the
             House
             of
             Lords
             ;
             and
             therefore
             it
             concludes
             ,
             That
             he
             ought
             not
             to
             be
             tryed
             by
             your
             Grace
             and
             these
             Noble
             Lords
             upon
             this
             Commission
             ,
             but
             by
             all
             the
             Lords
             in
             Parliament
             .
             With
             submission
             ,
             my
             Lord
             ,
             This
             is
             contrary
             to
             all
             the
             antient
             Precedents
             ,
             and
             against
             the
             known
             Rules
             of
             Law
             ;
             for
             the
             Law
             is
             ,
             If
             the
             King
             pleases
             to
             try
             a
             Peer
             in
             Parliament
             ,
             then
             the
             Record
             may
             be
             brought
             into
             the
             House
             ,
             and
             there
             they
             proceed
             as
             in
             other
             Cases
             ,
             and
             all
             the
             Peers
             are
             Judges
             .
             Thus
             it
             is
             in
             the
             time
             of
             a
             Session
             of
             Parliament
             ;
             but
             if
             the
             Parliament
             be
             prorogued
             ,
             there
             are
             many
             instances
             (
             and
             indeed
             none
             to
             the
             contrary
             )
             that
             after
             a
             Prorogation
             ,
             the
             Proceedings
             are
             before
             the
             High
             Steward
             by
             Commission
             .
             And
             as
             to
             the
             other
             part
             of
             the
             Case
             ,
             I
             have
             this
             to
             say
             to
             it
             ,
             That
             there
             is
             nothing
             at
             all
             depending
             in
             the
             House
             of
             Lords
             that
             can
             oust
             this
             Court
             of
             the
             Jurisdiction
             ;
             for
             there
             was
             not
             so
             much
             as
             any
             Indictment
             returned
             there
             ,
             no
             ,
             nor
             so
             much
             as
             found
             during
             the
             Session
             of
             Parliament
             .
             All
             the
             agitation
             was
             only
             upon
             my
             Lords
             Petition
             ,
             and
             the
             King's
             Answer
             ;
             that
             he
             intended
             as
             speedy
             a
             Prosecution
             as
             could
             be
             :
             Besides
             ,
             my
             Lord
             ,
             your
             Grace
             sees
             it
             is
             a
             Plea
             in
             paper
             and
             in
             English
             ,
             without
             any
             Councels
             hand
             ,
             and
             therefore
             I
             hope
             your
             Grace
             does
             not
             expect
             that
             I
             should
             formally
             demur
             to
             a
             Plea
             in
             this
             form
             ,
             and
             that
             contains
             no
             more
             of
             Substance
             in
             it
             .
             But
             I
             must
             desire
             your
             Grace
             to
             over-rule
             it
             ,
             and
             that
             the
             Prisoner
             may
             plead
             in
             chief
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             humbly
             pray
             that
             I
             may
             have
             Councel
             ,
             assigned
             me
             ,
             to
             put
             my
             Plea
             into
             Form
             ,
             and
             to
             argue
             the
             matter
             of
             it
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             Delamere
             ,
             I
             am
             sure
             I
             ought
             and
             ever
             shall
             be
             as
             tender
             of
             the
             Priviledges
             of
             the
             Peers
             of
             England
             ,
             as
             any
             other
             Person
             whatsoever
             :
             For
             I
             am
             concerned
             ,
             as
             well
             in
             interest
             as
             inclination
             so
             to
             be
             ,
             having
             the
             honour
             to
             be
             one
             my self
             :
             But
             I
             know
             your
             Lordship
             will
             not
             think
             the
             Priviledge
             of
             the
             Peers
             is
             concerned
             in
             this
             matter
             ;
             nor
             will
             your
             Lordship
             ,
             I
             dare
             say
             ,
             insist
             upon
             matters
             that
             are
             purely
             dilatory
             ,
             if
             your
             Lordship
             be
             satisfied
             that
             
             they
             are
             so
             :
             And
             therefore
             give
             me
             leave
             ,
             my
             Lord
             ,
             to
             mind
             you
             of
             a
             few
             things
             ,
             whereby
             your
             Lordship
             will
             easily
             see
             .
             That
             the
             chief
             things
             on
             which
             you
             insist
             are
             grounded
             upon
             mistakes
             :
             First
             ,
             You
             say
             ,
             The
             House
             of
             Peers
             was
             possessed
             of
             the
             Cause
             ;
             which
             could
             not
             be
             ,
             and
             I
             will
             tell
             you
             why
             :
             Because
             there
             was
             no
             Indictment
             ever
             removed
             thither
             ,
             or
             lodged
             there
             .
             Which
             plainly
             proves
             that
             the
             Lords
             were
             never
             possessed
             of
             the
             Cause
             .
             Nor
             indeed
             was
             the
             Bill
             found
             upon
             which
             you
             are
             now
             arraigned
             till
             after
             the
             Prorogation
             of
             the
             Parliament
             .
             So
             that
             they
             could
             never
             come
             to
             be
             possessed
             of
             this
             matter
             .
             These
             are
             mistakes
             in
             Point
             of
             Fact
             ,
             and
             your
             Lordship
             cannot
             but
             well
             know
             them
             to
             be
             so
             .
          
           
             And
             there
             is
             as
             great
             a
             mistake
             in
             the
             Law
             ,
             That
             during
             the
             continuance
             of
             a
             Parliament
             (
             though
             it
             were
             prorogued
             ,
             yet
             if
             not
             dissolved
             )
             a
             Peer
             cannot
             be
             tryed
             but
             by
             the
             House
             of
             Lords
             .
             This
             certainly
             is
             a
             very
             strange
             Doctrine
             ,
             and
             is
             not
             only
             against
             the
             reason
             and
             methods
             of
             Law
             ,
             but
             contrary
             even
             to
             your
             Lordships
             own
             experience
             .
             For
             your
             Lordship
             cannot
             but
             very
             well
             remember
             ,
             that
             during
             the
             continuance
             of
             the
             Parliament
             ,
             after
             a
             Prorogation
             ,
             the
             Lord
             Cornwallis
             was
             tryed
             before
             the
             High
             Steward
             ,
             and
             such
             a
             number
             of
             Peers
             as
             were
             then
             summoned
             ,
             upon
             such
             a
             Commission
             as
             I
             now
             sit
             here
             by
             .
             But
             indeed
             during
             the
             Sitting
             of
             the
             Parliament
             ,
             then
             all
             the
             Peers
             are
             both
             Tryers
             and
             Judges
             ,
             as
             was
             in
             the
             Cases
             of
             my
             Lord
             Stafford
             ,
             and
             my
             Lord
             of
             Pembroke
             ;
             they
             being
             a
             Court
             of
             Judicature
             ,
             then
             actually
             sitting
             ;
             and
             therefore
             this
             Plea
             is
             grounded
             as
             upon
             mistake
             in
             Fact
             ,
             so
             ,
             upon
             a
             mistake
             in
             point
             of
             Law.
             So
             that
             though
             ,
             as
             I
             said
             at
             first
             ,
             it
             is
             both
             my
             duty
             and
             interest
             to
             preserve
             the
             priviledges
             of
             the
             Peers
             ,
             yet
             I
             must
             take
             care
             that
             no
             injury
             be
             done
             to
             the
             Law
             ;
             and
             truly
             I
             take
             this
             Plea
             to
             be
             altogether
             dilatory
             ,
             and
             I
             suppose
             your
             Lordship
             is
             satisfied
             of
             it
             ,
             and
             will
             not
             insist
             upon
             it
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             If
             your
             Grace
             please
             ,
             It
             was
             alledged
             and
             agreed
             in
             the
             Case
             of
             my
             Lord
             of
             Bristol
             ,
             that
             the
             Cause
             of
             a
             Peer
             in
             time
             of
             Parliament
             properly
             belong'd
             only
             to
             the
             House
             of
             Lords
             ;
             And
             that
             which
             possessed
             the
             House
             of
             Lords
             of
             his
             Case
             ,
             was
             ,
             as
             I
             apprehend
             ,
             no
             more
             than
             is
             in
             my
             Case
             ,
             a
             petition
             upon
             the
             account
             of
             being
             absent
             ;
             and
             there
             the
             Lords
             claim
             the
             cognizance
             of
             the
             whole
             Cause
             ,
             and
             nothing
             was
             done
             but
             in
             the
             House
             of
             Lords
             .
             And
             as
             to
             the
             Instances
             your
             Grace
             has
             mentioned
             of
             my
             Lord
             Cornwallis
             ,
             (
             and
             there
             was
             another
             of
             them
             ,
             my
             Lord
             Morley
             )
             this
             Question
             was
             never
             under
             Debate
             in
             those
             Cases
             ;
             therefore
             I
             suppose
             they
             cannot
             be
             admitted
             as
             Precedents
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             But
             ,
             my
             Lord
             ,
             it
             would
             have
             been
             an
             Errour
             in
             the
             whole
             Proceedings
             ,
             if
             this
             Court
             had
             not
             Jurisdiction
             :
             And
             sure
             the
             Judges
             ,
             who
             are
             always
             called
             to
             assist
             in
             such
             Cases
             ;
             and
             who
             ,
             in
             matters
             of
             life
             ,
             even
             in
             the
             Cases
             of
             common
             persons
             ,
             are
             so
             tender
             and
             careful
             ,
             that
             there
             be
             no
             irregularity
             in
             the
             Proceedings
             ,
             would
             not
             have
             let
             things
             pass
             in
             that
             manner
             ,
             had
             they
             been
             erroneous
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             think
             no
             other
             Precedents
             are
             produced
             but
             those
             two
             ,
             and
             there
             the
             Question
             was
             never
             debated
             .
          
        
         
           
           
             L.
             H.
             Steward
             .
          
           
             I
             only
             put
             you
             in
             mind
             of
             those
             that
             were
             lately
             within
             memory
             ;
             but
             no
             question
             of
             it
             there
             are
             a
             great
             many
             more
             Instances
             to
             be
             given
             .
          
        
         
           
             Mr.
             Attor
             .
             Gen.
             
          
           
             I
             pray
             your
             Grace's
             Judgment
             to
             over-rule
             the
             Plea
             ,
             and
             that
             my
             Lord
             may
             plead
             in
             chief
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             hope
             your
             Grace
             will
             be
             pleased
             to
             assign
             me
             Councel
             to
             put
             my
             Plea
             in
             Form
             ;
             and
             that
             I
             may
             have
             time
             for
             it
             ,
             that
             they
             may
             be
             heard
             to
             make
             a
             solemn
             Argument
             in
             Law.
             
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             ,
             if
             you
             insist
             upon
             it
             ,
             and
             think
             it
             worth
             the
             while
             to
             have
             Councel
             heard
             ,
             we
             will
             hear
             them
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             submit
             it
             to
             your
             Grace
             ,
             I
             only
             offer
             it
             that
             I
             may
             not
             be
             wanting
             to
             the
             support
             of
             the
             Peers
             Priviledges
             ;
             I
             assure
             your
             Grace
             ,
             I
             speak
             not
             to
             put
             off
             the
             Cause
             ,
             for
             I
             am
             willing
             to
             come
             to
             my
             Tryal
             ,
             and
             I
             have
             reason
             so
             to
             be
             ,
             for
             I
             question
             not
             but
             to
             make
             my
             innocence
             appear
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             ,
             I
             tell
             you
             what
             my
             opinion
             of
             the
             Plea
             is
             ,
             but
             if
             you
             insist
             upon
             it
             to
             have
             your
             Councel
             heard
             ,
             I
             will
             hear
             them
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             have
             no
             Councel
             here
             ,
             if
             your
             Grace
             please
             to
             give
             me
             time
             to
             send
             for
             them
             ,
             and
             that
             they
             may
             prepare
             to
             argue
             it
             .
          
        
         
           
             Mr.
             Attor
             .
             Gen.
             
          
           
             No
             ,
             my
             Lord
             ,
             If
             your
             Grace
             will
             hear
             Councel
             ,
             I
             for
             the
             King
             must
             pray
             that
             it
             may
             be
             done
             presently
             ;
             for
             a
             Plea
             to
             the
             Jurisdiction
             is
             never
             favoured
             ,
             nor
             is
             the
             party
             to
             be
             allowed
             time
             to
             maintain
             it
             ,
             but
             he
             must
             be
             ready
             at
             the
             time
             it
             is
             offered
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Pray
             ,
             My
             Lord
             ,
             how
             was
             it
             done
             in
             the
             Case
             of
             Fitz-Harris
             ,
             his
             Plea
             was
             a
             Plea
             to
             the
             Jurisdiction
             ,
             and
             he
             had
             four
             days
             allowed
             him
             to
             put
             his
             Plea
             in
             form
             ,
             and
             to
             instruct
             his
             Councel
             .
          
        
         
           
             L.
             H.
             Steward
             ,
          
           
             I
             am
             not
             able
             at
             present
             to
             remember
             what
             was
             done
             in
             such
             or
             such
             a
             particular
             Case
             :
             But
             according
             to
             the
             general
             method
             and
             course
             of
             Law
             ,
             the
             Plea
             to
             the
             Jurisdiction
             is
             not
             favoured
             ,
             nor
             time
             allowed
             to
             it
             ,
             but
             the
             party
             must
             be
             ready
             to
             maintain
             it
             presently
             .
          
        
         
           
             Mr.
             Attorn
             .
             Gen.
             
          
           
             But
             ,
             with
             Submission
             ,
             my
             Lord
             ,
             That
             Case
             of
             
               Fitz
               Harris
            
             is
             nothing
             to
             this
             Noble
             Lord's
             Case
             neither
             :
             There
             was
             a
             formal
             Plea
             put
             in
             in
             Writing
             ,
             and
             drawn
             up
             in
             Latine
             ,
             and
             a
             formal
             Demurrer
             joined
             ;
             and
             thereupon
             I
             did
             take
             time
             to
             speak
             to
             it
             .
             But
             ,
             with
             your
             Grace's
             favour
             ,
             by
             the
             Law
             ,
             the
             Prisoner
             must
             be
             always
             ready
             to
             make
             good
             his
             Plea
             ,
             if
             he
             will
             oust
             the
             Court
             of
             their
             Jurisdiction
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Mr.
             Attorney
             ,
             If
             my
             Lord
             Delamere
             does
             insist
             upon
             having
             his
             Councel
             heard
             ,
             it
             is
             not
             fit
             for
             me
             to
             refuse
             hearing
             what
             they
             can
             say
             .
          
        
         
           
             Mr.
             Attor
             .
             Gen.
             
          
           
             But
             that
             must
             be
             presently
             then
             ,
             My
             Lord.
             
          
        
         
           
             L.
             Delamere
             .
          
           
             It
             is
             my
             Duty
             ,
             my
             Lord
             ,
             to
             submit
             to
             what
             your
             Grace
             and
             my
             noble
             Lords
             shall
             determine
             :
             I
             would
             insist
             upon
             nothing
             that
             should
             offend
             your
             Grace
             or
             them
             .
          
        
         
           
           
             Mr.
             Att.
             Gen.
             
          
           
             If
             your
             Grace
             pleases
             ,
             You
             are
             the
             only
             Judge
             in
             this
             Case
             in
             Matters
             of
             Law
             :
             For
             these
             Noble
             Lords
             ,
             the
             Peers
             ,
             are
             only
             Tryers
             of
             the
             Fact.
             Therefore
             ,
             I
             appeal
             to
             your
             Grace's
             Judgment
             ,
             and
             pray
             for
             the
             King
             ,
             that
             this
             Plea
             may
             be
             over-ruled
             ;
             it
             being
             vitious
             ,
             and
             naught
             ,
             both
             in
             Form
             and
             Substance
             .
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             My
             Lord
             Delamere
             ,
             I
             must
             acquaint
             you
             ,
             That
             ,
             according
             to
             the
             Constitution
             of
             this
             Court
             ,
             Matters
             of
             Law
             are
             determined
             by
             Me
             ,
             as
             the
             sole
             Judge
             ,
             while
             I
             have
             the
             Honour
             to
             act
             under
             this
             Commission
             :
             But
             if
             your
             Lordship
             insist
             upon
             it
             ,
             to
             have
             your
             Councel
             heard
             ,
             God
             forbid
             that
             I
             should
             deny
             it
             You.
             I
             will
             hear
             what
             your
             Councel
             will
             say
             :
             and
             afterwards
             I
             will
             ,
             according
             to
             the
             best
             of
             my
             Understanding
             ,
             deliver
             my
             Judgment
             .
          
        
         
           
             Lord
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             have
             never
             had
             any
             Councel
             assigned
             me
             .
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             My
             Lord
             ,
             If
             You
             have
             any
             Councel
             ready
             ,
             we
             will
             Hear
             them
             .
          
        
         
           
             Lord
             Delamere
             .
          
           
             If
             your
             Grace
             please
             to
             assign
             me
             Councel
             ,
             and
             give
             me
             Time
             to
             send
             for
             them
             ,
             and
             them
             Time
             to
             prepare
             .
             I
             will
             obey
             your
             Grace's
             Directions
             ;
             but
             I
             could
             have
             none
             here
             ready
             ,
             because
             none
             were
             assigned
             me
             .
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             My
             Lord
             ,
             You
             cannot
             ,
             by
             the
             Course
             of
             Law
             ,
             have
             Councel
             allowed
             You
             in
             the
             Case
             of
             a
             Capital
             Crime
             ,
             till
             such
             time
             as
             the
             Court
             ,
             where
             You
             are
             called
             to
             Answer
             ,
             is
             apprized
             ,
             that
             there
             is
             some
             Matter
             of
             Law
             in
             your
             Case
             ,
             that
             may
             need
             Councel
             to
             be
             heard
             ,
             to
             Inform
             their
             Judgment
             ,
             and
             which
             they
             may
             think
             convenient
             to
             hear
             Councel
             to
             :
             For
             if
             in
             case
             any
             Prisoner
             at
             the
             Barr
             shall
             before-hand
             be
             allowed
             to
             have
             Councel
             to
             start
             frivolous
             Objections
             ,
             such
             as
             this
             (
             and
             we
             all
             know
             ,
             that
             there
             are
             some
             who
             will
             be
             easily
             prevailed
             with
             ,
             to
             endeavour
             to
             pick
             Holes
             where
             there
             are
             none
             )
             and
             to
             offer
             Matters
             foreign
             from
             the
             things
             whereof
             the
             Party
             stands
             accused
             ;
             and
             upon
             the
             Prisoner's
             bare
             Request
             ,
             Councel
             must
             be
             heard
             to
             every
             trivial
             Point
             ,
             the
             Courts
             of
             Law
             would
             never
             be
             at
             an
             end
             in
             any
             Tryal
             ;
             but
             some
             dilatory
             Matter
             or
             other
             ,
             would
             be
             found
             to
             retard
             the
             Proceedings
             :
             But
             it
             does
             not
             consist
             with
             the
             Grandeur
             of
             the
             Court
             ,
             nor
             your
             Lordship's
             Interest
             ,
             to
             let
             such
             a
             frivolous
             Plea
             interrupt
             your
             Lordship's
             Tryal
             .
             However
             ,
             if
             your
             Lordship
             has
             Councel
             ready
             ,
             I
             will
             not
             refuse
             to
             hear
             them
             .
          
        
         
           
             Lord
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             hope
             ,
             the
             Priviledge
             of
             the
             Peers
             of
             England
             ,
             is
             not
             frivolous
             .
             I
             assure
             your
             Grace
             ,
             I
             do
             not
             offer
             this
             Matter
             ,
             as
             if
             I
             thought
             it
             more
             conducing
             to
             my
             Interest
             ,
             than
             my
             Tryal
             now
             .
             No
             ,
             my
             Lord
             ,
             it
             is
             not
             for
             my self
             ,
             but
             for
             the
             whole
             Body
             of
             Peers
             ,
             of
             which
             I
             have
             the
             Honour
             to
             be
             a
             Member
             :
             And
             if
             my
             Lords
             ,
             here
             ,
             are
             satisfied
             it
             is
             
             not
             the
             Right
             and
             Priviledge
             of
             the
             Peers
             ,
             I
             acquiesce
             .
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             Pray
             ,
             good
             my
             Lord
             ,
             do
             not
             think
             that
             I
             should
             say
             any
             such
             thing
             ,
             that
             the
             Priviledge
             of
             the
             Peers
             is
             frivolous
             ;
             for
             you
             do
             not
             hear
             me
             say
             ,
             That
             this
             is
             one
             of
             their
             Priviledges
             .
             As
             I
             would
             not
             willingly
             mistake
             You
             ;
             so
             I
             desire
             your
             Lordship
             would
             not
             misapprehend
             or
             misrepresent
             Me.
             I
             spoke
             not
             at
             all
             of
             the
             
             Peer's
             Priviledge
             ,
             but
             of
             your
             Plea
             :
             I
             tell
             your
             Lordship
             ,
             I
             think
             your
             Plea
             is
             not
             a
             good
             Plea
             ,
             to
             Oust
             this
             Court
             of
             the
             Jurisdiction
             of
             your
             Cause
             .
             But
             if
             your
             Lordship
             have
             a
             mind
             to
             have
             your
             Councel
             heard
             to
             it
             ,
             in
             
             God's
             Name
             ,
             let
             them
             come
             ;
             they
             shall
             be
             heard
             :
             And
             when
             that
             is
             done
             ,
             to
             satisfie
             you
             the
             more
             ,
             I
             will
             advise
             with
             my
             Lords
             the
             Judges
             ,
             that
             are
             there
             to
             assist
             ,
             what
             they
             take
             to
             be
             the
             Law
             in
             the
             Case
             ;
             and
             ,
             upon
             the
             Whole
             ,
             I
             will
             deliver
             my
             Judgment
             as
             well
             as
             I
             can
             .
          
        
         
           
             Lord
             Delamere
             .
          
           
             I
             hope
             ,
             your
             Grace
             will
             be
             pleas'd
             to
             advise
             with
             my
             Lords
             ,
             the
             Peers
             ,
             here
             present
             ;
             it
             being
             upon
             a
             Point
             of
             Priviledge
             .
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             Good
             my
             Lord
             ,
             I
             hope
             You
             that
             are
             a
             Prisoner
             at
             the
             Barr
             ,
             are
             not
             to
             give
             Me
             direction
             ,
             who
             I
             should
             advise
             with
             ,
             or
             how
             I
             should
             demean
             my self
             here
             .
          
        
         
           
             Lord
             Delamere
             .
          
           
             I
             beg
             your
             Grace's
             Pardon
             ;
             I
             did
             not
             intend
             to
             give
             your
             Grace
             any
             Direction
             .
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             My
             Lord
             ,
             I
             shall
             take
             care
             to
             perform
             that
             Duty
             that
             is
             incumbent
             upon
             me
             ,
             and
             that
             with
             all
             Tenderness
             to
             your
             Lordship
             :
             And
             ,
             I
             assure
             your
             Lordship
             ,
             I
             will
             have
             as
             much
             care
             that
             I
             do
             not
             injure
             You
             ,
             as
             I
             will
             that
             I
             do
             not
             wrong
             my
             own
             Conscience
             ;
             and
             I
             will
             endeavour
             to
             discharge
             my
             Duty
             to
             both
             ,
             with
             the
             utmost
             Fidelity
             .
          
        
         
           
             Lord
             Delamere
             .
          
           
             I
             humbly
             thank
             your
             Grace
             ;
             I
             question
             it
             not
             :
             But
             if
             your
             Grace
             please
             —
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             My
             Lord
             ,
             You
             must
             pardon
             Me
             ;
             I
             can
             enter
             into
             no
             further
             Interlocutions
             with
             your
             Lordship
             .
             If
             your
             Lordship
             have
             any
             mind
             to
             have
             any
             Councel
             heard
             ,
             and
             your
             Councel
             be
             ready
             ,
             we
             will
             hear
             them
             .
          
        
         
           
             Lord
             Delamere
             .
          
           
             If
             your
             Grace
             require
             of
             Me
             to
             produce
             Councel
             presently
             ,
             and
             they
             to
             argue
             it
             immediately
             ,
             I
             must
             acquaint
             your
             Grace
             ,
             I
             cannot
             do
             it
             :
             For
             I
             have
             none
             here
             .
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             My
             Lord
             ,
             I
             cannot
             tell
             how
             to
             help
             it
             ;
             the
             Plea
             must
             then
             be
             over-ruled
             and
             rejected
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             .
          
           
             Henry
             ,
             Baron
             of
             Delamere
             ,
             Art
             thou
             Guilty
             of
             the
             High-Treason
             whereof
             thou
             standest
             Indicted
             ,
             and
             hast
             been
             now
             Arraign'd
             ,
             or
             Not
             Guilty
             ?
          
        
         
           
             Lord
             Delamere
             .
          
           
             Not
             Guilty
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             .
          
           
             Culprit
             ,
             How
             wilt
             thou
             be
             Tryed
             ?
          
        
         
           
             Lord
             Delamere
             .
          
           
             By
             God
             ,
             and
             my
             Peers
             .
          
        
         
           
           
             Clerk
             of
             the
             Crown
             .
          
           
             God
             send
             thee
             good
             Deliverance
             .
             
               Sergeant
               at
               Arms
            
             ,
             Make
             Proclamation
             .
          
        
         
           
             Sergeant
             at
             Law.
             
          
           
             O
             Yes
             .
             If
             any
             one
             will
             give
             Evidence
             on
             behalf
             of
             our
             Soveraign
             Lord
             the
             King
             ,
             against
             Henry
             ,
             Baron
             of
             Delamere
             ,
             the
             Prisoner
             at
             the
             Barr
             ,
             concerning
             the
             High-Treason
             whereof
             he
             stands
             Indicted
             ,
             let
             them
             come
             forth
             ,
             and
             they
             shall
             be
             Heard
             ;
             for
             now
             he
             stands
             at
             the
             Barr
             ,
             upon
             his
             Deliverance
             .
          
        
         
           
             Then
             his
             Grace
             gave
             the
             Charge
             to
             the
             Peers
             Tryers
             in
             this
             manner
          
           :
        
         
           
             Lord
             H.
             Steward
             .
          
           
             My
             Lords
             ,
             I
             know
             You
             cannot
             but
             well
             remember
             ,
             what
             unjust
             and
             insolent
             Attempts
             were
             made
             upon
             the
             rightful
             and
             unalterable
             Succession
             to
             the
             Imperial
             Crown
             of
             these
             Realms
             ,
             under
             the
             pretence
             of
             That
             ,
             which
             has
             been
             so
             often
             found
             to
             be
             the
             Occasion
             of
             Rebellion
             ;
             I
             mean
             ,
             the
             specious
             Pretence
             of
             Religion
             ,
             by
             the
             fierce
             ,
             froward
             ,
             and
             Phanatical
             Zeal
             of
             some
             Members
             of
             the
             
               House
               of
               Commons
            
             ,
             in
             the
             last
             Parliaments
             under
             the
             late
             King
             ,
             CHARLES
             the
             Scond
             ,
             of
             ever
             Blessed
             Memory
             .
          
           
             Which
             ,
             by
             the
             wonderful
             Providence
             of
             Almighty
             God
             ,
             not
             prevailing
             ,
             the
             Chief
             Contrivers
             of
             that
             horrid
             Villany
             ,
             consulted
             together
             how
             to
             gain
             that
             Advantage
             upon
             the
             Monarchy
             by
             open
             Force
             ,
             which
             they
             could
             not
             obtain
             by
             a
             pretended
             Course
             of
             Law.
             
          
           
             And
             in
             order
             thereto
             ,
             it
             is
             but
             too
             well
             known
             ,
             how
             they
             had
             several
             Treasonable
             Meetings
             ,
             made
             bold
             and
             riotous
             Progresses
             into
             several
             Parts
             of
             the
             King's
             Dominions
             ,
             thereby
             endeavouring
             to
             debauch
             the
             Minds
             of
             the
             well-meaning
             ,
             though
             unwary
             and
             ignorant
             ,
             Part
             of
             the
             King's
             Subjects
             .
          
           
             But
             these
             their
             evil
             Purposes
             ,
             it
             pleased
             God
             also
             to
             frustrate
             ,
             by
             bringing
             to
             Light
             that
             cursed
             Conspiracy
             against
             the
             Life
             of
             His
             Sacred
             Majesty
             ,
             King
             CHARLES
             the
             Second
             ;
             as
             also
             ,
             against
             That
             of
             our
             dread
             Soveraign
             ,
             that
             now
             is
             ,
             whom
             God
             long
             preserve
             .
          
           
             These
             Hellish
             and
             damnable
             Plots
             ,
             one
             would
             have
             thought
             ,
             could
             not
             have
             survived
             the
             just
             Condemnation
             and
             Execution
             of
             some
             of
             the
             chief
             Contrivers
             of
             them
             ;
             especially
             considering
             ,
             that
             after
             it
             had
             pleased
             Almighty
             God
             ,
             to
             take
             to
             Himself
             our
             late
             Merciful
             and
             dread
             Soveraign
             ,
             no
             sooner
             was
             His
             Sacred
             Majesty
             ,
             that
             now
             is
             ,
             Seated
             in
             the
             Royal
             Throne
             of
             His
             Ancestors
             ;
             but
             He
             made
             it
             His
             utmost
             Endeavours
             ,
             not
             only
             to
             convince
             the
             World
             ,
             that
             He
             had
             quite
             forgot
             those
             impudent
             and
             abominable
             Indignities
             that
             had
             been
             put
             upon
             Him
             ,
             
             only
             for
             being
             the
             best
             of
             Subjects
             ,
             and
             the
             best
             of
             Brothers
             :
             but
             did
             also
             give
             forth
             the
             most
             Benign
             Assurances
             imaginable
             to
             all
             his
             loving
             People
             ,
             that
             He
             would
             approve
             Himself
             to
             be
             the
             best
             of
             Kings
             .
          
           
             And
             further
             ,
             to
             evince
             the
             Reality
             of
             these
             His
             Gracious
             and
             Heroick
             Resolutions
             ,
             He
             immediately
             called
             a
             Parliament
             ;
             and
             therein
             repeated
             ,
             and
             solemnly
             Confirmed
             His
             former
             Royal
             Declarations
             of
             having
             a
             particular
             Care
             of
             maintaining
             our
             Establish't
             Laws
             and
             Religion
             :
             With
             which
             that
             Wise
             ,
             Great
             ,
             and
             Loyal
             Assembly
             ,
             were
             so
             fully
             and
             perfectly
             satisfied
             ,
             that
             they
             thought
             they
             could
             not
             make
             sufficient
             Returns
             of
             Gratitude
             for
             such
             Gracious
             and
             Princely
             Condescentions
             .
          
           
             And
             yet
             ,
             my
             Lords
             ,
             while
             the
             King
             and
             the
             Parliament
             were
             thus
             ,
             as
             I
             may
             say
             ,
             endeavouring
             to
             out-do
             each
             other
             in
             Expressions
             of
             Kindness
             ,
             that
             wicked
             and
             unnatural
             Rebellion
             broke
             out
             ;
             and
             thereupon
             the
             Arch-Traytor
             ,
             Monmouth
             ,
             was
             ,
             by
             a
             Bill
             brought
             into
             the
             Lower-House
             ,
             and
             Pass'd
             by
             the
             general
             Consent
             of
             
               Both
               Houses
            
             ,
             (
             and
             I
             could
             wish
             ,
             my
             Lords
             ,
             for
             the
             sake
             of
             that
             
               Noble
               Lord
            
             at
             the
             Barr
             ,
             that
             I
             could
             say
             ,
             It
             had
             Pass'd
             with
             the
             Consent
             of
             every
             particular
             Member
             of
             each
             House
             )
             justly
             Attainted
             of
             High-Treason
             .
          
           
             My
             Lords
             ,
             What
             share
             my
             Lord
             at
             the
             Barr
             had
             in
             those
             other
             Matters
             ,
             I
             must
             acquaint
             You
             ,
             is
             not
             within
             the
             Compass
             of
             this
             Indictment
             ,
             for
             which
             You
             are
             to
             Try
             him
             ,
             as
             his
             Peers
             :
             For
             That
             is
             for
             a
             Treason
             alledged
             to
             have
             been
             Committed
             by
             him
             ,
             in
             His
             Majesty's
             Reign
             that
             now
             is
             .
          
           
             Give
             me
             Leave
             ,
             my
             Lords
             ,
             to
             detain
             You
             but
             with
             a
             Word
             or
             two
             more
             on
             this
             Occasion
             ;
             and
             that
             is
             ,
             To
             let
             You
             know
             ,
             That
             as
             my
             Lord
             at
             the
             Barr
             may
             ,
             with
             great
             Safety
             and
             Security
             to
             himself
             ,
             rely
             upon
             your
             
             Lordship's
             Candor
             and
             Integrity
             ,
             that
             You
             will
             be
             tenderly
             careful
             ,
             and
             ready
             to
             acquit
             him
             of
             the
             Treason
             whereof
             he
             is
             accused
             ,
             if
             upon
             the
             Evidence
             that
             shall
             be
             given
             You
             ,
             You
             shall
             find
             him
             Innocent
             :
             So
             I
             must
             tell
             You
             ,
             The
             King
             has
             an
             entire
             Confidence
             in
             your
             Resolution
             ,
             Fidelity
             ,
             and
             good
             Affections
             to
             Him
             ,
             that
             You
             will
             not
             ,
             by
             reason
             of
             the
             Prisoner's
             Quality
             ,
             and
             nearness
             to
             You
             ,
             as
             being
             a
             Peer
             of
             this
             Realm
             ,
             acquit
             him
             if
             he
             shall
             appear
             to
             be
             Guilty
             .
          
           
             My
             Lords
             ,
             I
             have
             one
             thing
             further
             to
             mind
             your
             
             Lordship
             's
             of
             ,
             That
             ,
             according
             to
             the
             usual
             Forms
             of
             Proceedings
             in
             these
             Cases
             ,
             if
             your
             
             Lordship's
             have
             any
             Questions
             to
             propound
             ,
             wherein
             You
             would
             be
             satisfied
             as
             to
             any
             Matter
             either
             of
             Fact
             or
             Law
             ,
             your
             Lordships
             will
             be
             pleased
             to
             put
             those
             Questions
             to
             Me
             ,
             and
             I
             shall
             take
             care
             to
             give
             your
             Lordships
             the
             best
             Satisfaction
             I
             can
             .
          
        
         
           
             Lord
             Delamere
             .
          
           
             My
             
               Lord
               High
               Steward
            
             ,
             I
             beg
             the
             Favour
             of
             your
             Grace
             ,
             I
             may
             have
             One
             to
             write
             for
             me
             .
          
        
         
           
           
             Lord
             H.
             Steward
             .
          
           
             Ay
             ,
             by
             all
             means
             ;
             Let
             my
             Lord
             have
             whom
             he
             pleases
             to
             write
             for
             him
             .
          
        
         
           
             Then
             Sir
          
           Thomas
           Jenner
           ,
           
             One
             of
             His
             Majesty's
             Serjeants
             at
             Law
             ,
             and
             Recorder
             of
             the
             City
             of
          
           London
           ,
           
             opened
             the
             Indictment
             thus
          
           :
        
         
           
             Mr.
             Recorder
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             my
             
               Lord
               High
               Steward
            
             of
             England
             ,
             and
             You
             my
             
               Noble
               Lords
            
             ,
             the
             Peers
             of
             the
             Prisoner
             at
             the
             Barr
             :
             Henry
             ,
             Baron
             of
             Delamere
             ,
             the
             Prisoner
             at
             the
             Barr
             stands
             indicted
             for
             that
             
               He
               ,
               as
               a
               False
               Traytor
               against
               the
               most
               Illustrious
               and
               most
               Excellent
               Prince
               ,
               our-Soveraign
               Lord
               the
               King
               that
               now
               is
               ;
               not
               having
               the
               Fear
               of
               God
               in
               his
               Heart
               ,
               nor
               weighing
               the
               Duty
               of
               his
               Allegiance
               ▪
               the
               Fourteenth
               Day
               of
               April
               last
               ,
               at
               Meer
               ,
               in
               the
               County
               of
               Chester
               ,
               did
               maliciously
               Conspire
               ,
               with
               other
               False
               Traytors
               ,
               to
               the
               Jurors
               unknown
               ,
               the
               Death
               and
               Deposing
               of
               the
               King
               :
               And
               for
               the
               better
               ,
               and
               more
               effectual
               fulfilling
               of
               those
               his
               Treasons
               ,
               the
               said
               Fourteenth
               Day
               of
               April
               ,
               at
               Meer
               afore-said
               ,
               did
               Maliciously
               and
               Trayterously
               Assemble
               ,
               Consult
               ,
               and
               Agree
               with
               
                 Charles
                 Gerrard
              
               ,
               
                 Esq
              
               and
               other
               False
               Traytors
               ,
               to
               Raise
               great
               Summs
               of
               Money
               ,
               and
               procure
               Numbers
               of
               Armed
               Men
               ,
               to
               make
               a
               Rebellion
               against
               the
               King
               ,
               and
               the
               City
               and
               Castle
               of
               Chester
               to
               seize
               ,
               with
               the
               Magazines
               there
               :
               And
               that
               afterwards
               ,
               the
               Twenty-Seventh
               Day
               of
               May
               last
               ,
               he
               took
               a
               Journey
               from
               London
               to
               Meer
               aforesaid
               ,
               to
               accomplish
               his
               Treasonable
               Intentions
               .
               And
               further
               ,
               That
               upon
               the
               Fourth
               Day
               of
               June
               ,
               in
               further
               Prosecution
               of
               his
               Trayterous
               Purposes
               at
               Meer
               aforesaid
               ,
               he
               did
               encite
               divers
               Subjects
               of
               our
               Lord
               the
               King
               ,
               to
               joyn
               with
               him
               ,
               and
               other
               false
               Traytors
               ,
               in
               his
               Treason
               :
            
             And
             this
             is
             laid
             to
             be
             against
             the
             Duty
             of
             his
             Allegiance
             ,
             against
             the
             Peace
             of
             our
             Soveraign
             Lord
             the
             King
             ,
             his
             Crown
             and
             Dignity
             ,
             and
             against
             the
             Form
             of
             the
             Statute
             in
             that
             Case
             made
             and
             provided
             .
             To
             this
             Indictment
             ,
             may
             it
             please
             your
             Grace
             ,
             and
             the
             rest
             of
             these
             
               Noble
               Lords
            
             ,
             my
             Lord
             Delamere
             ,
             the
             Prisoner
             at
             the
             Barr
             ,
             has
             Pleaded
             
               Not
               Guilty
            
             ;
             and
             for
             his
             Tryal
             ,
             has
             put
             himself
             upon
             his
             Peers
             .
             We
             shall
             therefore
             call
             our
             Witnesses
             for
             the
             King
             ;
             and
             if
             We
             prove
             him
             Guilty
             ,
             We
             do
             not
             question
             ,
             but
             your
             Lordships
             will
             find
             him
             so
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             May
             it
             please
             your
             Grace
             ,
             my
             
               Lord
               High
               Steward
            
             of
             England
             ,
             and
             You
             my
             Noble
             Lords
             ,
             the
             Peers
             :
             My
             Lord
             Delamere
             ,
             the
             Prisoner
             at
             the
             Barr
             ,
             stands
             Indicted
             for
             Conspiring
             the
             Death
             of
             His
             Majesty
             ,
             and
             in
             order
             thereunto
             to
             Raise
             a
             Rebellion
             in
             the
             Kingdom
             .
          
           
           
             My
             Lords
             ,
             In
             proving
             this
             Charge
             upon
             him
             ,
             we
             crave
             Leave
             to
             give
             your
             Grace
             ,
             and
             your
             Lordships
             ,
             some
             short
             Account
             by
             Witnesses
             ,
             that
             we
             have
             here
             ,
             of
             a
             former
             Design
             that
             was
             previous
             to
             this
             Matter
             ,
             for
             which
             this
             
               Noble
               Lord
            
             stands
             here
             accused
             :
             And
             We
             shall
             not
             trouble
             your
             Grace
             ,
             and
             your
             Lordships
             ,
             with
             any
             long
             Evidence
             ,
             because
             it
             has
             received
             many
             solemn
             and
             repeated
             Tryals
             ;
             and
             ,
             as
             to
             the
             Proof
             of
             it
             ,
             has
             been
             Confirmed
             by
             as
             many
             Verdicts
             .
             But
             We
             do
             it
             rather
             ,
             to
             give
             some
             Account
             as
             an
             Introduction
             to
             a
             Material
             Evidence
             ,
             by
             shewing
             ,
             That
             Cheshire
             ,
             which
             was
             the
             Province
             of
             this
             
               Noble
               Lord
            
             ,
             was
             One
             of
             the
             Stages
             ,
             where
             that
             Rebellion
             was
             principally
             to
             be
             acted
             ;
             and
             that
             ,
             preparatory
             to
             it
             ,
             great
             Riotous
             Assemblies
             ,
             and
             Tumultuous
             Gatherings
             of
             the
             People
             ,
             were
             set
             on
             foot
             by
             the
             Conspirators
             .
          
           
             We
             shall
             then
             shew
             ,
             my
             Lords
             ,
             That
             after
             the
             late
             
               Duke
               of
               Monmouth
            
             ,
             (
             the
             Head
             of
             the
             Conspiracy
             )
             went
             beyond
             Sea
             ,
             (
             especially
             after
             the
             Death
             of
             the
             late
             King
             )
             frequent
             Messages
             ,
             and
             Intercourse
             of
             Correspondency
             ,
             were
             sent
             and
             held
             between
             him
             ,
             and
             the
             rest
             of
             his
             Accomplices
             abroad
             ,
             and
             their
             Fellow
             -
             Conspirators
             here
             at
             home
             .
          
           
             And
             particularly
             ,
             We
             shall
             prove
             ,
             That
             a
             little
             before
             the
             Rebels
             came
             over
             last
             Summer
             ,
             into
             the
             West
             ,
             the
             
               Duke
               of
               Monmouth
            
             did
             dispatch
             one
             Jones
             (
             who
             was
             one
             of
             the
             most
             considerable
             Agents
             in
             this
             Contrivance
             )
             to
             come
             from
             Holland
             into
             England
             ,
             to
             let
             his
             Friends
             know
             ,
             that
             though
             he
             had
             intended
             to
             go
             into
             Scotland
             ,
             and
             begin
             his
             Work
             there
             ;
             yet
             now
             his
             Resolutions
             were
             for
             England
             ;
             where
             ,
             he
             hoped
             ,
             his
             Friends
             would
             be
             prepared
             for
             him
             .
             And
             with
             this
             Message
             ,
             and
             Resolution
             of
             his
             ,
             Jones
             was
             to
             acquaint
             some
             Lords
             ,
             (
             who
             they
             were
             ,
             the
             Witness
             will
             tell
             your
             Lordships
             ;
             but
             )
             among
             others
             ,
             this
             
               Noble
               Lord
            
             ,
             the
             Prisoner
             ,
             was
             one
             :
             And
             to
             acquaint
             them
             besides
             ,
             That
             he
             would
             immediately
             set
             sayl
             for
             England
             ,
             whither
             he
             would
             come
             so
             soon
             as
             he
             could
             get
             .
             That
             he
             had
             a
             Design
             to
             have
             Landed
             in
             Cheshire
             ,
             where
             he
             expected
             to
             be
             most
             readily
             receiv'd
             ;
             but
             finding
             That
             inconvenient
             ,
             they
             should
             have
             notice
             Four
             or
             Five
             Days
             before-hand
             ,
             of
             the
             Place
             of
             his
             Landing
             ;
             which
             ,
             he
             intended
             ,
             should
             be
             in
             the
             West
             .
             And
             among
             the
             Directions
             that
             Jones
             had
             to
             give
             to
             those
             Lords
             ,
             one
             was
             ,
             That
             they
             should
             immediately
             repair
             into
             Cheshire
             ,
             there
             to
             wait
             for
             the
             News
             .
          
           
             These
             Instructions
             Jones
             had
             given
             him
             in
             Writing
             ;
             but
             Sealed
             up
             with
             an
             Injunction
             ,
             not
             to
             open
             them
             till
             he
             came
             to
             Sea
             ;
             and
             then
             he
             was
             to
             peruse
             that
             Writing
             ,
             and
             deliver
             his
             Message
             according
             to
             his
             Instructions
             :
             And
             in
             that
             Writing
             was
             
             the
             Name
             of
             this
             
               Noble
               Lord
            
             ,
             as
             one
             that
             was
             principally
             relyed
             on
             ,
             to
             carry
             on
             the
             Rebellion
             in
             Cheshire
             .
             And
             We
             shall
             give
             You
             an
             Account
             ,
             That
             the
             late
             
               Duke
               of
               Monmouth
            
             did
             look
             upon
             Cheshire
             ,
             as
             one
             of
             his
             main
             Supports
             ;
             and
             upon
             my
             Lord
             Delamere
             ,
             as
             a
             Principal
             Assistant
             There
             .
          
           
             My
             Lords
             ,
             This
             Message
             was
             Jones
             to
             communicate
             to
             Captain
             Mathews
             ,
             and
             Captain
             Mathews
             was
             to
             transmit
             it
             to
             this
             
               Noble
               Lord
            
             ,
             and
             the
             other
             Persons
             that
             were
             concern'd
             with
             him
             .
             Jones
             arrived
             with
             this
             Message
             here
             in
             England
             ,
             upon
             the
             Twenty-Seventh
             of
             May
             ;
             [
             And
             I
             must
             beg
             your
             Lordships
             ,
             to
             observe
             the
             Time
             particularly
             :
             ]
             But
             Captain
             Mathews
             ,
             to
             whom
             he
             was
             directed
             ,
             was
             not
             to
             be
             found
             ;
             nor
             Major
             Wildman
             ,
             to
             whom
             ,
             in
             the
             Absence
             of
             Captain
             Mathews
             ,
             he
             was
             to
             apply
             himself
             ,
             as
             You
             will
             hear
             more
             fully
             from
             the
             Witness
             's
             own
             Mouth
             :
             Thereupon
             he
             sends
             for
             one
             Disney
             ,
             (
             a
             Name
             which
             your
             Lordships
             cannot
             but
             know
             ,
             he
             being
             since
             Executed
             for
             Treason
             )
             and
             one
             Brand
             ,
             whom
             your
             Lordships
             will
             likewise
             hear
             of
             ;
             and
             they
             meet
             with
             this
             same
             Jones
             ,
             who
             communicates
             his
             Message
             to
             them
             ,
             and
             they
             undertake
             to
             deliver
             it
             to
             the
             Persons
             concern'd
             ;
             Captain
             Mathews
             being
             out
             of
             Town
             ,
             and
             Major
             Wildman
             not
             to
             be
             found
             .
          
           
             That
             very
             Night
             ,
             my
             Lords
             ,
             this
             same
             Brand
             and
             Disney
             they
             meet
             this
             
               Noble
               Lord
            
             ,
             my
             Lord
             Delamere
             at
             the
             Coffee-House
             ,
             and
             give
             him
             an
             Account
             of
             the
             Messages
             :
             And
             as
             soon
             as
             ever
             he
             had
             received
             the
             Message
             ,
             upon
             that
             Twenty-Seventh
             of
             May
             ,
             at
             Ten
             of
             the
             Clock
             at
             Night
             ,
             does
             my
             Lord
             Delamere
             dispatch
             out
             of
             Town
             ,
             with
             only
             one
             Servant
             to
             attend
             him
             ,
             and
             Two
             other
             Friends
             that
             he
             had
             pick't
             up
             ,
             or
             appointed
             to
             meet
             him
             ,
             and
             go
             with
             him
             .
          
           
             With
             all
             these
             Badges
             of
             Plot
             and
             Design
             ,
             does
             my
             Lord
             Delamere
             set
             out
             that
             Night
             .
             It
             was
             the
             same
             Night
             that
             Jones
             came
             to
             Town
             :
             It
             was
             late
             at
             Night
             .
             He
             changed
             his
             Name
             ,
             and
             went
             by
             the
             Name
             of
             Brown.
             He
             chose
             to
             go
             all
             the
             By-roads
             ,
             and
             would
             not
             keep
             the
             High-common-road
             ;
             and
             went
             with
             great
             speed
             ,
             as
             We
             cannot
             but
             presume
             according
             to
             the
             Message
             delivered
             by
             Jones
             ,
             on
             purpose
             to
             repair
             into
             Cheshire
             .
          
           
             And
             if
             your
             Lordships
             please
             to
             observe
             ,
             You
             will
             find
             several
             remarkable
             Instances
             of
             Plot
             and
             Contrivance
             in
             the
             matter
             :
             First
             ,
             That
             a
             Nobleman
             ,
             and
             one
             of
             10
             considerable
             a
             Character
             in
             his
             Country
             ,
             as
             my
             Lord
             Delamere
             ,
             should
             make
             such
             haste
             out
             of
             Town
             with
             10
             small
             an
             Equipage
             ,
             as
             but
             one
             Servant
             ;
             Then
             ,
             That
             he
             should
             go
             so
             late
             at
             Night
             :
             Again
             ,
             That
             he
             should
             
             change
             his
             Name
             ;
             and
             That
             should
             prove
             to
             be
             a
             Name
             not
             casually
             taken
             up
             ,
             as
             the
             first
             Name
             he
             could
             think
             of
             next
             his
             own
             ;
             but
             a
             Name
             of
             distinction
             ,
             that
             he
             was
             known
             by
             among
             all
             his
             own
             Party
             :
             For
             all
             the
             Communications
             between
             the
             Confederates
             and
             Him
             ,
             were
             managed
             ,
             as
             to
             Him
             ,
             under
             the
             Name
             of
             Brown
             :
             By
             that
             Name
             ,
             several
             of
             the
             late
             Duke
             of
             
             Monmouth's
             Trayterous
             Declarations
             were
             sent
             for
             ;
             which
             were
             to
             be
             sent
             to
             him
             ,
             or
             by
             him
             ,
             into
             Cheshire
             :
             And
             that
             alone
             ,
             with
             Submission
             ,
             my
             Lords
             ,
             would
             be
             a
             shrewd
             Circumstance
             of
             Suspicion
             ,
             that
             a
             Noble
             Lord
             ,
             such
             an
             one
             as
             my
             Lord
             Delamere
             ,
             should
             assume
             the
             Name
             of
             a
             Commoner
             ,
             and
             post
             out
             of
             Town
             so
             ill
             accompanied
             in
             a
             Disguise
             at
             that
             time
             of
             Night
             ;
             especially
             the
             Parliament
             being
             then
             Sitting
             ,
             as
             really
             it
             was
             .
          
           
             But
             besides
             all
             this
             Circumstantial
             Evidence
             ,
             We
             shall
             prove
             ,
             by
             Positive
             Testimony
             ,
             what
             the
             hasty
             Business
             was
             ,
             that
             made
             my
             Lord
             undertake
             this
             Journey
             in
             this
             manner
             :
             For
             ,
             having
             notice
             of
             the
             
               Duke
               of
            
             Monmouth's
             Intention
             to
             Land
             speedily
             in
             England
             ,
             when
             he
             comes
             into
             Cheshire
             ,
             he
             actually
             sets
             about
             the
             Work
             to
             put
             that
             County
             in
             a
             forwardness
             to
             assist
             in
             the
             Rebellion
             ,
             endeavours
             to
             stir
             up
             the
             People
             to
             joyn
             with
             him
             ;
             and
             acquaints
             One
             that
             he
             imployed
             in
             that
             Affair
             ,
             with
             the
             whole
             Design
             ,
             that
             he
             was
             engaged
             to
             raise
             so
             many
             Thousand
             Men
             ,
             and
             so
             much
             Money
             ,
             to
             be
             ready
             by
             such
             a
             Day
             .
          
           
             Nor
             does
             my
             Lord
             rest
             here
             :
             But
             ,
             after
             the
             
               Duke
               of
               Monmouth
            
             was
             Landed
             in
             the
             West
             ,
             to
             corrupt
             the
             Minds
             of
             the
             People
             ,
             We
             shall
             prove
             what
             Discourses
             he
             had
             ,
             (
             and
             these
             will
             testifie
             his
             Inclinations
             to
             the
             Cause
             )
             concerning
             the
             great
             Victories
             he
             had
             obtained
             over
             the
             King's
             Forces
             ,
             and
             how
             he
             applauded
             his
             Conquests
             .
          
           
             My
             Lords
             ,
             We
             shall
             plainly
             shew
             You
             all
             this
             that
             I
             have
             opened
             in
             plain
             Proof
             ;
             And
             then
             ,
             We
             shall
             submit
             it
             to
             your
             Lordships
             Judgments
             ,
             Whether
             this
             
               Noble
               Peer
            
             be
             Not
             Guilty
             ,
             as
             he
             has
             Pleaded
             to
             his
             Indictment
             .
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             Call
             your
             Witnesses
             ,
             Mr.
             Attorney
             ;
             Who
             do
             You
             begin
             with
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             Howard
             of
             Escrick
             :
             We
             desire
             he
             may
             be
             first
             sworn
             .
          
        
         
           Which
           was
           done
           .
        
         
           
             Lord
             H.
             Steward
             .
          
           
             Well
             ,
             What
             do
             You
             ask
             my
             Lord
             Howard
             ?
          
        
         
           
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             ,
             I
             call
             You
             to
             give
             an
             Account
             what
             You
             know
             of
             a
             Design
             of
             an
             Insurrection
             that
             was
             to
             have
             been
             ;
             and
             in
             what
             Parts
             ;
             and
             what
             share
             Cheshire
             was
             to
             have
             had
             in
             it
             ,
             in
             the
             late
             King's
             Time.
             
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             You
             hear
             the
             Question
             ;
             What
             say
             You
             to
             it
             ,
             my
             Lord
             ?
          
        
         
           
             Lord
             Howard
             .
          
           
             My
             Lord
             ,
             I
             am
             to
             direct
             my self
             to
             speak
             to
             what
             was
             done
             in
             the
             late
             King's
             Time
             :
             For
             ,
             as
             to
             that
             
               Noble
               Lord
            
             at
             the
             Barr
             ,
             I
             have
             nothing
             to
             say
             against
             him
             .
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             My
             Lord
             Howard
             ,
             If
             I
             apprehend
             Mr.
             Attorney
             aright
             ,
             You
             are
             not
             called
             as
             a
             particular
             Witness
             against
             my
             Lord
             Delamere
             ;
             but
             only
             to
             give
             an
             Account
             ,
             what
             was
             agreed
             upon
             in
             any
             Consultations
             ,
             where
             You
             were
             present
             ,
             in
             the
             late
             KING's
             Time
             ,
             about
             a
             Conspiracy
             for
             an
             Insurrection
             ?
          
        
         
           
             Lord
             Howard
             .
          
           
             If
             so
             ,
             my
             Lord
             ,
             then
             I
             am
             called
             ,
             not
             to
             be
             an
             Evidence
             against
             my
             Lord
             Delamere
             ,
             but
             ,
             against
             my Self
             ;
             that
             is
             ,
             to
             repeat
             what
             I
             have
             often
             delivered
             at
             several
             Tryals
             ,
             in
             the
             Courts
             of
             Justice
             ;
             and
             which
             I
             must
             always
             repeat
             with
             Shame
             and
             Confusion
             for
             my
             Guilt
             ,
             as
             I
             cannot
             but
             always
             reflect
             upon
             it
             with
             Sorrow
             and
             Horror
             .
             But
             if
             it
             be
             for
             the
             Service
             of
             His
             Majesty
             ,
             and
             this
             Honourable
             Court
             ,
             for
             me
             so
             to
             do
             ,
             I
             shall
             endeavour
             to
             comply
             with
             it
             ,
             and
             repeat
             it
             as
             well
             as
             I
             can
             ,
             by
             the
             Assistance
             of
             a
             broken
             Memory
             ;
             it
             being
             an
             Account
             of
             Things
             done
             several
             Years
             past
             ,
             and
             from
             a
             Memory
             interrupted
             by
             such
             Accidents
             as
             are
             very
             well
             known
             ,
             and
             as
             have
             disabled
             me
             to
             make
             a
             more
             distinct
             and
             particular
             Relation
             before
             so
             great
             an
             Auditory
             .
          
           
             My
             Lords
             ,
             I
             suppose
             ,
             it
             will
             be
             expected
             ,
             I
             should
             begin
             my
             Account
             with
             the
             Occasion
             and
             Ground
             ,
             and
             the
             Time
             when
             those
             Things
             happened
             .
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             Take
             your
             own
             Method
             ,
             my
             Lord.
             
          
        
         
           
             Lord
             Howard
             .
          
           
             Truly
             ,
             my
             Lord
             ,
             I
             am
             not
             able
             to
             fix
             the
             particular
             Time
             ,
             unless
             You
             will
             give
             me
             leave
             to
             reckon
             the
             Years
             by
             the
             Sheriffs
             of
             London
             ,
             as
             the
             Romans
             used
             to
             do
             theirs
             by
             their
             Consuls
             ;
             for
             I
             have
             no
             other
             means
             of
             computing
             the
             exact
             Time.
             
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             Pray
             ,
             my
             Lord
             ,
             tell
             the
             Times
             ,
             as
             near
             as
             you
             can
             ,
             and
             use
             what
             Helps
             for
             your
             Memory
             you
             think
             best
             .
          
        
         
           
             Lord
             Howard
             .
          
           
             My
             Lords
             ,
             It
             was
             in
             that
             Year
             ,
             when
             Mr.
             Shute
             ,
             and
             Mr.
             Pilkington
             were
             Sheriffs
             for
             the
             City
             of
             London
             :
             And
             at
             that
             Time
             ,
             it
             is
             well
             known
             how
             great
             Heats
             did
             arise
             upon
             the
             Contests
             that
             were
             in
             the
             City
             ,
             about
             Election
             of
             Officers
             for
             the
             Year
             ensuing
             ,
             —
          
        
         
           
             Mr.
             
               Attorney
               General
            
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             My
             Lord
             Delamere
             seems
             to
             be
             faint
             with
             standing
             :
             If
             your
             Grace
             please
             ,
             
             a
             Chair
             may
             be
             provided
             ,
             for
             my
             Lord
             to
             sit
             in
             .
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             Ay
             ,
             by
             all
             means
             :
             Let
             a
             Chair
             be
             provided
             for
             my
             Lord
             to
             sit
             down
             .
             Go
             on
             ,
             my
             Lord.
             
          
        
         
           
             Lord
             Howard
             .
          
           
             My
             Lord
             ,
             I
             was
             saying
             ,
             that
             the
             Contests
             about
             the
             disputed
             Election
             of
             Sheriffs
             ,
             had
             occasioned
             such
             heats
             in
             the
             City
             of
             London
             ,
             and
             other
             Places
             ,
             that
             it
             was
             even
             beyond
             the
             common
             expressions
             of
             discontent
             :
             I
             knew
             nothing
             of
             any
             particular
             Design
             there
             was
             in
             hand
             till
             about
             six
             weeks
             after
             ,
             when
             Captain
             Walcot
             came
             to
             me
             ,
             a
             Person
             I
             had
             known
             some
             time
             before
             ,
             and
             ,
             upon
             discourse
             ,
             acquainted
             me
             ,
             that
             he
             had
             found
             out
             that
             there
             were
             some
             persons
             engaged
             in
             a
             considerable
             Action
             that
             was
             near
             its
             execution
             ,
             and
             that
             in
             order
             to
             it
             ,
             he
             had
             had
             notice
             given
             him
             to
             make
             preparation
             ,
             and
             thereupon
             he
             had
             thought
             fit
             ,
             for
             that
             reason
             ,
             to
             withdraw
             from
             the
             place
             where
             he
             did
             at
             that
             time
             Lodge
             ,
             (
             which
             was
             in
             
             Red-Lyon-Court
             in
             Fleet-street
             ,
             as
             I
             remember
             )
             and
             betake
             himself
             to
             a
             private
             Lodging
             ,
             that
             he
             might
             be
             the
             readier
             for
             Action
             ;
             and
             to
             put
             himself
             into
             a
             better
             equipage
             for
             joyning
             in
             the
             enterprise
             ,
             he
             had
             bought
             himself
             a
             Horse
             ,
             and
             sent
             his
             Son
             into
             Ireland
             to
             turn
             all
             he
             could
             into
             ready
             mony
             ,
             and
             return
             it
             ,
             that
             he
             might
             be
             the
             better
             able
             to
             go
             through
             with
             the
             undertaking
             .
             My
             Lords
             ,
             this
             was
             a
             great
             surprise
             to
             me
             ;
             for
             though
             I
             knew
             ,
             as
             all
             the
             rest
             of
             the
             World
             did
             ,
             that
             there
             were
             great
             discontents
             ,
             yet
             ,
             till
             then
             ,
             I
             never
             had
             any
             intimation
             of
             any
             particular
             design
             :
             I
             told
             him
             I
             was
             going
             into
             the
             Country
             ,
             but
             should
             be
             glad
             to
             know
             how
             things
             went
             ,
             and
             desired
             him
             to
             write
             to
             me
             ,
             and
             gave
             him
             a
             little
             Cabala
             or
             Cipher
             to
             disguise
             the
             matter
             he
             was
             to
             write
             about
             :
             and
             when
             I
             was
             in
             the
             Country
             ,
             I
             did
             receive
             several
             Letters
             which
             intimated
             something
             of
             a
             design
             that
             was
             going
             on
             ,
             and
             at
             last
             he
             writ
             ,
             with
             some
             warmth
             to
             me
             ,
             of
             a
             necessity
             we
             were
             under
             to
             enter
             into
             Action
             ;
             and
             of
             the
             readiness
             of
             my
             Correspondents
             ;
             (
             for
             the
             stile
             of
             the
             Letters
             was
             that
             of
             Merchants
             ,
             for
             so
             was
             the
             Cant
             that
             I
             had
             given
             him
             )
             :
             But
             truly
             I
             was
             not
             over-hasty
             in
             my
             return
             to
             London
             ,
             because
             I
             rather
             chose
             to
             see
             what
             would
             be
             the
             Issue
             of
             what
             was
             then
             projected
             ,
             before
             I
             did
             intermeddle
             in
             such
             an
             Affair
             ,
             and
             so
             made
             use
             of
             all
             the
             delayes
             I
             could
             to
             retard
             my
             return
             ,
             and
             came
             not
             to
             Town
             till
             that
             week
             which
             determined
             the
             long-continued
             controversy
             in
             London
             ;
             Nay
             ,
             and
             then
             also
             avoided
             meeting
             with
             any
             body
             in
             any
             set-way
             ,
             till
             I
             could
             better
             see
             how
             things
             were
             managed
             ,
             and
             what
             event
             they
             would
             probably
             come
             to
             ;
             thereupon
             I
             would
             not
             go
             to
             my
             own
             House
             ,
             but
             took
             up
             my
             Lodging
             at
             Mile-end
             ,
             and
             lay
             there
             3
             or
             4
             days
             ,
             till
             the
             day
             came
             for
             confirming
             the
             new-elected
             Sheriffs
             ,
             and
             the
             election
             of
             a
             new
             Lord
             Mayor
             ,
             which
             ,
             as
             I
             take
             it
             ,
             is
             on
             the
             day
             before
             
             
             Michaelmas-day
             ,
             and
             
             Michaelmas-day
             :
             When
             that
             day
             was
             over
             ,
             I
             could
             not
             find
             there
             was
             any
             intention
             of
             entring
             into
             any
             sort
             of
             Action
             ;
             I
             found
             indeed
             there
             were
             great
             murmurings
             in
             the
             mouths
             of
             all
             sorts
             of
             People
             ,
             and
             very
             angry
             warm
             speeches
             ,
             and
             nothing
             else
             :
             So
             I
             thought
             the
             business
             was
             over
             for
             that
             time
             ,
             and
             thereupon
             away
             I
             went
             to
             my
             own
             House
             .
             This
             ,
             my
             Lords
             ,
             was
             upon
             the
             Saturday
             as
             I
             remember
             :
             Upon
             the
             Monday
             Morning
             ,
             Captain
             Walcot
             came
             to
             me
             ,
             and
             desired
             that
             he
             might
             have
             some
             private
             discourse
             with
             me
             in
             my
             Garden
             ;
             and
             there
             he
             told
             me
             ,
             My
             Lord
             Shaftsbury
             had
             withdrawn
             himself
             ,
             and
             that
             he
             did
             believe
             things
             were
             in
             a
             great
             preparation
             for
             Action
             :
             I
             desired
             him
             to
             tell
             me
             what
             it
             was
             ;
             he
             answered
             me
             ,
             That
             he
             desired
             to
             be
             excused
             in
             that
             ,
             for
             I
             must
             go
             to
             my
             Lord
             Shaftsbury
             ,
             who
             would
             give
             me
             an
             account
             of
             the
             whole
             ;
             and
             withall
             he
             told
             me
             ,
             my
             Lord
             Shaftsb●●●
             had
             been
             much
             deserted
             and
             ill
             used
             by
             those
             Lords
             upon
             whose
             concurrence
             he
             had
             rely'd
             ,
             and
             that
             was
             the
             reason
             why
             he
             had
             withdrawn
             himself
             ,
             and
             kept
             himself
             so
             private
             :
             I
             told
             him
             ,
             I
             did
             not
             know
             my
             Lord
             Shaftsbury
             had
             any
             desire
             to
             speak
             with
             me
             ;
             yes
             he
             said
             he
             had
             ,
             for
             he
             had
             sent
             him
             to
             me
             on
             purpose
             ,
             and
             he
             was
             to
             bring
             back
             my
             answer
             ,
             whether
             I
             would
             Joyn
             or
             no.
             I
             told
             him
             ,
             if
             my
             Lord
             desired
             to
             speak
             with
             me
             ,
             I
             would
             wait
             upon
             him
             ,
             and
             thereupon
             I
             went
             with
             him
             ,
             and
             he
             carried
             me
             to
             a
             place
             where
             my
             Lord
             Shaftsbury
             was
             retired
             in
             the
             City
             ,
             somewhere
             about
             Foster-Lane
             or
             Wood-Street
             ,
             at
             the
             house
             of
             one
             Watson
             :
             When
             I
             came
             there
             ,
             after
             Salutation
             ,
             my
             Lord
             Shaftsbury
             began
             to
             make
             great
             reflections
             upon
             the
             misery
             and
             badness
             of
             the
             times
             ,
             particularly
             ,
             upon
             the
             issue
             of
             that
             great
             Affair
             ,
             the
             election
             of
             the
             Sheriffs
             ,
             which
             had
             ended
             so
             unfortunately
             to
             the
             terror
             of
             all
             good
             men
             :
             For
             whereas
             before
             the
             great
             and
             sure
             resort
             of
             innocency
             ,
             was
             to
             the
             Integrity
             of
             our
             Juries
             ,
             when
             returned
             by
             fair
             and
             equal
             Sheriffs
             ,
             they
             looked
             upon
             the
             eagerness
             of
             getting
             those
             Persons
             Sworn
             that
             were
             then
             in
             Office
             to
             be
             a
             designe
             to
             intrap
             the
             innocent
             ,
             the
             elected
             Sheriffs
             being
             esteemed
             persons
             that
             would
             accommodate
             themselves
             to
             the
             humour
             of
             the
             Court
             ;
             and
             now
             every
             man
             must
             be
             run
             down
             for
             crimes
             that
             he
             was
             no
             way
             guilty
             of
             ,
             if
             the
             singer
             of
             the
             Court
             did
             but
             point
             him
             out
             to
             destruction
             .
             The
             apprehension
             of
             this
             ,
             he
             said
             ,
             had
             made
             him
             withdraw
             himself
             ,
             not
             knowing
             how
             soon
             he
             might
             be
             seiz'd
             ,
             should
             he
             have
             remain'd
             in
             publick
             ;
             and
             he
             thought
             the
             danger
             was
             as
             imminent
             upon
             ,
             and
             likely
             to
             reach
             to
             others
             ,
             as
             well
             as
             to
             him
             ;
             and
             particularly
             to
             my self
             ,
             and
             therefore
             ,
             he
             said
             ,
             the
             sense
             of
             this
             danger
             ought
             to
             put
             every
             Englishman
             that
             had
             a
             value
             for
             his
             Country
             ,
             and
             any
             thing
             that
             was
             dear
             to
             him
             in
             it
             ,
             upon
             using
             his
             utmost
             endeavours
             to
             give
             
             some
             prevention
             to
             those
             calamities
             which
             were
             impendent
             over
             us
             ,
             and
             which
             threatned
             the
             destruction
             of
             all
             men
             that
             stood
             up
             for
             the
             rights
             of
             the
             people
             ;
             and
             this
             ,
             he
             said
             ,
             was
             his
             resolution
             .
          
           
             
               My
               Lord
            
             ,
             In
             order
             to
             this
             ,
             he
             declared
             to
             me
             ,
             what
             Preparations
             had
             been
             made
             for
             the
             Raising
             of
             Force
             for
             this
             purpose
             ;
             he
             said
             ,
             there
             were
             eight
             or
             ten
             Thousand
             Men
             (
             I
             cannot
             fix
             the
             particular
             number
             )
             that
             he
             was
             well
             assured
             to
             have
             ready
             in
             the
             City
             ;
             That
             there
             had
             been
             divers
             Horse
             (
             I
             think
             about
             Fourscore
             or
             an
             Hundred
             he
             named
             )
             that
             about
             a
             Fortnight
             before
             ,
             had
             been
             ,
             by
             parcels
             ,
             drawn
             into
             the
             Town
             ,
             without
             being
             observed
             ;
             and
             these
             were
             in
             daily
             expectation
             to
             go
             into
             Action
             ;
             but
             through
             the
             unhandsome
             Disappointment
             of
             the
             Duke
             of
             Monmouth
             ,
             and
             the
             other
             Lords
             that
             adhered
             to
             him
             ,
             who
             were
             to
             have
             joyned
             in
             the
             Acti●●●
             and
             have
             set
             the
             Wheels
             at
             work
             in
             other
             Parts
             ,
             he
             was
             ●●●t
             alone
             to
             do
             the
             whole
             in
             his
             Province
             of
             London
             ,
             they
             being
             not
             ready
             to
             concurr
             according
             to
             their
             Engagement
             :
             But
             as
             he
             should
             have
             the
             greater
             Danger
             ,
             so
             he
             should
             have
             the
             greater
             Glory
             ;
             and
             he
             resolved
             to
             go
             through
             with
             the
             Attempt
             ,
             or
             Perish
             in
             the
             Execution
             .
             To
             all
             this
             Discourse
             ,
             I
             gave
             such
             an
             Answer
             as
             the
             nature
             of
             the
             thing
             required
             :
             I
             told
             my
             Lord
             Shaftsbury
             ,
             I
             could
             not
             deny
             all
             those
             things
             to
             be
             true
             ,
             as
             he
             had
             represented
             them
             in
             his
             Discourse
             ;
             and
             that
             I
             would
             not
             distrust
             his
             Judgment
             so
             much
             ,
             as
             to
             suppose
             ,
             he
             would
             enter
             upon
             such
             an
             Affair
             ,
             without
             due
             deliberation
             of
             all
             the
             Circumstances
             requisite
             to
             it
             ;
             and
             so
             I
             would
             not
             question
             ,
             but
             there
             was
             such
             Preparations
             ,
             and
             that
             he
             had
             assurance
             of
             such
             a
             Force
             ,
             as
             he
             had
             spoke
             of
             ,
             whenever
             they
             should
             begin
             any
             Action
             :
             But
             I
             told
             him
             something
             stuck
             with
             me
             ,
             and
             troubled
             me
             very
             much
             ,
             That
             ,
             in
             a
             time
             of
             such
             difficulty
             ,
             when
             the
             convenient
             Help
             of
             the
             Nation
             was
             all
             little
             enough
             to
             joyn
             in
             the
             Work
             ,
             he
             should
             stand
             by
             himself
             ,
             and
             Engage
             in
             such
             an
             Enterprize
             ,
             in
             Separation
             from
             those
             other
             Lords
             ,
             of
             whose
             Help
             there
             would
             be
             so
             much
             need
             :
             He
             said
             ,
             he
             could
             not
             help
             it
             ,
             they
             had
             appointed
             this
             time
             and
             that
             ,
             but
             now
             ,
             when
             it
             came
             to
             the
             push
             ,
             they
             were
             not
             ready
             to
             do
             their
             parts
             ;
             but
             the
             People
             were
             now
             in
             such
             expectation
             of
             something
             to
             be
             done
             ,
             especially
             in
             London
             ,
             that
             it
             was
             impossible
             to
             restrain
             them
             ,
             and
             as
             impossible
             to
             get
             those
             Lords
             ready
             to
             joyn
             with
             them
             :
             I
             told
             him
             ,
             I
             was
             altogether
             unacquainted
             with
             the
             proceedings
             in
             this
             Affair
             ,
             and
             that
             all
             of
             it
             was
             wholly
             new
             to
             me
             :
             But
             pray
             ,
             My
             Lord
             ,
             said
             I
             ,
             give
             me
             leave
             to
             Act
             that
             part
             in
             this
             business
             ,
             that
             ,
             I
             think
             ,
             will
             most
             conduce
             to
             the
             Successful
             Issue
             of
             it
             ,
             which
             is
             ,
             to
             be
             a
             Mediator
             between
             You
             ;
             and
             let
             me
             desire
             you
             to
             let
             things
             rest
             as
             they
             are
             ,
             till
             I
             have
             endeavoured
             to
             Create
             a
             better
             Understanding
             
             between
             your
             Lordship
             ,
             and
             those
             Lords
             ,
             of
             whose
             Tergiversation
             you
             seem
             to
             complain
             .
             Upon
             this
             ,
             my
             Lord
             was
             in
             :
             a
             great
             heat
             ,
             and
             express'd
             himself
             with
             great
             warming
             but
             at
             last
             ,
             with
             much
             ado
             ,
             he
             gave
             me
             Permission
             to
             go
             to
             the
             Duke
             of
             Monmouth
             ,
             and
             assure
             him
             ,
             and
             the
             rest
             of
             the
             Lords
             that
             were
             concern'd
             ,
             and
             tell
             them
             from
             him
             ,
             That
             ,
             if
             they
             would
             be
             ready
             to
             take
             the
             Posts
             that
             were
             assign'd
             them
             ,
             according
             to
             their
             own
             former
             Agreement
             ,
             and
             immediately
             enter
             upon
             Action
             ,
             he
             would
             joyn
             with
             them
             ,
             but
             if
             not
             ,
             he
             was
             resolved
             to
             go
             on
             alone
             .
             This
             was
             ,
             as
             I
             remember
             ,
             upon
             Tuesday
             ,
             the
             Second
             of
             October
             ;
             upon
             the
             Wednesday
             Morning
             ,
             I
             went
             to
             find
             out
             the
             Duke
             of
             Monmouth
             ,
             but
             coming
             to
             his
             Lodgings
             ,
             he
             was
             gone
             to
             
             Moor-Pank
             ,
             where
             ,
             when
             I
             came
             ,
             I
             found
             several
             Persons
             with
             him
             ,
             I
             but
             after
             a
             little
             time
             ,
             I
             separated
             him
             from
             the
             Company
             ,
             and
             whispering
             to
             him
             ,
             I
             gave
             him
             to
             understand
             ,
             how
             great
             a
             Disorder
             I
             found
             my
             Lord
             Shaftsbury
             in
             ,
             and
             how
             great
             a
             Complaint
             he
             made
             of
             his
             being
             deserted
             by
             him
             ,
             and
             the
             other
             Lords
             engaged
             with
             him
             ,
             and
             what
             Resolution
             he
             had
             taken
             to
             set
             upon
             the
             Work
             alone
             :
             
               My
               Lord
               ,
               sayes
               he
               ,
               I
               think
               the
               Man
               is
               Mad
               ,
               his
               Fear
               makes
               him
               lose
               his
               Understanding
               ;
               I
               do
               not
               know
               why
               he
               hides
               himself
               from
               his
               Friends
               ,
               that
               no
               body
               can
               telll
               where
               he
               is
               ;
               but
               as
               to
               that
               which
               he
               speaks
               of
               ,
               oft
               our
               forsaking
               him
               ,
               and
               breach
               of
               Faith
               ,
               he
               is
               mistaken
               ;
               For
               ,
               't
               is
               true
               indeed
               ,
               we
               are
               about
               doing
               the
               Thing
               ,
               that
               he
               is
               so
               eager
               for
               ,
               but
               we
               are
               not
               for
               doing
               it
               so
               hastily
               ,
               as
               his
               Fears
               precipitate
               him
               to
               do
               ;
               and
               he
               must
               excuse
               us
               ,
               if
               we
               Comply
               not
               with
               his
               Humour
               ,
               to
               hazard
               the
               whole
               Undertaking
               by
               a
               rash
               beginning
               .
            
             Upon
             that
             ,
             I
             said
             to
             him
             ,
             My
             Lord
             ,
             I
             shall
             not
             discourse
             the
             Particularities
             of
             the
             business
             with
             your
             Grace
             ;
             but
             this
             is
             all
             that
             I
             at
             present
             Address
             to
             your
             Grace
             for
             ,
             to
             be
             a
             means
             ,
             if
             I
             can
             ,
             with
             your
             Grace
             ,
             as
             I
             have
             been
             with
             him
             ,
             to
             procure
             a
             Meeting
             between
             you
             ,
             that
             you
             may
             Settle
             it
             with
             one
             another
             .
             
               Withal
               my
               heart
               ,
               sayes
               the
               Duke
               ,
               pray
               let
               it
               be
               so
               ;
               for
               ,
               though
               my
               Lord
               Shaftsbury
               is
               angry
               without
               a
               cause
               ,
               yet
               I
               would
               not
               have
               him
               lose
               himself
               in
               a
               temerarious
               Undertaking
               :
            
             My
             Lord
             ,
             said
             I
             ,
             I
             will
             tell
             him
             what
             you
             say
             ,
             and
             will
             see
             if
             I
             can
             work
             him
             to
             a
             Complyance
             with
             the
             Proposal
             .
             The
             next
             day
             ,
             being
             Thursday
             ,
             my
             Lord
             ,
             I
             went
             to
             my
             Lord
             Shaftsbury
             again
             ,
             and
             reported
             to
             him
             ,
             the
             Discourse
             I
             had
             with
             the
             Duke
             of
             Monmouth
             ,
             and
             what
             Answer
             he
             had
             given
             to
             his
             Complaint
             of
             their
             deserting
             him
             :
             He
             Reply'd
             ,
             
               It
               was
               false
               ,
               they
               had
               positively
               ingaged
               to
               be
               ready
               by
               such
               a
               time
               ,
               and
               had
               appointed
               the
               very
               Day
               ;
               but
               now
               they
               were
               off
               ,
               and
               would
               not
               tell
               when
               they
               would
               be
               ready
            
             and
             withal
             ,
             he
             told
             me
             ,
             he
             greatly
             suspected
             the
             Duke
             of
             Monmouth
             to
             have
             a
             secret
             
             Correspondence
             with
             the
             King.
             I
             then
             desired
             him
             ,
             That
             he
             would
             please
             to
             consent
             to
             the
             Treaty
             that
             was
             proposed
             ,
             and
             give
             the
             Duke
             of
             Monmouth
             ,
             and
             the
             Lords
             a
             Meeting
             ;
             he
             ,
             in
             great
             heat
             ,
             Replyed
             ,
             No
             ,
             he
             would
             come
             no
             more
             at
             them
             :
             It
             is
             strange
             ,
             my
             Lord
             ,
             said
             I
             ,
             that
             you
             should
             have
             such
             an
             Opinion
             of
             these
             Men
             ,
             that
             they
             would
             go
             about
             to
             betray
             you
             ;
             they
             are
             not
             Men
             of
             that
             size
             :
             but
             he
             persisted
             in
             it
             ,
             that
             they
             had
             dealt
             perfidiously
             with
             him
             :
             For
             ,
             after
             a
             positive
             Agreement
             ,
             when
             the
             Thing
             was
             brought
             just
             to
             the
             Birth
             ,
             they
             withdrew
             their
             helping-hand
             ;
             but
             he
             was
             sure
             ,
             in
             London
             ,
             he
             could
             Raise
             a
             sufficient
             Force
             to
             do
             the
             Work
             ,
             and
             if
             he
             were
             but
             once
             set
             on
             Horse-back
             ,
             he
             would
             Head
             them
             himself
             :
             But
             yet
             he
             was
             willing
             to
             put
             it
             off
             for
             a
             Fortnight
             ,
             or
             three
             weeks
             longer
             ,
             if
             they
             would
             be
             sure
             to
             keep
             pace
             with
             him
             .
             With
             this
             Proposal
             I
             went
             the
             next
             day
             ,
             which
             was
             Friday
             ,
             to
             the
             Duke
             of
             Monmouth
             ,
             and
             had
             the
             same
             Answer
             from
             him
             ,
             that
             I
             had
             before
             ;
             but
             withal
             ,
             he
             bid
             me
             tell
             my
             Lord
             Shaftsbury
             ,
             That
             he
             did
             make
             it
             his
             earnest
             Request
             to
             him
             ,
             to
             give
             him
             ,
             and
             his
             other
             Friends
             a
             Meeting
             ,
             before
             he
             Engaged
             in
             this
             business
             :
             For
             ,
             he
             found
             by
             his
             precipitation
             ,
             he
             was
             about
             to
             Destroy
             himself
             ,
             and
             all
             that
             adhered
             to
             him
             .
             Thereupon
             ,
             I
             came
             to
             my
             Lord
             Shaftsbury
             again
             ,
             upon
             the
             Saturday
             ;
             and
             when
             I
             came
             there
             ,
             after
             a
             long
             and
             importunate
             urging
             all
             the
             Arguments
             I
             could
             think
             of
             ;
             I
             so
             far
             prevailed
             with
             him
             ,
             that
             he
             agreed
             to
             give
             them
             a
             Meeting
             ,
             upon
             condition
             ,
             that
             it
             should
             be
             the
             next
             day
             ;
             and
             because
             it
             should
             be
             so
             private
             ,
             that
             no
             notice
             might
             be
             taken
             of
             it
             ,
             he
             chose
             to
             have
             the
             Meeting
             at
             his
             own
             House
             ,
             where
             no
             body
             would
             suspect
             him
             to
             be
             ,
             and
             whither
             he
             would
             be
             conveyed
             ,
             under
             the
             Disguise
             of
             a
             Parson
             .
             I
             went
             back
             with
             this
             Message
             to
             the
             Duke
             of
             Monmouth
             ,
             who
             did
             undertake
             ,
             that
             the
             other
             Lords
             should
             be
             there
             .
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             My
             Lord
             Howard
             ,
             not
             to
             interrupt
             you
             ,
             Did
             he
             name
             those
             other
             Lords
             ?
             If
             he
             did
             ,
             pray
             acquaint
             my
             Lords
             ,
             who
             they
             were
             ?
          
        
         
           
             Lord
             Howard
             .
          
           
             My
             Lord
             Shaftsbury
             named
             my
             Lord
             Russel
             ,
             and
             my
             Lord
             Gray
             ,
             and
             a
             great
             many
             more
             that
             should
             bear
             their
             parts
             .
             I
             went
             to
             the
             Duke
             of
             Monmouth
             ,
             and
             told
             him
             of
             it
             ,
             I
             say
             ,
             and
             he
             engaged
             ,
             that
             they
             should
             certainly
             be
             there
             :
             But
             ,
             upon
             the
             Sunday
             Morning
             ,
             when
             I
             came
             to
             the
             Temple
             ,
             there
             I
             found
             a
             Message
             left
             for
             me
             ,
             That
             my
             Lord
             Shaftsbury
             had
             receiv'd
             an
             Alarum
             ,
             That
             there
             were
             some
             great
             Toryes
             lived
             near
             his
             House
             in
             
             Aldersgate-Street
             ,
             who
             were
             continually
             Spying
             about
             ;
             and
             so
             great
             a
             Company
             might
             make
             their
             more
             than
             ordinary
             Observation
             .
             That
             this
             gave
             him
             such
             a
             Jealousy
             ,
             as
             would
             not
             permit
             him
             to
             Meet
             according
             to
             his
             Appointment
             :
             Afterwards
             ,
             I
             came
             to
             a
             better
             
             understanding
             of
             the
             Reason
             of
             this
             ,
             and
             found
             there
             was
             some
             fineness
             in
             it
             ,
             (
             which
             I
             could
             not
             comprehend
             before
             ;
             But
             after
             this
             time
             ,
             I
             never
             saw
             my
             Lord
             Shaftsbury
             ,
             for
             he
             removed
             then
             to
             other
             Lodgings
             .
             So
             that
             ,
             what
             I
             now
             speak
             of
             him
             ,
             is
             only
             what
             I
             had
             ,
             by
             hear-say
             ,
             from
             others
             :
             For
             ,
             I
             had
             no
             knowledge
             of
             what
             pass'd
             ,
             as
             to
             him
             ,
             but
             what
             I
             had
             from
             Capt.
             Walcot
             ;
             who
             told
             me
             ,
             That
             after
             that
             ,
             there
             were
             several
             dayes
             of
             Meeting
             appointed
             ,
             but
             still
             ,
             from
             time
             to
             time
             ,
             put
             off
             ;
             but
             upon
             what
             reason
             ,
             I
             cannot
             particularly
             remember
             .
          
           
             This
             is
             all
             I
             know
             of
             my
             Lord
             Shaftsbury
             ;
             and
             the
             latter
             Part
             is
             wholly
             by
             Hear-say
             from
             Walcot
             :
             But
             by
             reason
             of
             this
             Agitation
             ,
             we
             continued
             under
             Expectation
             till
             such
             time
             as
             my
             Lord
             Shaftsbury
             went
             into
             Holland
             ;
             where
             he
             shortly
             after
             died
             .
             And
             truly
             ,
             I
             thought
             ,
             at
             that
             time
             ,
             much
             of
             the
             Design
             was
             quashed
             ,
             and
             laid
             aside
             :
             But
             ,
             soon
             after
             ,
             Ferguson
             came
             over
             ;
             who
             ,
             when
             he
             came
             Here
             ,
             began
             to
             revive
             and
             quicken
             the
             Business
             ,
             and
             push
             it
             on
             to
             Execution
             .
             I
             spoke
             with
             him
             at
             the
             
               One
               Bell
            
             in
             the
             Strand
             ;
             and
             there
             he
             gave
             me
             an
             Account
             of
             all
             the
             Steps
             that
             had
             been
             taken
             :
             He
             told
             me
             what
             Preparations
             had
             been
             made
             in
             the
             City
             ,
             in
             general
             ;
             what
             to
             seize
             the
             Gates
             of
             the
             City
             ;
             what
             to
             Possess
             themselves
             of
             the
             Tower
             ;
             what
             to
             attacque
             the
             Guards
             ;
             and
             several
             other
             Things
             ,
             which
             I
             can't
             now
             so
             well
             remember
             ;
             the
             Impressions
             of
             them
             being
             worn
             out
             of
             my
             Memory
             ,
             by
             length
             of
             Time
             ,
             and
             other
             Accidents
             .
          
           
             This
             ,
             in
             general
             ,
             is
             all
             that
             I
             can
             say
             ,
             as
             to
             what
             was
             previous
             to
             the
             particular
             Engagement
             wherein
             I
             was
             concern'd
             :
             For
             ,
             at
             last
             ,
             after
             many
             Discourses
             ,
             the
             Troubles
             and
             Difficulties
             of
             the
             Times
             increasing
             ,
             and
             the
             Dangers
             that
             threatned
             us
             ,
             as
             we
             thought
             ,
             growing
             higher
             and
             higher
             ,
             this
             gave
             an
             Occasion
             for
             our
             uniting
             Councels
             ,
             and
             entring
             into
             a
             kind
             of
             Juncto
             ;
             which
             ,
             I
             suppose
             ,
             is
             Foreign
             to
             this
             Affair
             before
             your
             Lordships
             ;
             and
             therefore
             ,
             I
             suppose
             ,
             would
             be
             likewise
             impertinent
             for
             me
             ,
             to
             trouble
             your
             Lordships
             with
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Mr.
             Attorney
             ,
             Do
             you
             desire
             my
             Lord
             Howard
             should
             give
             an
             Account
             of
             those
             other
             Meetings
             ,
             and
             Consultations
             ,
             at
             which
             he
             was
             present
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             ,
             I
             think
             there
             will
             be
             no
             need
             of
             it
             ;
             and
             I
             am
             unwilling
             to
             take
             up
             your
             
             Grace's
             Time
             ,
             to
             no
             purpose
             .
          
        
         
           
             Lord
             Howard
             .
          
           
             As
             for
             that
             
               Noble
               Lord
            
             at
             the
             Barr
             ,
             I
             know
             nothing
             concerning
             him
             .
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             Then
             ,
             Gentlemen
             ,
             Will
             You
             have
             him
             asked
             any
             more
             Questions
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             Lord
             H.
             Steward
             .
          
           
             My
             Lord
             Delamere
             ,
             Will
             You
             ask
             him
             any
             Questions
             ?
          
        
         
           
             Lord
             Delamere
             .
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Before
             my
             Lord
             Howard
             goes
             ,
             I
             would
             ask
             him
             one
             Question
             in
             general
             ,
             Whether
             he
             knew
             of
             any
             Design
             of
             a
             Rising
             in
             Cheshire
             ?
          
        
         
           
             Lord
             Howard
             .
          
           
             No
             ,
             my
             Lord
             ,
             I
             knew
             of
             none
             at
             all
             .
          
        
         
           
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Then
             We
             desire
             my
             Lord
             Gray
             may
             be
             sworn
             .
          
        
         
           Which
           was
           done
           .
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             ,
             Will
             You
             give
             his
             Grace
             ,
             and
             my
             Lords
             an
             Account
             ,
             what
             You
             know
             of
             any
             Designs
             of
             an
             Insurrection
             or
             Rebellion
             ,
             when
             You
             were
             beyond
             Sea
             ,
             or
             before
             ?
             and
             who
             were
             engaged
             in
             it
             ?
          
        
         
           
             Lord
             Gray
             .
          
           
             My
             Lord
             ,
             I
             am
             Subpoena'd
             hither
             ,
             on
             behalf
             of
             the
             King
             ;
             and
             I
             am
             also
             Subpoena'd
             on
             behalf
             of
             my
             Lord
             ,
             the
             Prisoner
             at
             the
             Barr
             :
             I
             do
             not
             know
             any
             thing
             ,
             that
             I
             can
             speak
             of
             my
             own
             Knowledge
             ,
             against
             the
             Prisoner
             ;
             nor
             have
             I
             any
             thing
             to
             say
             ,
             that
             I
             know
             of
             ,
             that
             will
             be
             for
             his
             Advantage
             .
             But
             I
             am
             here
             ready
             to
             Answer
             such
             Questions
             ,
             as
             shall
             be
             asked
             of
             me
             ,
             either
             of
             One
             side
             ,
             or
             the
             Other
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             ,
             the
             Question
             I
             ask
             You
             ,
             is
             ,
             What
             do
             You
             know
             of
             any
             Design
             of
             a
             Rising
             in
             Cheshire
             ,
             and
             when
             ?
          
        
         
           
             Lord
             Gray
             .
          
           
             About
             the
             Time
             of
             Election
             of
             Sheriffs
             for
             the
             City
             of
             London
             ;
             I
             mean
             that
             memorable
             Time
             of
             the
             Contested
             Election
             ,
             which
             furnished
             the
             World
             with
             so
             much
             Discourse
             ,
             and
             was
             the
             occasion
             of
             such
             Heats
             and
             Animosities
             :
             About
             that
             Time
             ,
             the
             
               Duke
               of
               Monmouth
            
             ,
             and
             my
             Lord
             of
             Shaftsbury
             began
             to
             discourse
             about
             making
             use
             of
             That
             ,
             as
             an
             Opportunity
             to
             accomplish
             their
             Design
             ;
             For
             they
             thought
             the
             Ferment
             was
             so
             high
             ,
             that
             Men
             would
             easily
             be
             disposed
             to
             an
             Insurrection
             ;
             And
             after
             many
             Discourses
             to
             that
             purpose
             ,
             they
             came
             to
             this
             Resolution
             ,
             That
             they
             would
             apply
             themselves
             to
             make
             what
             Interest
             they
             could
             ,
             to
             procure
             a
             Rising
             in
             Three
             several
             Parts
             of
             the
             Kingdom
             at
             once
             :
             One
             in
             Cheshire
             ,
             whither
             the
             
               Duke
               of
               Monmouth
            
             was
             to
             betake
             himself
             :
             and
             there
             be
             advised
             by
             my
             Lord
             Macclesfield
             ,
             my
             Lord
             Brandon
             ,
             my
             Lord
             Delamere
             that
             then
             was
             ,
             and
             the
             Prisoner
             at
             the
             Barr
             ,
             what
             Gentlemen
             were
             proper
             to
             apply
             to
             ,
             for
             joyning
             in
             the
             Design
             :
             The
             Second
             was
             in
             London
             ,
             which
             was
             assigned
             to
             be
             the
             Province
             of
             my
             Lord
             of
             Shaftsbury
             ▪
             And
             the
             Third
             was
             ,
             in
             the
             West
             ;
             which
             was
             committed
             to
             the
             Care
             of
             my
             Lord
             Russel
             .
             The
             
               Duke
               of
               Monmouth
            
             did
             accordingly
             go
             his
             Progress
             into
             Cheshire
             ,
             as
             is
             very
             well
             known
             ;
             and
             ,
             upon
             his
             Return
             ,
             was
             taken
             into
             Custody
             by
             the
             
               Serjeant
               at
               Arms
            
             :
             Upon
             which
             ,
             Sir
             
               Thomas
               Armstrong
            
             was
             sent
             Post
             to
             Town
             ,
             and
             get
             an
             
               Habeas
               Corpus
            
             ;
             and
             withal
             ,
             to
             deliver
             a
             Message
             to
             Me
             ,
             to
             be
             Communicated
             with
             my
             Lord
             Russel
             ,
             and
             my
             Lord
             Shaftsbury
             :
             Which
             Message
             ,
             as
             near
             as
             I
             remember
             ,
             was
             to
             this
             Effect
             ;
             That
             he
             had
             been
             kindly
             received
             by
             the
             Gentlemen
             of
             the
             Country
             ;
             and
             had
             discours'd
             the
             Matter
             with
             them
             ,
             and
             found
             them
             all
             inclined
             very
             much
             to
             his
             Satisfaction
             :
             That
             upon
             his
             being
             Arrested
             ,
             he
             had
             been
             advised
             to
             make
             his
             Escape
             into
             Cheshire
             ,
             and
             Rise
             immediately
             ;
             but
             that
             he
             would
             not
             do
             a
             Matter
             of
             that
             great
             Importance
             ,
             without
             the
             Approbation
             of
             his
             Friends
             .
             This
             is
             all
             that
             I
             know
             of
             any
             thing
             ,
             that
             was
             designed
             in
             Cheshire
             .
          
        
         
           
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             ,
             my
             Lord
             ,
             what
             do
             you
             know
             of
             any
             Messages
             that
             Capt.
             Matthews
             or
             Jones
             brought
             over
             from
             Holland
             ,
             and
             to
             whom
             ,
             and
             from
             whom
             ?
          
        
         
           
             L.
             Gray
             ,
          
           
             Sir
             I
             will
             give
             the
             best
             Account
             I
             can
             ,
             upon
             the
             sudden
             ,
             for
             I
             am
             not
             prepared
             to
             give
             a
             particular
             distinct
             account
             ,
             in
             regard
             I
             did
             not
             know
             it
             would
             be
             expected
             from
             me
             ,
             nor
             indeed
             that
             it
             would
             affect
             the
             Prisoner
             at
             the
             Bar.
             
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             Pray
             ,
             my
             Lord
             ,
             give
             my
             Lords
             the
             Peers
             as
             succinct
             and
             particular
             an
             account
             as
             you
             can
             .
          
        
         
           
             L.
             Gray
             ,
          
           
             My
             Lord
             ,
             soon
             after
             the
             late
             Kings
             Death
             ,
             the
             Duke
             of
             Monmouth
             was
             at
             Amsterdam
             with
             my
             Lord
             Argyle
             ,
             where
             there
             was
             an
             account
             given
             of
             the
             Design
             that
             was
             in
             hand
             ,
             of
             an
             Insurrection
             in
             Scotland
             ,
             and
             the
             preparations
             that
             had
             been
             made
             in
             order
             to
             it
             ;
             and
             at
             that
             time
             there
             came
             over
             to
             Holland
             Mr.
             Crag
             ,
             that
             came
             as
             I
             was
             inform'd
             from
             Major
             VVildman
             ,
             and
             his
             Errand
             was
             to
             promote
             and
             recommend
             a
             Reconciliation
             between
             the
             Duke
             of
             Monmouth
             ,
             and
             my
             Lord
             Argyle
             ,
             who
             till
             that
             time
             had
             acted
             in
             separate
             Interests
             ;
             and
             Crag
             then
             gave
             an
             account
             that
             Means
             and
             Money
             were
             prepared
             ;
             he
             had
             no
             particular
             Message
             to
             the
             Duke
             ,
             because
             he
             did
             not
             know
             of
             meeting
             him
             there
             at
             that
             time
             :
             The
             Duke
             of
             Monmouth
             upon
             this
             Encouragement
             ,
             did
             send
             Captain
             Matthews
             into
             England
             ,
             with
             a
             Message
             to
             Major
             VVildman
             ,
             wherein
             he
             did
             desire
             him
             that
             he
             would
             procure
             a
             Meeting
             with
             my
             Lord
             Macclesfield
             ,
             My
             Lord
             Brandon
             ,
             my
             Lord
             Delamere
             ,
             and
             I
             think
             Mr.
             Charleton
             ,
             and
             acquaint
             them
             that
             he
             had
             received
             a
             full
             account
             of
             my
             Lord
             
             Argyle's
             affairs
             ,
             and
             the
             preparations
             that
             had
             been
             made
             for
             it
             ,
             and
             accordingly
             he
             had
             ordered
             his
             own
             affairs
             to
             join
             with
             him
             ;
             he
             likewise
             sent
             Crag
             with
             a
             Message
             to
             the
             same
             purpose
             to
             other
             Friends
             in
             London
             ,
             and
             he
             dispatch'd
             away
             one
             Battescomb
             into
             the
             VVest
             ,
             to
             prepare
             things
             there
             .
             When
             Crag
             returned
             back
             again
             to
             the
             Duke
             ,
             he
             gave
             him
             an
             account
             that
             Major
             VVildman
             had
             procured
             a
             Meeting
             with
             those
             Lords
             and
             Gentlemen
             ,
             that
             I
             mentioned
             before
             ,
             who
             were
             all
             of
             Opinion
             ,
             That
             the
             Duke
             of
             Monmouth
             should
             go
             for
             Scotland
             ,
             for
             they
             thought
             that
             his
             coming
             there
             ,
             would
             be
             the
             best
             Service
             he
             could
             do
             the
             interest
             at
             present
             ,
             and
             they
             should
             know
             the
             strength
             of
             the
             Enemy
             here
             ,
             by
             their
             sending
             Forces
             to
             suppess
             the
             Rebellion
             there
             .
             There
             was
             likewise
             a
             particular
             Message
             from
             Major
             VVildman
             to
             the
             Duke
             of
             Monmouth
             ,
             That
             he
             desired
             he
             would
             bring
             over
             with
             him
             a
             Broad
             Seal
             to
             Seal
             Commissions
             with
             ,
             and
             to
             take
             upon
             him
             the
             Title
             of
             King
             ;
             the
             other
             particular
             branches
             of
             the
             Message
             ,
             I
             do
             not
             so
             well
             remember
             ,
             but
             only
             this
             ,
             he
             was
             particularly
             asked
             ,
             Whether
             the
             Prisoner
             at
             the
             Bar
             was
             there
             ,
             and
             he
             said
             he
             was
             ,
             —
          
        
         
           
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             ,
             my
             Lord
             Gray
             ,
             will
             you
             give
             an
             account
             what
             you
             know
             of
             
             Jones's
             coming
             over
             ,
             and
             what
             Errand
             he
             was
             sent
             of
             .
          
        
         
           
             Lord
             Gray
             ,
          
           
             Jones
             came
             some
             time
             after
             Crag
             returned
             ,
             and
             he
             gave
             an
             account
             of
             other
             things
             conformable
             to
             what
             Crag
             had
             said
             ,
             and
             was
             sent
             back
             again
             to
             England
             by
             the
             Duke
             of
             Monmouth
             to
             give
             an
             account
             of
             his
             being
             ready
             to
             sail
             ;
             he
             gave
             him
             also
             a
             Letter
             ,
             the
             Contents
             whereof
             I
             did
             not
             see
             ,
             I
             had
             some
             short
             account
             of
             it
             ,
             but
             whether
             it
             were
             written
             to
             any
             particular
             Person
             ,
             I
             cannot
             tell
             ;
             the
             sum
             of
             his
             Message
             was
             ,
             That
             he
             would
             land
             by
             that
             time
             he
             could
             get
             thither
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             Gray
             ,
             you
             had
             frequent
             Discourse
             with
             the
             Duke
             of
             Monmouth
             ,
             and
             so
             I
             suppose
             can
             give
             an
             account
             who
             he
             kept
             Correspondence
             with
             ,
             and
             upon
             whose
             assistance
             he
             relyed
             .
          
        
         
           
             Lord
             Gray
             ,
          
           
             I
             suppose
             few
             people
             will
             believe
             we
             were
             so
             weary
             of
             our
             Lives
             ,
             as
             to
             come
             and
             throw
             them
             away
             with
             Threescore
             ,
             or
             a
             very
             few
             more
             Men
             ,
             (
             for
             it
             was
             but
             a
             very
             small
             number
             we
             began
             with
             )
             except
             we
             had
             had
             expectation
             of
             good
             assistance
             ,
             This
             I
             am
             sure
             of
             ,
             by
             all
             my
             discourses
             with
             the
             Duke
             of
             Monmouth
             ,
             he
             did
             depend
             very
             much
             upon
             Cheshire
             ,
             and
             was
             resolved
             to
             have
             landed
             and
             begun
             there
             ;
             but
             afterwards
             he
             considered
             of
             it
             ,
             and
             thought
             better
             to
             send
             some
             sort
             of
             excuse
             for
             not
             landing
             in
             Cheshire
             ;
             That
             the
             persons
             that
             were
             to
             be
             applyed
             to
             there
             ,
             being
             men
             of
             great
             Quality
             and
             Interest
             in
             their
             Countrey
             ,
             and
             able
             to
             manage
             it
             without
             his
             assistance
             ;
             But
             in
             the
             VVest
             ,
             the
             Friends
             he
             relyed
             on
             ,
             were
             not
             of
             that
             considerable
             Quality
             ,
             and
             therefore
             he
             chose
             to
             land
             there
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             Lords
             did
             he
             name
             ,
             that
             he
             depended
             upon
             ?
          
        
         
           
             Lord
             Gray
             ,
          
           
             I
             did
             name
             them
             ;
             my
             Lord
             Macclesfield
             ,
             my
             Lord
             Brandon
             ,
             and
             my
             Lord
             Delamere
             ;
             but
             I
             observed
             when
             the
             Duke
             of
             Monmouth
             spoke
             of
             his
             Friends
             in
             Cheshire
             ,
             he
             did
             name
             my
             Lord
             Macclesfield
             ,
             and
             my
             Lord
             Brandon
             as
             Persons
             .
          
        
         
           
             E.
             of
             Nottingham
             .
          
           
             My
             Lord
             Steward
             ,
             I
             humbly
             pray
             this
             Witness
             may
             be
             asked
             ,
             to
             whom
             that
             Letter
             was
             written
             ,
             that
             he
             saith
             the
             late
             Duke
             of
             Monmouth
             sent
             by
             Jones
             ?
          
        
         
           
             Lord
             H
             Stew.
             
          
           
             You
             hear
             my
             Lord's
             question
             ,
             who
             did
             Monmouth
             send
             that
             Letter
             by
             Jones
             to
             ?
          
        
         
           
             Lord
             Gray
             .
          
           
             My
             Lord
             ,
             I
             never
             saw
             the
             Letter
             ,
             nor
             do
             I
             know
             any
             directions
             there
             were
             upon
             it
             ;
             I
             always
             looked
             upon
             it
             as
             a
             paper
             of
             Instructions
             given
             to
             him
             about
             the
             time
             when
             ,
             and
             the
             name
             of
             the
             place
             where
             the
             Duke
             was
             to
             land
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             We
             will
             give
             an
             account
             of
             that
             by
             Jones
             by
             and
             by
             ,
             My
             Lord.
             Now
             swear
             
               Nathaniel
               VVade
            
             ,
          
        
         
           Which
           was
           done
           .
        
         
           
           
             Lord
             
               H.
               Stew.
            
             
          
           
             Well
             ,
             what
             do
             you
             ask
             this
             Witness
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Wade
             ,
             That
             which
             I
             call
             you
             for
             ,
             is
             this
             ,
             to
             give
             an
             account
             what
             you
             know
             of
             any
             design
             of
             landing
             in
             Cheshire
             ,
             or
             elsewhere
             ,
             and
             of
             
             Jones's
             coming
             over
             ,
             and
             what
             Errand
             he
             was
             sent
             upon
             ?
          
        
         
           
             Mr.
             Wade
             ,
          
           
             My
             Ld.
             I
             shall
             give
             an
             account
             as
             far
             as
             I
             know
             ;
             after
             the
             death
             of
             the
             late
             King
             ,
             Captain
             Matthews
             came
             to
             Amsterdam
             and
             gave
             an
             account
             there
             ,
             that
             the
             Duke
             of
             Monmouth
             intended
             to
             be
             there
             shortly
             to
             meet
             and
             consult
             with
             my
             Lord
             Argyle
             ,
             who
             ,
             we
             understood
             ,
             then
             was
             preparing
             for
             an
             expedition
             into
             Scotland
             ;
             thereupon
             I
             was
             sent
             into
             Freezland
             to
             desire
             my
             Lord
             Argyle
             to
             come
             to
             Amsterdam
             ,
             which
             he
             did
             ;
             and
             there
             the
             Duke
             of
             Monmouth
             did
             consult
             with
             him
             ,
             and
             they
             did
             agree
             together
             ,
             that
             at
             the
             same
             time
             that
             my
             Lord
             Argyle
             made
             an
             Insurrection
             in
             Scotland
             ,
             the
             Duke
             of
             Monmouth
             should
             Invade
             England
             ,
             and
             to
             that
             end
             ,
             that
             he
             should
             send
             to
             those
             Friends
             he
             had
             in
             England
             to
             be
             ready
             to
             assist
             him
             when
             he
             came
             there
             ;
             and
             in
             order
             to
             it
             ,
             he
             did
             send
             Captain
             Matthews
             ,
             who
             amongst
             other
             things
             ,
             was
             to
             go
             to
             the
             Dukes
             Friends
             in
             Cheshire
             ,
             and
             amongst
             them
             ,
             my
             Lord
             Delamere
             was
             named
             to
             be
             one
             ,
             and
             the
             business
             was
             to
             desire
             them
             to
             be
             ready
             to
             assist
             him
             when
             he
             should
             land
             ;
             accordingly
             Captain
             Matthews
             went
             ;
             but
             a
             little
             after
             his
             going
             away
             ,
             I
             think
             one
             Crag
             came
             over
             ,
             and
             he
             came
             from
             Major
             Wildman
             ,
             and
             his
             business
             was
             to
             endeavour
             a
             good
             understanding
             between
             the
             Duke
             of
             Monmouth
             ,
             and
             my
             Lord
             Argyle
             ,
             who
             were
             then
             at
             some
             difference
             ;
             and
             to
             endeavour
             to
             make
             them
             act
             jointly
             by
             united
             Councils
             ;
             a
             little
             after
             he
             was
             sent
             back
             again
             into
             England
             to
             Major
             Wildman
             ,
             to
             desire
             him
             to
             assist
             them
             with
             some
             Money
             ;
             he
             went
             back
             again
             ,
             and
             returned
             ,
             but
             brought
             no
             Money
             ;
             thereupon
             he
             was
             sent
             again
             ,
             by
             the
             Duke
             of
             Monmouth
             ,
             because
             the
             first
             time
             he
             was
             not
             sent
             by
             him
             ;
             the
             Sum
             demanded
             was
             Six
             Thousand
             Pounds
             ,
             or
             Four
             Thousand
             Pounds
             ,
             and
             at
             last
             he
             sent
             for
             a
             Thousand
             Pound
             ;
             Crag
             returned
             with
             this
             Answer
             ,
             That
             they
             could
             not
             assist
             them
             with
             Money
             ,
             for
             they
             did
             not
             know
             to
             what
             end
             they
             should
             have
             Money
             ,
             but
             to
             buy
             Arms
             ,
             and
             for
             that
             the
             people
             were
             well
             provided
             enough
             already
             ,
             and
             there
             was
             no
             need
             of
             Money
             for
             that
             purpose
             .
             The
             Duke
             of
             Monmouth
             a
             while
             after
             sent
             Mr.
             Crag
             ,
             and
             pawned
             all
             the
             Jewels
             he
             had
             ,
             to
             raise
             Money
             ,
             and
             fitted
             out
             Three
             Ships
             for
             this
             Service
             ,
             laden
             with
             Ammunition
             ,
             and
             because
             he
             had
             promised
             my
             Lord
             Argyle
             to
             make
             a
             diversion
             ,
             in
             England
             ,
             while
             he
             Invaded
             Scotland
             ,
             he
             resolved
             to
             go
             with
             that
             provision
             he
             had
             ,
             and
             desired
             by
             Mr.
             Crag
             ,
             that
             since
             those
             Lords
             and
             Gentlemen
             that
             were
             to
             assist
             them
             ,
             had
             sent
             no
             Money
             ,
             as
             was
             desired
             of
             them
             ,
             and
             expected
             from
             them
             ,
             they
             should
             now
             trouble
             themselves
             with
             no
             further
             needless
             consultations
             ;
             but
             should
             repair
             each
             man
             into
             his
             own
             
             Countrey
             ,
             where
             their
             interest
             was
             greatest
             ,
             to
             be
             ready
             when
             he
             should
             come
             ;
             and
             in
             order
             to
             this
             ,
             the
             Duke
             of
             Monmouth
             did
             set
             sail
             from
             Holland
             ,
             and
             came
             to
             Lyme
             ,
             and
             landed
             there
             ;
             and
             did
             afterwards
             order
             his
             March
             ,
             so
             that
             he
             might
             most
             conveniently
             meet
             with
             his
             Cheshire
             Friends
             ,
             that
             is
             ,
             towards
             Gloucester
             ,
             and
             so
             to
             get
             Gloucester
             Bridg
             ,
             that
             thereby
             gaining
             the
             command
             of
             the
             River
             of
             Severn
             ,
             those
             of
             Cheshire
             ,
             if
             they
             did
             ,
             as
             was
             expected
             ,
             make
             an
             Insurrection
             at
             the
             same
             time
             ,
             they
             might
             easily
             join
             together
             .
             In
             pursuance
             of
             this
             design
             we
             came
             to
             Keinsham
             Bridg
             ,
             and
             there
             a
             party
             of
             the
             Kings
             Horse
             set
             upon
             us
             ,
             and
             we
             took
             some
             Prisoners
             ,
             and
             thereupon
             thought
             it
             advisable
             not
             to
             let
             the
             Kings
             Army
             join
             together
             ,
             but
             to
             go
             back
             and
             engage
             those
             that
             were
             already
             come
             together
             ,
             and
             that
             was
             the
             reason
             we
             did
             not
             go
             over
             the
             Bridg.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Do
             you
             know
             any
             thing
             of
             
             Jones's
             coming
             into
             Holland
             ,
             and
             for
             what
             ?
          
        
         
           
             Mr.
             Wade
             ,
          
           
             My
             Lord
             ,
             I
             had
             forgot
             that
             ;
             a
             little
             before
             Crags
             going
             last
             away
             ,
             Jones
             came
             over
             ,
             and
             his
             business
             was
             to
             know
             why
             we
             staid
             so
             long
             ,
             for
             the
             Duke
             of
             
             Monmouth's
             Friends
             in
             England
             had
             expected
             him
             long
             before
             ,
             and
             he
             was
             dispatch'd
             away
             quickly
             to
             acquaint
             them
             the
             Duke
             was
             coming
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Who
             was
             he
             sent
             to
             ,
             to
             acquaint
             with
             his
             coming
             ?
          
        
         
           
             VVade
             ,
          
           
             To
             Major
             Wildman
             ,
             he
             was
             directed
             to
             Major
             Wildman
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Who
             else
             were
             to
             be
             acquainted
             with
             it
             ?
          
        
         
           
             Wade
             ,
          
           
             Among
             the
             rest
             ,
             my
             Lord
             Delamere
             ,
             my
             Lord
             Macclesfield
             and
             my
             Lord
             Brandon
             were
             to
             be
             acquainted
             that
             he
             was
             coming
             ,
             and
             expected
             that
             they
             should
             raise
             what
             Forces
             they
             could
             to
             assist
             him
             .
          
        
         
           
             Lord
             
               H.
               Stew.
            
             
          
           
             Will
             my
             Lord
             Delamere
             ask
             him
             any
             Questions
             ?
          
        
         
           
             Lord
             Delamere
             ,
          
           
             No
             my
             Lord
             ,
             I
             never
             saw
             his
             Face
             before
             ,
             tat
             I
             know
             of
             .
          
        
         
           
             Lord
             
               H.
               Stew.
            
             
          
           
             Who
             do
             you
             go
             to
             next
             ,
             Mr.
             Attorney
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Next
             we
             call
             
               Richard
               Goodenough
            
             ;
             Swear
             him
             ,
             
               which
               was
               done
               .
            
             That
             which
             I
             would
             know
             of
             you
             ,
             Mr.
             Goodenough
             is
             ,
             Whether
             Jones
             was
             sent
             of
             my
             Message
             ,
             and
             about
             what
             ?
          
        
         
           
             Goodenough
             ,
          
           
             My
             Lord
             ,
             I
             was
             beyond
             Sea
             with
             the
             Duke
             of
             Monmouth
             ,
             and
             Mr.
             Jones
             was
             sent
             (
             among
             other
             persons
             )
             to
             my
             Lord
             Delamere
             to
             give
             him
             notice
             that
             he
             should
             be
             ready
             against
             the
             time
             that
             the
             Duke
             should
             land
             ,
             and
             take
             care
             to
             secure
             himself
             ,
             that
             he
             might
             not
             be
             seized
             here
             in
             Town
             ,
             for
             we
             were
             apprehensive
             such
             a
             thing
             would
             be
             attempted
             .
          
        
         
           
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             directions
             were
             given
             him
             ,
             what
             Lords
             to
             go
             to
             ?
          
        
         
           
             Goodenough
             ,
          
           
             My
             Lord
             ,
             we
             were
             informed
             in
             Holland
             ,
             that
             my
             Lord
             Delamere
             was
             one
             of
             those
             Lords
             that
             had
             promised
             to
             draw
             his
             Sword
             in
             his
             behalf
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Had
             you
             any
             discourse
             with
             the
             Duke
             of
             Monmouth
             about
             it
             at
             any
             time
             ?
          
        
         
           
             Goodenough
             ,
          
           
             Yes
             ,
             I
             have
             discoursed
             with
             the
             Duke
             of
             Monmouth
             several
             times
             .
          
        
         
           
             Lord
             
               H.
               Steward
            
             .
          
           
             Ay
             ,
             what
             did
             he
             say
             to
             you
             about
             it
             ?
          
        
         
           
             Goodenough
             ,
          
           
             My
             Lord
             ,
             he
             said
             (
             among
             other
             things
             )
             that
             he
             hoped
             my
             Lord
             Delamere
             would
             not
             break
             his
             promise
             with
             him
             ?
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             My
             Lord
             Delamere
             ,
             will
             you
             ask
             him
             any
             Questions
             ?
          
        
         
           
             Lord
             Delamere
             ,
          
           
             No
             ,
             my
             Lord
             ,
             I
             never
             saw
             his
             Face
             before
             ,
             that
             I
             know
             of
             ,
             I
             will
             assure
             you
             .
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             That
             is
             pretty
             strange
             ,
             so
             famous
             an
             Under-Sheriff
             of
             London
             and
             Middlesex
             ,
             as
             he
             was
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Then
             swear
             Jones
             ,
             
               which
               was
               done
            
             :
             Pray
             will
             you
             give
             an
             account
             what
             Message
             you
             received
             from
             the
             Duke
             of
             Monmouth
             upon
             your
             going
             over
             into
             Holland
             ,
             and
             to
             whom
             you
             were
             to
             deliver
             it
             ,
             and
             what
             became
             of
             it
             ?
          
        
         
           
             Jones
             ,
          
           
             My
             Lord
             ,
             I
             went
             to
             Holland
             about
             the
             latter
             end
             of
             April
             last
             ;
             my
             going
             ,
             as
             I
             have
             acquainted
             his
             Majesty
             and
             the
             Council
             ,
             was
             not
             only
             about
             this
             Affair
             ,
             for
             I
             had
             other
             business
             that
             called
             me
             thither
             ,
             which
             I
             shall
             not
             now
             take
             up
             your
             time
             ,
             or
             trouble
             you
             with
             repeating
             of
             ;
             but
             having
             some
             knowledg
             from
             Mr.
             Disney
             ,
             that
             there
             were
             some
             intentions
             of
             doing
             something
             ,
             tho
             it
             was
             communicated
             to
             me
             but
             very
             darkly
             ,
             and
             therefore
             that
             little
             I
             did
             know
             ,
             made
             me
             the
             willinger
             to
             go
             for
             Holland
             so
             soon
             as
             I
             did
             ;
             but
             before
             I
             went
             ,
             I
             had
             a
             mind
             to
             understand
             something
             more
             of
             the
             design
             ,
             and
             therefore
             the
             night
             before
             I
             went
             ,
             I
             came
             to
             Mr.
             Disney
             ,
             and
             acquainted
             him
             with
             my
             intended
             Journey
             ;
             Mr.
             Disney
             did
             perswade
             me
             against
             it
             ,
             thinking
             that
             I
             had
             gone
             upon
             this
             account
             ,
             but
             I
             told
             him
             the
             occasion
             ,
             which
             he
             partly
             knew
             ,
             why
             I
             went
             ;
             but
             withal
             I
             told
             him
             ,
             I
             did
             intend
             to
             see
             the
             Duke
             of
             Monmouth
             ,
             and
             if
             he
             had
             any
             Message
             that
             he
             would
             have
             delivered
             to
             him
             ,
             I
             would
             deliver
             it
             very
             safely
             ;
             he
             told
             me
             all
             the
             Message
             I
             should
             deliver
             to
             the
             Duke
             of
             Monmouth
             ,
             if
             I
             saw
             him
             ,
             was
             to
             desire
             him
             to
             keep
             to
             the
             last
             Conclusion
             which
             he
             would
             find
             in
             a
             Letter
             that
             had
             been
             sent
             to
             him
             ,
             and
             that
             if
             he
             had
             not
             yet
             received
             the
             Letter
             ,
             it
             was
             to
             come
             by
             the
             Crop-hair'd
             Merchant
             ,
             or
             the
             Crop-ear'd
             Merchant
             ,
             I
             cannot
             say
             which
             ,
             but
             I
             think
             it
             was
             the
             Crop-hair'd
             ;
             I
             asked
             him
             what
             that
             Message
             was
             ,
             lest
             the
             Letter
             should
             miscarry
             ,
             for
             I
             
             told
             him
             ,
             if
             I
             should
             go
             to
             the
             Duke
             of
             Monmouth
             ,
             and
             refer
             him
             to
             a
             Letter
             wherein
             a
             Message
             was
             to
             be
             brought
             him
             ,
             which
             he
             was
             to
             keep
             to
             ,
             and
             that
             Letter
             should
             miscarry
             ,
             I
             should
             in
             effect
             bring
             no
             message
             at
             all
             to
             him
             ;
             my
             Lord
             ,
             thereupon
             he
             told
             me
             ,
             that
             I
             should
             acquaint
             the
             Duke
             of
             Monmouth
             that
             his
             Friends
             in
             England
             would
             not
             by
             any
             means
             have
             him
             come
             for
             England
             ,
             but
             that
             he
             should
             continue
             where
             he
             was
             ,
             or
             if
             he
             thought
             good
             to
             go
             for
             Scotland
             ,
             they
             approved
             of
             it
             ;
             this
             is
             the
             sum
             of
             what
             he
             said
             to
             me
             ,
             as
             near
             as
             I
             can
             remember
             .
             When
             I
             came
             to
             Amsterdam
             ,
             there
             was
             one
             Mr
             〈◊〉
             that
             was
             kill'd
             at
             
               Philips
               Norton
            
             ,
             went
             with
             me
             to
             the
             Duke
             of
             
             Monmouth's
             ,
             and
             when
             I
             came
             to
             him
             ,
             I
             acquainted
             him
             ,
             as
             Mr.
             Disney
             appointed
             me
             to
             do
             ,
             that
             there
             was
             such
             a
             letter
             sent
             by
             such
             a
             person
             ,
             and
             that
             such
             a
             Message
             was
             included
             in
             it
             ;
             My
             Lord
             ,
             he
             was
             in
             a
             great
             passion
             ,
             I
             know
             not
             how
             to
             express
             it
             ,
             and
             seemed
             to
             be
             very
             much
             troubled
             ,
             and
             did
             reflect
             very
             much
             upon
             Major
             Wildman
             ,
             and
             said
             ,
             that
             was
             
             Wildman's
             work
             ,
             and
             he
             said
             ,
             (
             as
             I
             think
             that
             was
             the
             word
             he
             used
             )
             Wildman
             was
             a
             Villain
             ,
             or
             to
             that
             purpose
             ;
             but
             withal
             he
             said
             it
             was
             too
             late
             to
             send
             such
             a
             message
             now
             ,
             and
             that
             he
             was
             resolved
             to
             come
             for
             England
             ;
             and
             he
             would
             make
             VVildman
             hang
             with
             him
             ,
             or
             fight
             for
             it
             ,
             with
             him
             ;
             that
             Wildman
             did
             think
             by
             tying
             his
             own
             purse
             ,
             he
             should
             tye
             his
             hand
             ,
             but
             he
             should
             find
             it
             should
             not
             be
             so
             ,
             and
             some
             other
             words
             of
             the
             like
             nature
             ,
             he
             used
             ;
             but
             this
             is
             the
             substance
             of
             what
             he
             said
             ;
             he
             gave
             some
             account
             what
             preparations
             had
             been
             made
             ,
             he
             said
             Money
             was
             very
             short
             ,
             and
             he
             had
             been
             fain
             to
             pawn
             all
             he
             had
             to
             raise
             what
             Money
             was
             raised
             ,
             upon
             his
             own
             charge
             .
             He
             asked
             me
             if
             I
             did
             think
             to
             return
             to
             England
             shortly
             ;
             I
             told
             him
             if
             he
             had
             any
             service
             to
             command
             me
             for
             England
             ,
             I
             had
             some
             little
             business
             to
             do
             at
             Rotterdam
             ,
             which
             I
             would
             dispatch
             ,
             and
             then
             I
             would
             perform
             his
             Commands
             ;
             he
             told
             me
             ,
             he
             would
             be
             glad
             I
             did
             return
             as
             soon
             as
             I
             could
             for
             England
             ,
             and
             that
             this
             should
             be
             the
             Message
             I
             should
             carry
             to
             Wildman
             in
             answer
             to
             the
             Message
             he
             had
             sent
             him
             ,
             That
             he
             would
             come
             for
             England
             ,
             and
             he
             should
             either
             fight
             with
             him
             ,
             or
             hang
             with
             him
             ,
             and
             that
             was
             all
             he
             had
             to
             say
             to
             him
             .
             I
             was
             coming
             away
             from
             him
             ,
             but
             he
             stopped
             me
             ,
             and
             told
             me
             he
             would
             not
             have
             me
             go
             out
             of
             Town
             till
             he
             had
             spoke
             with
             me
             again
             ;
             this
             was
             upon
             the
             Sunday
             ,
             accordingly
             I
             did
             go
             in
             the
             Evening
             to
             him
             ,
             and
             when
             I
             came
             ,
             he
             told
             me
             ,
             he
             would
             have
             me
             stay
             till
             Tuesday
             Morning
             ,
             for
             he
             was
             going
             out
             of
             Town
             ,
             and
             intended
             to
             be
             back
             again
             at
             that
             time
             ,
             but
             if
             not
             ,
             I
             should
             receive
             from
             my
             Lord
             Gray
             what
             he
             had
             to
             say
             to
             me
             .
             He
             did
             not
             come
             upon
             the
             Tuesday
             ,
             but
             my
             Lord
             Gray
             did
             come
             ,
             and
             I
             think
             to
             the
             best
             of
             my
             remembrance
             Mr.
             Crag
             was
             with
             me
             ;
             he
             told
             me
             all
             he
             had
             to
             say
             was
             ,
             That
             the
             Duke
             intended
             
             to
             be
             in
             England
             within
             Nine
             days
             ,
             and
             that
             upon
             the
             Thursday
             seven-night
             after
             I
             came
             away
             ,
             the
             Duke
             would
             be
             in
             England
             ;
             and
             he
             bid
             me
             to
             remember
             to
             tell
             Brand
             that
             when
             he
             heard
             the
             Duke
             was
             landed
             ,
             he
             should
             acquaint
             Sir
             
               Robert
               Payton
            
             with
             it
             ,
             but
             not
             till
             he
             was
             landed
             ;
             for
             tho
             they
             did
             think
             that
             he
             would
             join
             with
             them
             when
             the
             thing
             was
             begun
             ,
             yet
             they
             ought
             to
             be
             careful
             who
             it
             was
             communicated
             to
             ,
             for
             fear
             it
             should
             be
             discovered
             and
             disappointed
             ;
             this
             was
             all
             that
             I
             had
             in
             command
             from
             my
             Lord
             Gray
             .
             I
             came
             to
             Rotterdam
             ,
             and
             dispatch'd
             my
             business
             there
             ,
             and
             would
             have
             come
             away
             ,
             but
             it
             happened
             there
             were
             no
             Ships
             coming
             for
             England
             ,
             nor
             would
             there
             be
             any
             in
             a
             Fortnights
             time
             ;
             thereupon
             I
             returned
             to
             Amsterdam
             ;
             when
             I
             came
             back
             ,
             I
             went
             to
             see
             the
             Duke
             to
             give
             him
             an
             account
             how
             it
             happened
             that
             I
             was
             not
             gone
             for
             England
             ;
             the
             Duke
             told
             me
             he
             was
             glad
             I
             was
             not
             gone
             ;
             for
             now
             he
             had
             a
             further
             Message
             for
             me
             to
             carry
             ,
             and
             he
             would
             have
             me
             stay
             2
             or
             3
             days
             in
             Town
             for
             it
             ;
             I
             staid
             three
             days
             ,
             and
             came
             again
             to
             him
             ,
             but
             he
             told
             me
             he
             was
             not
             ready
             for
             me
             yet
             ;
             then
             I
             stayed
             two
             or
             three
             days
             longer
             till
             the
             21
             st
             of
             May
             to
             the
             best
             of
             my
             remembrance
             ;
             it
             was
             upon
             a
             Thursday
             that
             he
             gave
             me
             the
             Message
             that
             I
             was
             to
             bring
             into
             England
             ;
             I
             came
             to
             him
             in
             the
             Morning
             ,
             and
             he
             told
             me
             I
             should
             come
             to
             him
             upon
             the
             Evening
             of
             that
             day
             ,
             and
             when
             I
             came
             ,
             there
             was
             a
             Paper
             lay
             before
             him
             on
             the
             Table
             ,
             and
             he
             took
             the
             Paper
             and
             sealed
             it
             up
             ,
             I
             cannot
             say
             he
             wrote
             all
             that
             was
             in
             that
             Paper
             ,
             but
             the
             Paper
             that
             lay
             before
             him
             was
             not
             finished
             when
             I
             came
             in
             ,
             and
             that
             he
             did
             not
             write
             while
             I
             was
             there
             ,
             I
             am
             sure
             ;
             but
             he
             took
             it
             up
             and
             sealed
             it
             before
             me
             ,
             and
             when
             he
             had
             sealed
             the
             Paper
             ,
             he
             told
             me
             ,
             I
             must
             assoon
             as
             I
             came
             for
             London
             ,
             see
             for
             Captain
             Matthews
             ,
             Sir
             Thomas
             Armstrong's
             Son
             in
             Law
             ,
             who
             lodged
             at
             Mr.
             
             Blake's
             in
             Covent-Garden
             ,
             and
             desire
             him
             to
             acquaint
             my
             Lord
             Macclesfield
             ,
             my
             Lord
             Brandon
             ,
             and
             my
             Lord
             Delamere
             with
             his
             design
             of
             coming
             for
             England
             ,
             and
             that
             he
             was
             resolved
             to
             set
             out
             upon
             the
             Saturday
             Morning
             after
             I
             came
             away
             ,
             which
             was
             upon
             the
             Friday
             ;
             he
             told
             me
             Captain
             Matthews
             was
             to
             send
             one
             Post
             to
             that
             place
             that
             was
             named
             in
             the
             Note
             to
             receive
             Intelligence
             of
             his
             landing
             ,
             and
             that
             should
             be
             brought
             to
             his
             Friends
             here
             immediately
             (
             he
             designed
             should
             be
             24
             Hours
             before
             the
             Court
             had
             notice
             of
             it
             in
             Town
             )
             ,
             and
             those
             Lords
             were
             to
             be
             in
             readiness
             ,
             that
             as
             soon
             as
             they
             knew
             he
             was
             landed
             ,
             they
             might
             repair
             to
             their
             several
             Posts
             to
             assist
             him
             .
             I
             told
             him
             that
             I
             would
             deliver
             what
             Message
             he
             gave
             me
             ,
             and
             asked
             him
             ,
             what
             I
             was
             to
             do
             with
             the
             Paper
             he
             put
             into
             my
             hands
             ;
             thereupon
             ,
             as
             near
             as
             I
             remember
             ,
             he
             used
             these
             expressions
             to
             me
             ,
             I
             do
             by
             you
             ,
             as
             Princes
             do
             by
             their
             Admirals
             ,
             when
             they
             send
             them
             out
             upon
             any
             considerable
             expedition
             ,
             which
             requires
             secrecy
             in
             the
             management
             of
             it
             ,
             they
             have
             their
             Commission
             delivered
             
             to
             them
             sealed
             up
             ,
             which
             they
             are
             not
             to
             break
             open
             till
             they
             are
             at
             Sea.
             So
             here
             I
             deliver
             you
             your
             Instructions
             sealed
             up
             ,
             which
             you
             are
             not
             to
             open
             till
             you
             are
             at
             Sea
             ;
             and
             when
             you
             have
             opened
             them
             ,
             and
             read
             what
             is
             contained
             in
             them
             ,
             I
             would
             have
             you
             tear
             the
             Paper
             ,
             and
             throw
             it
             into
             the
             Sea
             ,
             or
             otherwise
             dispose
             of
             it
             ,
             lest
             you
             be
             surprized
             and
             searched
             at
             your
             landing
             ,
             and
             my
             Papers
             found
             about
             you
             .
             My
             Lord
             ,
             I
             asked
             him
             ,
             because
             I
             would
             be
             as
             punctual
             in
             my
             Message
             as
             I
             could
             ,
             what
             those
             Lords
             were
             to
             do
             ,
             when
             they
             came
             out
             of
             Town
             ,
             whether
             they
             should
             come
             directly
             to
             him
             or
             no
             ;
             he
             told
             me
             no
             ,
             not
             that
             ,
             but
             they
             should
             go
             into
             the
             Countrey
             ,
             and
             secure
             their
             Interest
             for
             him
             there
             .
             I
             asked
             him
             then
             ,
             if
             Captain
             Matthews
             be
             out
             of
             the
             way
             ,
             and
             I
             be
             disappointed
             of
             meeting
             with
             him
             ,
             shall
             I
             deliver
             this
             Message
             to
             the
             Lords
             my self
             ;
             he
             told
             me
             no
             ,
             by
             no
             means
             ,
             for
             those
             Lords
             were
             Persons
             of
             Quality
             ,
             and
             that
             that
             was
             not
             a
             thing
             to
             be
             done
             by
             me
             ;
             what
             shall
             I
             then
             do
             ,
             my
             Lord
             ,
             said
             I
             ,
             if
             Captain
             Matthews
             be
             out
             of
             the
             way
             ?
             you
             need
             not
             question
             that
             ,
             saith
             he
             ,
             but
             if
             you
             meet
             not
             with
             Matthews
             ,
             speak
             to
             Wildman
             .
          
           
             My
             Lord
             ,
             with
             these
             instructions
             (
             and
             this
             as
             near
             as
             I
             can
             remember
             is
             the
             Sum
             of
             all
             he
             said
             to
             me
             )
             I
             came
             away
             ,
             and
             came
             to
             Sea
             ;
             when
             I
             was
             out
             at
             Sea
             ,
             I
             broke
             open
             the
             Letter
             that
             I
             had
             given
             me
             by
             the
             Duke
             ,
             and
             I
             will
             tell
             you
             as
             near
             as
             I
             can
             ,
             what
             were
             the
             Contents
             of
             it
             ;
             there
             was
             written
             in
             it
             to
             this
             Effect
             :
          
           
             TAUNTON
             in
             Somersetshire
             
               is
               the
               place
               to
               which
               all
               are
               to
               resort
               ;
               the
               Persons
               to
               be
               acquainted
               with
               the
               time
               of
               landing
               ,
               are
               the
               Lord
            
             Macclesfield
             ,
             
               the
               Lord
            
             Brandon
             ,
             
               and
               the
               Lord
            
             Delamere
             ;
             
               the
               place
               to
               send
               the
               Coach
               to
               ,
               is
               to
            
             Taunton
             to
             Mr.
             Savages
             
               House
               at
               the
            
             Red
             Lyon
             ;
             
               the
               place
               where
               the
               Post
               was
               appointed
               to
               return
               ,
               was
               Captain
            
             Matthews
             
               Lodging
               ,
               at
            
             Mr.
             Blake
             
               's
               ,
               and
               he
               was
               to
               receive
               the
               message
               ,
               or
               if
               he
               did
               not
               ,
               he
               was
               to
               appoint
               one
               that
               should
               receive
               it
               ;
               or
               if
               it
               were
               to
               return
               to
               any
               other
               place
               ,
               that
               was
               left
               to
               him
               to
               do
               as
               he
               thought
               fit
               .
            
             And
             this
             was
             all
             ,
             as
             near
             as
             I
             can
             remember
             ;
             when
             I
             had
             seen
             this
             ,
             I
             came
             to
             London
             ,
             and
             being
             very
             weary
             and
             tired
             ,
             when
             I
             came
             home
             ,
             I
             went
             to
             Bed
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             tell
             the
             Court
             as
             near
             as
             you
             can
             ,
             what
             day
             it
             was
             you
             came
             ?
          
        
         
           
             Jones
             .
          
           
             I
             came
             out
             of
             Holland
             the
             22
             d
             of
             May
             ,
             I
             came
             home
             the
             27
             th
             ,
             and
             looking
             upon
             my
             Almanack
             ,
             I
             find
             that
             it
             was
             the
             Wednesday
             Fortnight
             before
             the
             Duke
             landed
             ,
             that
             I
             came
             ;
             when
             I
             was
             come
             home
             ,
             I
             sent
             for
             Mr.
             Disney
             ,
             and
             he
             came
             to
             me
             immediately
             ;
             I
             told
             him
             I
             had
             seen
             the
             Duke
             ,
             and
             desired
             that
             he
             would
             help
             me
             to
             the
             speech
             of
             Captain
             Matthews
             ;
             he
             told
             me
             he
             was
             out
             of
             Town
             too
             ;
             then
             I
             desired
             to
             speak
             with
             Major
             Wildman
             ,
             
             he
             told
             me
             he
             was
             gone
             out
             of
             Town
             too
             ;
             then
             I
             told
             him
             I
             must
             deliver
             my
             Message
             to
             him
             ,
             and
             I
             told
             him
             this
             message
             as
             I
             have
             told
             your
             Lordships
             before
             ,
             and
             therefore
             left
             it
             to
             him
             to
             convey
             it
             to
             the
             knowledg
             of
             those
             Lords
             that
             were
             concerned
             ;
             he
             did
             seem
             to
             be
             unwilling
             ,
             and
             told
             me
             he
             did
             not
             know
             how
             to
             communicate
             it
             to
             those
             Lords
             ,
             and
             asked
             me
             why
             I
             would
             not
             deliver
             the
             Message
             my self
             ;
             I
             told
             him
             I
             did
             ask
             the
             Duke
             of
             Monmouth
             that
             very
             question
             ,
             whether
             I
             might
             ,
             and
             he
             had
             forbid
             me
             ,
             and
             ordered
             me
             to
             deliver
             it
             either
             to
             Captan
             Matthews
             ,
             or
             to
             Major
             Wildman
             ;
             and
             since
             they
             were
             absent
             ,
             I
             knew
             not
             any
             to
             communicate
             it
             to
             ,
             but
             only
             to
             him
             ,
             in
             order
             to
             their
             having
             notice
             of
             it
             .
             He
             told
             me
             he
             would
             do
             what
             he
             could
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             who
             were
             present
             when
             you
             had
             this
             Discourse
             with
             Disney
             ?
          
        
         
           
             Jones
             ,
          
           
             There
             was
             none
             present
             but
             himself
             then
             ,
             for
             it
             was
             the
             first
             time
             that
             I
             spoke
             with
             him
             after
             I
             came
             from
             Holland
             ;
             I
             told
             him
             there
             was
             a
             Post
             to
             go
             to
             receive
             intelligence
             ,
             which
             should
             bring
             notice
             of
             his
             landing
             ,
             24
             Hours
             before
             it
             could
             be
             known
             at
             Whitehall
             ,
             and
             therefore
             it
             were
             fit
             they
             should
             be
             in
             a
             readiness
             ;
             he
             did
             scruple
             at
             it
             ,
             and
             said
             he
             did
             not
             know
             where
             to
             get
             any
             one
             that
             could
             convey
             the
             Message
             to
             them
             ,
             but
             he
             would
             do
             what
             he
             could
             ;
             and
             concluded
             to
             meet
             at
             night
             in
             Smithfield
             ,
             and
             he
             did
             so
             ,
             and
             there
             were
             two
             Persons
             with
             him
             ,
             Mr.
             Crag
             ,
             and
             Mr.
             Lisle
             ,
             and
             another
             ,
             I
             think
             his
             name
             was
             Brand
             ,
             and
             he
             took
             me
             and
             Brand
             aside
             ,
             and
             did
             ask
             me
             where
             was
             the
             place
             that
             the
             Post
             was
             to
             go
             ;
             I
             told
             him
             where
             ,
             and
             then
             he
             did
             discourse
             of
             the
             Dukes
             coming
             over
             ,
             but
             I
             mentioned
             not
             any
             thing
             of
             the
             Lords
             ,
             but
             only
             to
             Disney
             ;
             and
             after
             an
             hours
             talk
             or
             thereabouts
             ,
             we
             parted
             .
             I
             saw
             Mr.
             Disney
             once
             afterwards
             ,
             but
             what
             he
             did
             with
             the
             Message
             I
             cannot
             tell
             ,
             he
             gave
             me
             no
             account
             of
             it
             ;
             I
             did
             indeed
             before
             I
             went
             out
             of
             Town
             see
             him
             at
             the
             Half-Moon
             Tavern
             in
             〈◊〉
             I
             went
             out
             of
             Town
             ,
             and
             met
             the
             Duke
             of
             Monmouth
             at
             Lyme
             where
             he
             Landed
             ,
             and
             when
             I
             came
             to
             him
             ,
             I
             told
             him
             what
             I
             had
             done
             with
             my
             Message
             ,
             and
             how
             it
             happened
             that
             I
             could
             not
             deliver
             it
             to
             the
             persons
             that
             he
             had
             ordered
             ;
             the
             Duke
             told
             me
             he
             was
             satisfied
             that
             I
             had
             done
             what
             I
             could
             ,
             but
             seemed
             to
             be
             troubled
             that
             Matthews
             was
             out
             of
             Town
             .
             And
             this
             is
             the
             sum
             of
             what
             passed
             in
             my
             knowledg
             as
             near
             as
             I
             can
             remember
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Had
             you
             no
             discourse
             with
             Disney
             what
             he
             had
             done
             with
             the
             Message
             ,
             when
             you
             met
             at
             Smithfield
             ?
          
        
         
           
             Jones
             ,
          
           
             No
             ,
             because
             those
             men
             were
             Strangers
             to
             me
             ,
             and
             I
             had
             never
             seen
             them
             before
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             But
             afterwards
             had
             you
             no
             discourse
             with
             Brand
             nor
             Lisle
             about
             it
             .
          
        
         
           
             Jones
             ,
          
           
             No
             not
             at
             all
             :
             Brand
             I
             never
             spoke
             but
             once
             with
             ,
             and
             Lisle
             would
             not
             own
             that
             he
             was
             the
             man
             that
             was
             there
             .
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Have
             you
             any
             more
             questions
             to
             ask
             him
             ,
             Mr.
             Attorney
             ?
          
        
         
           
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             My
             Lord
             Delamere
             ,
             will
             your
             Lordship
             ask
             him
             any
             questions
             ?
          
        
         
           
             Lord
             Delamere
             ,
          
           
             No
             ,
             my
             Lord
             ,
             I
             never
             saw
             his
             face
             before
             this
             time
             ,
             that
             I
             know
             of
             ,
             in
             my
             life
             .
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Then
             who
             do
             you
             call
             next
             ,
             Mr.
             Attorney
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             The
             next
             Witness
             that
             we
             call
             ,
             my
             Lord
             ,
             is
             Story
             ,
          
        
         
           Who
           was
           sworn
           .
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Well
             ,
             what
             do
             you
             ask
             him
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Mr.
             Story
             ,
             pray
             will
             you
             give
             an
             account
             what
             notice
             you
             had
             of
             
             Jones's
             message
             ,
             and
             what
             was
             done
             upon
             it
             ,
             and
             what
             discourse
             you
             had
             with
             any
             body
             concerning
             my
             Lord
             Delamere
             ,
             the
             Prisoner
             at
             the
             Bar
             ,
             and
             with
             whom
             ?
          
        
         
           
             Story
             ,
          
           
             My
             Lord
             ,
             I
             had
             notice
             of
             it
             by
             one
             that
             lived
             at
             Bishopsgate
             ,
             who
             told
             me
             the
             28
             th
             of
             May
             last
             ,
             that
             Mr.
             Jones
             was
             returned
             home
             from
             Holland
             upon
             a
             message
             from
             the
             Duke
             of
             Monmouth
             ,
             and
             that
             he
             had
             agreed
             to
             go
             to
             Taunton
             ,
             and
             there
             he
             expected
             Mr.
             Dare
             or
             Mr.
             Williams
             to
             bring
             an
             account
             that
             the
             Duke
             was
             landed
             ;
             and
             he
             said
             that
             Mr.
             
             Jones's
             message
             was
             delivered
             to
             Disney
             in
             the
             absence
             of
             Captain
             Matthews
             ,
             who
             was
             out
             of
             Town
             ;
             that
             after
             Disney
             had
             received
             the
             message
             from
             Jones
             ,
             he
             went
             and
             had
             some
             discourse
             with
             my
             Lord
             Delamere
             ,
             and
             that
             that
             night
             my
             Lord
             Delamere
             went
             out
             of
             Town
             with
             two
             Friends
             ,
             and
             went
             a
             by-way
             through
             Enfield
             Chase
             ,
             towards
             Hatfield
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             when
             was
             it
             you
             went
             out
             of
             Town
             ,
             Story
             ?
          
        
         
           
             Story
             ,
          
           
             The
             28
             th
             of
             May.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Who
             went
             out
             of
             Town
             with
             you
             ?
          
        
         
           
             Story
             ,
          
           
             No
             body
             ,
             but
             I
             overtook
             Mr.
             Brand
             that
             Evening
             .
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Pray
             repeat
             what
             it
             was
             he
             acquainted
             you
             with
             ?
          
        
         
           
             Story
             ,
          
           
             He
             told
             me
             that
             the
             day
             before
             ,
             Jones
             was
             returned
             home
             with
             a
             message
             from
             Holland
             ,
             which
             message
             was
             to
             be
             delivered
             to
             Captain
             Matthews
             ,
             but
             in
             his
             absence
             Disney
             received
             it
             ,
             and
             that
             Evening
             after
             he
             had
             discoursed
             with
             my
             Lord
             Delamere
             ,
             my
             Lord
             that
             night
             went
             out
             of
             Town
             ,
             and
             two
             Friends
             of
             mine
             he
             said
             went
             with
             him
             ,
             and
             did
             convey
             him
             away
             by
             a
             by-way
             through
             Enfield
             Chase
             towards
             Hatfield
             .
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Have
             you
             any
             more
             questions
             to
             ask
             him
             ,
             Mr.
             Attorney
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             ,
             Sir
             ,
             had
             you
             any
             discourse
             with
             the
             late
             Duke
             of
             Monmouth
             at
             
               Shepton
               Mallet
            
             ?
             and
             about
             what
             ?
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             By
             the
             way
             ,
             Friend
             ,
             where
             is
             that
             Brand
             that
             you
             speak
             of
             ?
          
        
         
           
             Story
             ,
          
           
             He
             is
             kill'd
             ;
             I
             did
             not
             see
             him
             dye
             ,
             but
             he
             is
             said
             to
             be
             kill'd
             at
             Keinsham
             Bridg.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             what
             discourse
             had
             you
             with
             the
             late
             Duke
             of
             Monmouth
             about
             the
             Prisoner
             at
             the
             Bar
             ?
          
        
         
           
             Story
             ,
          
           
             I
             heard
             the
             late
             Duke
             of
             Monmouth
             say
             at
             
               Shepton
               Mallet
            
             ,
             that
             
             his
             great
             dependance
             was
             upon
             my
             Lord
             Delamere
             and
             his
             friends
             in
             Cheshire
             ,
             but
             he
             was
             afraid
             they
             had
             failed
             him
             ,
             or
             betray'd
             him
             ,
             or
             some
             such
             word
             he
             used
             ,
             and
             he
             said
             he
             could
             have
             been
             supply'd
             otherwise
             ,
             but
             that
             he
             had
             a
             dependance
             upon
             them
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             what
             Office
             had
             you
             under
             the
             Duke
             of
             Monmouth
             ?
          
        
         
           
             Story
             ,
          
           
             I
             was
             Commissary
             General
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Well
             ,
             we
             have
             done
             with
             you
             .
          
        
         
           
             L
             d.
             H.
             St.
             
          
           
             Will
             you
             ask
             him
             any
             questions
             ,
             my
             Lord
             Delamere
             ?
          
        
         
           
             Ld.
             Del.
             
          
           
             If
             your
             Grace
             please
             I
             have
             a
             question
             to
             ask
             him
             .
          
        
         
           
             L
             d.
             H.
             St.
             
          
           
             Ay
             ,
             with
             all
             my
             heart
             ;
             what
             question
             you
             will
             ,
             my
             Lord.
             
          
        
         
           
             Ld.
             Del.
             
          
           
             My
             Lord
             ,
             I
             desire
             to
             know
             whether
             he
             knows
             one
             Saxon.
             
          
        
         
           
             St.
             
          
           
             What
             Saxon
             does
             your
             L
             shp
             .
             mean
             ,
             one
             that
             was
             in
             the
             Army
             ?
          
        
         
           
             Lord
             Delamere
             ,
          
           
             Yes
             ,
             one
             
               Thomas
               Saxon.
            
             
          
        
         
           
             Story
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             I
             knew
             him
             a
             Prisoner
             in
             Dorchester
             Prison
             ,
             where
             I
             was
             a
             Prisoner
             my self
             .
          
        
         
           
             Ld.
             H.
             St.
             
          
           
             Has
             your
             Lordship
             nothing
             more
             to
             ask
             him
             but
             that
             ?
          
        
         
           
             Lord.
             Delamere
             ,
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Now
             ,
             my
             Lord
             ,
             we
             call
             some
             persons
             to
             prove
             ,
             that
             that
             very
             night
             when
             Jones
             came
             to
             Town
             ,
             my
             Lord
             Delamere
             the
             Prisoner
             at
             the
             Bar
             goes
             out
             of
             Town
             without
             any
             servant
             ,
             changes
             his
             name
             ,
             and
             goes
             a
             by-way
             :
             Swear
             Vaux
             and
             Edlin
             ?
          
        
         
           Vaux
           was
           sworn
           .
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Well
             ,
             what
             says
             this
             man
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             give
             my
             Lords
             an
             account
             whether
             you
             went
             out
             of
             Town
             with
             my
             Lord
             Delamere
             ,
             and
             when
             ?
          
        
         
           
             Vaux
             ,
          
           
             My
             Lord
             ,
             perhaps
             I
             may
             not
             remember
             the
             very
             words
             that
             I
             gave
             my
             Evidence
             in
             before
             ,
             but
             I
             will
             repeat
             the
             Substance
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             It
             is
             not
             so
             long
             ago
             ,
             but
             you
             may
             easily
             recollect
             your self
             ;
             pray
             what
             day
             was
             it
             that
             my
             L.
             Delamere
             sent
             for
             you
             ?
          
        
         
           
             Vaux
             ,
          
           
             The
             26
             th
             day
             of
             May
             ,
             and
             I
             went
             out
             of
             Town
             the
             27
             th
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             You
             are
             upon
             your
             Oath
             ,
             and
             you
             must
             remember
             you
             are
             sworn
             to
             tell
             the
             Truth
             ,
             the
             whole
             Truth
             ,
             and
             nothing
             but
             the
             Truth
             .
          
        
         
           
             Vaux
             ,
          
           
             Sir
             I
             shall
             take
             care
             to
             do
             it
             as
             far
             as
             I
             can
             remember
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Whither
             was
             it
             that
             he
             sent
             for
             you
             ?
          
        
         
           
             Vaux
             ,
          
           
             To
             the
             Rummer
             Tavern
             in
             Queenstreet
             ,
             and
             the
             next
             day
             I
             went
             out
             of
             Town
             with
             him
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             day
             of
             the
             Month
             did
             you
             go
             out
             of
             Town
             ?
          
        
         
           
             Vaux
             ,
          
           
             It
             was
             the
             27
             th
             day
             of
             May.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             time
             of
             the
             night
             was
             it
             you
             went
             out
             of
             London
             ?
          
        
         
           
             Vaux
             ,
          
           
             It
             was
             about
             9
             or
             10
             of
             the
             Clock
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             name
             did
             my
             Lord
             Delamere
             then
             go
             by
             ?
          
        
         
           
             Vaux
             ,
          
           
             He
             went
             by
             the
             name
             of
             Brown.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             ,
             I
             would
             acquaint
             your
             Grace
             that
             this
             is
             an
             unwilling
             Witness
             ,
             and
             we
             are
             forc'd
             to
             pump
             all
             out
             of
             him
             by
             questions
             ?
          
        
         
           
             Vaux
             ,
          
           
             I
             do
             tell
             you
             the
             truth
             of
             all
             that
             I
             know
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             How
             far
             did
             you
             ride
             that
             night
             ?
          
        
         
           
             Vaux
             ,
          
           
             To
             Hoddesden
             .
          
        
         
           
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             time
             did
             you
             get
             thither
             ?
          
        
         
           
             Vaux
             ,
          
           
             About
             12
             of
             the
             Clock
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Whither
             did
             you
             go
             then
             ?
          
        
         
           
             Va.
             
          
           
             We
             went
             to
             Hitchen
             ,
             and
             I
             return'd
             back
             again
             the
             next
             day
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Whither
             was
             my
             Lord
             Delamere
             going
             then
             ?
          
        
         
           
             Vaux
             .
          
           
             To
             see
             his
             Son
             that
             was
             sick
             in
             the
             Countrey
             .
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             What
             he
             told
             you
             so
             ,
             did
             he
             ?
          
        
         
           
             Vaux
             ,
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             other
             Company
             went
             with
             you
             ?
          
        
         
           
             Vaux
             ,
          
           
             Two
             Gentlemen
             ,
             the
             one
             I
             knew
             ,
             th'
             other
             I
             did
             not
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             was
             the
             name
             of
             him
             you
             did
             know
             ?
          
        
         
           
             Vaux
             ,
          
           
             It
             was
             Edlin
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             was
             that
             the
             direct
             Road
             to
             Cheshire
             that
             you
             went
             ?
          
        
         
           
             Vaux
             ,
          
           
             We
             made
             it
             our
             way
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             You
             made
             it
             your
             way
             ;
             but
             I
             ask
             you
             whether
             it
             be
             the
             best
             way
             ?
          
        
         
           
             Vaux
             ,
          
           
             It
             is
             the
             freest
             Rode
             from
             dust
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             But
             I
             ask
             you
             a
             plain
             Question
             ,
             upon
             your
             Oath
             is
             it
             the
             best
             way
             into
             Cheshire
             ?
          
        
         
           
             Vaux
             ,
          
           
             Truly
             ,
             my
             Lord
             ,
             I
             do
             not
             know
             that
             .
          
        
         
           
             Lord
             
               H.
               Stew.
            
             
          
           
             Pray
             who
             gave
             you
             directions
             to
             call
             my
             Lord
             Delamere
             by
             the
             name
             of
             Brown
             ?
          
        
         
           
             Vaux
             ,
          
           
             Himself
             ,
             my
             Lord.
             
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Was
             that
             the
             first
             time
             my
             Lord
             went
             by
             that
             name
             ,
             as
             you
             know
             of
             ?
          
        
         
           
             Vaux
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             I
             never
             heard
             that
             he
             was
             called
             by
             that
             name
             till
             that
             time
             .
          
        
         
           
             L.
             Del.
             
          
           
             I
             was
             called
             by
             the
             name
             of
             Brown
             at
             that
             time
             ,
             and
             I
             will
             give
             your
             Grace
             an
             account
             by
             and
             by
             of
             the
             reason
             of
             it
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Has
             your
             Lordship
             any
             Question
             to
             ask
             him
             ?
          
        
         
           
             L.
             Del.
             
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Then
             go
             on
             to
             the
             next
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Our
             next
             Witness
             is
             Edlin
             ,
             pray
             swear
             him
             
               which
               was
               done
            
             .
             Pray
             will
             you
             give
             my
             Lords
             and
             the
             Court
             an
             account
             whither
             you
             went
             with
             my
             Lord
             Delamere
             out
             of
             Town
             ,
             and
             when
             ?
          
        
         
           
             Edlin
             ,
          
           
             The
             27
             th
             of
             May
             last
             ,
             I
             was
             at
             the
             
             Custom-House
             ,
             and
             there
             came
             Mr.
             Vaux
             ,
             the
             Gentleman
             that
             was
             here
             last
             ,
             who
             told
             me
             he
             was
             going
             out
             of
             Town
             as
             far
             as
             Hitchen
             ,
             and
             asked
             me
             to
             go
             along
             with
             him
             ;
             he
             said
             he
             was
             to
             go
             that
             evening
             ;
             I
             asked
             him
             what
             time
             he
             intended
             to
             return
             ?
             he
             told
             me
             he
             was
             resolved
             to
             return
             the
             next
             day
             .
             I
             told
             him
             ,
             then
             I
             would
             go
             along
             with
             him
             ,
             and
             we
             appointed
             the
             place
             of
             meeting
             to
             be
             at
             the
             
             Bell-Inn
             in
             Coleman-Street
             ;
             when
             I
             came
             there
             ,
             he
             said
             there
             was
             a
             friend
             that
             was
             going
             along
             with
             him
             ,
             one
             Mr.
             Brown
             ,
             we
             went
             as
             far
             as
             Hoddesden
             that
             night
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             Mr.
             Edlin
             ,
             will
             you
             look
             upon
             that
             Gentleman
             that
             stands
             at
             the
             Bar
             ;
             is
             that
             he
             that
             went
             by
             the
             name
             of
             Brown
             ?
          
        
         
           
             Edlin
             ,
          
           
             Yes
             ,
             my
             Lord
             ,
             that
             is
             he
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Well
             then
             ,
             what
             time
             did
             you
             set
             out
             ?
          
        
         
           
             Edlin
             ,
          
           
             It
             was
             very
             near
             nine
             of
             the
             Clock
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             when
             was
             it
             that
             Vaux
             met
             you
             at
             the
             
             Custom-House
             ?
          
        
         
           
           
             Edlin
             ,
          
           
             It
             was
             about
             10
             of
             the
             Clock
             in
             the
             morning
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Pray
             did
             you
             hear
             or
             know
             upon
             the
             Road
             ,
             whither
             he
             was
             going
             ?
          
        
         
           
             Edlin
             ,
          
           
             My
             Lord
             ,
             I
             did
             never
             see
             my
             Lord
             Delamere
             before
             in
             my
             life
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             But
             did
             not
             he
             tell
             you
             as
             he
             went
             along
             ,
             whither
             he
             was
             going
             ?
          
        
         
           
             Ed.
             
          
           
             He
             said
             he
             was
             going
             for
             Cheshire
             to
             see
             a
             sick
             Child
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             You
             say
             ,
             Sir
             ,
             that
             you
             went
             first
             for
             Hoddesden
             ?
          
        
         
           
             Ed.
             
          
           
             We
             did
             so
             ,
             my
             Lord.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             Sir
             ,
             how
             long
             were
             you
             riding
             that
             ,
             from
             the
             Bell
             in
             
             Coleman-Street
             to
             Hoddesden
             ?
          
        
         
           
             Ed.
             
          
           
             it
             was
             3
             hours
             I
             believe
             ,
             or
             about
             3
             hours
             and
             a
             half
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Then
             you
             rid
             hard
             out
             of
             Town
             ?
          
        
         
           
             Ed.
             
          
           
             My
             Lord
             ,
             it
             was
             towards
             9
             of
             the
             Clock
             when
             we
             got
             on
             Horse-back
             ,
             and
             it
             was
             about
             12
             or
             a
             little
             more
             ,
             when
             we
             came
             to
             Hoddesden
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Well
             ,
             Mr
             Attorney
             ,
             is
             that
             all
             you
             have
             to
             ask
             him
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Will
             you
             ask
             him
             any
             questions
             ,
             my
             Lord
             Delamere
             ?
          
        
         
           
             Lord
             Delamere
             ,
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Then
             ,
             my
             Lord
             ,
             to
             confirm
             this
             Evidence
             ,
             and
             to
             explain
             it
             ,
             I
             shall
             call
             you
             a
             couple
             of
             Witnesses
             to
             prove
             that
             this
             Gentleman
             went
             by
             the
             name
             of
             Brown
             in
             the
             Cant
             of
             those
             that
             were
             engaged
             in
             this
             business
             ,
             that
             the
             name
             was
             known
             as
             his
             name
             by
             all
             the
             Party
             ,
             and
             called
             so
             constantly
             in
             their
             Letters
             and
             Messages
             ;
             Swear
             
               Tracey
               ,
               Paunceford
            
             ,
             and
             
               Thomas
               Babington
            
             .
             
               Which
               was
               done
            
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Which
             will
             you
             begin
             with
             first
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             We
             begin
             with
             Paunceford
             ;
             Pray
             will
             you
             give
             his
             Grace
             and
             these
             Lords
             an
             account
             what
             discourse
             you
             heard
             at
             Disneys
             concerning
             the
             Prisoner
             at
             the
             Bar
             ,
             and
             what
             name
             he
             was
             usually
             called
             by
             ,
             in
             your
             meetings
             ?
          
        
         
           
             Paunce
             .
          
           
             My
             Lord
             ,
             I
             shall
             give
             as
             just
             an
             account
             as
             I
             can
             ;
             I
             was
             acquainted
             with
             Mr.
             Disney
             ,
             and
             the
             14
             th
             of
             June
             I
             was
             at
             his
             house
             —
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             What
             June
             do
             you
             mean
             ?
          
        
         
           
             Paunce
             .
          
           
             Last
             June
             ,
             my
             Lord
             ,
             and
             there
             were
             three
             more
             besides
             ,
             one
             
               Joshua
               Lock
            
             ,
             and
             a
             Country
             Gentleman
             that
             I
             have
             understood
             since
             to
             be
             one
             Hooper
             ,
             and
             there
             was
             one
             Halsey
             ;
             and
             being
             there
             ,
             Lock
             staid
             for
             some
             Declarations
             .
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             What
             Declarations
             were
             those
             you
             speak
             of
             ?
          
        
         
           
             Paunce
             .
          
           
             The
             Declarations
             of
             the
             late
             Duke
             of
             Monmouth
             .
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Were
             they
             Printed
             at
             that
             time
             ?
          
        
         
           
             Paunce
             .
          
           
             They
             were
             not
             ready
             at
             4
             of
             the
             Clock
             in
             the
             Afternoon
             ;
             but
             about
             9
             of
             the
             Clock
             they
             were
             finished
             ,
             and
             three
             were
             printed
             off
             ,
             and
             were
             delivered
             to
             
               Joshua
               Lock
            
             ,
             and
             when
             he
             had
             received
             them
             at
             that
             time
             ,
             there
             was
             a
             discourse
             of
             having
             them
             sent
             into
             Cheshire
             to
             one
             Mr.
             Brown
             ;
             after
             we
             had
             received
             them
             ,
             we
             came
             over
             the
             Water
             together
             ,
             and
             we
             landed
             at
             Salisbury
             Stairs
             ,
             and
             Lock
             was
             very
             earnest
             for
             going
             out
             of
             Town
             that
             night
             ,
             with
             those
             three
             Declarations
             ,
             which
             ,
             as
             he
             said
             ,
             were
             to
             be
             carried
             to
             one
             Mr.
             Brown
             :
             This
             was
             at
             9
             of
             the
             Clock
             ;
             and
             so
             we
             parted
             .
          
        
         
           
           
             Lord
             H.
             Stew.
             
          
           
             Pray
             into
             what
             Countrey
             was
             he
             to
             carry
             them
             ?
          
        
         
           
             Paunce
             .
          
           
             A
             little
             way
             out
             of
             Town
             ,
             he
             said
             .
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Just
             now
             you
             said
             they
             were
             to
             go
             to
             Cheshire
             ?
          
        
         
           
             Paunce
             .
          
           
             My
             Lord
             ,
             the
             discourse
             at
             
             Disney's
             house
             was
             ,
             that
             they
             were
             to
             be
             sent
             into
             Cheshire
             ,
             but
             when
             we
             came
             over
             the
             water
             ,
             Lock
             said
             he
             was
             to
             go
             a
             little
             out
             of
             Town
             to
             one
             Mr.
             Brown.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             who
             was
             that
             Mr.
             Brown
             as
             they
             meant
             ,
             as
             you
             apprehended
             ?
          
        
         
           
             Paunce
             .
          
           
             I
             understood
             Mr.
             Brown
             to
             be
             my
             Lord
             Delamere
             by
             some
             discourse
             .
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Whose
             discourse
             did
             you
             understand
             it
             by
             ?
          
        
         
           
             Paunce
             .
          
           
             The
             first
             time
             ,
             my
             Lord
             ,
             that
             I
             heard
             of
             my
             Lord
             
             Delamere's
             going
             by
             the
             name
             of
             Brown
             ,
             was
             upon
             a
             discourse
             with
             one
             Edlin
             .
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Prithee
             tell
             us
             what
             that
             discourse
             thou
             hadst
             with
             Edlin
             ,
             was
             .
          
        
         
           
             Paunce
             .
          
           
             Mr.
             Edlin
             about
             the
             latter
             end
             of
             May
             last
             ,
             went
             out
             of
             Town
             ,
             as
             I
             heard
             ,
             and
             when
             he
             came
             back
             again
             ,
             I
             asked
             him
             whither
             he
             went
             ?
             he
             said
             he
             was
             invited
             by
             a
             Friend
             to
             go
             with
             him
             out
             of
             Town
             ,
             and
             my
             Lord
             Delamere
             went
             along
             with
             them
             ,
             and
             went
             by
             the
             name
             of
             Brown.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             discourse
             had
             you
             with
             Disney
             ,
             or
             any
             body
             else
             about
             my
             Lord
             
             Delamere's
             going
             by
             the
             name
             of
             Brown
             ?
          
        
         
           
             Paunce
             .
          
           
             Mr.
             Disney
             did
             use
             to
             mention
             my
             Lord
             Delamere
             by
             the
             name
             of
             Brown.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             were
             you
             at
             any
             meeting
             with
             any
             body
             ,
             and
             whom
             ,
             at
             any
             Tavern
             ,
             and
             what
             Tavern
             where
             any
             such
             discourse
             was
             had
             ?
          
        
         
           
             Paunce
             .
          
           
             My
             Lord
             ,
             I
             was
             at
             a
             meeting
             at
             the
             Castle
             Tavern
             with
             Mr.
             Vermuyden
             ,
             and
             my
             Brother
             Babington
             ,
             and
             one
             Manning
             ,
             but
             there
             was
             no
             mention
             then
             of
             any
             Brown
             that
             I
             remember
             ,
             nor
             of
             my
             Lord
             Delamere
             ,
             but
             only
             there
             was
             something
             in
             relation
             to
             the
             landing
             of
             the
             Duke
             of
             Monmouth
             ;
             the
             question
             was
             asked
             where
             he
             was
             to
             land
             ,
             and
             Mr.
             Vermuyden
             made
             answer
             he
             did
             not
             know
             .
          
        
         
           
             Lord
             H.
             St.
             
          
           
             Will
             your
             Lordship
             please
             to
             ask
             this
             Witness
             any
             questions
             ,
             my
             Lord
             ?
          
        
         
           
             Lord
             Delamere
             ,
          
           
             Pray
             ,
             Sir
             ,
             did
             you
             ever
             know
             any
             body
             else
             that
             went
             by
             the
             name
             of
             Brown
             besides
             me
             ?
          
        
         
           
             Paunce
             .
          
           
             May
             I
             answer
             this
             question
             ,
             my
             Lord
             ?
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Answer
             it
             ,
             yes
             you
             must
             ,
             you
             are
             sworn
             to
             tell
             the
             truth
             ,
             and
             the
             whole
             truth
             ,
             man.
             
          
        
         
           
             Paunce
             .
          
           
             My
             Lord
             ,
             there
             was
             a
             discourse
             of
             Mr.
             
             Vermuyden's
             going
             by
             the
             name
             of
             Brown.
             
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Will
             you
             ask
             him
             any
             more
             questions
             ,
             my
             Lord
             ?
          
        
         
           
             Lord
             Delam
             .
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Then
             go
             on
             ,
             Mr.
             Attorney
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             Mr.
             Babington
             ,
             do
             you
             tell
             my
             Lords
             what
             you
             know
             of
             my
             Lord
             
             Delamere's
             going
             by
             the
             name
             of
             Brown
             ?
          
        
         
           
             Babing
             .
          
           
             My
             Lord
             ,
             I
             shall
             give
             an
             account
             ;
             When
             I
             first
             knew
             any
             thing
             of
             the
             Transactions
             ,
             I
             was
             with
             my
             Brother
             Paunceford
             ,
             Mr.
             Vermuyden
             ,
             
             and
             one
             Chadwick
             that
             went
             into
             the
             West
             ,
             and
             there
             was
             a
             discourse
             of
             two
             Gentlemen
             that
             went
             by
             names
             I
             did
             not
             know
             ;
             Brown
             was
             one
             ,
             and
             I
             was
             desirous
             to
             know
             who
             was
             meant
             by
             it
             ;
             I
             was
             at
             that
             time
             but
             newly
             acquainted
             with
             the
             concerns
             of
             these
             people
             ;
             and
             so
             I
             found
             they
             were
             fearful
             to
             entrust
             me
             ;
             but
             afterwards
             I
             was
             at
             the
             Castle
             Tavern
             where
             my
             Brother
             ,
             and
             my
             Uncle
             Vermuyden
             was
             ,
             and
             in
             discourse
             of
             Mr.
             Brown
             ,
             some
             body
             happened
             to
             name
             my
             Lord
             
             Delamere's
             name
             ,
             but
             he
             was
             presently
             taken
             up
             ,
             You
             mean
             Mr.
             Brown
             ,
             ay
             ,
             saith
             he
             ,
             I
             do
             .
          
        
         
           
             L.
             H.
             St.
             
          
           
             About
             what
             time
             was
             this
             ,
             pray
             you
             ?
          
        
         
           
             Bab.
             
          
           
             About
             the
             middle
             or
             latter
             end
             of
             May
             last
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Were
             you
             at
             
             Disney's
             when
             the
             Declarations
             were
             printed
             there
             ?
          
        
         
           
             Bab.
             
          
           
             Mr.
             Attorney
             ,
             I
             will
             give
             an
             account
             of
             that
             afterwards
             ,
             but
             I
             have
             something
             else
             to
             say
             first
             ;
             After
             this
             ,
             I
             was
             diligent
             to
             know
             of
             my
             Uncle
             Vermuyden
             and
             my
             brother
             ,
             who
             this
             Mr.
             Brown
             was
             ;
             my
             Uncle
             told
             me
             it
             was
             my
             Lord
             Delamere
             ,
             and
             desired
             me
             whenever
             I
             discoursed
             of
             him
             ,
             to
             call
             him
             by
             that
             name
             ,
             and
             I
             have
             very
             good
             reason
             to
             believe
             Mr.
             Vermuyden
             knew
             of
             the
             matter
             ,
             because
             he
             was
             acquainted
             with
             a
             great
             many
             of
             that
             sort
             of
             people
             ,
             and
             declared
             he
             had
             collected
             and
             knew
             of
             moneys
             that
             were
             gathered
             for
             that
             purpose
             ;
             and
             he
             had
             a
             good
             account
             of
             
             Monmouth's
             landing
             ,
             and
             of
             the
             Force
             he
             had
             in
             the
             West
             ,
             and
             how
             long
             it
             was
             presumed
             that
             he
             could
             maintain
             that
             Force
             without
             assistance
             from
             any
             body
             else
             ,
             and
             so
             I
             presume
             he
             was
             very
             well
             acquainted
             with
             the
             whole
             Transaction
             :
             Afterwards
             I
             happened
             to
             be
             at
             
             Disney's
             over
             the
             Water
             ,
             there
             was
             my
             Brother
             Paunceford
             ,
             Mr.
             Halsey
             ,
             and
             my self
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Tell
             what
             passed
             there
             at
             that
             time
             .
          
        
         
           
             Bab.
             
          
           
             Disney
             shew'd
             me
             a
             Declaration
             that
             was
             not
             perfected
             quite
             ,
             but
             after
             that
             we
             fell
             into
             a
             discourse
             about
             Mr.
             Brown
             ,
             and
             afterwards
             my
             Lord
             
             Delamere's
             name
             was
             named
             by
             some
             body
             ,
             that
             some
             of
             the
             Declarations
             were
             to
             be
             sent
             to
             him
             ,
             and
             I
             remember
             Mr.
             Disney
             said
             he
             was
             afraid
             my
             Lord
             Delamere
             was
             not
             capable
             of
             doing
             that
             service
             that
             was
             expected
             from
             him
             in
             Cheshire
             for
             want
             of
             some
             of
             those
             Declaratious
             ,
             which
             would
             be
             mighty
             useful
             to
             him
             to
             inform
             the
             people
             ,
             they
             being
             
             Monmouth's
             Declarations
             .
          
        
         
           
             Lord
             H.
             Stew.
             
          
           
             Had
             Lock
             any
             of
             those
             Declarations
             away
             for
             that
             Mr.
             Brown
             you
             speak
             of
             ?
          
        
         
           
             Bab.
             
          
           
             I
             never
             knew
             Lock
             my
             Lord.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             number
             of
             Declarations
             did
             Disney
             print
             ?
          
        
         
           
             Bab.
             
          
           
             Disney
             told
             us
             he
             hoped
             in
             24
             hours
             to
             have
             500
             printed
             ,
             a
             good
             number
             of
             them
             were
             to
             be
             sent
             to
             my
             Lord
             Delamere
             ,
             and
             several
             of
             them
             were
             dispersed
             .
          
        
         
           
             Lord
             H.
             St.
             
          
           
             Have
             you
             any
             more
             questions
             to
             ask
             him
             ,
             Mr.
             Attorney
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             Lord
             
               H.
               Steward
            
             ,
          
           
             Will
             you
             ask
             him
             any
             questions
             ,
             my
             Lord
             Delamere
             ?
          
        
         
           
             Lord
             Delamere
             ,
          
           
             No
             my
             Lord.
             
          
        
         
           
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Then
             may
             it
             please
             your
             Grace
             ,
             the
             next
             Witness
             we
             shall
             bring
             ,
             shall
             be
             to
             prove
             that
             my
             Lord
             Delamere
             took
             frequent
             Journies
             backward
             and
             forward
             in
             a
             very
             little
             commpass
             of
             time
             ,
             and
             the
             same
             Witness
             will
             likewise
             tell
             you
             what
             Discourse
             he
             had
             with
             my
             Lord
             during
             the
             very
             time
             of
             Monmouths
             Rebellion
             ,
             to
             stir
             up
             the
             people
             to
             joyn
             with
             him
             .
             Swear
             Hope
             ,
             
               which
               was
               done
            
             Pray
             tell
             my
             Lords
             what
             Discourse
             you
             had
             with
             my
             Lord
             Delamere
             ,
             and
             when
             ?
          
        
         
           
             Hope
             ,
          
           
             Upon
             the
             Sunday
             before
             the
             Coronation
             ,
             my
             Lord
             Delamere
             came
             down
             Post
             to
             my
             House
             ,
             towards
             his
             own
             House
             in
             Cheshire
             —
          
        
         
           
             Lord
             H.
             Steward
             ,
          
           
             Prethee
             where
             is
             thy
             House
             ,
             for
             these
             Noble
             Lords
             do
             not
             know
             thee
             ,
             perhaps
             ,
             so
             well
             as
             I
             do
             ,
             therefore
             tell
             us
             where
             it
             is
             ?
          
        
         
           
             Hope
             ,
          
           
             My
             Lord
             ,
             my
             house
             is
             at
             the
             
               Three
               Tunns
            
             in
             Coventry
             .
          
        
         
           
             Lord
             H.
             Steward
             ,
          
           
             Well
             ,
             go
             on
             ,
             tell
             what
             thou
             knowest
             .
          
        
         
           
             Hope
             
          
           
             —
             Some
             time
             after
             that
             he
             came
             down
             Post
             again
             ,
             and
             a
             little
             after
             he
             went
             up
             again
             Post
             ,
             and
             he
             told
             me
             he
             went
             down
             another
             way
             ;
             and
             after
             that
             ,
             the
             21
             st
             of
             June
             ,
             he
             came
             down
             Post
             again
             ,
             this
             was
             upon
             a
             Sunday
             ,
             the
             Sunday
             Sennight
             after
             the
             Duke
             of
             Monmouth
             landed
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Had
             he
             any
             Servant
             with
             him
             at
             that
             time
             ?
          
        
         
           
             Hope
             ,
          
           
             Yes
             he
             had
             .
          
        
         
           
             Lord
             H.
             Steward
             ,
          
           
             Had
             he
             a
             Servant
             with
             him
             every
             time
             he
             came
             down
             Post
             ?
          
        
         
           
             Hope
             ,
          
           
             No
             ,
             he
             came
             over
             ,
             I
             remember
             ,
             without
             any
             servant
             ,
             only
             with
             a
             Post
             Boy
             .
          
        
         
           
             Lord
             H.
             Steward
             ,
          
           
             Well
             ,
             and
             what
             Discourse
             had
             you
             with
             him
             at
             that
             ,
             or
             any
             other
             time
             ?
          
        
         
           
             Hope
             ,
          
           
             My
             Lord
             ,
             that
             Sunday
             the
             21
             st
             of
             June
             ,
             my
             house
             was
             very
             full
             of
             people
             to
             enquire
             news
             ,
             it
             being
             in
             the
             time
             of
             the
             Rebellion
             ,
             every
             one
             was
             desirous
             to
             know
             how
             things
             went
             ;
             and
             there
             was
             one
             Ingram
             in
             the
             house
             ,
             that
             came
             to
             me
             ,
             and
             asked
             what
             news
             from
             London
             ,
             for
             they
             say
             ,
             saith
             he
             ,
             that
             the
             Duke
             of
             Albemarle
             is
             killed
             ,
             and
             his
             Hearse
             brought
             to
             Westminster
             Abby
             ;
             thereupon
             I
             knowing
             my
             Lord
             Delamere
             was
             come
             from
             London
             ,
             I
             went
             into
             the
             Room
             to
             my
             Lord
             ,
             and
             desired
             to
             know
             of
             his
             Lordship
             what
             was
             the
             news
             in
             London
             ;
             he
             told
             me
             he
             was
             little
             at
             Court
             ,
             and
             therefore
             could
             not
             tell
             much
             News
             ;
             I
             then
             asked
             him
             what
             he
             heard
             concerning
             the
             Duke
             of
             Albemarle
             ;
             said
             I
             ,
             they
             say
             here
             ,
             he
             is
             killed
             ;
             saith
             my
             Lord
             ,
             I
             am
             sorry
             for
             it
             ,
             if
             it
             be
             so
             ,
             but
             I
             fear
             it
             is
             too
             true
             ;
             but
             if
             he
             be
             killed
             ,
             it
             is
             said
             he
             is
             killed
             by
             his
             own
             Party
             ;
             I
             asked
             him
             how
             ?
             he
             told
             me
             a
             Party
             of
             the
             Duke
             of
             
             Albemarle's
             men
             were
             commanded
             to
             Fire
             at
             the
             Duke
             of
             
             Monmouth's
             men
             ,
             but
             instead
             of
             shooting
             at
             them
             ,
             they
             shot
             into
             the
             Ground
             ,
             upon
             which
             they
             were
             very
             severely
             handled
             by
             their
             Officers
             ,
             which
             so
             inraged
             them
             ,
             that
             they
             fired
             upon
             them
             ,
             and
             killed
             several
             of
             them
             ,
             and
             amongst
             others
             ,
             the
             Duke
             of
             Albemarle
             was
             killed
             ;
             and
             he
             told
             me
             the
             Duke
             of
             Monmouth
             had
             several
             Field
             Pieces
             ,
             and
             Arms
             sufficient
             for
             near
             30000
             men
             .
          
        
         
           
           
             Mr.
             Att.
             General
             .
          
           
             Pray
             ,
             did
             he
             shew
             you
             any
             Places
             in
             any
             Maps
             ?
          
        
         
           
             Hope
             .
          
           
             There
             was
             in
             the
             Room
             .
             
             Adams's
             Map
             of
             England
             ,
             and
             my
             Lord
             Delamere
             shewed
             me
             which
             way
             Monmouth
             went
             ,
             and
             pointed
             out
             such
             and
             such
             Towns
             that
             he
             was
             possessed
             of
             ,
             and
             withal
             said
             ,
             he
             did
             fear
             there
             would
             be
             many
             bloody
             Noses
             before
             the
             Business
             was
             at
             an
             end
             .
          
        
         
           
             Mr.
             Att.
             General
             .
          
           
             How
             many
             times
             do
             you
             think
             my
             Lord
             did
             ride
             post
             to
             and
             fro
             ?
          
        
         
           
             Hope
             .
          
           
             About
             five
             times
             I
             believe
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Within
             what
             space
             of
             time
             ?
          
        
         
           
             Hope
             .
          
           
             From
             the
             Sunday
             Sev'night
             before
             the
             Coronation
             to
             the
             Twenty
             first
             of
             June
             following
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Have
             you
             done
             with
             him
             
               Mr.
               Attorney
            
             ?
          
        
         
           
             Mr.
             Att.
             General
             .
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             
               Lord
               High
               Steward
            
             ,
             with
             your
             Grace's
             leave
             ,
             may
             I
             ask
             this
             Witness
             any
             Questions
             ?
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Yes
             ,
             my
             Lord
             ,
             what
             you
             please
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             'Pray
             ,
             Did
             I
             go
             down
             post
             four
             or
             five
             times
             ,
             do
             you
             say
             in
             that
             space
             ?
          
        
         
           
             Hope
             .
          
           
             My
             Lord
             ,
             I
             say
             you
             did
             go
             so
             often
             backward
             and
             forward
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             What
             time
             was
             that
             ,
             you
             say
             ,
             I
             came
             without
             any
             Servant
             ,
             only
             with
             a
             Post-boy
             ?
          
        
         
           
             Hope
             .
          
           
             I
             cannot
             tell
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Will
             your
             Lordship
             ask
             him
             any
             more
             Questions
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             Mr.
             Att.
             General
             .
          
           
             Then
             ,
             my
             Lord
             ,
             we
             desire
             
               Thomas
               Saxon
            
             may
             be
             sworn
             
               which
               was
               done
            
             'Pray
             ,
             Mr.
             Saxon
             ,
             will
             you
             give
             an
             account
             to
             his
             Grace
             ,
             and
             my
             Lords
             ,
             what
             you
             know
             of
             my
             Lord
             Delamere
             ,
             the
             Prisoner
             at
             the
             Bar
             ,
             concerning
             any
             Insurrection
             or
             Rebellion
             designed
             by
             him
             in
             Cheshire
             ,
             and
             when
             ?
          
        
         
           
             Saxon.
             
          
           
             At
             the
             beginning
             of
             June
             last
             ,
             I
             was
             sent
             for
             to
             Mere
             ,
             my
             Lord
             
             Delamere's
             House
             in
             Cheshire
             ,
             where
             when
             I
             came
             ,
             I
             was
             conveyed
             into
             a
             lower
             Room
             ,
             where
             were
             my
             Lord
             Delamere
             ,
             Sir
             
               Robert
               Cotton
            
             ,
             and
             Mr.
             
               Crew
               Offleys
            
             ,
             and
             they
             told
             me
             I
             was
             recommended
             to
             them
             by
             my
             Lord
             Brandon
             ,
             who
             had
             said
             ,
             I
             was
             an
             honest
             useful
             man
             ,
             and
             they
             hoped
             I
             would
             prove
             so
             :
             For
             they
             had
             sent
             to
             the
             Duke
             of
             Monmouth
             ,
             who
             was
             in
             Holland
             ,
             and
             received
             an
             answer
             by
             one
             Jones
             ,
             and
             assoon
             as
             they
             had
             an
             answer
             ,
             my
             Lord
             Delamere
             came
             away
             post
             into
             the
             Country
             under
             another
             Name
             ,
             and
             by
             being
             conveyed
             through
             Moorfields
             ,
             came
             down
             to
             raise
             Ten
             thousand
             men
             for
             the
             Duke
             of
             Monmouth
             in
             Cheshire
             ,
             by
             the
             first
             of
             June
             ;
             but
             now
             they
             had
             considered
             of
             it
             ,
             and
             found
             they
             could
             not
             raise
             them
             till
             Midsummer
             ,
             for
             they
             must
             have
             time
             to
             raise
             a
             Sum
             of
             money
             ,
             forty
             thousand
             
             pound
             in
             that
             Country
             to
             maintain
             the
             men
             :
             They
             asked
             me
             ,
             whether
             I
             would
             not
             undertake
             to
             carry
             a
             Message
             to
             the
             Duke
             of
             Monmouth
             ,
             I
             told
             them
             I
             would
             ,
             and
             I
             had
             there
             given
             me
             eleven
             Guineas
             ,
             and
             five
             pounds
             in
             Silver
             for
             my
             Journy
             ,
             and
             I
             did
             hire
             a
             Horse
             afterwards
             ,
             and
             did
             deliver
             my
             Message
             to
             the
             Duke
             of
             Monmouth
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             When
             was
             this
             do
             you
             say
             ?
          
        
         
           
             Saxon.
             
          
           
             This
             was
             the
             beginning
             of
             June
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             What
             day
             of
             June
             ?
          
        
         
           
             Saxon.
             
          
           
             I
             cannot
             tell
             to
             a
             day
             ,
             what
             day
             in
             June
             it
             was
             ,
             for
             I
             did
             not
             set
             it
             down
             ;
             but
             I
             believe
             it
             was
             the
             third
             or
             fourth
             of
             June
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             How
             came
             you
             to
             be
             recommended
             by
             my
             Lord
             Brandon
             to
             these
             Gentlemen
             :
             Were
             you
             acquainted
             with
             my
             Lord
             Brandon
             ?
          
        
         
           
             Saxon.
             
          
           
             I
             was
             acquainted
             with
             him
             :
             The
             first
             time
             I
             was
             with
             him
             was
             at
             Over
             ,
             the
             next
             time
             was
             at
             my
             Lord
             's
             own
             House
             .
          
        
         
           
             Mr.
             Att.
             General
             .
          
           
             Ay
             ,
             'pray
             tell
             my
             Lord
             ,
             how
             you
             came
             acquainted
             with
             my
             Lord
             Brandon
             ?
          
        
         
           
             Saxon.
             
          
           
             Upon
             the
             Monday
             in
             Easter
             Week
             last
             ,
             being
             at
             Over
             ,
             I
             was
             sent
             for
             by
             my
             Lord
             Brandon
             to
             drink
             a
             glass
             of
             Ale
             ,
             and
             smoke
             a
             pipe
             of
             Tobacco
             with
             him
             ,
             and
             when
             I
             came
             thither
             ,
             my
             Lord
             told
             me
             he
             had
             a
             desire
             to
             be
             acquainted
             with
             me
             ;
             so
             we
             drank
             a
             considerable
             while
             ;
             and
             he
             was
             attended
             at
             that
             time
             with
             one
             Hollingshead
             ,
             and
             one
             Mr.
             Lee
             ;
             and
             after
             we
             had
             drank
             pretty
             smartly
             ,
             and
             after
             some
             discourse
             ,
             Lee
             and
             Hollingshead
             went
             forth
             ,
             being
             called
             out
             to
             speak
             with
             some
             body
             ,
             about
             an
             Estate
             or
             a
             Tenement
             that
             they
             were
             concerned
             in
             :
             After
             they
             were
             gone
             out
             ,
             my
             Lord
             Brandon
             began
             to
             discourse
             about
             the
             Elections
             of
             Parliament-men
             ,
             how
             unfairly
             they
             had
             been
             carried
             ,
             he
             said
             ,
             he
             stood
             both
             for
             the
             Town
             and
             County
             of
             Lancaster
             ,
             but
             had
             lost
             it
             by
             an
             unfair
             Election
             ;
             for
             the
             other
             Party
             had
             made
             Seven-score
             Freemen
             in
             one
             night
             in
             the
             Town
             ,
             and
             by
             that
             means
             had
             carried
             it
             against
             him
             ;
             which
             had
             exasperated
             the
             Country
             so
             much
             ,
             that
             they
             were
             resolved
             to
             make
             it
             an
             occasion
             of
             raising
             up
             the
             Country
             in
             Arms
             ,
             under
             pretence
             of
             maintaining
             the
             Christian
             English
             Liberties
             ;
             and
             that
             they
             had
             a
             design
             to
             send
             for
             the
             Duke
             of
             Monmouth
             ,
             and
             make
             him
             King
             ;
             and
             that
             they
             must
             make
             use
             of
             such
             men
             as
             me
             ,
             that
             were
             men
             of
             Interest
             in
             the
             Country
             ,
             to
             stir
             up
             the
             People
             to
             rise
             in
             Arms
             ;
             and
             if
             I
             would
             come
             to
             Gosworth
             ,
             his
             House
             ,
             upon
             the
             Monday
             after
             ,
             he
             would
             tell
             me
             more
             of
             that
             Business
             :
             I
             went
             according
             to
             the
             time
             ,
             and
             there
             he
             told
             me
             a
             great
             deal
             to
             the
             same
             purpose
             ,
             and
             withal
             he
             shewed
             me
             a
             Letter
             that
             he
             had
             written
             to
             the
             Duke
             of
             Monmouth
             ;
             which
             Letter
             I
             afterwards
             saw
             at
             Bridgwater
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Have
             you
             any
             more
             Questions
             to
             ask
             him
             ?
          
        
         
           
           
             Mr.
             Att.
             General
             .
          
           
             No
             ,
             my
             Lord
             ;
             But
             if
             my
             Lord
             Delamere
             please
             to
             ask
             him
             any
             Questions
             ,
             he
             may
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             humbly
             pray
             he
             may
             repeat
             the
             Evidence
             he
             hath
             given
             against
             me
             ,
             for
             I
             have
             not
             heard
             what
             he
             has
             said
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Turn
             toward
             my
             Lord
             Delamere
             ,
             and
             repeat
             the
             Evidence
             that
             you
             gave
             against
             him
             ,
             so
             as
             he
             may
             hear
             you
             :
             Which
             he
             did
             to
             the
             same
             effect
             ,
             as
             before
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             'Pray
             ,
             from
             whom
             did
             you
             receive
             that
             money
             ?
          
        
         
           
             Saxon.
             
          
           
             I
             received
             it
             from
             my
             Lord
             Delamere
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             Delamere
             ,
             will
             you
             ask
             him
             any
             Questions
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Yes
             ,
             may
             it
             please
             your
             Grace
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Then
             the
             Method
             you
             are
             to
             take
             ,
             is
             this
             ,
             you
             must
             propound
             your
             Questions
             to
             me
             ,
             and
             then
             I
             will
             propound
             them
             to
             the
             Witness
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             desire
             to
             know
             ,
             may
             it
             please
             your
             Grace
             ,
             when
             was
             the
             first
             time
             that
             he
             declared
             this
             that
             he
             has
             now
             sworn
             against
             me
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             desires
             to
             know
             of
             you
             ,
             when
             it
             was
             that
             you
             first
             made
             known
             this
             against
             him
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             And
             to
             whom
             my
             Lord
             ?
          
        
         
           
             Saxon.
             
          
           
             I
             suppose
             I
             told
             Mr.
             Storey
             of
             it
             first
             ,
             my
             Lord
             ,
             at
             Dorchester
             after
             I
             was
             taken
             Prisoner
             for
             the
             Rebellion
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             When
             did
             he
             tell
             it
             Storey
             ,
             my
             Lord
             ?
          
        
         
           
             Saxon.
             
          
           
             I
             think
             it
             was
             a
             Fortnight
             after
             my
             acquaintance
             with
             him
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Were
             you
             then
             in
             the
             same
             Prison
             with
             Storey
             ?
          
        
         
           
             Saxon.
             
          
           
             Yes
             I
             lay
             with
             him
             in
             the
             same
             Bed.
             
          
        
         
           
             L.
             Delamere
             .
          
           
             If
             your
             Grace
             please
             ,
             I
             would
             ask
             him
             another
             Question
             ?
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Ay
             ,
             what
             you
             will.
             
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             desire
             to
             know
             ,
             when
             was
             the
             first
             time
             that
             he
             made
             Oath
             of
             this
             ,
             and
             upon
             what
             occasion
             it
             was
             ?
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             What
             say
             you
             to
             that
             ?
          
        
         
           
             Saxon.
             
          
           
             The
             first
             time
             I
             made
             Oath
             of
             it
             ,
             was
             when
             I
             lay
             sick
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Will
             your
             Grace
             please
             to
             ask
             him
             ,
             where
             that
             was
             ,
             and
             when
             ?
          
        
         
           
             Saxon.
             
          
           
             It
             was
             before
             His
             Majesty's
             Counsellors
             ,
             that
             were
             sent
             to
             take
             my
             Examination
             in
             Newgate
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             'Prethee
             ,
             I
             do
             not
             know
             when
             thou
             camest
             to
             Newgate
             ,
             it
             may
             be
             thou
             hast
             been
             there
             oftner
             than
             once
             ?
          
        
         
           
             Saxon.
             
          
           
             I
             gave
             my
             first
             Information
             immediately
             after
             I
             was
             brought
             to
             Town
             ,
             when
             I
             was
             removed
             from
             Dorchester
             Goal
             to
             Newgate
             .
          
        
         
           
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             desire
             your
             Grace
             would
             ask
             him
             what
             time
             he
             came
             up
             ?
          
        
         
           
             Saxon.
             
          
           
             The
             beginning
             of
             the
             last
             Term.
             
          
        
         
           
             L.
             Delamere
             .
          
           
             Then
             I
             desire
             to
             know
             ,
             my
             Lord
             ,
             whether
             he
             did
             remain
             a
             Prisoner
             in
             the
             Country
             all
             the
             other
             time
             ?
          
        
         
           
             Saxon.
             
          
           
             Yes
             ,
             I
             did
             so
             ,
             from
             the
             Tenth
             of
             July
             ,
             till
             the
             time
             that
             I
             was
             brought
             up
             to
             Newgate
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             desire
             to
             know
             of
             him
             ,
             whether
             I
             had
             ever
             imployed
             him
             about
             any
             of
             my
             Concerns
             ,
             that
             should
             give
             me
             an
             occasion
             of
             trusting
             him
             with
             such
             Secrets
             ?
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             What
             Business
             of
             Importance
             had
             my
             Lord
             Delamere
             ever
             imploy'd
             you
             about
             before
             this
             time
             ?
          
        
         
           
             Saxon.
             
          
           
             I
             was
             never
             imployed
             about
             any
             Concerns
             of
             my
             Lord
             
             Delamere's
             before
             that
             time
             ,
             neither
             was
             I
             ever
             in
             his
             Company
             ,
             but
             only
             then
             ,
             and
             then
             as
             recommended
             by
             him
             to
             him
             ;
             for
             they
             said
             ,
             they
             must
             make
             use
             of
             such
             as
             me
             to
             make
             their
             Designs
             known
             to
             the
             Country
             ,
             for
             the
             accomplishing
             what
             they
             did
             intend
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Recommended
             by
             him
             ,
             who
             does
             he
             mean
             ?
          
        
         
           
             Saxon.
             
          
           
             By
             my
             Lord
             Brandon
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             If
             your
             Grace
             please
             ,
             I
             desire
             to
             know
             what
             the
             Business
             was
             that
             he
             was
             to
             do
             ?
          
        
         
           
             Saxon.
             
          
           
             I
             was
             to
             inform
             the
             Country
             concerning
             the
             time
             of
             the
             rising
             ,
             my
             Acquaintance
             abounded
             that
             way
             ,
             and
             by
             their
             Discourse
             they
             had
             got
             men
             in
             every
             Place
             to
             acquaint
             the
             Country
             when
             they
             should
             rise
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Were
             you
             acquainted
             with
             any
             great
             Number
             ?
          
        
         
           
             Saxon.
             
          
           
             My
             Lord
             ,
             I
             was
             a
             Publick
             Tradesman
             in
             Middlewich
             ,
             and
             much
             acquainted
             with
             the
             ordinary
             sort
             of
             People
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             he
             says
             he
             was
             sent
             for
             to
             my
             House
             ,
             I
             desire
             to
             know
             who
             was
             the
             Messenger
             that
             was
             sent
             for
             him
             ?
          
        
         
           
             Saxon.
             
          
           
             My
             Lord
             ,
             I
             did
             ask
             him
             his
             name
             ,
             but
             he
             would
             not
             tell
             it
             me
             ;
             he
             told
             me
             he
             was
             but
             Tenant
             to
             my
             Lord
             Delamere
             ,
             and
             had
             been
             imployed
             in
             such
             Businesses
             for
             my
             Lord
             
             Delamere's
             Father
             ,
             Sir
             
               George
               Booth
            
             ,
             he
             was
             a
             lame
             man
             in
             one
             Arm
             ,
             for
             he
             had
             his
             hand
             shot
             away
             at
             the
             Siege
             of
             Nantwich
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             It
             was
             
               Tom
               Long
            
             the
             Carrier
             ,
             I
             suppose
             ,
             or
             some
             such
             Fellow
             or
             other
             ,
             that
             I
             sent
             for
             him
             ;
             My
             Lord
             ,
             I
             desire
             to
             know
             what
             time
             of
             Day
             or
             Night
             was
             it
             when
             he
             came
             to
             my
             House
             ?
          
        
         
           
             Saxon.
             
          
           
             It
             was
             just
             when
             it
             began
             to
             be
             dark
             ,
             the
             Messenger
             came
             to
             me
             in
             the
             Afternoon
             to
             fetch
             me
             thither
             ,
             and
             I
             sent
             for
             a
             man's
             Horse
             that
             lived
             near
             me
             ,
             and
             when
             it
             was
             brought
             me
             ,
             he
             asked
             me
             what
             made
             me
             go
             so
             late
             ,
             I
             told
             him
             I
             had
             occasion
             to
             go
             late
             ,
             and
             I
             should
             return
             late
             ,
             and
             the
             man
             stayd
             at
             my
             
             House
             for
             his
             Horse
             till
             it
             was
             late
             ;
             but
             I
             not
             coming
             home
             ,
             he
             left
             order
             for
             his
             Horse
             to
             be
             brought
             to
             him
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Next
             my
             Lord
             ,
             I
             desire
             to
             know
             when
             he
             came
             to
             my
             House
             ,
             whether
             he
             did
             alight
             from
             his
             Horse
             at
             the
             Stables
             that
             belong
             to
             the
             House
             or
             no
             ?
          
        
         
           
             Saxon.
             
          
           
             I
             did
             alight
             just
             at
             the
             Old
             Buildings
             ,
             and
             the
             man's
             Horse
             that
             came
             with
             me
             and
             mine
             were
             taken
             into
             the
             Stables
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             'Pray
             ,
             my
             Lord
             ,
             ask
             him
             who
             took
             his
             Horse
             from
             him
             ?
          
        
         
           
             Saxon.
             
          
           
             The
             man
             that
             came
             with
             me
             ,
             and
             he
             went
             into
             the
             house
             and
             brought
             out
             a
             Candle
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             would
             ask
             him
             whether
             the
             Door
             he
             was
             let
             in
             at
             was
             that
             which
             was
             nearest
             to
             the
             Stable
             ,
             or
             which
             Door
             ?
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Do
             you
             know
             what
             Door
             of
             the
             house
             you
             were
             let
             in
             at
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             ask
             him
             whether
             it
             were
             the
             next
             Door
             to
             the
             Stable
             ?
          
        
         
           
             Saxon.
             
          
           
             My
             Lord
             ,
             I
             cannot
             very
             well
             give
             an
             account
             of
             that
             ,
             for
             I
             was
             never
             at
             the
             house
             before
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             'Pray
             ,
             my
             Lord
             ,
             let
             him
             recollect
             himself
             ,
             whether
             it
             were
             the
             Door
             next
             the
             Stable
             or
             not
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Ay
             ,
             with
             all
             my
             heart
             ,
             if
             he
             can
             .
          
        
         
           
             Saxon.
             
          
           
             I
             did
             not
             see
             any
             other
             Door
             but
             that
             I
             came
             in
             at
             ,
             and
             therefore
             I
             cannot
             tell
             which
             Door
             it
             was
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             These
             Questions
             ,
             my
             Lord
             ,
             I
             take
             to
             be
             proper
             for
             me
             to
             ask
             ,
             and
             I
             believe
             I
             shall
             make
             it
             appear
             so
             to
             your
             Grace
             to
             be
             so
             by
             and
             by
             .
          
        
         
           
             L
             H.
             Steward
             .
          
           
             Good
             my
             Lord
             ,
             take
             your
             full
             liberty
             ,
             and
             ask
             what
             Questions
             you
             please
             ;
             for
             I
             know
             my
             Lords
             here
             will
             be
             all
             very
             well
             pleased
             that
             you
             have
             all
             Scope
             allowed
             you
             that
             can
             be
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             humbly
             thank
             your
             Grace
             ,
             I
             desire
             to
             know
             of
             him
             ,
             who
             let
             him
             into
             the
             house
             ?
          
        
         
           
             Saxon.
             
          
           
             The
             man
             that
             came
             with
             me
             went
             with
             me
             just
             to
             the
             Door
             ,
             and
             let
             me
             in
             within
             the
             Door
             ,
             and
             I
             saw
             no
             other
             man
             but
             that
             man
             ,
             till
             I
             came
             into
             the
             Room
             where
             my
             Lord
             and
             those
             two
             Gentlemen
             were
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Was
             there
             no
             body
             else
             but
             we
             there
             ?
          
        
         
           
             Saxon.
             
          
           
             No
             ,
             you
             were
             so
             wise
             ;
             you
             would
             let
             no
             body
             be
             by
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             shall
             trouble
             this
             Witness
             no
             farther
             at
             present
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Then
             
               Mr.
               Attorney
               General
            
             ,
             will
             you
             proceed
             ?
          
        
         
           
             Mr.
             Att.
             General
             .
          
           
             My
             Lord
             ,
             we
             shall
             give
             no
             more
             Evidence
             at
             present
             ,
             but
             shall
             rest
             it
             here
             till
             we
             see
             what
             Defence
             this
             Noble
             Lord
             will
             make
             for
             himself
             .
          
        
         
           
           
             L.
             H.
             Steward
             .
          
           
             Then
             ,
             my
             Lord
             Delamere
             ,
             your
             time
             is
             now
             come
             to
             make
             your
             Defence
             ,
             you
             have
             heard
             what
             has
             been
             Evidenced
             against
             you
             ,
             and
             my
             Lords
             now
             expect
             to
             hear
             what
             you
             have
             to
             say
             for
             your self
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             a
             great
             part
             of
             the
             Day
             is
             spent
             ,
             and
             I
             would
             beg
             the
             Favour
             of
             your
             Grace
             ,
             that
             I
             may
             have
             the
             favour
             till
             to
             morrow
             morning
             to
             review
             the
             Notes
             I
             have
             taken
             ,
             and
             then
             I
             shall
             make
             my
             Defence
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             Delamere
             ,
             I
             had
             this
             very
             thing
             in
             my
             thoughts
             before
             I
             came
             hither
             this
             Day
             ,
             because
             I
             did
             foresee
             that
             this
             was
             likely
             to
             be
             a
             long
             Cause
             ,
             and
             the
             proceeding
             in
             it
             would
             take
             up
             much
             time
             :
             I
             have
             a
             little
             doubt
             ,
             I
             must
             needs
             say
             in
             my
             own
             mind
             ,
             whether
             it
             may
             be
             done
             by
             Law
             ;
             I
             know
             very
             well
             ,
             if
             this
             were
             a
             Trial
             in
             full
             Parliament
             ,
             there
             have
             been
             Precedents
             to
             warrant
             the
             Adjournment
             till
             another
             Day
             ,
             though
             it
             be
             in
             the
             midst
             of
             a
             Trial
             ;
             and
             in
             the
             middle
             of
             the
             Evidence
             :
             But
             this
             Court
             ,
             I
             take
             to
             be
             of
             the
             same
             nature
             ,
             though
             of
             a
             degree
             higher
             ,
             with
             the
             other
             ordinary
             Courts
             of
             Judicature
             ;
             and
             whether
             it
             be
             not
             obliged
             and
             tied
             up
             to
             the
             same
             Method
             of
             Proceeding
             with
             those
             other
             Courts
             ,
             where
             all
             Capital
             Offences
             are
             tried
             ,
             is
             a
             thing
             I
             am
             in
             some
             doubt
             about
             :
             In
             those
             Courts
             it
             has
             not
             been
             usual
             to
             Adjourn
             the
             Court
             after
             Evidence
             given
             ;
             nay
             ,
             it
             has
             been
             sometimes
             a
             Question
             ,
             whether
             the
             Judges
             in
             those
             Courts
             ,
             after
             the
             Jury
             are
             gone
             from
             the
             Barr
             ,
             to
             consider
             of
             their
             Verdict
             ,
             could
             Adjourn
             themselves
             :
             I
             say
             ,
             the
             Judges
             have
             sometimes
             made
             a
             Doubt
             of
             it
             ,
             though
             I
             know
             ,
             the
             Point
             is
             now
             settled
             ,
             and
             the
             Practice
             is
             ,
             that
             they
             may
             ,
             and
             do
             :
             But
             this
             is
             most
             certain
             ,
             after
             the
             Evidence
             given
             ,
             the
             Jury
             cannot
             be
             Adjourned
             ,
             but
             must
             proceed
             in
             their
             Enquiry
             ,
             and
             be
             kept
             together
             till
             they
             are
             agreed
             of
             their
             Verdict
             ;
             this
             has
             caused
             some
             Hesitancy
             in
             me
             ,
             what
             the
             Law
             may
             be
             in
             this
             Case
             ;
             therefore
             I
             think
             it
             may
             be
             proper
             to
             consult
             with
             my
             Lords
             the
             Judges
             ;
             for
             I
             desire
             ,
             the
             thing
             may
             be
             considered
             and
             settled
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             humbly
             beg
             this
             Favour
             of
             your
             Grace
             ,
             but
             to
             Adjourn
             till
             to
             morrow
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             With
             all
             my
             heart
             ,
             my
             Lord
             ,
             if
             it
             may
             be
             done
             by
             Law.
             
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             hope
             it
             may
             ,
             my
             Lord
             ,
             and
             I
             beg
             that
             Favour
             of
             your
             Grace
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             ,
             I
             should
             be
             very
             glad
             to
             comply
             with
             your
             Lordship's
             desires
             ,
             but
             truly
             I
             have
             considered
             of
             it
             ,
             and
             do
             doubt
             whether
             I
             can
             by
             Law
             do
             it
             :
             In
             full
             Parliament
             it
             is
             clear
             it
             may
             be
             done
             ,
             but
             upon
             this
             Commission
             ,
             after
             my
             Lords
             the
             Peers
             are
             once
             charged
             ,
             and
             the
             Evidence
             partly
             given
             ,
             whether
             I
             can
             then
             Adjourn
             them
             till
             another
             Day
             ,
             is
             with
             me
             a
             Doubt
             :
             My
             Lords
             ,
             if
             your
             Lordships
             please
             ,
             before
             
             such
             time
             as
             my
             Lord
             ,
             the
             Prisoner
             at
             the
             Barr
             ,
             enters
             upon
             his
             Defence
             ,
             I
             will
             with
             your
             leave
             propound
             the
             Question
             to
             my
             Lords
             the
             Judges
             ,
             and
             hear
             their
             Opinion
             what
             the
             Law
             is
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             shall
             hardly
             be
             able
             to
             finish
             all
             I
             have
             to
             say
             in
             any
             convenient
             time
             this
             Day
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             But
             ,
             my
             Lord
             ,
             if
             an
             Adjournment
             cannot
             be
             by
             Law
             ,
             I
             cannot
             help
             it
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             There
             has
             a
             great
             deal
             been
             said
             ,
             and
             it
             will
             require
             a
             great
             deal
             of
             time
             to
             give
             it
             an
             Answer
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Ay
             ,
             but
             if
             it
             cannot
             be
             done
             as
             you
             would
             have
             it
             ,
             we
             must
             be
             contented
             to
             stay
             the
             longer
             together
             ;
             for
             I
             would
             not
             abridge
             you
             of
             your
             Defence
             ;
             therefore
             ,
             my
             Lords
             the
             Judges
             ,
             if
             you
             will
             please
             to
             go
             together
             and
             consider
             of
             it
             ,
             and
             report
             your
             Opinions
             ,
             what
             the
             Law
             is
             in
             this
             Case
             ,
             and
             we
             will
             stay
             till
             you
             come
             again
             ?
          
        
         
           Then
           the
           Judges
           withdrew
           into
           the
           Exchequer
           Chamber
           .
        
         
           
             E.
             Nottingham
             .
          
           
             My
             
               Lord
               High
               Steward
            
             ,
             I
             do
             humbly
             conceive
             ,
             this
             is
             a
             Matter
             that
             concerns
             the
             Priviledge
             of
             the
             Peers
             ,
             and
             because
             it
             is
             a
             Matter
             that
             doth
             so
             much
             concern
             the
             whole
             Peerage
             ;
             I
             think
             ,
             my
             Lords
             here
             ought
             in
             some
             measure
             to
             concern
             them selves
             about
             it
             :
             Therefore
             ,
             my
             Lord
             ,
             I
             have
             a
             short
             Motion
             to
             make
             to
             your
             Grace
             ,
             that
             ,
             considering
             the
             Consequence
             that
             the
             Precedent
             of
             this
             Case
             may
             draw
             with
             it
             ,
             since
             ,
             my
             Lords
             the
             Judges
             ,
             are
             gone
             together
             to
             consult
             of
             this
             Point
             ,
             of
             which
             ,
             I
             may
             say
             ,
             they
             are
             not
             altogether
             the
             sole
             Judges
             :
             We
             may
             also
             withdraw
             to
             consider
             of
             this
             Matter
             with
             them
             ,
             because
             it
             may
             not
             be
             proper
             for
             my
             Lords
             in
             Publick
             here
             ,
             to
             offer
             what
             they
             may
             have
             to
             say
             ,
             to
             incline
             my
             Lords
             the
             Judges
             in
             their
             Judgments
             one
             way
             or
             other
             ?
          
        
         
           
             L.
             Falconberge
             .
          
           
             My
             Lord
             ,
             I
             humbly
             offer
             this
             to
             your
             Grace
             ,
             upon
             the
             Motion
             that
             this
             Noble
             Lord
             has
             made
             ,
             that
             ,
             with
             Submission
             ,
             I
             take
             this
             to
             be
             a
             thing
             that
             concerns
             the
             Priviledge
             of
             Peerage
             only
             ,
             and
             I
             conceive
             the
             Judges
             are
             not
             concerned
             to
             make
             any
             Determination
             of
             that
             Matter
             .
             I
             think
             therefore
             ,
             my
             Lords
             here
             ought
             to
             retire
             with
             them
             to
             consider
             of
             it
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lords
             ,
             I
             think
             ,
             with
             Submission
             to
             your
             Lordships
             ,
             that
             this
             is
             a
             Question
             naturally
             proper
             for
             my
             Lords
             the
             Judges
             to
             give
             their
             Opinions
             in
             ,
             whether
             this
             Court
             ,
             as
             a
             Court
             of
             Judicature
             for
             the
             Trial
             of
             this
             Noble
             Lord
             ,
             may
             ,
             
             in
             the
             midst
             of
             the
             Tryal
             adjourn
             till
             another
             day
             :
             And
             the
             priviledge
             of
             the
             Peerage
             cannot
             at
             all
             come
             in
             question
             here
             as
             I
             conceive
             .
          
        
         
           
             L.
             Falconberg
             .
          
           
             My
             Lord
             ,
             that
             we
             conceive
             is
             a
             point
             of
             priviledge
             which
             certainly
             the
             inferior
             Courts
             can
             have
             no
             power
             to
             determine
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             If
             your
             Lordships
             have
             a
             mind
             to
             withdraw
             you
             may
             .
          
        
         
           
             Lords
             .
          
           
             Ay
             ,
             withdraw
             ,
             withdraw
             .
          
        
         
           Then
           the
           Peers
           withdrew
           ,
           and
           after
           half
           an
           hour
           the
           Judges
           returned
           and
           took
           their
           places
           as
           before
           ,
           and
           after
           about
           an
           hour
           the
           Peers
           returned
           to
           their
           former
           places
           .
        
         
           
             L.
             H.
             Steward
             ,
          
           
             My
             Lords
             the
             Judges
             have
             you
             considered
             of
             the
             Matter
             that
             has
             been
             proposed
             to
             you
             ,
             and
             what
             is
             your
             Opinion
             ?
          
        
         
           
             L.
             C.
             J.
             Herbert
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             the
             Judges
             in
             obedience
             to
             your
             Graces
             Commands
             have
             withdrawn
             ,
             and
             considered
             of
             what
             your
             Grace
             proposed
             to
             them
             ,
             and
             with
             humble
             Submission
             they
             take
             the
             Question
             to
             be
             this
             .
          
           
             Not
             ,
             whether
             your
             Grace
             may
             Adjourn
             your
             Commission
             from
             one
             day
             to
             another
             ,
             for
             that
             is
             clear
             you
             may
             ,
             and
             has
             been
             practised
             ,
             for
             that
             is
             the
             Case
             of
             the
             Earl
             of
             Somerset
             and
             his
             Wife
             .
          
           
             But
             the
             Question
             is
             ,
             Whether
             ,
             after
             the
             Prisoner
             is
             upon
             his
             Tryall
             ,
             and
             the
             Evidence
             for
             the
             King
             is
             given
             ,
             the
             Lords
             being
             ,
             as
             we
             may
             term
             it
             ,
             Charged
             with
             the
             Prisoner
             ,
             the
             Peers
             ,
             Tryers
             ,
             may
             separate
             for
             a
             time
             ,
             which
             is
             the
             consequent
             of
             an
             Adjournment
             to
             another
             day
             .
          
           
             And
             my
             Lord
             the
             Judges
             presume
             to
             acquaint
             your
             Grace
             ,
             that
             this
             is
             a
             matter
             wholly
             new
             to
             them
             ,
             and
             that
             they
             know
             not
             upon
             recollection
             of
             all
             that
             they
             can
             remember
             to
             have
             read
             ,
             that
             either
             this
             matter
             was
             done
             ,
             or
             questioned
             ,
             whether
             it
             might
             or
             might
             not
             be
             done
             in
             any
             Case
             .
          
           
             My
             Lord
             ,
             If
             the
             matter
             had
             been
             formerly
             done
             ,
             or
             been
             brought
             into
             question
             in
             any
             Case
             ,
             where
             it
             had
             received
             a
             determination
             ,
             and
             reported
             in
             any
             of
             our
             Books
             of
             Law
             ,
             then
             it
             would
             have
             been
             our
             duty
             to
             contribute
             all
             our
             Reading
             and
             Experience
             for
             the
             satisfaction
             of
             this
             great
             Court
             :
             But
             being
             ,
             as
             it
             is
             ,
             a
             new
             question
             ,
             and
             a
             question
             that
             not
             only
             concerns
             the
             particular
             Case
             of
             this
             Noble
             Lord
             at
             the
             Barr
             ,
             but
             is
             to
             be
             a
             president
             in
             all
             Cases
             of
             the
             like
             nature
             for
             the
             future
             :
             All
             we
             can
             do
             is
             ,
             to
             acquaint
             your
             Grace
             and
             my
             Noble
             Lords
             ,
             what
             the
             Law
             is
             in
             the
             inferiour
             Courts
             in
             Cases
             of
             the
             like
             nature
             ,
             and
             the
             Reason
             of
             the
             Law
             in
             those
             points
             ,
             and
             then
             leave
             the
             Jurisdiction
             of
             this
             Court
             to
             its
             proper
             Judgment
             .
          
           
           
             My
             Lord
             ,
             in
             the
             first
             place
             ,
             where
             the
             Tryal
             is
             by
             a
             Jury
             ,
             there
             the
             Law
             is
             clear
             ,
             the
             Jury
             once
             charged
             can
             never
             be
             discharged
             till
             they
             have
             given
             their
             Verdict
             ,
             this
             is
             clear
             ;
             and
             the
             reason
             of
             that
             is
             ,
             for
             fear
             of
             Corruption
             ,
             and
             tampering
             with
             the
             Jury
             ,
             an
             Officer
             is
             sworn
             to
             keep
             the
             Jury
             together
             without
             permitting
             them
             to
             separate
             or
             any
             one
             to
             converse
             with
             them
             ;
             for
             no
             man
             knows
             what
             may
             happen
             ,
             for
             (
             though
             the
             Law
             requires
             honest
             men
             should
             be
             returned
             upon
             Juryes
             ,
             and
             without
             a
             known
             Objection
             are
             presumed
             to
             be
             
               probi
               &
               legales
               homines
            
             ,
             yet
             )
             they
             are
             weak
             men
             ,
             and
             perhaps
             may
             be
             wrought
             upon
             by
             undue
             Applications
             .
          
           
             This
             ,
             My
             Lord
             ,
             it
             is
             said
             ,
             fails
             in
             this
             Case
             ,
             because
             the
             Lords
             that
             are
             to
             try
             a
             Peer
             ,
             are
             Persons
             of
             that
             great
             Integrity
             and
             Honour
             ,
             that
             there
             is
             not
             the
             least
             presumption
             of
             their
             being
             to
             be
             prevailed
             upon
             in
             any
             such
             way
             ;
             and
             for
             that
             reason
             ,
             because
             of
             the
             confidence
             which
             the
             Law
             reposes
             (
             and
             justly
             )
             in
             Persons
             of
             their
             Quality
             ,
             they
             are
             not
             sworn
             as
             common
             ordinary
             Jurors
             are
             ,
             but
             are
             charged
             and
             deliver
             their
             Verdict
             upon
             Honour
             .
          
           
             My
             Lord
             ,
             in
             the
             Case
             of
             a
             Tryal
             of
             a
             Peer
             in
             Parliament
             ,
             as
             your
             Grace
             was
             pleased
             to
             observe
             ,
             and
             as
             is
             very
             well
             known
             by
             late
             Experience
             ,
             there
             the
             matter
             has
             been
             Adjourned
             till
             another
             day
             ,
             and
             for
             divers
             days
             ;
             the
             Evidence
             being
             given
             in
             several
             Parcells
             ,
             and
             yet
             there
             the
             danger
             is
             as
             great
             (
             if
             any
             were
             to
             be
             supposed
             )
             of
             tampering
             :
             But
             whether
             the
             Lords
             being
             Judges
             in
             that
             Case
             ,
             and
             in
             this
             Case
             ,
             only
             in
             the
             nature
             of
             a
             Jury
             makes
             the
             difference
             ,
             though
             in
             both
             Cases
             it
             is
             but
             like
             a
             Verdict
             ,
             for
             they
             give
             their
             Opinions
             Seriatim
             ,
             whether
             the
             Peer
             tryed
             be
             Guilty
             or
             not
             Guilty
             ,
             that
             they
             submit
             to
             your
             Graces
             consideration
             .
          
           
             Upon
             the
             whole
             matter
             ,
             My
             Lord
             ,
             whether
             their
             being
             Judges
             in
             the
             one
             ,
             and
             not
             in
             the
             other
             instance
             ,
             alters
             the
             Case
             ,
             or
             whether
             the
             Reason
             of
             Law
             in
             inferiour
             Courts
             ,
             why
             the
             Jury
             are
             not
             permitted
             to
             seperate
             till
             they
             have
             discharged
             themselves
             by
             their
             Verdict
             ,
             may
             have
             any
             influence
             upon
             this
             Case
             ,
             where
             that
             reason
             seems
             to
             fail
             ,
             the
             Prisoner
             being
             to
             be
             tryed
             by
             his
             Peers
             ,
             that
             are
             men
             of
             unquestionable
             unsuspected
             Integrity
             and
             Honour
             ,
             we
             can't
             presume
             so
             far
             as
             to
             make
             any
             Determination
             in
             a
             point
             that
             is
             both
             new
             to
             us
             ,
             and
             of
             great
             Consequence
             in
             it self
             ;
             but
             think
             it
             the
             properest
             way
             for
             us
             ,
             having
             laid
             matters
             as
             we
             conceive
             them
             before
             your
             Grace
             and
             my
             Lords
             ,
             to
             submit
             the
             Jurisdiction
             of
             your
             own
             Court
             to
             your
             own
             determination
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lords
             ;
             I
             confess
             I
             would
             always
             be
             very
             tender
             of
             the
             Priviledge
             of
             the
             Peers
             ,
             wherever
             I
             find
             them
             concerned
             ;
             but
             truly
             I
             apprehend
             ,
             according
             to
             the
             best
             of
             my
             understanding
             ,
             that
             this
             Court
             is
             held
             before
             me
             .
             It
             is
             my
             Warrant
             that
             convenes
             the
             Prisoner
             to
             this
             Barr.
             It
             is
             my
             Summons
             that
             
             brings
             the
             Peers
             together
             to
             try
             him
             ,
             and
             so
             I
             take
             my self
             to
             be
             Judge
             of
             the
             Court.
             
          
           
             My
             Lords
             't
             is
             true
             may
             withdraw
             ,
             and
             they
             may
             call
             the
             Judges
             to
             them
             to
             assist
             them
             ,
             which
             shews
             they
             have
             an
             extraordinary
             Priviledge
             in
             some
             Cases
             more
             before
             the
             High
             Steward
             ,
             than
             Juries
             have
             in
             inferior
             Courts
             in
             Cases
             of
             common
             Persons
             :
             For
             if
             it
             be
             in
             a
             common
             Case
             ,
             no
             Jury
             can
             call
             either
             Counsell
             or
             Judges
             to
             assist
             them
             ,
             in
             the
             absence
             of
             the
             Prisoner
             ,
             but
             if
             they
             will
             have
             advice
             ,
             it
             must
             be
             asked
             in
             open
             Court
             in
             the
             presence
             of
             the
             party
             accused
             .
          
           
             But
             now
             ,
             My
             Lords
             ,
             if
             you
             have
             a
             mind
             to
             consult
             with
             me
             in
             private
             ,
             as
             I
             now
             sit
             by
             Virtue
             of
             this
             Commission
             ,
             which
             is
             his
             Majesties
             Warrant
             for
             me
             to
             hold
             this
             Court
             ,
             I
             could
             not
             withdraw
             with
             you
             ,
             but
             you
             must
             ask
             all
             your
             questions
             of
             me
             ,
             in
             the
             presence
             of
             the
             Prisoner
             in
             open
             Court
             ;
             whereas
             if
             it
             were
             in
             full
             Parliament
             ,
             as
             were
             the
             Cases
             of
             my
             Lord
             Stafford
             ,
             and
             my
             Lord
             of
             Pembroke
             ,
             then
             he
             that
             were
             the
             High
             Steward
             might
             go
             along
             with
             you
             when
             you
             withdrew
             ,
             and
             consult
             with
             you
             ,
             and
             give
             his
             Opinion
             ,
             which
             I
             cannot
             do
             in
             this
             Case
             ;
             for
             I
             am
             bound
             to
             sit
             in
             Court
             ,
             while
             you
             withdraw
             to
             consider
             of
             the
             Evidence
             ,
             and
             am
             not
             to
             hear
             any
             thing
             said
             to
             me
             ,
             but
             what
             is
             said
             in
             open
             Court
             in
             the
             presence
             of
             the
             Prisoner
             ,
             except
             it
             be
             when
             you
             deliver
             your
             Verdict
             .
          
           
             This
             I
             confess
             my
             Lords
             has
             a
             great
             weight
             with
             me
             ,
             and
             I
             know
             your
             Lordships
             will
             be
             very
             tender
             of
             proceeding
             in
             such
             a
             Case
             any
             way
             but
             according
             to
             Law
             ;
             For
             though
             you
             are
             Judges
             of
             your
             own
             Priviledges
             ,
             yet
             ,
             with
             Submission
             ,
             you
             are
             not
             Judges
             of
             the
             Law
             of
             this
             Court
             ;
             for
             that
             I
             take
             to
             be
             my
             Province
             .
          
           
             Why
             then
             ,
             Suppose
             my
             Lords
             ,
             I
             should
             take
             upon
             me
             to
             do
             as
             my
             Lord
             Delamere
             desires
             and
             adjourn
             the
             Court
             ,
             and
             suppose
             the
             Law
             should
             fall
             out
             to
             be
             that
             indeed
             I
             ought
             not
             so
             to
             have
             done
             ,
             would
             it
             be
             any
             advantage
             to
             this
             Noble
             Peer
             ,
             if
             he
             should
             be
             acquitted
             by
             your
             Lorships
             after
             such
             an
             Adjournment
             ,
             might
             not
             the
             evil
             consequence
             of
             that
             be
             ,
             that
             he
             might
             be
             Indicted
             for
             the
             same
             crime
             ,
             and
             tryed
             again
             ?
             For
             all
             the
             Proceedings
             after
             that
             would
             be
             Void
             ,
             and
             lyable
             to
             be
             reversed
             .
          
           
             And
             if
             on
             the
             other
             side
             your
             Lordships
             should
             think
             fit
             ,
             upon
             the
             Evidence
             you
             have
             now
             heard
             ,
             and
             what
             he
             shall
             say
             for
             himself
             ,
             to
             convict
             him
             after
             I
             have
             adjourned
             as
             is
             desired
             ,
             and
             I
             pass
             Judgment
             upon
             him
             ,
             as
             it
             will
             be
             a
             Duty
             incumbent
             upon
             me
             to
             pass
             Sentence
             on
             him
             ,
             if
             you
             convict
             him
             ;
             what
             will
             become
             of
             the
             Case
             then
             ;
             and
             how
             shall
             I
             be
             able
             to
             answer
             it
             ,
             as
             having
             done
             my
             duty
             ,
             when
             I
             pronounce
             a
             Judgment
             notoriously
             Erroneous
             and
             Illegall
             ?
             for
             so
             it
             will
             be
             ,
             if
             the
             Law
             prove
             to
             be
             against
             my
             adjourning
             :
             This
             ,
             my
             Lords
             ,
             is
             a
             matter
             of
             great
             moment
             ,
             and
             worth
             the
             Consideration
             .
          
           
           
             But
             in
             the
             other
             Case
             of
             a
             Trial
             in
             full
             Parliament
             ,
             the
             Lord
             that
             Sits
             where
             I
             do
             ,
             is
             only
             as
             the
             Chairman
             of
             the
             Court
             rather
             than
             Judge
             ,
             he
             gives
             a
             Vote
             in
             such
             proceedings
             ;
             and
             therefore
             my
             Lord
             the
             Prisoner
             did
             very
             well
             at
             the
             beginning
             to
             ask
             the
             Question
             ,
             whether
             I
             had
             any
             Vote
             in
             his
             Tryal
             ,
             as
             a
             Peer
             jointly
             with
             your
             Lordships
             :
             If
             I
             sat
             in
             full
             Parliament
             I
             should
             without
             all
             question
             give
             my
             Vote
             as
             well
             as
             any
             other
             Peer
             ,
             but
             sitting
             here
             by
             immediate
             Commission
             from
             the
             King
             
               pro
               hac
               vice
            
             ,
             High
             Steward
             ;
             I
             acquaint
             you
             as
             I
             did
             him
             ,
             I
             have
             no
             authority
             to
             give
             any
             Vote
             :
             My
             Business
             is
             to
             see
             the
             Law
             observed
             and
             fulfilled
             as
             Judge
             .
          
           
             Certainly
             ,
             My
             Lords
             ,
             your
             Lordships
             and
             I
             ,
             and
             all
             mankind
             ought
             to
             be
             tender
             of
             committing
             any
             Errors
             in
             Cases
             of
             Life
             and
             Death
             ,
             and
             I
             would
             be
             loath
             ,
             I
             will
             assure
             you
             ,
             to
             be
             recorded
             for
             giving
             an
             Erroneous
             Judgment
             in
             a
             Case
             of
             Blood
             ,
             and
             as
             the
             first
             man
             that
             should
             bring
             in
             an
             illegal
             Precedent
             ,
             the
             Consequence
             of
             which
             may
             extend
             I
             know
             not
             how
             far
             .
          
        
         
           
             M.
             Att.
             General
             .
          
           
             Will
             your
             Grace
             give
             direction
             for
             my
             Lord
             to
             proceed
             ?
          
        
         
           
             L.
             H.
             Steward
             ,
          
           
             Yes
             ,
             he
             must
             proceed
             I
             think
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             and
             you
             my
             Lords
             ,
             it
             is
             an
             offence
             of
             a
             very
             high
             Nature
             for
             which
             I
             am
             this
             day
             to
             answer
             before
             your
             Lordships
             ;
             yet
             I
             thank
             God
             I
             am
             not
             afraid
             to
             speak
             in
             this
             place
             ,
             because
             I
             am
             not
             only
             certain
             and
             very
             well
             assured
             of
             my
             own
             Innocency
             ,
             no
             such
             thought
             having
             as
             yet
             entred
             into
             my
             heart
             ;
             but
             I
             am
             also
             well
             assured
             of
             your
             Lordships
             Wisdom
             and
             Justice
             ,
             which
             cannot
             be
             imposed
             upon
             or
             surprized
             by
             Insinuations
             and
             florid
             Harangues
             ,
             nor
             governed
             by
             any
             thing
             but
             the
             Justice
             of
             the
             Cause
             .
          
           
             My
             Lords
             ,
             I
             can
             with
             a
             great
             deal
             of
             Comfort
             and
             Satisfaction
             say
             ,
             that
             these
             Crimes
             wherewith
             I
             am
             charged
             are
             not
             only
             Strangers
             to
             my
             Thoughts
             ,
             but
             also
             to
             what
             has
             been
             my
             constant
             Principle
             and
             Practice
             ;
             For
             I
             think
             that
             in
             matters
             relating
             to
             the
             Church
             and
             the
             things
             enjoyned
             therein
             ,
             few
             have
             conformed
             more
             in
             Practice
             then
             I
             have
             done
             ;
             and
             yet
             I
             do
             confess
             ,
             and
             am
             not
             ashamed
             to
             say
             it
             ,
             that
             I
             have
             always
             had
             a
             Tenderness
             for
             all
             those
             who
             could
             not
             keep
             pace
             with
             me
             ,
             and
             Charity
             for
             those
             that
             have
             outgone
             me
             ,
             and
             differed
             from
             me
             ,
             though
             never
             so
             far
             ;
             nay
             though
             of
             a
             different
             Religion
             :
             For
             I
             always
             thought
             Religion
             lay
             more
             in
             Charity
             than
             Persecution
             .
          
           
             While
             I
             had
             the
             Honour
             to
             be
             a
             Magistrate
             in
             my
             Country
             ,
             I
             did
             constantly
             duly
             and
             impartially
             execute
             the
             Laws
             ,
             and
             in
             every
             publick
             trust
             I
             was
             very
             faithful
             in
             the
             Discharge
             of
             it
             ,
             for
             I
             never
             voted
             nor
             spoke
             in
             any
             manner
             but
             as
             my
             Conscience
             and
             Judgment
             did
             dictate
             to
             me
             .
             I
             have
             always
             made
             the
             Laws
             the
             measure
             of
             my
             Loyalty
             ,
             and
             have
             still
             been
             as
             Zealous
             and
             Careful
             to
             give
             the
             King
             his
             Prerogative
             ,
             as
             
             to
             preserve
             to
             the
             people
             their
             Properties
             ,
             and
             have
             endeavoured
             as
             far
             as
             in
             me
             lay
             to
             live
             peaceably
             with
             all
             men
             .
          
           
             This
             ,
             My
             Lords
             ,
             was
             not
             only
             the
             Dictates
             of
             my
             own
             Inclinations
             ,
             but
             it
             was
             the
             Principle
             of
             my
             lather
             ,
             and
             the
             Lesson
             that
             he
             taught
             me
             :
             I
             say
             of
             my
             Father
             ,
             who
             was
             so
             greatly
             Instrumental
             in
             snatching
             this
             Nation
             out
             of
             its
             Confusion
             ,
             and
             restoring
             it
             to
             its
             ancient
             Government
             ,
             by
             setling
             his
             late
             Majesty
             upon
             his
             Throne
             ,
             and
             consequently
             was
             the
             means
             of
             his
             present
             Majesty
             that
             now
             is
             ,
             his
             coming
             so
             peaceably
             to
             the
             Crown
             :
             And
             this
             I
             may
             the
             more
             boldly
             speak
             ,
             because
             I
             speak
             it
             by
             good
             Authority
             ;
             because
             in
             the
             Patent
             that
             created
             my
             Father
             a
             Peer
             ,
             his
             late
             Majesty
             is
             pleased
             to
             say
             ,
             his
             rising
             was
             mainly
             instrumental
             in
             his
             Restoration
             .
             I
             beg
             the
             Favour
             of
             your
             Grace
             and
             my
             Lords
             ,
             that
             I
             may
             read
             to
             you
             that
             Clause
             in
             the
             preamble
             of
             the
             Patent
             ,
             which
             I
             have
             here
             ready
             to
             produce
             .
          
           
             
               Which
               was
               read
               ,
               and
               then
               ,
               my
               Lord
               proceeded
               as
               follows
               ,
            
             viz.
             
          
           
             My
             Lords
             ,
             I
             suppose
             most
             of
             your
             Lordships
             did
             know
             him
             ,
             and
             whosoever
             did
             so
             ,
             I
             dare
             say
             did
             believe
             him
             to
             be
             a
             good
             man
             :
             For
             my
             part
             I
             did
             not
             know
             a
             better
             Copy
             to
             write
             after
             than
             his
             Example
             ,
             which
             I
             endeavoured
             always
             to
             imitate
             ,
             and
             that
             I
             hope
             will
             go
             very
             far
             to
             vindicate
             me
             from
             the
             Imputation
             of
             being
             inclined
             to
             any
             such
             Crime
             as
             I
             stand
             charged
             with
             .
          
           
             My
             Lords
             ,
             it
             is
             now
             late
             ,
             and
             therefore
             I
             shall
             cut
             off
             a
             great
             deal
             of
             what
             I
             had
             intended
             to
             say
             to
             your
             Lordships
             ,
             that
             I
             may
             not
             take
             up
             too
             much
             of
             your
             time
             ,
             and
             come
             immediately
             to
             my
             Defence
             ,
             as
             to
             what
             I
             stand
             accused
             of
             .
          
           
             And
             first
             ,
             my
             Lords
             ,
             I
             shall
             observe
             that
             here
             have
             been
             a
             great
             many
             Witnesses
             produced
             ,
             and
             a
             great
             deal
             of
             Swearing
             ,
             but
             little
             or
             nothing
             of
             Legal
             Evidence
             to
             affect
             me
             ;
             for
             there
             is
             but
             one
             man
             that
             saith
             any
             thing
             home
             and
             positively
             against
             me
             (
             and
             whom
             I
             shall
             answer
             by
             and
             by
             )
             all
             the
             rest
             are
             but
             Hear-says
             ,
             and
             such
             remote
             Circumstances
             ,
             as
             may
             be
             tacked
             to
             any
             Evidence
             against
             any
             other
             person
             ,
             but
             are
             urged
             against
             me
             for
             want
             of
             greater
             matters
             to
             charge
             me
             with
             ;
             and
             therefore
             I
             hope
             the
             producing
             and
             pressing
             of
             these
             things
             against
             me
             ,
             is
             rather
             a
             strong
             Argument
             that
             I
             am
             Innocent
             ,
             and
             that
             there
             have
             been
             mischievous
             and
             ill
             designs
             of
             some
             against
             me
             ,
             than
             that
             I
             am
             guilty
             ;
             for
             if
             they
             had
             had
             other
             and
             greater
             matters
             ,
             your
             Lordships
             would
             have
             been
             sure
             to
             have
             heard
             of
             them
             .
          
           
             With
             your
             Lordships
             leave
             ,
             I
             cannot
             but
             observe
             to
             your
             Lordships
             an
             excellent
             saying
             of
             that
             great
             man
             my
             Lord
             of
             Nottingham
             (
             whose
             Name
             will
             ever
             be
             remembred
             with
             Honour
             in
             our
             English
             Nation
             ,
             )
             when
             he
             sate
             in
             the
             same
             place
             that
             your
             Grace
             does
             now
             ,
             at
             the
             Tryal
             of
             my
             Lord
             Cornwallis
             ,
             which
             I
             will
             read
             to
             your
             Lordships
             .
             Speaking
             to
             the
             Peers
             he
             has
             this
             passage
             .
          
           
           
             
               I
               know
               your
               Lordships
               will
               weigh
               the
               Fact
               ,
               with
               all
               its
               circumstances
               ,
               from
               which
               it
               is
               to
               receive
               its
               true
               and
               its
               proper
               Doom
               .
               Your
               Lordships
               are
               too
               just
               to
               let
               Pity
               make
               any
               abatement
               for
               the
               Crime
               ,
               and
               too
               wise
               to
               suffer
               Rhetorick
               to
               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
               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
               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
               Council
               in
               the
               world
               should
               not
               be
               able
               to
               answer
               it
               .
            
          
           
             My
             Lords
             ,
             I
             think
             the
             Evidence
             that
             has
             been
             given
             against
             me
             this
             day
             does
             not
             come
             up
             to
             this
             .
             And
             I
             hope
             your
             Lordships
             will
             regard
             this
             saying
             of
             my
             Lord
             Nottinghams
             ,
             as
             more
             worthy
             of
             your
             consideration
             ,
             than
             the
             fine
             Flourishings
             and
             Insinuations
             of
             the
             Kings
             Council
             ,
             which
             tend
             (
             if
             it
             be
             not
             so
             designed
             )
             rather
             to
             misguide
             your
             Lordships
             ,
             than
             to
             lead
             you
             to
             find
             out
             the
             Truth
             .
          
           
             My
             Lords
             ,
             I
             shall
             now
             tell
             you
             the
             method
             that
             I
             shall
             proceed
             in
             ,
             in
             making
             my
             Defence
             ;
             and
             I
             begin
             with
             Saxon
             ,
             for
             he
             I
             perceive
             is
             the
             great
             Goliah
             ,
             whose
             Evidence
             is
             to
             maintain
             this
             Accusation
             ,
             and
             if
             I
             cut
             him
             down
             ,
             I
             suppose
             I
             shall
             be
             thought
             to
             have
             done
             my
             own
             business
             ;
             therefore
             to
             that
             I
             shall
             apply
             my self
             first
             ,
             and
             do
             it
             if
             I
             can
             ;
             and
             I
             will
             in
             the
             first
             place
             examine
             several
             persons
             that
             are
             his
             Neighbours
             and
             have
             conversed
             ,
             with
             him
             what
             they
             have
             heard
             and
             know
             of
             him
             ;
             and
             first
             I
             desire
             
               Richard
               Hall
            
             may
             be
             called
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             Delamere
             ,
             if
             you
             begin
             that
             way
             to
             call
             Witnesses
             against
             Saxon
             ,
             it
             is
             fit
             he
             should
             be
             here
             to
             know
             what
             is
             said
             against
             him
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Ay
             ,
             with
             all
             my
             heart
             ,
             My
             Lord.
             
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Then
             call
             Saxon
             agen
             .
          
        
         
           Then
           Saxon
           and
           Hall
           
             came
             both
             in
          
        
         
           
             L.
             Delamere
             .
          
           
             Pray
             Mr.
             Hall
             tell
             my
             Lords
             here
             what
             you
             know
             of
             
               Thomas
               Saxon.
            
             
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             What
             is
             it
             you
             ask
             of
             this
             Witness
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             desire
             him
             to
             give
             an
             account
             what
             he
             knows
             of
             a
             Letter
             ,
             that
             was
             forged
             by
             Saxon
             ,
             in
             the
             name
             of
             one
             Hildage
             .
          
        
         
           
             Hall.
             
          
           
             About
             the
             nineteenth
             of
             December
             in
             the
             year
             1683
             ,
             I
             received
             a
             Letter
             by
             
               Thomas
               Saxon
            
             from
             
               Richard
               Hildage
            
             ,
             wherein
             he
             desired
             me
             to
             send
             him
             the
             sum
             of
             six
             pounds
             odd
             money
             which
             I
             owed
             him
             ;
             I
             received
             the
             Letter
             and
             paid
             the
             money
             ,
             and
             to
             the
             best
             of
             my
             knowledge
             some
             little
             time
             after
             I
             met
             with
             the
             said
             Hildage
             at
             Newcastle
             ,
             who
             asked
             me
             to
             pay
             him
             the
             money
             I
             owed
             him
             :
             I
             replyed
             I
             had
             paid
             the
             money
             ,
             according
             to
             his
             Note
             ,
             but
             he
             said
             he
             never
             gave
             any
             such
             Note
             ,
             and
             threatned
             to
             sue
             me
             ;
             thereupon
             I
             sent
             one
             Lord
             to
             Hildage
             ,
             
             that
             is
             here
             now
             in
             the
             Court
             ,
             and
             desired
             Hildage
             his
             forbearance
             for
             a
             while
             ,
             till
             I
             could
             get
             the
             money
             from
             Saxon
             back
             again
             ,
             and
             afterwards
             he
             sent
             again
             for
             his
             money
             ,
             and
             I
             sent
             to
             Saxon
             for
             it
             ,
             but
             still
             the
             money
             did
             not
             come
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Did
             you
             ever
             speak
             with
             Saxon
             himself
             ?
          
        
         
           
             Hall.
             
          
           
             No
             ,
             but
             with
             his
             wife
             ,
             who
             came
             to
             me
             about
             it
             ,
             but
             he
             acknowledged
             ,
             he
             wrote
             the
             Letter
             before
             
               John
               Lord.
            
             
          
        
         
           
             Saxon.
             
          
           
             Did
             not
             my
             wife
             tell
             you
             that
             
               Richard
               Hildage
            
             lent
             me
             the
             money
             ?
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Nay
             ,
             you
             must
             not
             Dialogue
             with
             one
             another
             ,
             but
             if
             you
             have
             any
             questions
             you
             must
             propound
             them
             to
             the
             Court
             :
             My
             Lord
             Delamere
             ,
             have
             you
             any
             more
             questions
             to
             ask
             him
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Then
             what
             is
             it
             you
             would
             have
             him
             asked
             ,
             Saxon
             ?
          
        
         
           
             Saxon.
             
          
           
             I
             desire
             you
             would
             please
             to
             ask
             him
             whether
             or
             no
             ,
             he
             did
             not
             lend
             me
             the
             money
             ?
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             He
             ,
             who
             do
             you
             mean
             ?
          
        
         
           
             Saxon.
             
          
           
             
               Richard
               Hildage
            
             did
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             What
             say
             you
             did
             
               Richard
               Hildage
            
             lend
             him
             the
             money
             ?
          
        
         
           
             Hall.
             
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Look
             you
             ,
             my
             Lord
             Delamere
             ,
             the
             Objection
             carries
             a
             great
             deal
             of
             weight
             in
             it
             ,
             to
             prove
             him
             a
             very
             ill
             man
             ,
             if
             it
             be
             fully
             made
             out
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             if
             your
             Grace
             please
             I
             can
             prove
             that
             he
             owned
             the
             writing
             of
             the
             Letter
             to
             another
             man.
             
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             My
             Lord
             ,
             he
             does
             own
             here
             ,
             that
             he
             wrote
             the
             Letter
             and
             that
             he
             wrote
             it
             in
             Hildage's
             name
             ,
             but
             he
             saith
             ,
             the
             Letter
             he
             so
             wrote
             in
             Hildage's
             Name
             was
             by
             Hildage's
             direction
             ,
             and
             if
             so
             ,
             that
             takes
             off
             the
             Objection
             made
             against
             him
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             must
             submit
             that
             to
             your
             Grace
             ,
             whether
             what
             he
             says
             in
             that
             matter
             be
             Evidence
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             What
             Hildage
             did
             ,
             or
             did
             not
             ,
             is
             the
             main
             turn
             of
             the
             question
             in
             this
             Case
             ;
             for
             he
             might
             lend
             him
             the
             money
             ,
             and
             yet
             afterwards
             might
             say
             ,
             when
             he
             thought
             he
             might
             lose
             it
             ,
             that
             he
             did
             not
             send
             any
             such
             Letter
             ,
             and
             all
             this
             be
             true
             ,
             and
             Saxon
             in
             no
             fault
             :
             I
             must
             confess
             ,
             if
             Hildage
             were
             here
             ,
             himself
             ,
             and
             should
             deny
             the
             lending
             of
             the
             money
             ,
             or
             the
             giving
             him
             Directions
             to
             receive
             it
             ,
             you
             would
             have
             fixed
             a
             shrewd
             Objection
             upon
             him
             ;
             but
             otherwise
             Hear-says
             and
             discourses
             at
             second
             hand
             are
             not
             to
             take
             off
             the
             Credit
             of
             any
             mans
             Testimony
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             But
             Hall
             says
             Hildage
             denyed
             the
             receipt
             of
             the
             money
             ,
             or
             any
             Order
             for
             receiving
             of
             it
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             That
             signifies
             nothing
             ,
             being
             but
             by
             second
             hand
             .
          
        
         
           
             Saxon.
             
          
           
             If
             it
             please
             your
             Grace
             ,
             here
             is
             my
             Brother
             in
             Court
             will
             give
             you
             an
             account
             of
             it
             .
          
        
         
           
           
             L.
             H.
             Steward
             .
          
           
             Well
             ,
             well
             ,
             Hold
             your
             tongue
             ;
             will
             your
             Lordship
             please
             to
             go
             on
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             The
             next
             Witness
             ,
             my
             Lord
             ,
             that
             I
             shall
             call
             ,
             shall
             be
             
               Francis
               Ling
            
             
               who
               came
               in
               .
            
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             What
             do
             you
             ask
             this
             Witness
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Mr.
             Ling
             ,
             pray
             will
             you
             tell
             his
             Grace
             ,
             and
             my
             Lords
             ,
             what
             you
             know
             concerning
             
             Saxon's
             receiving
             any
             Money
             in
             the
             name
             of
             Mrs.
             Wilbraham
             ,
             without
             her
             Order
             .
          
        
         
           
             Ling.
             
          
           
             He
             called
             at
             this
             same
             Hildage's
             at
             Newcastle
             ,
             and
             received
             twenty
             five
             Shillings
             ,
             and
             said
             it
             was
             for
             Mrs.
             Wilbraham
             in
             her
             name
             ,
             but
             she
             never
             received
             a
             penny
             of
             the
             Money
             ,
             nor
             knew
             of
             his
             having
             received
             it
             ,
             till
             he
             came
             to
             pay
             another
             Quarter
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Where
             is
             that
             Mrs.
             Wilbraham
             ,
             is
             she
             here
             ?
          
        
         
           
             Ling.
             
          
           
             No
             ,
             my
             Lord
             ,
             she
             is
             a
             Neighbour
             of
             ours
             ,
             an
             Ancient
             Woman
             ,
             fourscore
             years
             of
             Age
             ,
             and
             cannot
             come
             so
             far
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             This
             is
             the
             same
             Case
             with
             the
             other
             ,
             you
             can
             never
             think
             to
             take
             off
             the
             Credibility
             of
             Witnesses
             by
             such
             Testimony
             ;
             for
             this
             is
             only
             a
             Tale
             out
             of
             an
             Old
             Woman's
             Mouth
             :
             What
             if
             that
             Old
             Woman
             told
             him
             a
             false
             Story
             ?
          
        
         
           
             Ling.
             
          
           
             She
             said
             —
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             I
             care
             not
             what
             she
             said
             ,
             this
             is
             no
             Evidence
             at
             all
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Then
             'pray
             call
             
               Richard
               Shaw
            
             
               who
               came
               in
               .
            
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Well
             ,
             what
             says
             this
             Witness
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Shaw
             ,
             can
             you
             tell
             any
             thing
             of
             Thomas
             Saxon's
             writing
             a
             Letter
             ,
             and
             sending
             it
             in
             the
             Name
             of
             one
             Paugston
             a
             Bayliff
             ?
          
        
         
           
             Shaw.
             
          
           
             He
             writ
             a
             Letter
             ,
             as
             I
             understand
             ,
             concerning
             some
             money
             that
             I
             owed
             him
             ;
             for
             I
             owed
             him
             a
             little
             money
             ,
             and
             being
             I
             did
             not
             pay
             it
             ,
             he
             does
             forge
             a
             Letter
             ,
             and
             puts
             William
             Paugston's
             name
             to
             it
             ,
             so
             I
             got
             up
             the
             other
             Morning
             —
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Where
             is
             Paugston
             ?
             Is
             he
             here
             ?
          
        
         
           
             Shaw.
             
          
           
             No
             ,
             my
             Lord
             ,
             he
             is
             not
             ,
             but
             he
             told
             me
             he
             did
             not
             write
             the
             Letter
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Why
             ,
             this
             is
             just
             the
             same
             again
             ,
             and
             we
             all
             know
             how
             easie
             a
             thing
             it
             is
             to
             hear
             a
             Bayliff
             tell
             a
             Lye.
             
          
        
         
           
             Shaw.
             
          
           
             I
             cannot
             tell
             ,
             but
             I
             called
             —
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             All
             that
             is
             nothing
             ,
             It
             is
             a
             difficulter
             matter
             to
             hear
             such
             Fellows
             speak
             truth
             ,
             than
             any
             thing
             else
             ,
             I
             am
             sure
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             The
             next
             Witness
             that
             I
             shall
             call
             ,
             is
             ,
             
               Peter
               Hough
            
             
               who
               Appeared
               .
            
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             There
             is
             your
             Witness
             ,
             What
             say
             you
             to
             him
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Pray
             acquaint
             his
             Grace
             ,
             and
             my
             Lords
             ,
             what
             you
             know
             of
             
             Saxon's
             cheating
             you
             in
             the
             making
             of
             a
             Bond.
             
          
        
         
           
             Hough
             .
          
           
             My
             Lord
             ,
             he
             had
             six
             Pound
             ten
             Shillings
             in
             money
             ,
             and
             ten
             Shillings
             in
             work
             done
             ,
             for
             which
             he
             was
             to
             give
             me
             a
             Bond
             ,
             and
             hereof
             he
             made
             the
             Bond
             himself
             .
             I
             thought
             it
             had
             been
             right
             ,
             and
             took
             it
             ;
             but
             about
             the
             time
             when
             the
             money
             was
             
             become
             due
             ,
             I
             looked
             upon
             it
             ,
             and
             it
             proved
             to
             be
             but
             for
             6
             l.
             
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             What
             should
             it
             have
             been
             for
             ?
          
        
         
           
             Hough
             .
          
           
             It
             should
             have
             been
             for
             six
             Pounds
             ten
             Shillings
             in
             money
             ,
             and
             ten
             Shillings
             in
             work
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Did
             not
             he
             give
             thee
             a
             Bond
             for
             all
             thy
             money
             ?
          
        
         
           
             Hough
             .
          
           
             It
             should
             have
             been
             so
             ,
             but
             I
             never
             had
             it
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Had
             you
             never
             the
             money
             ?
          
        
         
           
             Hough
             .
          
           
             No
             ,
             I
             never
             had
             the
             money
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             What
             did
             he
             say
             the
             Bond
             should
             be
             made
             for
             ?
          
        
         
           
             Hough
             .
          
           
             For
             seven
             Pounds
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             What
             say
             you
             to
             it
             Saxon
             ?
          
        
         
           
             Saxon.
             
          
           
             My
             Lord
             ,
             I
             had
             five
             Pounds
             ten
             Shillings
             of
             him
             in
             money
             ,
             and
             ten
             Shillings
             in
             work
             ,
             for
             which
             I
             gave
             him
             Bond
             ,
             there
             were
             the
             Witnesses
             names
             at
             it
             ,
             the
             Bond
             was
             fairly
             read
             ,
             and
             I
             sealed
             it
             ,
             and
             he
             took
             it
             with
             him
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Ay
             ,
             but
             he
             says
             it
             was
             to
             be
             for
             seven
             Pounds
             .
          
        
         
           
             Saxon.
             
          
           
             I
             never
             had
             any
             more
             of
             him
             than
             six
             Pounds
             ,
             and
             for
             that
             I
             gave
             him
             Bond.
             
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Was
             the
             Bond
             read
             to
             you
             ?
          
        
         
           
             Hough
             .
          
           
             He
             read
             it
             himself
             ,
             and
             he
             made
             it
             himself
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             How
             did
             he
             read
             it
             ?
             What
             did
             you
             apprehend
             by
             his
             reading
             it
             was
             made
             for
             ?
          
        
         
           
             Hough
             .
          
           
             I
             took
             it
             as
             he
             read
             it
             to
             be
             made
             for
             seven
             Pounds
             .
          
        
         
           
             Saxon.
             
          
           
             He
             may
             say
             what
             he
             pleases
             ,
             but
             I
             had
             no
             more
             of
             him
             but
             six
             Pounds
             ;
             I
             was
             to
             give
             Bond
             for
             no
             more
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Now
             the
             Witnesses
             to
             this
             Bond
             would
             be
             very
             proper
             to
             be
             produced
             here
             :
             For
             ,
             if
             he
             did
             make
             the
             Bond
             but
             for
             six
             Pounds
             ,
             when
             the
             Debt
             that
             was
             to
             be
             secured
             was
             seven
             Pounds
             ,
             that
             is
             a
             sign
             that
             he
             had
             an
             intention
             to
             cheat
             him
             of
             the
             twenty
             Shillings
             .
          
        
         
           
             L.
             H.
             Delamere
             .
          
           
             That
             shews
             what
             a
             kind
             of
             man
             he
             is
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             But
             this
             is
             but
             Witness
             against
             Witness
             ,
             for
             he
             says
             he
             owed
             no
             more
             ,
             and
             was
             to
             make
             the
             Bond
             for
             no
             more
             .
          
        
         
           
             Hough
             .
          
           
             It
             was
             as
             I
             tell
             you
             ,
             I
             assure
             you
             ,
             my
             Lord.
             
          
        
         
           
             Saxon.
             
          
           
             I
             had
             no
             more
             of
             him
             than
             six
             Pounds
             .
          
        
         
           
             Hough
             .
          
           
             Did
             not
             I
             ask
             you
             afterwards
             one
             Question
             more
             ,
             and
             told
             you
             it
             was
             a
             Cheat
             ,
             and
             you
             said
             it
             should
             be
             mended
             ?
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             Well
             ,
             my
             Lords
             have
             heard
             it
             ,
             they
             will
             consider
             what
             weight
             to
             lay
             upon
             it
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             'Pray
             call
             
               Edward
               Wilkinson
            
             
               who
               appeared
               .
            
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             What
             do
             you
             ask
             him
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Wilkinson
             ,
             'pray
             tell
             my
             Lords
             ,
             how
             Saxon
             dealt
             with
             you
             about
             your
             Horse
             ?
          
        
         
           
             Wilkinson
             .
          
           
             My
             Lord
             ,
             he
             hired
             a
             Horse
             of
             me
             for
             three
             days
             ,
             and
             was
             to
             give
             me
             twelve
             pence
             a
             day
             ,
             but
             he
             never
             came
             again
             ,
             nor
             had
             I
             any
             satisfaction
             for
             my
             Horse
             ,
             but
             I
             lost
             my
             Horse
             by
             the
             Bargain
             ,
             and
             my
             money
             too
             .
          
        
         
           
             L.
             H.
             Steward
             .
          
           
             How
             long
             ago
             was
             it
             since
             he
             hired
             your
             Horse
             ?
          
        
         
           
             Wilkinson
             .
          
           
             My
             Lord
             ,
             it
             was
             the
             Twenty
             third
             of
             June
             ,
             to
             the
             best
             of
             my
             remembrance
             .
          
        
         
           
           
             L.
             H.
             Stew.
             
          
           
             Did
             not
             he
             agree
             with
             you
             for
             12
             d.
             a
             day
             as
             long
             as
             he
             used
             your
             Horse
             ?
          
        
         
           
             Wilkinson
             .
          
           
             I
             expected
             to
             have
             my
             Horse
             in
             3
             days
             time
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             But
             mind
             my
             Question
             ,
             Did
             you
             agree
             that
             he
             should
             have
             him
             but
             3
             days
             ?
             or
             ,
             was
             he
             to
             give
             you
             12
             d.
             a
             day
             for
             so
             long
             as
             he
             kept
             him
             out
             ?
          
        
         
           
             Wilkinson
             .
          
           
             I
             was
             to
             have
             12
             d.
             a
             day
             for
             him
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             What
             ,
             as
             long
             as
             he
             used
             him
             ,
             or
             only
             for
             3
             days
             ?
          
        
         
           
             Wilkinson
             .
          
           
             He
             did
             agree
             with
             me
             to
             bring
             him
             again
             in
             3
             days
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             I
             perceive
             by
             the
             time
             ,
             he
             rid
             into
             the
             Rebellion
             with
             this
             Horse
             ,
             and
             he
             was
             a
             very
             Knave
             for
             so
             doing
             ,
             upon
             my
             Conscience
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Call
             
               William
               Wright
            
             .
             
               who
               came
               in
            
             Pray
             will
             you
             give
             my
             Lords
             an
             account
             what
             Reputation
             this
             
               Thomas
               Saxon
            
             is
             of
             in
             his
             Countrey
             .
          
        
         
           
             Wright
             .
          
           
             My
             Lord
             ,
             this
             
               Thomas
               Saxon
            
             came
             to
             live
             at
             Sambige
             ,
             and
             I
             had
             some
             dealings
             with
             him
             as
             well
             as
             other
             men
             ,
             and
             I
             never
             found
             him
             to
             perfect
             his
             word
             in
             any
             thing
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             What
             didst
             thou
             never
             find
             him
             ?
          
        
         
           
             Wright
             .
          
           
             To
             perfect
             his
             word
             in
             any
             thing
             ,
             My
             Lord.
             
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             That
             is
             ,
             make
             good
             his
             word
             I
             suppose
             ,
             but
             that
             is
             your
             Cheshire
             Phrase
             .
          
        
         
           
             Wright
             .
          
           
             Whereupon
             I
             met
             with
             him
             one
             Evening
             after
             Evening
             Prayer
             ,
             and
             said
             to
             him
             ,
             
               Thomas
               Saxon
            
             ,
             if
             I
             cared
             no
             more
             for
             keeping
             my
             word
             than
             thou
             do'st
             ,
             it
             were
             no
             matter
             if
             I
             were
             hang'd
             ;
             for
             to
             be
             sure
             ,
             if
             thy
             mouth
             open
             ,
             thy
             tongue
             lyes
             ;
             and
             he
             turn'd
             away
             from
             me
             ,
             and
             would
             not
             answer
             me
             a
             word
             ;
             and
             since
             that
             he
             owed
             me
             some
             money
             ,
             and
             when
             I
             asked
             him
             for
             it
             ,
             he
             told
             me
             if
             I
             did
             trouble
             him
             for
             the
             Money
             it
             should
             be
             the
             worse
             for
             me
             ;
             whereof
             all
             the
             Town
             knows
             as
             well
             as
             I
             that
             I
             cannot
             set
             him
             forth
             in
             words
             as
             bad
             as
             he
             is
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Can
             you
             instance
             in
             particular
             ,
             Friend
             ,
             of
             any
             Fraud
             ,
             Cheat
             ,
             or
             Cozenage
             that
             he
             has
             been
             guilty
             of
             ?
             for
             it
             is
             not
             what
             the
             Town
             says
             ,
             but
             what
             can
             be
             proved
             ,
             that
             we
             must
             take
             for
             Evidence
             ;
             the
             Town
             that
             thou
             livest
             in
             may
             reckon
             thee
             but
             an
             idle
             Fellow
             ,
             and
             yet
             thou
             may'st
             be
             a
             very
             honest
             man
             for
             all
             that
             .
          
        
         
           
             Wright
             .
          
           
             I
             trust
             ,
             My
             Lord
             ,
             I
             am
             so
             ,
             and
             shall
             always
             prove
             so
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Well
             ,
             what
             dost
             thou
             know
             ill
             of
             him
             ?
          
        
         
           
             Wright
             .
          
           
             He
             did
             not
             keep
             his
             word
             with
             me
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Wherein
             dost
             thou
             mean
             ?
          
        
         
           
             Wright
             .
          
           
             As
             to
             Money
             he
             owed
             me
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             How
             much
             Money
             did
             he
             owe
             thee
             ?
          
        
         
           
             Wright
             .
          
           
             He
             owed
             me
             a
             deal
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             How
             much
             dost
             thou
             call
             a
             deal
             ?
          
        
         
           
             Wright
             .
          
           
             I
             cannot
             tell
             how
             much
             exactly
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Does
             he
             owe
             thee
             any
             thing
             now
             ?
          
        
         
           
             Wright
             .
          
           
             Yes
             ,
             but
             I
             cannot
             justly
             tell
             how
             much
             .
          
        
         
           
           
             L.
             H.
             Stew.
             
          
           
             My
             Lord
             Delamere
             ,
             I
             would
             be
             very
             unwilling
             to
             interrupt
             the
             method
             of
             your
             defence
             ,
             or
             abridge
             you
             in
             your
             Evidence
             ;
             but
             really
             this
             objection
             that
             you
             endeavour
             to
             prove
             by
             this
             Witness
             ,
             is
             not
             at
             all
             ,
             as
             I
             conceive
             ,
             for
             your
             Lordships
             Service
             :
             For
             it
             is
             a
             very
             hard
             case
             ,
             if
             any
             one
             that
             owes
             money
             and
             does
             not
             pay
             it
             ,
             shall
             for
             that
             very
             reason
             lose
             the
             credit
             of
             his
             Testimony
             ,
             this
             rather
             gives
             a
             countenance
             to
             what
             he
             says
             ,
             that
             you
             know
             no
             other
             Objections
             but
             such
             trivial
             ones
             to
             make
             against
             him
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Then
             ,
             If
             your
             Grace
             please
             ,
             I
             will
             make
             short
             work
             of
             it
             ,
             and
             spare
             your
             time
             ;
             I
             shall
             pass
             over
             this
             part
             of
             my
             Evidence
             ,
             though
             I
             have
             many
             more
             witnesses
             to
             this
             point
             ,
             and
             come
             to
             other
             matters
             ,
             to
             matter
             of
             Fact
             to
             encounter
             this
             positive
             proof
             that
             has
             been
             given
             against
             me
             .
             Your
             Grace
             and
             my
             Lords
             do
             observe
             ,
             that
             this
             man
             Saxon
             has
             testified
             that
             about
             the
             3
             d
             or
             4
             th
             of
             June
             last
             
               for
               there
               he
               fixed
               the
               time
            
             this
             man
             as
             an
             extraordinary
             Person
             that
             was
             fit
             to
             be
             trusted
             in
             an
             Affair
             of
             this
             Nature
             ,
             being
             confided
             in
             ,
             and
             recommended
             by
             my
             Lord
             Brandon
             ,
             was
             sent
             for
             by
             me
             to
             Mere
             ,
             where
             he
             found
             me
             and
             Sir
             
               Robert
               Cotton
            
             and
             
               Mr.
               Offley
            
             ,
             who
             did
             employ
             him
             to
             transact
             the
             matter
             of
             stirring
             up
             the
             Countrey
             ,
             in
             order
             to
             a
             rising
             and
             joyning
             with
             the
             late
             Duke
             of
             Monmouth
             :
             Now
             I
             will
             first
             prove
             to
             your
             Lordship
             in
             general
             ,
             that
             Sir
             
               Robert
               Cotton
            
             was
             not
             in
             Cheshire
             for
             Many
             weeks
             ,
             nay
             several
             months
             ,
             both
             before
             and
             after
             the
             time
             he
             speaks
             of
             :
             And
             next
             in
             particular
             I
             shall
             prove
             ,
             as
             to
             the
             time
             that
             he
             has
             pitched
             upon
             ,
             by
             divers
             Persons
             that
             saw
             Sir
             
               Robert
               Cotton
            
             here
             then
             in
             London
             ,
             and
             give
             you
             particular
             reasons
             for
             it
             :
             First
             to
             prove
             that
             he
             was
             here
             in
             Town
             so
             long
             in
             general
             :
             I
             shall
             produce
             his
             Servants
             that
             saw
             him
             every
             day
             :
             Call
             —
             Billing
             
               who
               appear'd
            
             Pray
             Sir
             will
             you
             give
             an
             account
             what
             time
             Sir
             
               Robert
               Cotton
            
             came
             to
             London
             ,
             when
             he
             went
             out
             of
             London
             ,
             and
             whether
             you
             were
             frequently
             in
             his
             Company
             and
             saw
             him
             here
             .
          
        
         
           
             Billing
             .
          
           
             My
             Lord
             ,
             to
             the
             best
             of
             my
             remembrance
             ,
             Sir
             
               Robert
               Cotton
            
             came
             to
             Town
             the
             10
             th
             of
             April
             last
             ,
             and
             I
             was
             with
             him
             here
             in
             Town
             ,
             at
             his
             house
             at
             the
             Horse-Ferry
             till
             the
             latter
             end
             of
             July
             ,
             and
             saw
             him
             constantly
             more
             than
             once
             or
             twice
             every
             day
             for
             that
             time
             ,
             I
             used
             to
             come
             into
             his
             Chamber
             most
             Mornings
             before
             he
             was
             up
             ,
             I
             used
             to
             buy
             in
             his
             Provision
             for
             his
             House
             ,
             I
             saw
             him
             in
             Bed
             ,
             or
             heard
             he
             was
             in
             Bed
             every
             night
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Did
             you
             belong
             to
             him
             ?
          
        
         
           
             Billing
             .
          
           
             I
             am
             his
             Servant
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             He
             lived
             with
             him
             in
             the
             House
             all
             the
             while
             he
             says
             ?
          
        
         
           
             Billing
             .
          
           
             Then
             about
             the
             latter
             end
             of
             July
             he
             went
             out
             of
             Town
             for
             3
             days
             to
             Epsom
             ,
             and
             then
             he
             came
             to
             Town
             again
             ,
             and
             continued
             here
             till
             the
             time
             he
             was
             committed
             to
             the
             Tower
             ,
             and
             never
             was
             in
             Cheshire
             since
             the
             6
             th
             of
             April
             last
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             How
             come
             you
             to
             remember
             so
             punctually
             when
             
             he
             came
             to
             Town
             ,
             and
             that
             he
             staid
             here
             all
             the
             while
             ?
          
        
         
           
             Billing
             .
          
           
             I
             know
             it
             by
             my
             Accompts
             for
             the
             Journey
             up
             ,
             and
             by
             the
             Tradesmens
             Bills
             for
             the
             Provision
             of
             the
             House
             ever
             since
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             In
             what
             Capacity
             did
             you
             serve
             Sir
             
               Robert
               Cotton
            
             ?
          
        
         
           
             Billing
             .
          
           
             I
             bought
             in
             all
             the
             Provision
             for
             his
             House
             ,
             and
             paid
             the
             Tradesmens
             Bills
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Have
             you
             any
             Papers
             in
             your
             Pocket
             that
             will
             point
             to
             any
             particular
             time
             .
          
        
         
           
             Billing
             .
          
           
             I
             have
             not
             the
             Tradesmens
             Bills
             here
             ,
             My
             Lord
             ,
             nor
             my
             own
             Accompts
             ,
             but
             I
             have
             look'd
             upon
             them
             ,
             and
             by
             that
             I
             am
             sure
             what
             I
             have
             testified
             is
             true
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Who
             do
             you
             call
             next
             ,
             My
             Lord
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Call
             
               Margaret
               Davis
            
             ,
             
               who
               appeared
               ,
            
             Pray
             will
             you
             give
             an
             account
             to
             my
             Lord
             ,
             what
             time
             Sir
             
               Robert
               Cotton
            
             came
             to
             Town
             ,
             and
             to
             the
             best
             of
             your
             remembrance
             when
             he
             went
             out
             of
             Town
             again
             .
          
        
         
           
             Davis
             .
          
           
             He
             came
             to
             Town
             upon
             the
             10
             th
             of
             April
             last
             ,
             or
             thereabouts
             ,
             and
             he
             has
             not
             been
             out
             of
             Town
             any
             night
             since
             ,
             except
             it
             were
             in
             August
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             What
             day
             did
             he
             come
             to
             Town
             do
             you
             say
             ?
          
        
         
           
             Davis
             .
          
           
             About
             the
             10
             th
             of
             April
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             And
             you
             say
             he
             did
             not
             go
             out
             of
             Town
             till
             August
             ?
          
        
         
           
             Davis
             .
          
           
             No
             ,
             My
             Lord.
             
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             How
             do
             you
             know
             this
             ?
          
        
         
           
             Davis
             .
          
           
             I
             was
             constantly
             in
             the
             House
             with
             him
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             But
             how
             came
             you
             to
             be
             so
             exact
             as
             to
             the
             time
             ?
          
        
         
           
             Davis
             .
          
           
             I
             saw
             him
             continually
             every
             day
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             How
             came
             you
             to
             see
             him
             ?
          
        
         
           
             Davis
             .
          
           
             I
             live
             with
             him
             in
             the
             House
             ?
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Pray
             recollect
             your self
             as
             to
             the
             time
             that
             he
             went
             out
             of
             Town
             ,
             for
             I
             perceive
             the
             other
             man
             says
             it
             was
             the
             latter
             end
             of
             July
             .
          
        
         
           
             Davis
             .
          
           
             It
             was
             in
             August
             certainly
             ,
             My
             Lord.
             
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             the
             other
             witness
             saith
             it
             was
             the
             latter
             end
             of
             July
             ,
             and
             that
             may
             be
             very
             well
             consistent
             ,
             neither
             of
             them
             speaking
             to
             a
             day
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Well
             ,
             are
             you
             sure
             he
             was
             in
             Town
             all
             the
             Month
             of
             June
             ?
          
        
         
           
             Davis
             .
          
           
             Yes
             ,
             he
             was
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Well
             ,
             who
             do
             you
             call
             next
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Mrs.
             
               Sidney
               Lane
            
             ,
             
               who
               appeared
               .
            
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             What
             do
             you
             ask
             this
             Gentlewoman
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             examine
             her
             to
             the
             same
             point
             :
             and
             I
             question
             not
             but
             I
             shall
             make
             it
             out
             to
             your
             Grace
             ,
             and
             my
             Lords
             ,
             none
             of
             
             us
             all
             three
             that
             he
             has
             named
             were
             there
             at
             that
             time
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             I
             shall
             be
             very
             glad
             of
             it
             ,
             My
             Lord
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Pray
             
               Mrs.
               Lane
            
             will
             you
             give
             an
             account
             when
             it
             was
             Sir
             
               Robert
               Cotton
            
             came
             to
             Town
             ,
             and
             how
             long
             he
             staid
             here
             ?
          
        
         
           
             Mrs.
             Lane.
             
          
           
             He
             came
             to
             Town
             the
             April
             before
             the
             Coronation
             ,
             and
             never
             lay
             out
             of
             Town
             I
             am
             sure
             all
             those
             3
             Months
             of
             
               April
               May
            
             and
             June
             after
             he
             came
             to
             Town
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             This
             Gentlewoman
             ,
             My
             Lord
             ,
             lived
             in
             the
             same
             House
             with
             him
             .
          
        
         
           
             Mrs.
             Lane.
             
          
           
             I
             did
             so
             ,
             My
             Lord
             ,
             and
             saw
             him
             every
             night
             and
             morning
             .
          
        
         
           
             L.
             Delamare
             .
          
           
             If
             your
             Grace
             please
             I
             have
             2
             or
             3
             more
             witnesses
             to
             the
             same
             purpose
             ,
             but
             I
             would
             spare
             their
             Lordships
             time
             ,
             if
             this
             point
             be
             fully
             cleared
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Pray
             ,
             My
             Lord
             ,
             do
             not
             abridge
             your self
             ,
             for
             I
             know
             my
             Lords
             will
             not
             grudge
             the
             time
             ,
             but
             are
             very
             desirous
             you
             should
             have
             full
             Liberty
             in
             what
             is
             pertinent
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Then
             I
             desire
             
               Charles
               Reeves
            
             may
             be
             called
             ,
             
               who
               appeared
            
             I
             pray
             ,
             My
             Lord
             ,
             that
             this
             Man
             may
             give
             an
             account
             what
             time
             it
             was
             Sir
             
               Robert
               Cotton
            
             came
             to
             Town
             ,
             and
             how
             long
             he
             stay'd
             here
             .
          
        
         
           
             Reeves
             .
          
           
             If
             it
             please
             your
             Lordship
             ,
             he
             was
             in
             Town
             before
             the
             Coronation
             ,
             and
             I
             saw
             him
             here
             every
             day
             from
             that
             time
             till
             after
             July
             ,
             once
             or
             twice
             every
             day
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Did
             you
             belong
             to
             him
             ?
          
        
         
           
             Reeves
             .
          
           
             Yes
             ,
             and
             I
             do
             now
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             In
             what
             Capacity
             ,
             Friend
             ?
          
        
         
           
             Reeves
             .
          
           
             My
             Lord
             ,
             I
             am
             his
             Footman
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             the
             next
             Witness
             I
             have
             to
             produce
             is
             Mr.
             Ashburnham
             ,
             being
             he
             cannot
             easily
             remove
             ,
             I
             beg
             he
             may
             be
             heard
             in
             the
             place
             where
             he
             is
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Ay
             ,
             let
             him
             speak
             where
             he
             is
             ,
             and
             let
             him
             speak
             out
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Pray
             Sir
             ,
             will
             you
             please
             to
             recollect
             your self
             what
             time
             you
             saw
             Sir
             
               Robert
               Cotton
            
             ,
             and
             where
             ,
             the
             last
             Summer
             ?
          
        
         
           
             Ashburnham
             .
          
           
             My
             Lord
             ,
             I
             being
             at
             Sir
             Robert
             Cotton's
             House
             at
             Westminster
             ,
             he
             desired
             me
             to
             present
             a
             Petition
             of
             his
             to
             the
             House
             of
             Commons
             for
             him
             ,
             and
             it
             was
             about
             the
             latter
             end
             of
             the
             time
             allotted
             for
             Petitions
             ,
             I
             cannot
             exactly
             tell
             what
             day
             of
             the
             week
             or
             Month
             it
             was
             ,
             but
             I
             saw
             him
             that
             day
             I
             presented
             his
             Petition
             ,
             and
             I
             saw
             him
             at
             the
             Committee
             of
             Elections
             2
             or
             3
             days
             after
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Sir
             
               William
               Twisden
            
             I
             desire
             may
             be
             also
             heard
             what
             he
             has
             to
             say
             to
             the
             same
             point
             .
             Who
             answered
             to
             the
             same
             effect
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Mr.
             Heveningham
             is
             my
             next
             Witness
             ,
             My
             Lord
             ,
             who
             I
             desire
             that
             he
             would
             please
             to
             give
             your
             Grace
             and
             my
             
             Lords
             an
             account
             ,
             when
             he
             remembers
             to
             have
             seen
             Sir
             
               Robert
               Cotton
            
             in
             Town
             .
          
        
         
           
             Mr.
             Heveningham
             .
          
           
             My
             Lord
             ,
             It
             was
             a
             more
             than
             ordinary
             occasion
             that
             makes
             me
             remember
             the
             thing
             and
             the
             time
             so
             particularly
             .
             I
             was
             engaged
             in
             a
             dispute
             in
             the
             House
             of
             Commons
             about
             my
             own
             Election
             ,
             and
             that
             was
             upon
             the
             2
             d
             of
             June
             ,
             then
             was
             a
             Case
             debated
             in
             the
             House
             ,
             whether
             a
             Mayor
             that
             was
             elected
             a
             Burgesse
             for
             any
             Town
             could
             sit
             upon
             his
             own
             Return
             ,
             it
             was
             then
             carried
             he
             should
             not
             ,
             and
             the
             next
             day
             which
             was
             the
             third
             of
             June
             ,
             another
             question
             came
             on
             ,
             whether
             Sir
             
               Joseph
               Williamson
            
             was
             duly
             elected
             and
             returned
             ,
             and
             I
             remember
             at
             that
             time
             I
             was
             walking
             with
             Sir
             
               Robert
               Cotton
            
             in
             the
             Court
             of
             Requests
             ,
             and
             Mr.
             Neal
             came
             out
             of
             the
             House
             ,
             and
             told
             me
             ,
             that
             it
             was
             carried
             by
             five
             ,
             that
             he
             was
             not
             ,
             and
             then
             Sir
             
               Robert
               Cotton
            
             was
             with
             me
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             So
             you
             speak
             as
             to
             the
             2
             d
             and
             3
             d
             of
             June
             ?
          
        
         
           
             Mr.
             Heveningham
             .
          
           
             My
             Lord
             ,
             had
             it
             not
             been
             upon
             this
             particular
             occasion
             ,
             I
             could
             not
             have
             remembred
             the
             time
             so
             exactly
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             You
             give
             a
             very
             good
             token
             for
             your
             remembrance
             ,
             and
             my
             Lords
             hear
             what
             you
             have
             said
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Will
             your
             Grace
             please
             that
             the
             Clerk
             of
             the
             House
             of
             Commons
             may
             be
             called
             ,
             and
             examined
             to
             the
             Journal
             of
             that
             House
             ,
             when
             it
             was
             Sir
             
               Robert
               Cotton
            
             preferred
             his
             Petition
             ,
             and
             that
             will
             fix
             the
             time
             as
             to
             what
             Mr.
             Ashburnham
             and
             Sir
             
               William
               Twisden
            
             have
             said
             ?
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Call
             whom
             you
             please
             ,
             My
             Lord.
             
          
        
         
           
             L.
             Delamere
             .
          
           
             It
             seems
             he
             is
             not
             ready
             ,
             but
             I
             hope
             I
             have
             given
             your
             Grace
             and
             my
             Lords
             sufficient
             satisfaction
             ,
             that
             Sir
             
               Robert
               Cotton
            
             was
             not
             there
             at
             that
             time
             that
             this
             fellow
             speaks
             of
             .
             I
             will
             now
             go
             on
             and
             prove
             Mr.
             Offley
             was
             not
             there
             neither
             ,
             and
             the
             first
             Witness
             I
             call
             to
             that
             ,
             shall
             be
             Sir
             
               Willoughby
               Aston
            
             ,
             whom
             I
             desire
             your
             Grace
             will
             be
             pleased
             to
             hear
             speak
             in
             his
             place
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Well
             ,
             what
             do
             you
             say
             ,
             Sir
             Willoughby
             ?
          
        
         
           
             Sir
             W.
             Aston
             .
          
           
             My
             Lord
             ,
             I
             desire
             to
             be
             guided
             in
             what
             account
             I
             shall
             give
             by
             the
             Questions
             that
             shall
             be
             asked
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             What
             is
             it
             that
             you
             ask
             Sir
             
               Willoughby
               Aston
            
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Pray
             can
             you
             remember
             ,
             
               Sir
               Willoughby
            
             ,
             what
             time
             it
             was
             ,
             and
             whether
             about
             the
             latter
             end
             of
             May
             last
             ,
             or
             when
             ,
             that
             you
             know
             of
             Mr.
             Offley's
             being
             at
             your
             House
             ,
             and
             how
             long
             he
             stayed
             there
             ?
          
        
         
           
             Sir
             W.
             Aston
             .
          
           
             I
             can
             give
             an
             account
             of
             his
             Motion
             for
             ten
             days
             together
             ,
             but
             that
             perhaps
             may
             be
             more
             than
             is
             necessary
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             It
             will
             not
             be
             improper
             ,
             Sir
             ,
             for
             you
             to
             give
             as
             exact
             and
             partiular
             account
             as
             you
             can
             of
             the
             times
             .
          
        
         
           
             Sir
             W.
             Aston
             .
          
           
             If
             your
             Grace
             please
             ,
             I
             will
             do
             it
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Pray
             do
             ,
             Sir.
             
          
        
         
           
             Sir
             W.
             Aston
             .
          
           
             Upon
             the
             26
             th
             of
             May
             ,
             which
             was
             Tuesday
             ,
             at
             night
             Mr.
             Offley
             and
             his
             Lady
             ,
             and
             some
             of
             their
             Relations
             ,
             came
             to
             
             my
             House
             ,
             upon
             Wednesday
             the
             27
             th
             of
             May
             Mr.
             Offley
             was
             so
             sick
             that
             he
             kept
             his
             Chamber
             and
             his
             Bed
             all
             day
             ,
             upon
             the
             28
             th
             of
             May
             which
             was
             Thursday
             ,
             he
             was
             so
             ill
             that
             he
             kept
             his
             Chamber
             all
             day
             ,
             and
             rose
             about
             five
             at
             night
             ,
             and
             I
             then
             waited
             upon
             him
             ,
             and
             sate
             with
             him
             3
             hours
             in
             his
             dressing
             room
             ,
             on
             Friday
             the
             29
             th
             of
             May
             he
             went
             to
             Church
             ,
             that
             day
             was
             employed
             a
             great
             part
             in
             Devotion
             ,
             upon
             the
             30
             th
             of
             May
             which
             was
             Saturday
             ,
             Mr.
             Offley
             and
             his
             Lady
             went
             ,
             and
             a
             great
             part
             of
             my
             Family
             went
             with
             them
             ,
             to
             one
             Mr.
             Pickerings
             six
             miles
             off
             my
             house
             ,
             there
             they
             dined
             ,
             and
             returned
             at
             night
             to
             my
             House
             ,
             upon
             Sunday
             the
             31
             th
             of
             May
             ,
             I
             have
             a
             particular
             remark
             whereby
             I
             remember
             that
             Mr.
             Offley
             went
             to
             visit
             Mr.
             Needham
             ,
             upon
             Monday
             the
             first
             of
             June
             ,
             Mrs.
             Offley
             and
             the
             Women
             of
             my
             Family
             went
             to
             visit
             my
             Lady
             Brooks
             ,
             but
             Mr.
             Offley
             not
             being
             well
             staid
             at
             home
             :
             On
             Tuesday
             the
             second
             of
             June
             he
             was
             still
             at
             my
             house
             ,
             there
             was
             a
             great
             deal
             of
             Company
             there
             ,
             and
             he
             was
             in
             the
             Company
             all
             the
             day
             long
             :
             On
             Wednesday
             the
             3
             d
             ,
             I
             fell
             sick
             in
             the
             Morning
             about
             4
             of
             the
             Clock
             ,
             but
             Mr.
             Offley
             was
             in
             the
             house
             all
             the
             morning
             ,
             but
             in
             the
             afternoon
             he
             went
             to
             make
             a
             visit
             two
             miles
             from
             my
             house
             ,
             at
             a
             place
             called
             the
             Ware-house
             ,
             where
             the
             Ships
             ride
             at
             Anchor
             ;
             and
             upon
             Thursday
             morning
             which
             was
             the
             4
             th
             of
             June
             he
             went
             from
             my
             House
             :
             Now
             if
             your
             Lordship
             desire
             to
             know
             any
             thing
             about
             any
             particular
             time
             about
             this
             Compass
             ,
             I
             'le
             give
             you
             the
             best
             account
             I
             can
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Can
             you
             tell
             where
             he
             went
             when
             he
             went
             from
             your
             House
             ?
          
        
         
           
             Sir
             W.
             Aston
             .
          
           
             He
             went
             directly
             home
             ,
             as
             he
             said
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Did
             you
             hear
             at
             any
             time
             that
             he
             stay'd
             by
             the
             way
             ,
             between
             his
             going
             from
             you
             and
             coming
             to
             his
             own
             House
             ?
          
        
         
           
             Sir
             W.
             Aston
             .
          
           
             My
             Son
             went
             with
             him
             two
             or
             three
             Miles
             of
             his
             way
             ,
             and
             I
             heard
             that
             at
             Middle-wich
             he
             staid
             to
             speak
             with
             some
             of
             the
             Militia
             Officers
             that
             he
             met
             with
             by
             the
             way
             there
             at
             a
             Muster
             ,
             and
             afterwards
             went
             directly
             home
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Pray
             is
             the
             usual
             way
             from
             his
             house
             to
             yours
             by
             my
             Lord
             Delamere's
             ?
          
        
         
           
             Sir
             W.
             Aston
             .
          
           
             No
             ,
             My
             Lord
             ,
             directly
             another
             way
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Will
             you
             ask
             Sir
             
               Willoughby
               Aston
            
             any
             more
             Questions
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             No
             ,
             My
             Lord.
             
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             If
             your
             Grace
             please
             I
             would
             ask
             Sir
             
               Willoughby
               Aston
            
             one
             question
             ?
             Sir
             ,
             I
             desire
             to
             know
             how
             far
             it
             is
             from
             your
             house
             to
             my
             Lord
             Delamere's
             ?
          
        
         
           
             Sir
             W.
             Aston
             .
          
           
             Sir
             ,
             It
             is
             about
             11
             Miles
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             11
             Miles
             you
             say
             ,
             Sir
             ?
          
        
         
           
             Sir
             W.
             Aston
             .
          
           
             Yes
             ,
             My
             Lord
             ,
             11
             of
             those
             Northern
             miles
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             have
             some
             more
             witnesses
             to
             examine
             to
             this
             point
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Call
             whom
             you
             please
             ,
             My
             Lord
             ?
          
        
         
           
           
             L.
             Delamere
             .
          
           
             I
             call
             Mr.
             Gregory
             next
             ,
             My
             Lord
             :
             
               who
               appeared
            
             Pray
             give
             my
             Lord
             an
             account
             ,
             when
             Mr.
             Offley
             went
             from
             Sir
             
               Willoughby
               Aston's
            
             last
             Summer
             ,
             and
             whither
             he
             went
             ?
          
        
         
           
             Gregory
             .
          
           
             My
             Lord
             ,
             my
             Master
             went
             from
             Sir
             
               Willoughby
               Aston's
            
             House
             —
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Who
             is
             your
             Master
             ?
          
        
         
           
             Gregory
             .
          
           
             Mr.
             Offley
             ,
             My
             Lord.
             It
             was
             upon
             the
             4
             th
             of
             June
             at
             9
             of
             the
             Clock
             in
             the
             morning
             ,
             and
             went
             from
             thence
             to
             Middlewich
             ,
             and
             was
             at
             home
             at
             his
             own
             house
             about
             5
             of
             the
             Clock
             in
             the
             Evening
             ,
             as
             I
             was
             told
             ,
             for
             I
             did
             not
             go
             directly
             home
             with
             him
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             Was
             he
             at
             Mere
             that
             day
             at
             my
             Lord
             Delamere's
             ?
          
        
         
           
             Gregory
             .
          
           
             No
             ,
             not
             that
             I
             know
             of
             ,
             I
             was
             not
             with
             him
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Then
             pray
             call
             
               Thomas
               Kidd
            
             .
             
               who
               appeared
            
             Pray
             were
             you
             that
             day
             with
             Mr.
             Offley
             when
             he
             went
             from
             Sir
             
               Willoughby
               Aston's
            
             ?
          
        
         
           
             Kidd
             .
          
           
             Yes
             ,
             My
             Lord
             ,
             I
             was
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             What
             day
             was
             it
             ?
          
        
         
           
             Kidd
             .
          
           
             The
             4
             th
             of
             June
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             Then
             whither
             went
             he
             ?
          
        
         
           
             Kidd
             .
          
           
             He
             went
             the
             direct
             Road
             to
             his
             own
             House
             ,
             I
             never
             parted
             from
             him
             ,
             nor
             did
             he
             stop
             any
             where
             till
             he
             came
             to
             Middle-wich
             ,
             where
             the
             Countrey
             Militia
             were
             exercising
             ,
             and
             he
             just
             alighted
             off
             his
             Horse
             ,
             and
             spoke
             with
             
               Major
               Minshaw
            
             and
             some
             of
             the
             Officers
             ,
             but
             never
             so
             much
             as
             drunk
             by
             the
             way
             till
             he
             came
             to
             his
             own
             house
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             What
             ,
             to
             his
             house
             in
             Staffordshire
             ?
          
        
         
           
             Kidd
             .
          
           
             No
             ,
             but
             to
             Crew-Hall
             in
             Cheshire
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             Does
             Mere
             lye
             in
             the
             Road
             between
             Sir
             
               Willoughby
               Aston's
            
             and
             Crew-Hall
             ,
             so
             that
             your
             Master
             might
             be
             there
             within
             that
             time
             ?
          
        
         
           
             Kidd
             .
          
           
             No
             ,
             that
             he
             could
             not
             do
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Were
             you
             with
             Mr.
             Offley
             the
             whole
             Journey
             home
             ?
          
        
         
           
             Kidd
             .
          
           
             Yes
             ,
             My
             Lord
             ,
             I
             was
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             Were
             you
             no
             time
             from
             him
             ?
          
        
         
           
             Kidd
             .
          
           
             No
             ,
             My
             Lord
             ,
             I
             was
             not
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             What
             time
             did
             he
             come
             home
             ?
          
        
         
           
             Kidd
             .
          
           
             He
             came
             to
             his
             own
             house
             about
             4
             or
             5
             a
             Clock
             at
             night
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             And
             did
             not
             he
             go
             from
             thence
             that
             night
             ?
          
        
         
           
             Kidd
             .
          
           
             No
             ,
             My
             Lord.
             
          
        
         
           
             L.
             Delamere
             .
          
           
             Now
             ,
             My
             Lord
             ,
             I
             will
             prove
             as
             to
             my self
             that
             I
             was
             in
             London
             at
             the
             time
             as
             he
             speaks
             of
             .
             And
             first
             ,
             I
             desire
             Sir
             
               James
               Langham
            
             may
             be
             heard
             to
             that
             :
          
        
         
           He
           appeared
           ,
           but
           gave
           no
           Evidence
           .
        
         
           
             L.
             Delamere
             .
          
           
             Pray
             call
             —
             Booth
             
               who
               appeared
            
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             What
             is
             this
             Gentleman's
             name
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             He
             is
             my
             Brother
             ,
             My
             Lord
             ,
             his
             Name
             is
             —
             Booth
             .
          
        
         
           
           
             L.
             
               H.
               Stew.
            
             
          
           
             What
             do
             you
             ask
             him
             ?
          
        
         
           
             L.
             Delamere
             ,
          
           
             Pray
             can
             you
             remember
             what
             time
             in
             June
             you
             saw
             me
             in
             Town
             here
             ?
          
        
         
           
             Mr.
             Booth
             .
          
           
             My
             Lord
             ,
             I
             saw
             my
             Brother
             here
             in
             Town
             ,
             the
             3
             d
             ,
             4
             th
             ,
             5
             th
             ,
             6
             th
             .
             and
             so
             on
             to
             the
             10
             th
             of
             June
             ,
             and
             the
             10
             th
             of
             June
             I
             went
             out
             of
             Town
             my self
             ,
             I
             saw
             him
             sometimes
             twice
             or
             thrice
             a
             day
             in
             that
             time
             ,
             for
             I
             did
             not
             lodge
             above
             half
             a
             score
             doors
             from
             him
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             Where
             was
             that
             ?
          
        
         
           
             Mr.
             Booth
             .
          
           
             In
             great
             
               Russel
               Street
            
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             How
             come
             you
             to
             remember
             the
             time
             so
             particularly
             ?
          
        
         
           
             Mr.
             Booth
             .
          
           
             It
             was
             that
             day
             Sennight
             before
             I
             went
             out
             of
             Town
             ,
             which
             was
             Wednesday
             the
             10
             th
             of
             June
             ,
             and
             had
             it
             not
             been
             for
             that
             particular
             circumstance
             ,
             I
             had
             not
             remark'd
             it
             so
             much
             as
             to
             be
             able
             particularly
             to
             remember
             it
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Pray
             ,
             
               Mr.
               Booth
            
             ,
             did
             you
             know
             of
             your
             Brothers
             going
             out
             of
             Town
             the
             27
             th
             of
             May
             ?
          
        
         
           
             Mr.
             Booth
             .
          
           
             I
             heard
             he
             was
             gone
             out
             of
             Town
             about
             that
             time
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             Why
             then
             ,
             when
             came
             he
             hither
             to
             Town
             again
             ?
          
        
         
           
             Mr.
             Booth
             .
          
           
             I
             cannot
             tell
             ,
             but
             I
             saw
             him
             upon
             the
             3
             d
             of
             June
             in
             the
             Evening
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             it
             is
             not
             possible
             for
             him
             so
             to
             do
             in
             that
             time
             ,
             if
             he
             rode
             Post
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             He
             did
             make
             a
             great
             deal
             of
             haste
             backward
             ,
             and
             forward
             ,
             that
             is
             certain
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Brother
             does
             not
             know
             when
             I
             went
             ,
             but
             as
             he
             heard
             ,
             he
             says
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             But
             pray
             ;
             my
             Lord
             ,
             mind
             the
             Objection
             that
             has
             been
             made
             ,
             for
             it
             carries
             a
             great
             deal
             of
             weight
             in
             it
             .
             It
             is
             plainly
             proved
             by
             two
             Witnesses
             ,
             that
             you
             went
             out
             of
             Town
             the
             27
             th
             of
             May
             at
             9
             of
             the
             Clock
             at
             night
             ,
             and
             rode
             to
             Hoddesdon
             ,
             and
             the
             next
             day
             came
             to
             Hitchin
             about
             Noon
             ,
             then
             they
             left
             you
             and
             return'd
             back
             again
             to
             London
             that
             Night
             ,
             and
             you
             told
             them
             you
             were
             going
             to
             see
             a
             sick
             Child
             of
             yours
             in
             Cheshire
             ,
             how
             came
             you
             to
             make
             such
             Post-haste
             back
             again
             ,
             that
             he
             should
             see
             you
             here
             in
             London
             the
             3
             d
             of
             June
             ?
          
        
         
           
             Mr.
             Booth
             .
          
           
             My
             Lord
             ,
             I
             am
             certain
             I
             saw
             him
             that
             day
             in
             the
             Evening
             ,
             and
             so
             on
             to
             the
             10
             th
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             Did
             my
             Lord
             then
             tell
             you
             how
             your
             Friends
             did
             in
             Cheshire
             ?
          
        
         
           
             Mr.
             Booth
             .
          
           
             I
             cannot
             remember
             the
             particular
             discourse
             we
             had
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Pray
             Sir
             ,
             when
             did
             he
             tell
             you
             he
             came
             to
             Town
             ?
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             You
             say
             you
             used
             to
             see
             him
             every
             day
             once
             or
             twice
             a
             day
             .
          
        
         
           
             Mr.
             Booth
             .
          
           
             Yes
             ,
             I
             did
             so
             .
          
        
         
           
           
             L.
             
               H.
               Stew.
            
             
          
           
             Pray
             where
             was
             he
             the
             2
             d
             of
             June
             ?
          
        
         
           
             Mr.
             Booth
             .
          
           
             He
             was
             not
             come
             to
             Town
             ?
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             How
             long
             time
             was
             it
             before
             that
             ,
             that
             you
             had
             not
             seen
             him
             ?
          
        
         
           
             Mr.
             Booth
             .
          
           
             I
             had
             not
             seen
             him
             of
             several
             days
             before
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             If
             it
             please
             your
             Grace
             ,
             here
             is
             another
             Brother
             of
             mine
             that
             saw
             me
             at
             the
             same
             time
             ,
             and
             tho'
             he
             be
             my
             Brother
             I
             hope
             he
             is
             a
             good
             Witness
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             Ay
             ,
             God
             forbid
             else
             ;
             what
             is
             his
             name
             ?
          
        
         
           
             L.
             Delamare
             .
          
           
             
               George
               Booth
            
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             Well
             ,
             what
             say
             you
             ,
             Sir
             ?
          
        
         
           
             Mr.
             George
             Booth
             .
          
           
             My
             Lord
             ,
             I
             saw
             my
             Brother
             Delamere
             here
             in
             Town
             the
             4
             th
             of
             June
             ,
             by
             this
             particular
             circumstance
             which
             I
             cannot
             err
             in
             ,
             that
             the
             next
             day
             ,
             as
             I
             take
             it
             ,
             I
             went
             down
             with
             him
             to
             the
             House
             of
             Lords
             ,
             to
             hear
             my
             Lord
             Macclesfield's
             Cause
             ,
             which
             was
             then
             there
             to
             be
             heard
             upon
             the
             Appeal
             of
             Mr.
             Fitton
             ,
             and
             my
             Brother
             was
             in
             the
             House
             of
             Lords
             at
             that
             time
             ,
             which
             was
             the
             5
             th
             of
             June
             .
          
        
         
           
             L.
             
               H.
               Stew.
            
             
          
           
             My
             Lord
             Delamere
             ,
             I
             think
             it
             not
             amiss
             to
             put
             you
             in
             mind
             of
             one
             thing
             ,
             which
             it
             is
             fit
             your
             Lordship
             should
             give
             some
             answer
             to
             :
             Does
             your
             Lordship
             deny
             that
             you
             went
             out
             of
             Town
             the
             27
             th
             of
             May
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             No
             ,
             My
             Lord
             ,
             I
             do
             not
             ;
             I
             acknowledge
             I
             did
             so
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Then
             it
             will
             be
             fit
             for
             you
             to
             give
             an
             account
             where
             you
             were
             the
             28
             th
             of
             May
             ,
             and
             so
             all
             along
             till
             the
             3
             d
             of
             June
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             If
             you
             Grace
             please
             ,
             I
             hope
             I
             shall
             give
             you
             full
             satisfaction
             in
             that
             by
             and
             by
             ,
             but
             I
             have
             one
             witness
             more
             to
             this
             point
             of
             my
             being
             in
             Town
             at
             such
             a
             time
             ,
             that
             I
             could
             not
             be
             in
             Cheshire
             ,
             when
             this
             Fellow
             says
             I
             was
             ;
             and
             that
             is
             my
             Lord
             Lovelace
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             There
             is
             my
             Lord
             Lovelace
             ,
             what
             will
             you
             ask
             him
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Whether
             he
             did
             not
             see
             me
             at
             the
             Tryal
             of
             my
             Lord
             Macclesfield
             in
             the
             House
             of
             Lords
             .
          
        
         
           
             L.
             Lovelace
             .
          
           
             I
             vvas
             in
             the
             House
             of
             Lords
             that
             day
             that
             my
             Lord
             
             Macclesfield's
             Tryal
             was
             ,
             and
             I
             remember
             I
             did
             see
             my
             Lord
             Delamere
             there
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             But
             we
             are
             as
             much
             at
             a
             loss
             now
             as
             ever
             we
             were
             ,
             for
             what
             day
             that
             Tryal
             was
             does
             not
             appear
             :
             What
             day
             was
             my
             Lord
             
             Macclesfield's
             Tryal
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             The
             Journal
             of
             the
             House
             of
             Lords
             proves
             that
             to
             be
             the
             5
             th
             of
             June
             .
          
        
         
           
             L.
             Lovelace
             .
          
           
             My
             Lord
             stood
             just
             by
             the
             Bar
             ,
             and
             if
             I
             am
             not
             mistaken
             took
             notes
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             hope
             now
             I
             have
             satisfied
             your
             Grace
             ,
             and
             the
             rest
             of
             my
             Lords
             ,
             that
             none
             of
             us
             three
             whom
             this
             fellow
             has
             mentioned
             were
             there
             at
             that
             time
             at
             Mere
             ,
             when
             he
             says
             we
             
             were
             :
             For
             my
             own
             part
             I
             do
             positively
             affirm
             ,
             and
             I
             speak
             it
             as
             in
             the
             presence
             of
             Almighty
             God
             ,
             that
             I
             have
             not
             seen
             Sir
             
               Robert
               Cotton
            
             at
             my
             house
             that
             I
             know
             of
             these
             many
             years
             ,
             and
             I
             believe
             Mr.
             Ossley
             was
             never
             in
             my
             House
             since
             I
             was
             Master
             of
             it
             :
             And
             I
             do
             likewise
             protest
             that
             ,
             to
             my
             knowledge
             ,
             I
             never
             saw
             the
             face
             of
             this
             Man
             till
             now
             that
             be
             is
             produced
             as
             a
             witness
             against
             me
             ;
             I
             am
             sure
             I
             never
             spoke
             with
             him
             in
             all
             my
             life
             ,
             nor
             never
             sent
             for
             him
             to
             come
             to
             my
             house
             :
             And
             if
             your
             Lordship
             please
             to
             consider
             the
             Story
             that
             he
             tells
             ,
             it
             will
             easily
             appear
             to
             be
             very
             improbable
             ,
             for
             he
             neither
             tells
             you
             vvho
             the
             Messenger
             was
             that
             was
             sent
             for
             him
             ,
             nor
             the
             way
             that
             he
             came
             into
             the
             House
             ,
             which
             any
             body
             that
             has
             ever
             been
             at
             the
             House
             could
             not
             mistake
             .
             For
             when
             I
             asked
             him
             what
             door
             it
             was
             he
             came
             in
             at
             it
             was
             for
             this
             reason
             ,
             because
             he
             must
             needs
             have
             gone
             a
             great
             way
             about
             ,
             if
             he
             had
             not
             come
             in
             at
             the
             usual
             Entry
             into
             the
             house
             ,
             for
             I
             have
             but
             one
             door
             into
             my
             house
             except
             that
             by
             the
             Stables
             ,
             which
             is
             a
             great
             vvay
             off
             the
             house
             ?
             and
             it
             being
             about
             that
             time
             of
             the
             year
             ,
             if
             it
             were
             8
             or
             9
             of
             the
             Clock
             in
             the
             Evening
             ,
             he
             must
             needs
             discern
             which
             way
             he
             came
             in
             :
             And
             ,
             besides
             ,
             My
             Lords
             ,
             Is
             it
             probable
             what
             he
             says
             ,
             that
             he
             should
             see
             no
             body
             stirring
             about
             the
             House
             except
             it
             were
             this
             man
             without
             a
             hand
             ,
             that
             he
             says
             was
             sent
             for
             him
             ?
             I
             assure
             your
             Lordships
             ,
             I
             have
             not
             ,
             nor
             had
             my
             Father
             ever
             ,
             that
             I
             know
             of
             ,
             any
             Servant
             or
             Tennant
             that
             was
             maimed
             in
             that
             manner
             that
             he
             speaks
             of
             ;
             he
             saith
             ,
             he
             was
             recommended
             to
             us
             by
             my
             Lord
             Brandon
             :
             But
             he
             cannot
             tell
             your
             Lordship
             any
             thing
             that
             ever
             he
             had
             done
             ,
             to
             recommend
             him
             either
             to
             him
             or
             us
             :
             I
             did
             ask
             him
             what
             important
             Service
             he
             had
             ever
             done
             for
             me
             ,
             that
             might
             give
             a
             credibility
             to
             my
             imploying
             him
             in
             such
             a
             business
             as
             this
             .
             My
             Lord
             ,
             I
             cannot
             help
             it
             ,
             if
             People
             will
             tell
             false
             Stories
             of
             me
             ,
             but
             I
             hope
             your
             Lordships
             will
             consider
             the
             credibility
             of
             it
             ;
             Is
             it
             to
             be
             imagined
             that
             I
             would
             take
             a
             man
             I
             knew
             nothing
             of
             ,
             upon
             another
             mans
             word
             ,
             into
             so
             great
             a
             confidence
             ,
             as
             to
             employ
             him
             about
             a
             business
             of
             this
             Nature
             ?
             I
             am
             glad
             that
             he
             was
             called
             in
             here
             again
             for
             your
             Lordships
             to
             view
             him
             ,
             I
             beseech
             your
             Lordships
             to
             look
             at
             him
             ;
             Is
             this
             Fellow
             a
             likely
             Fellow
             to
             be
             used
             in
             such
             an
             Affair
             ?
             Does
             he
             look
             as
             if
             he
             were
             fit
             to
             be
             employed
             for
             the
             raising
             of
             ten
             thousand
             men
             ?
             Does
             he
             seem
             to
             be
             a
             man
             of
             such
             considerable
             Interest
             in
             his
             Countrey
             ?
             A
             Fellow
             ,
             that
             though
             it
             be
             not
             direct
             Evidence
             ,
             yet
             by
             several
             Witnesses
             ,
             I
             have
             shewn
             to
             be
             a
             Man
             of
             no
             Reputation
             in
             his
             Country
             ,
             nay
             of
             a
             very
             ill
             one
             ;
             and
             could
             we
             have
             none
             else
             to
             employ
             in
             a
             matter
             of
             this
             moment
             but
             such
             a
             Fellow
             as
             his
             Neighbours
             would
             not
             take
             his
             word
             for
             any
             thing
             ?
             It
             is
             an
             improbable
             Story
             upon
             these
             accounts
             ,
             if
             I
             should
             say
             no
             more
             .
             Your
             Lordships
             likewise
             see
             ,
             that
             he
             is
             so
             well
             thought
             of
             ,
             that
             he
             dare
             not
             be
             trusted
             out
             of
             Newgate
             ,
             but
             is
             kept
             still
             a
             Prisoner
             ,
             and
             as
             such
             gives
             Evidence
             here
             :
             And
             I
             know
             your
             Lordships
             will
             not
             forget
             that
             he
             swears
             to
             save
             himself
             ,
             
             having
             been
             a
             Rebel
             by
             his
             own
             Confession
             ,
             and
             he
             would
             fain
             exchange
             his
             Life
             for
             mine
             ,
             till
             he
             has
             a
             Pardon
             ,
             which
             as
             yet
             ,
             as
             I
             am
             informed
             ,
             he
             has
             not
             ;
             the
             Objection
             will
             still
             lye
             upon
             him
             ,
             that
             he
             swears
             to
             save
             himself
             ,
             which
             will
             render
             his
             Testimony
             not
             credible
             ,
             and
             the
             Law
             requires
             the
             Witnesses
             ,
             in
             Treason
             ,
             to
             be
             credible
             ones
             :
             And
             yet
             ,
             forsooth
             !
             this
             Man
             ,
             that
             no
             body
             that
             knows
             him
             will
             believe
             a
             word
             he
             says
             ,
             must
             be
             taken
             to
             be
             the
             man
             of
             Integrity
             ,
             Zeal
             ,
             and
             Industry
             ;
             the
             man
             of
             Management
             and
             Dispatch
             ,
             the
             Man
             of
             Interest
             and
             Authority
             in
             his
             Countrey
             ,
             that
             nothing
             can
             be
             done
             ,
             but
             he
             must
             have
             a
             hand
             in
             it
             .
             My
             Lords
             ,
             I
             think
             I
             need
             say
             no
             more
             of
             him
             ;
             your
             Lordships
             time
             is
             precious
             ,
             too
             precious
             indeed
             to
             be
             spent
             upon
             such
             a
             Subject
             ,
             and
             so
             I
             set
             him
             aside
             .
          
           
             My
             Lords
             ,
             there
             is
             a
             thing
             that
             I
             perceive
             the
             King's
             Counsel
             lay
             a
             great
             weight
             upon
             ,
             and
             that
             is
             my
             going
             down
             upon
             the
             27
             th
             day
             of
             May
             ,
             and
             my
             frequent
             riding
             Post
             to
             and
             fro
             .
             I
             shall
             now
             satisfie
             your
             Lordships
             of
             the
             Reasons
             of
             my
             Journeys
             .
             The
             first
             time
             which
             was
             betwixt
             the
             Coronation
             and
             the
             sitting
             of
             the
             Parliament
             was
             upon
             this
             reason
             ;
             I
             went
             down
             to
             take
             possession
             upon
             a
             Lease
             of
             a
             considerable
             value
             which
             was
             renewed
             to
             me
             by
             the
             Bishop
             .
             I
             did
             not
             think
             of
             going
             down
             at
             that
             time
             so
             soon
             ;
             but
             I
             had
             word
             wrote
             me
             out
             of
             the
             Countrey
             that
             the
             Bishop
             was
             ill
             ,
             and
             that
             obliged
             me
             in
             point
             of
             Interest
             to
             make
             haste
             down
             .
             And
             this
             I
             shall
             prove
             by
             one
             that
             was
             Attorny
             for
             me
             ,
             and
             another
             that
             was
             a
             witness
             of
             my
             taking
             Possession
             :
             And
             for
             this
             ,
             I
             first
             call
             Mr.
             
               John
               Edmonds
            
             
               who
               came
               in
            
             Pray
             Sir
             ,
             will
             you
             tell
             his
             Grace
             and
             my
             Lords
             ,
             what
             you
             know
             of
             my
             coming
             down
             into
             the
             Countrey
             in
             the
             beginning
             of
             May
             ,
             and
             upon
             what
             account
             ,
             and
             what
             time
             it
             was
             ?
          
        
         
           
             Mr.
             Edmonds
             .
          
           
             May
             it
             please
             your
             Lordship
             upon
             the
             5
             th
             of
             May
             ,
             my
             Lord
             Delamere
             did
             me
             the
             Honour
             to
             come
             to
             my
             House
             ,
             and
             he
             stayed
             there
             a
             little
             while
             ,
             and
             desired
             me
             to
             be
             a
             Witness
             of
             his
             takeing
             possession
             upon
             a
             Lease
             of
             my
             Lord
             Bishop
             of
             Chester's
             ,
             and
             we
             went
             into
             the
             House
             that
             was
             next
             to
             mine
             ,
             which
             was
             〈◊〉
             and
             there
             did
             take
             Possession
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Where
             is
             your
             house
             ?
          
        
         
           
             Mr.
             Edmonds
             .
          
           
             At
             Boden
             ,
             in
             Cheshire
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             When
             was
             this
             ,
             do
             you
             say
             ?
          
        
         
           
             Mr.
             Edmonds
             .
          
           
             The
             5
             th
             of
             May.
             
          
        
         
           
             L.
             Delamere
             .
          
           
             Pray
             Sir
             ,
             will
             you
             satisfie
             my
             Lord
             ,
             whether
             the
             Bishop
             was
             not
             ill
             at
             that
             time
             ?
          
        
         
           
             Mr.
             Edmonds
             .
          
           
             My
             Lord
             ,
             I
             had
             been
             a
             little
             before
             at
             Chester
             ,
             and
             hearing
             my
             Lord
             Bishop
             was
             not
             very
             well
             ,
             I
             went
             to
             Mr.
             Allen
             ,
             and
             told
             him
             I
             was
             desirous
             to
             see
             my
             Lord
             ,
             and
             speak
             with
             him
             ,
             if
             I
             might
             ;
             he
             told
             me
             my
             Lord
             was
             so
             ill
             ,
             that
             he
             would
             speak
             with
             no
             body
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Was
             it
             a
             Lease
             for
             Years
             ,
             or
             a
             Lease
             for
             Lives
             ?
          
        
         
           
           
             Mr.
             Edmonds
             .
          
           
             It
             was
             a
             Lease
             for
             Lives
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Then
             that
             might
             require
             my
             Lord's
             takeing
             Possession
             .
             Who
             do
             you
             call
             next
             ,
             My
             Lord
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Mr.
             Henry
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             What
             do
             you
             ask
             this
             Man
             ,
             My
             Lord
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Pray
             ,
             will
             you
             give
             his
             Grace
             and
             my
             Lords
             an
             account
             ,
             whether
             you
             were
             not
             Attorney
             ,
             and
             delivered
             me
             Possession
             upon
             the
             Lease
             of
             my
             Lord
             Bishop
             of
             Chester
             .
          
        
         
           
             Mr.
             Henry
             .
          
           
             My
             Lord
             ,
             I
             was
             Attorney
             by
             appointment
             ,
             and
             the
             5
             th
             of
             May
             last
             I
             delivered
             Possession
             to
             my
             Lord
             Delamere
             at
             one
             of
             the
             most
             remarkable
             places
             of
             the
             Land
             that
             belonged
             to
             that
             Lease
             of
             the
             Bishop
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lords
             ,
             I
             hope
             this
             a
             satisfactory
             reason
             for
             my
             going
             down
             at
             that
             time
             ,
             the
             Bishop
             being
             ill
             ,
             and
             the
             Lease
             being
             worth
             6
             or
             7000
             l.
             The
             next
             time
             that
             I
             have
             to
             speak
             to
             ,
             is
             ,
             That
             of
             my
             going
             the
             27
             th
             of
             May
             ,
             And
             for
             that
             I
             give
             this
             answer
             ;
             I
             did
             go
             out
             of
             Town
             the
             27
             th
             of
             May
             ,
             The
             occasion
             of
             my
             going
             was
             ,
             I
             had
             taken
             up
             a
             resolution
             before
             to
             go
             see
             my
             Child
             that
             was
             not
             well
             ,
             but
             I
             had
             not
             taken
             my
             Journey
             so
             soon
             ,
             nor
             with
             such
             privacy
             ,
             but
             that
             I
             had
             notice
             ,
             there
             was
             a
             Warrant
             out
             to
             apprehend
             me
             ,
             and
             knowing
             the
             inconveniences
             of
             lying
             in
             Prison
             ,
             I
             was
             very
             willing
             to
             keep
             as
             long
             out
             of
             Custody
             as
             I
             could
             ,
             and
             therefore
             I
             went
             out
             of
             the
             way
             ,
             and
             under
             a
             borrowed
             name
             .
             When
             I
             came
             to
             my
             house
             in
             Cheshire
             ,
             there
             were
             not
             above
             5
             of
             my
             own
             Servants
             that
             saw
             me
             all
             the
             while
             I
             was
             there
             ,
             and
             I
             saw
             no
             body
             but
             them
             ,
             but
             while
             I
             was
             there
             my
             Wife
             sent
             me
             an
             Express
             ,
             that
             as
             to
             the
             Warrant
             she
             hoped
             it
             was
             a
             mistake
             ,
             and
             there
             was
             no
             such
             thing
             ;
             but
             my
             eldest
             Son
             was
             very
             ill
             ,
             and
             if
             I
             intended
             to
             see
             him
             alive
             I
             must
             make
             haste
             up
             ,
             this
             was
             the
             occasion
             of
             my
             quick
             return
             ,
             and
             I
             shall
             satisfie
             your
             Lordships
             by
             Proof
             ,
             that
             I
             came
             thither
             in
             that
             manner
             to
             avoid
             the
             Warrant
             ,
             and
             for
             no
             other
             Reason
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             You
             say
             you
             went
             to
             see
             a
             sick
             Child
             in
             the
             Countrey
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             my
             Mother
             that
             is
             here
             ,
             wrote
             me
             word
             that
             my
             Child
             was
             not
             well
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Pray
             ,
             what
             made
             you
             come
             back
             again
             so
             soon
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Because
             I
             had
             an
             Express
             sent
             me
             by
             my
             Wife
             that
             my
             other
             Son
             vvas
             like
             to
             dye
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Call
             your
             Witness
             ,
             my
             Lord.
             
          
        
         
           
             L.
             Delamere
             .
          
           
             
               Mrs.
               Kelsey
            
             ,
             
               who
               came
               in
            
             Pray
             will
             you
             give
             an
             account
             what
             I
             said
             ,
             when
             I
             came
             down
             ,
             vvas
             the
             occasion
             of
             my
             coming
             so
             privately
             and
             changing
             my
             Name
             ?
          
        
         
           
           
             Mrs.
             Kelsey
             .
          
           
             My
             Lord
             heard
             ,
             he
             said
             ,
             there
             was
             a
             Warrant
             for
             taking
             of
             him
             up
             ,
             and
             he
             gave
             me
             that
             for
             a
             reason
             ;
             besides
             his
             little
             Son
             in
             the
             Country
             was
             ill
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             What
             ,
             she
             lived
             in
             the
             Countrey
             ,
             did
             she
             ?
          
        
         
           
             Mrs.
             Kelsey
             .
          
           
             My
             Lord
             ,
             I
             was
             in
             the
             house
             with
             him
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             If
             your
             Lordships
             please
             my
             Mother
             may
             be
             examined
             ?
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Yes
             ,
             with
             all
             my
             heart
             .
          
        
         
           She
           sate
           by
           him
           at
           the
           Bar.
           
        
         
           
             L.
             H.
             Stew.
             
          
           
             Pray
             Madam
             ,
             will
             you
             lift
             up
             your
             Voice
             ,
             that
             my
             Lords
             may
             hear
             what
             you
             say
             .
          
        
         
           
             Lady
             Delamere
             .
          
           
             My
             Lords
             ,
             This
             Child
             of
             his
             that
             was
             in
             the
             Countrey
             ,
             was
             more
             than
             ordinarily
             pretious
             to
             him
             ,
             in
             regard
             it
             was
             born
             to
             him
             at
             that
             time
             ,
             when
             he
             was
             an
             innocent
             honest
             Man
             ,
             (
             as
             he
             is
             now
             a
             Prisoner
             in
             the
             Tower
             for
             high
             Treason
             ,
             )
             above
             two
             years
             ago
             ,
             and
             I
             think
             it
             increased
             his
             affection
             to
             the
             Child
             ,
             that
             God
             had
             given
             it
             to
             him
             when
             he
             was
             in
             that
             affliction
             ,
             My
             Lord
             ,
             I
             knowing
             the
             affection
             that
             the
             Father
             and
             Mother
             both
             had
             to
             the
             Child
             ,
             my
             care
             in
             their
             absence
             I
             thought
             ought
             to
             be
             more
             exercised
             about
             him
             :
             The
             Child
             sucked
             ,
             but
             I
             ●●w
             the
             Child
             decline
             ,
             and
             therefore
             I
             was
             of
             Opinion
             that
             he
             sho●●d
             be
             weaned
             ,
             and
             I
             sent
             up
             word
             ,
             that
             if
             they
             did
             not
             take
             car●
             quickly
             and
             look
             a
             little
             after
             him
             ,
             I
             was
             afraid
             he
             would
             go
             i●
             〈◊〉
             Consumption
             .
             Upon
             this
             my
             Son
             came
             down
             ,
             I
             saw
             him
             not
             indeed
             ,
             because
             he
             was
             very
             private
             all
             the
             while
             he
             was
             in
             the
             Countrey
             ,
             but
             while
             he
             was
             there
             ,
             it
             pleased
             God
             to
             visit
             his
             eldest
             Son
             with
             a
             dangerous
             distemper
             ,
             upon
             which
             my
             daughter
             sent
             for
             him
             Post
             ,
             if
             he
             intended
             to
             see
             his
             Son
             alive
             .
             And
             thereupon
             I
             think
             he
             made
             what
             haste
             back
             again
             he
             could
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Were
             you
             in
             the
             same
             house
             with
             him
             ,
             Madam
             ?
          
        
         
           
             Lady
             Delamere
             .
          
           
             My
             Lord
             ,
             I
             say
             ,
             I
             did
             not
             see
             him
             all
             the
             time
             he
             was
             there
             ,
             I
             only
             tell
             you
             what
             I
             heard
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             How
             long
             was
             he
             in
             the
             Country
             ?
          
        
         
           
             Lady
             Delamere
             .
          
           
             I
             cannot
             tell
             exactly
             that
             ,
             I
             think
             he
             was
             not
             above
             two
             days
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             He
             must
             be
             but
             one
             day
             by
             computation
             of
             time
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Pray
             ,
             My
             Lord
             ,
             I
             will
             satisfie
             you
             in
             that
             point
             presently
             :
             
               Mrs.
               Kelsey
            
             vvill
             give
             an
             account
             what
             time
             it
             was
             that
             I
             came
             down
             ,
             and
             vvhen
             I
             went
             avvay
             .
          
        
         
           
             Mrs.
             Kelsey
             .
          
           
             My
             Lord
             came
             down
             upon
             the
             Sabbath-day
             night
             ,
             and
             stayed
             there
             Monday
             ,
             and
             went
             away
             the
             Tuesday
             morning
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Look
             you
             ,
             My
             Lord
             ,
             the
             27
             th
             of
             May
             was
             upon
             a
             Wednesday
             ,
             that
             night
             you
             went
             out
             of
             Town
             ,
             and
             wont
             to
             
               Hoddesden
               ,
               Thursday
            
             which
             was
             the
             28
             th
             you
             came
             to
             Hitchin
             at
             Noon
             ,
             Friday
             was
             the
             29
             
               th
               ,
               Saturday
            
             the
             30
             
               th
               ,
               Sunday
            
             was
             
             
             
             
             
             the
             31
             th
             ,
             then
             you
             came
             to
             your
             House
             ,
             Munday
             the
             1
             st
             of
             
               June
               ,
               Tuesday
            
             the
             2
             d
             ,
             then
             you
             came
             away
             ,
             and
             upon
             Wednesday
             the
             3
             d
             you
             were
             in
             Town
             ,
             so
             says
             your
             Brother
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             It
             was
             so
             ,
             my
             Lord.
             
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Which
             way
             did
             you
             come
             back
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             came
             Post
             through
             Coventry
             ,
             my
             Lord
             ,
             and
             that
             was
             the
             time
             that
             Hope
             speaks
             of
             ,
             that
             I
             told
             him
             I
             had
             come
             another
             way
             into
             Cheshire
             ,
             when
             I
             came
             down
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             My
             Lord
             ,
             you
             say
             you
             went
             down
             to
             secret
             your self
             from
             a
             Warrant
             that
             you
             apprehended
             was
             out
             against
             you
             ,
             and
             that
             made
             you
             go
             a
             by-way
             ,
             how
             came
             you
             then
             to
             come
             so
             publickly
             back
             ,
             the
             ordinary
             Post
             Rode
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             If
             your
             Grace
             please
             ,
             I
             have
             told
             you
             I
             had
             an
             Express
             came
             from
             my
             Wife
             that
             told
             me
             it
             was
             a
             mistake
             as
             to
             the
             Warrant
             ,
             but
             my
             Child
             was
             very
             ill
             ,
             and
             I
             must
             make
             haste
             up
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Have
             you
             any
             more
             Witnesses
             ,
             my
             Lord
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             Yes
             ,
             my
             Lord
             ,
             I
             desire
             Mr.
             Kelsey
             may
             be
             called
             ,
          
        
         
           He
           came
           in
           .
        
         
           
             L.
             H.
             Stew.
             
          
           
             Well
             ,
             what
             say
             you
             ?
          
        
         
           
             Mr.
             Kelsey
             .
          
           
             My
             Lord
             came
             down
             upon
             the
             Sunday
             night
             at
             11
             of
             the
             Clock
             ,
             and
             stayed
             at
             home
             all
             Monday
             ,
             and
             on
             Tuesday
             morning
             ,
             at
             3
             of
             the
             Clock
             in
             the
             morning
             ,
             he
             took
             Horse
             ●●r
             London
             ,
             and
             I
             have
             Letters
             by
             me
             that
             are
             dated
             the
             4
             th
             of
             ●●●e
             which
             was
             Thursday
             ,
             that
             told
             me
             my
             Lord
             was
             come
             to
             Town
             ●●e
             night
             before
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Whose
             are
             those
             two
             Letters
             ?
          
        
         
           
             Mr.
             Kelsey
             .
          
           
             They
             were
             from
             my
             Lady
             and
             Mrs
             
               Vere
               Booth
            
             ,
             and
             both
             came
             by
             the
             same
             Post
             .
          
        
         
           
             L.
             Delamere
             .
          
           
             I
             shall
             call
             one
             Witness
             more
             ,
             My
             Lord
             ,
             to
             prove
             that
             my
             Child
             was
             sick
             here
             in
             Town
             and
             the
             time
             ,
             and
             that
             is
             Sir
             
               Thomas
               Millington
            
             ,
             who
             was
             his
             Physitian
             .
          
        
         
           Sir
           Thomas
           was
           called
           ,
           and
           came
           in
           .
        
         
           
             L.
             Delamere
             .
          
           
             Pray
             Sir
             Thomas
             ,
             can
             you
             recollect
             your self
             what
             time
             my
             Son
             was
             ill
             last
             year
             .
          
        
         
           
             Sir
             Tho.
             Millington
             .
          
           
             My
             Lord
             ,
             I
             was
             sent
             for
             to
             my
             Lord
             
             Delamere's
             Son
             upon
             the
             28
             th
             of
             May
             ,
             and
             I
             found
             him
             then
             very
             ill
             ,
             and
             he
             continued
             so
             for
             two
             days
             .
             Insomuch
             as
             I
             told
             my
             Lady
             Delamere
             his
             Mother
             that
             I
             thought
             the
             Child
             would
             not
             escape
             ,
             I
             told
             it
             likewise
             to
             Sir
             
               James
               Langham
            
             ,
             who
             is
             my
             Neighbour
             in
             
               Lincolns
               Inn
               Fields
            
             ;
             what
             they
             did
             upon
             it
             ,
             whether
             they
             sent
             for
             my
             Lord
             Delamere
             to
             Town
             or
             no
             ,
             I
             cannot
             tell
             ,
             but
             I
             know
             punctually
             this
             was
             the
             time
             by
             reason
             of
             the
             Bills
             I
             wrote
             are
             dated
             on
             that
             day
             ,
             otherwise
             I
             could
             not
             have
             remembred
             the
             time
             ,
             but
             the
             Bills
             being
             sent
             me
             from
             the
             Apothecary
             ,
             I
             find
             that
             date
             to
             them
             .
          
        
         
           
           
             L.
             H.
             Stew.
             
          
           
             Pray
             ,
             Mr.
             Attorney
             will
             you
             call
             Edlin
             again
             ,
             or
             Vaux
             ,
             either
             of
             them
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Here
             is
             Edlin
             ,
             my
             Lord.
             
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Where
             did
             you
             part
             with
             my
             Lord
             Delamere
             ,
             and
             when
             ?
          
        
         
           
             Edlin
             .
          
           
             Upon
             Thursday
             the
             28
             th
             of
             May
             at
             Hitchin
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             What
             time
             of
             the
             day
             was
             it
             when
             you
             parted
             ?
          
        
         
           
             Edlin
             .
          
           
             It
             was
             about
             10
             of
             the
             Clock
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             He
             went
             forward
             Post
             into
             Cheshire
             ,
             did
             he
             not
             ?
          
        
         
           
             Edlin
             .
          
           
             He
             did
             not
             go
             Post
             ,
             I
             suppose
             ,
             for
             he
             went
             upon
             his
             own
             Horse
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Did
             he
             go
             upon
             his
             own
             Horse
             ?
          
        
         
           
             Edlin
             .
          
           
             It
             was
             the
             same
             Horse
             he
             went
             to
             Hitchin
             upon
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Have
             you
             any
             more
             Witnesses
             ,
             my
             Lord
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             No
             ,
             My
             Lord
             ,
             I
             hope
             I
             have
             given
             their
             Lordships
             satisfaction
             in
             all
             points
             ,
             and
             need
             to
             give
             no
             further
             Evidence
             .
          
        
         
           
             L.
             H.
             Stew.
             
          
           
             Have
             you
             any
             thing
             more
             then
             to
             say
             ,
             My
             Lord
             ?
          
        
         
           
             L.
             Delamere
             .
          
           
             My
             Lords
             ,
             I
             acknowledge
             I
             did
             go
             at
             that
             time
             privately
             a
             By-Road
             ,
             and
             by
             the
             name
             of
             Brown
             ,
             and
             as
             for
             Jones
             ,
             who
             it
             is
             said
             came
             from
             Holland
             that
             day
             ,
             I
             appeal
             to
             him
             himself
             ,
             and
             I
             call
             God
             to
             Witness
             I
             never
             saw
             the
             man
             before
             now
             in
             my
             life
             ;
             nay
             ,
             till
             after
             I
             was
             made
             a
             Prisoner
             upon
             this
             account
             ,
             I
             never
             so
             much
             as
             heard
             of
             his
             Name
             ;
             and
             your
             Lordships
             see
             by
             the
             Proofs
             ,
             that
             all
             that
             has
             been
             said
             against
             me
             ,
             except
             what
             this
             Fellow
             Saxon
             has
             testified
             ,
             is
             but
             hearsay
             ,
             nay
             indeed
             but
             hearsay
             upon
             hearsay
             at
             the
             third
             and
             fourth
             hand
             .
          
           
             My
             Lords
             ,
             if
             People
             will
             make
             use
             of
             my
             name
             ,
             and
             say
             this
             ,
             and
             that
             ,
             and
             the
             other
             ,
             and
             among
             themselves
             talk
             of
             Messages
             sent
             to
             me
             ;
             can
             I
             or
             any
             man
             in
             the
             world
             help
             it
             ?
             at
             this
             rate
             who
             can
             be
             innocent
             ,
             If
             a
             man
             must
             be
             guilty
             because
             others
             intend
             to
             draw
             him
             into
             Treason
             ?
             For
             there
             is
             no
             more
             in
             the
             utmost
             that
             this
             proof
             can
             amount
             unto
             .
             It
             is
             at
             the
             pleasure
             of
             any
             two
             men
             in
             the
             world
             ,
             to
             take
             away
             the
             Lives
             ,
             Honours
             ,
             and
             Estates
             of
             any
             of
             your
             Lordships
             ,
             if
             it
             be
             a
             proof
             sufficient
             to
             make
             you
             guilty
             of
             Treason
             ,
             for
             them
             to
             swear
             you
             were
             intended
             to
             be
             drawn
             into
             Treason
             .
          
           
             And
             ,
             my
             Lords
             ,
             as
             to
             the
             truth
             of
             the
             thing
             it self
             ,
             that
             there
             was
             any
             Message
             or
             Correspondence
             between
             the
             late
             D.
             of
             Monmouth
             and
             me
             ,
             I
             call
             God
             to
             witness
             I
             have
             neither
             wrote
             nor
             sent
             Letter
             or
             Message
             to
             him
             ,
             or
             received
             Letter
             or
             Message
             from
             him
             ,
             this
             3
             years
             :
             I
             cannot
             tell
             what
             expectation
             he
             might
             have
             concerning
             me
             or
             any
             body
             else
             .
             It
             is
             very
             probable
             he
             might
             have
             expectation
             of
             assistance
             from
             some
             body
             ,
             and
             that
             without
             such
             expectations
             he
             would
             not
             have
             made
             the
             attempt
             he
             did
             :
             But
             ,
             my
             Lords
             ,
             all
             that
             is
             nothing
             to
             me
             ,
             I
             had
             no
             correspondence
             
             either
             by
             Letters
             or
             Messages
             with
             him
             ,
             so
             that
             all
             that
             has
             been
             said
             upon
             that
             point
             of
             his
             expectation
             ,
             and
             what
             he
             declared
             ,
             I
             must
             give
             the
             same
             answer
             to
             that
             I
             gave
             to
             the
             Evidence
             about
             
             Jones's
             Message
             ,
             That
             admitting
             it
             to
             be
             true
             ,
             he
             did
             declare
             so
             ,
             yet
             ,
             no
             proof
             being
             made
             of
             an
             actual
             correspondence
             ,
             it
             is
             no
             more
             but
             only
             an
             intention
             in
             him
             to
             draw
             men
             into
             the
             Commission
             of
             Treason
             ;
             and
             if
             that
             be
             allow'd
             for
             proof
             of
             guilt
             ,
             I
             must
             repeat
             it
             again
             ,
             there
             's
             no
             man
             can
             be
             innocent
             .
          
           
             Upon
             the
             whole
             matter
             ,
             my
             Lord
             ,
             I
             must
             leave
             my
             Case
             to
             the
             consideration
             of
             your
             Lordships
             :
             I
             am
             not
             Master
             of
             so
             much
             Law
             or
             Rhetorick
             as
             the
             Kings
             Counsel
             ,
             to
             plead
             in
             my
             own
             Cause
             ,
             and
             I
             have
             had
             but
             little
             time
             to
             recollect
             and
             apply
             my
             defence
             to
             my
             accusation
             ,
             but
             I
             hope
             what
             Evidence
             I
             have
             offered
             has
             given
             your
             Lordships
             full
             satisfaction
             that
             I
             am
             not
             guilty
             of
             what
             I
             stand
             charged
             with
             .
          
           
             And
             after
             all
             that
             has
             been
             said
             ,
             my
             Lords
             ,
             I
             would
             beg
             your
             Lordships
             to
             consider
             this
             ,
             that
             if
             in
             case
             I
             were
             guilty
             of
             these
             things
             ,
             and
             were
             conscious
             to
             my self
             of
             having
             been
             ingaged
             in
             an
             Affair
             of
             this
             nature
             ,
             can
             any
             man
             imagine
             I
             could
             have
             been
             so
             hardy
             as
             to
             have
             surrendred
             my self
             upon
             the
             Kings
             Proclamation
             ,
             nay
             ,
             if
             I
             with
             those
             other
             two
             Gentlemen
             that
             he
             has
             named
             ,
             had
             had
             any
             transactions
             of
             this
             kind
             ,
             with
             such
             a
             Fellow
             as
             he
             has
             been
             made
             appear
             to
             be
             by
             his
             Neighbours
             (
             that
             must
             needs
             be
             thought
             a
             man
             of
             no
             Faith
             ,
             because
             of
             no
             Reputation
             ,
             tho'
             he
             gives
             himself
             a
             great
             Character
             as
             a
             man
             of
             great
             Interest
             ,
             of
             wonderful
             dispatch
             and
             dexterity
             in
             the
             management
             of
             such
             matters
             )
             so
             as
             at
             first
             sight
             to
             put
             this
             large
             confidence
             in
             him
             ;
             Can
             it
             be
             imagined
             I
             so
             little
             regarded
             my
             own
             Life
             and
             all
             that
             is
             dear
             to
             me
             ,
             as
             to
             have
             surrendred
             my self
             ,
             were
             it
             not
             that
             I
             was
             certain
             of
             my
             own
             innocence
             and
             integrity
             :
             Life
             it self
             ,
             my
             Lords
             ,
             is
             to
             be
             preferred
             above
             all
             things
             but
             Honour
             and
             Innocence
             ;
             And
             Job
             saith
             ,
             
               Skin
               for
               skin
               and
               all
               that
               a
               man
               hath
               will
               he
               give
               for
               his
               life
               ,
            
             and
             why
             should
             I
             be
             presumed
             to
             have
             so
             little
             a
             value
             for
             it
             ,
             as
             voluntarily
             to
             deliver
             up
             my self
             to
             destruction
             ,
             had
             I
             been
             conscious
             that
             there
             was
             any
             one
             ,
             who
             could
             really
             testifie
             any
             thing
             that
             could
             hurt
             me
             .
          
           
             Besides
             ,
             My
             Lords
             ,
             this
             very
             Fellow
             Saxon
             is
             but
             one
             Evidence
             ,
             and
             how
             far
             you
             will
             believe
             him
             ,
             I
             must
             submit
             it
             to
             you
             ,
             but
             surely
             one
             Witness
             will
             never
             be
             sufficient
             to
             convict
             a
             man
             of
             Treason
             ,
             tho'
             thousands
             of
             hear-says
             ,
             and
             such
             trival
             circumstances
             be
             tacked
             to
             it
             ,
             especially
             when
             they
             are
             tacked
             to
             an
             Evidence
             ,
             which
             I
             dare
             say
             your
             Lordships
             are
             far
             from
             thinking
             it
             deserves
             any
             Credit
             .
          
           
           
             My
             Lords
             ,
             I
             desire
             your
             leave
             to
             ask
             this
             one
             Question
             ;
             Would
             not
             any
             of
             your
             Lordships
             think
             himself
             in
             a
             bad
             condition
             as
             to
             his
             Fortune
             ,
             if
             he
             could
             produce
             no
             better
             Evidence
             to
             prove
             his
             Title
             to
             his
             Estate
             than
             what
             has
             been
             produced
             against
             me
             this
             day
             to
             take
             away
             my
             Life
             ,
             and
             if
             such
             Evidence
             as
             this
             would
             not
             be
             sufficient
             to
             support
             a
             Title
             to
             an
             Estate
             ,
             certainly
             it
             can
             never
             be
             thought
             sufficient
             to
             deprive
             a
             man
             of
             Life
             ,
             Honour
             ,
             Estate
             ,
             and
             all
             .
          
           
             My
             Lords
             ,
             I
             am
             not
             the
             only
             Man
             that
             has
             been
             or
             may
             be
             falsely
             accused
             ;
             God
             knows
             how
             soon
             the
             misfortune
             of
             a
             False
             Accusation
             may
             fall
             to
             the
             Lot
             of
             any
             of
             your
             Lordships
             ;
             I
             pray
             God
             it
             never
             may
             ,
             but
             since
             that
             may
             happen
             ,
             I
             question
             not
             ,
             but
             your
             Lordships
             will
             be
             very
             cautious
             ,
             how
             by
             an
             easy
             Credulity
             you
             give
             incouragement
             to
             such
             a
             wickedness
             :
             For
             Knights
             of
             the
             Post
             will
             not
             end
             in
             my
             Tryal
             if
             they
             prosper
             in
             their
             Villany
             ,
             and
             perhaps
             it
             may
             come
             home
             to
             some
             of
             your
             Lordships
             ,
             if
             such
             practices
             be
             incouraged
             ,
             as
             I
             cannot
             but
             firmly
             believe
             they
             will
             not
             .
          
           
             My
             Lords
             ,
             the
             Eyes
             of
             all
             the
             Nation
             are
             upon
             your
             Proceedings
             this
             day
             ;
             Nay
             I
             may
             say
             ,
             your
             Lordships
             are
             now
             Judging
             the
             cause
             of
             every
             man
             in
             England
             ,
             that
             shall
             happen
             to
             come
             under
             like
             Circumstances
             with
             my Self
             at
             any
             time
             hereafter
             :
             For
             accordingly
             as
             you
             judge
             of
             me
             now
             ,
             just
             so
             will
             inferior
             Courts
             be
             directed
             to
             give
             their
             Judgments
             in
             like
             Cases
             in
             time
             to
             come
             .
          
           
             Your
             Lordships
             very
             well
             know
             ,
             Blood
             once
             spilt
             can
             never
             be
             gathered
             up
             agen
             ,
             and
             therefore
             unless
             the
             Case
             be
             very
             clear
             against
             me
             ,
             you
             I
             am
             sure
             will
             not
             hazard
             the
             shedding
             of
             my
             blood
             upon
             a
             doubtful
             Evidence
             :
             God
             Almighty
             is
             a
             God
             of
             Mercy
             and
             Equity
             :
             Our
             Law
             ,
             the
             Law
             of
             England
             ,
             is
             a
             Law
             of
             Equity
             and
             Mercy
             ,
             and
             both
             God
             and
             the
             Law
             require
             from
             your
             Lordships
             Tenderness
             in
             all
             Cases
             of
             Life
             and
             Death
             ,
             and
             if
             it
             should
             be
             indifferent
             ,
             or
             but
             doubtful
             to
             your
             Lordships
             (
             which
             upon
             the
             Proofes
             that
             I
             have
             made
             ,
             I
             cannot
             believe
             it
             can
             be
             )
             whether
             I
             am
             innocent
             or
             guilty
             ,
             both
             God
             and
             the
             Law
             require
             you
             to
             acquit
             me
             .
          
           
             My
             Lords
             ,
             I
             leave
             my Self
             ,
             my
             Cause
             and
             all
             the
             Consequences
             of
             it
             with
             your
             Lordships
             ;
             And
             I
             pray
             the
             All-Wise
             the
             Almighty
             God
             direct
             you
             in
             your
             Determination
             .
          
        
         
           
             Lord
             High
             Steward
             .
          
           
             Have
             you
             any
             thing
             more
             to
             say
             ,
             My
             Lord
             ?
          
        
         
           
             Lord
             Delamere
             .
          
           
             No
             ,
             My
             Lord.
             
          
        
         
           
             Lord
             High
             Steward
             .
          
           
             Then
             Mr.
             Attorney
             ,
             and
             you
             that
             are
             of
             the
             Kings
             Counsel
             ,
             What
             have
             you
             to
             say
             more
             ?
          
        
         
           
             Mr.
             Soll.
             General
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             and
             you
             my
             Noble
             Lords
             the
             Peers
             of
             my
             Lord
             Delamere
             ,
             the
             Prisoner
             at
             the
             Barr.
             
          
           
           
             The
             Evidence
             that
             hath
             been
             given
             against
             this
             Noble
             Lord
             is
             of
             two
             Natures
             ,
             part
             of
             it
             is
             positive
             Proof
             ,
             and
             part
             is
             circumstantial
             ,
             and
             though
             it
             be
             allowed
             that
             there
             must
             be
             two
             Witnesses
             in
             Cases
             of
             Treason
             ,
             and
             that
             Circumstances
             tho
             never
             so
             strong
             ,
             and
             sufficient
             to
             fortify
             one
             positive
             Proof
             ,
             do
             not
             nor
             can
             make
             a
             second
             positive
             Witness
             ;
             Yet
             I
             crave
             leave
             to
             say
             ,
             that
             there
             may
             be
             Circumstances
             so
             strong
             and
             cogent
             ,
             so
             violent
             and
             necessary
             to
             fortify
             a
             positive
             Testimony
             ,
             that
             will
             in
             Law
             amount
             to
             make
             a
             second
             Witness
             such
             as
             the
             Law
             requires
             .
          
           
             My
             Lords
             ,
             I
             do
             not
             say
             every
             Circumstance
             will
             do
             it
             ,
             but
             such
             as
             necessarily
             and
             violently
             tending
             to
             the
             same
             thing
             that
             was
             positively
             proved
             .
          
           
             As
             for
             Example
             .
          
           
             If
             a
             man
             comes
             and
             Swears
             against
             another
             that
             he
             said
             he
             will
             go
             immediately
             and
             kill
             the
             King
             ,
             and
             another
             man
             that
             did
             not
             hear
             those
             words
             ,
             comes
             and
             testifies
             his
             Lying
             in
             wait
             ,
             that
             circumstance
             of
             Lying
             in
             wait
             ,
             that
             was
             an
             action
             indifferent
             in
             it self
             ,
             yet
             ,
             when
             applyed
             to
             the
             positive
             Proof
             ,
             will
             be
             a
             second
             witness
             to
             satisfie
             the
             Law
             ,
             which
             requires
             two
             witnesses
             in
             Treason
             .
          
           
             It
             must
             confess
             ,
             My
             Lords
             ,
             when
             we
             will
             make
             Circumstances
             to
             be
             a
             second
             Evidence
             ,
             they
             must
             be
             such
             as
             are
             necessarily
             tending
             to
             fortifie
             the
             positive
             Evidence
             that
             was
             given
             by
             the
             single
             Witness
             :
             Now
             whether
             that
             be
             so
             in
             this
             Case
             ,
             I
             must
             ,
             as
             becomes
             me
             ,
             leave
             to
             your
             Lordships
             Consideration
             :
             It
             is
             not
             my
             business
             to
             carry
             the
             Evidence
             further
             than
             it
             will
             go
             ,
             and
             I
             am
             sure
             it
             is
             not
             my
             duty
             to
             let
             it
             lose
             any
             of
             its
             weight
             ;
             and
             if
             it
             have
             not
             that
             force
             it
             ought
             to
             have
             ,
             I
             should
             be
             to
             blame
             ,
             as
             not
             having
             done
             what
             belongs
             to
             me
             to
             do
             :
             I
             will
             therefore
             state
             the
             Fact
             to
             your
             Lordships
             plainly
             as
             it
             stands
             upon
             the
             Proof
             ,
             and
             submit
             the
             whole
             to
             your
             Lordships
             Determination
             .
          
           
             My
             Lords
             ,
             Our
             positive
             Proof
             with
             which
             I
             crave
             leave
             to
             begin
             ,
             is
             but
             by
             one
             ,
             single
             Witness
             ,
             and
             that
             is
             Saxon
             ,
             and
             his
             Evidence
             is
             this
             ,
             That
             being
             in
             Cheshire
             where
             he
             lives
             ,
             he
             was
             sent
             for
             about
             the
             3
             d
             or
             4
             th
             of
             June
             last
             to
             my
             Lord
             
             Delamere's
             House
             at
             Mere
             ,
             and
             there
             he
             was
             brought
             into
             a
             Lower
             Room
             ,
             where
             he
             saw
             my
             Lord
             Delamere
             ,
             Sir
             
               Robert
               Cotton
            
             ,
             and
             Mr.
             
               Crew
               Offley
            
             :
             That
             my
             Lord
             Delamere
             told
             him
             he
             had
             received
             a
             Message
             lately
             by
             one
             Jones
             ,
             that
             was
             sent
             from
             the
             Duke
             of
             Monmouth
             ,
             whereby
             he
             understood
             that
             the
             Duke
             would
             speedily
             be
             in
             England
             ,
             and
             that
             they
             must
             provide
             Men
             and
             Arms
             to
             assist
             him
             when
             he
             came
             ;
             That
             he
             was
             a
             Man
             recommended
             to
             them
             by
             my
             Lord
             Brandon
             ,
             and
             that
             upon
             his
             recommendation
             they
             had
             thought
             fit
             to
             intrust
             him
             in
             the
             matter
             ,
             and
             withal
             told
             him
             ,
             They
             were
             to
             raise
             40000
             l.
             and
             
             10000
             Men
             in
             that
             County
             :
             He
             tells
             you
             likewise
             ,
             these
             Gentlemen
             gave
             him
             11
             Guineys
             and
             5
             l.
             in
             Silver
             to
             go
             of
             an
             Errand
             for
             them
             to
             the
             Duke
             of
             Monmouth
             ,
             which
             he
             undertook
             to
             do
             ,
             and
             hired
             a
             Horse
             to
             that
             purpose
             .
          
           
             This
             ,
             My
             Lords
             ,
             is
             the
             positive
             Proof
             ,
             and
             this
             ,
             I
             must
             acknowledge
             ,
             standing-single
             and
             by
             it self
             ,
             will
             make
             but
             one
             Witness
             ;
             but
             whether
             the
             Circumstances
             that
             have
             been
             offered
             to
             your
             Lordships
             by
             the
             other
             Witnesses
             ,
             be
             such
             violent
             Circumstances
             as
             necessarily
             tend
             to
             fortifie
             and
             support
             that
             positive
             Evidence
             ,
             and
             so
             will
             supply
             the
             defect
             of
             a
             second
             Witness
             ,
             is
             the
             next
             question
             that
             I
             come
             to
             consider
             ,
             and
             I
             shall
             take
             them
             into
             consideration
             in
             the
             same
             order
             that
             the
             Evidence
             was
             delivered
             .
          
           
             The
             first
             step
             ,
             My
             Lords
             ,
             that
             was
             made
             as
             to
             any
             Evidence
             that
             toucheth
             this
             Noble
             Lord
             at
             the
             Bar
             ,
             was
             what
             was
             testified
             by
             my
             Lord
             Gray
             ,
             (
             for
             as
             to
             the
             other
             part
             of
             the
             Evidence
             that
             related
             to
             the
             Conspiracy
             in
             general
             ,
             I
             need
             not
             trouble
             your
             Lordships
             with
             the
             repetition
             of
             it
             (
             that
             there
             was
             such
             an
             one
             is
             notoriously
             known
             )
             but
             I
             say
             that
             part
             of
             the
             Evidence
             in
             his
             History
             of
             the
             Conspiracy
             ,
             which
             my
             Lord
             Gray
             brought
             home
             to
             my
             Lord
             Delamere
             was
             this
             ,
          
           
             That
             upon
             the
             first
             Meetings
             and
             Consultations
             ,
             it
             was
             resolved
             upon
             ,
             That
             the
             Duke
             of
             Monmouth
             should
             go
             into
             Cheshire
             to
             make
             an
             Interest
             there
             ,
             and
             among
             the
             Persons
             that
             he
             was
             directed
             to
             go
             to
             ,
             and
             to
             apply
             himself
             to
             for
             advice
             there
             ,
             as
             Persons
             fit
             to
             be
             trusted
             ,
             this
             Noble
             Lord
             was
             one
             .
          
           
             That
             upon
             the
             Duke
             of
             
             Monmouth's
             Return
             out
             of
             Cheshire
             ,
             he
             did
             give
             his
             Confederates
             here
             in
             Town
             an
             Account
             ,
             how
             well
             he
             had
             been
             received
             ,
             and
             that
             he
             liked
             all
             things
             very
             well
             there
             :
             This
             my
             Lords
             ,
             is
             the
             first
             Circumstance
             offered
             that
             has
             been
             to
             you
             ,
             to
             shew
             that
             he
             had
             a
             Confidence
             in
             my
             Lord
             Delamere
             ;
             as
             a
             Principal
             Support
             of
             his
             Designs
             at
             that
             very
             time
             .
          
           
             The
             next
             thing
             that
             we
             offer
             ,
             is
             this
             Message
             of
             
             Jones's
             ,
             and
             for
             that
             ,
             our
             Evidence
             has
             fully
             and
             plainly
             made
             it
             out
             to
             your
             Lordships
             ,
             That
             Jones
             did
             go
             over
             into
             Holland
             ,
             and
             his
             Business
             there
             was
             an
             Errand
             from
             Disney
             and
             Major
             Wildman
             ,
             and
             the
             Confederates
             here
             .
             The
             effect
             of
             his
             Message
             was
             ,
             That
             it
             was
             their
             Opinion
             ,
             That
             the
             Duke
             of
             Monmouth
             should
             go
             for
             Scotland
             and
             joyn
             with
             my
             Lord
             Argyle
             ;
             but
             upon
             the
             Receipt
             of
             the
             Message
             ,
             he
             being
             angry
             ,
             said
             ,
             It
             was
             too
             late
             for
             such
             a
             Message
             now
             ,
             and
             he
             would
             come
             into
             England
             ,
             for
             he
             was
             ready
             to
             Sail
             ,
             and
             thereupon
             he
             did
             send
             this
             same
             Jones
             back
             again
             into
             England
             upon
             a
             Message
             ,
             to
             inform
             the
             Lords
             and
             others
             of
             his
             Party
             ,
             among
             whom
             my
             Lord
             Delamere
             was
             one
             ,
             That
             he
             would
             have
             them
             betake
             themselves
             into
             
             their
             several
             Countries
             ,
             and
             not
             stay
             to
             be
             taken
             or
             clap'd
             up
             here
             ,
             for
             that
             ,
             he
             did
             understand
             ,
             was
             the
             design
             ;
             and
             this
             Message
             was
             delivered
             in
             Writing
             (
             now
             that
             the
             Duke
             of
             Monmouth
             did
             write
             a
             Note
             and
             give
             it
             to
             Jones
             ,
             is
             verified
             by
             my
             Lord
             
             Gray's
             Testimony
             too
             )
             and
             this
             was
             Sealed
             up
             ,
             and
             he
             was
             not
             to
             open
             it
             till
             he
             came
             to
             Sea
             ,
             and
             when
             he
             did
             open
             it
             ,
             he
             found
             it
             contained
             a
             Signification
             of
             the
             Place
             where
             he
             was
             to
             Land
             ,
             and
             where
             he
             was
             to
             Rendezvouz
             ,
             which
             was
             Taunton
             ,
             and
             who
             were
             the
             Persons
             that
             were
             to
             have
             Notice
             of
             it
             ,
             among
             whose
             Names
             we
             find
             my
             Lord
             
             Delamere's
             to
             be
             one
             ;
             but
             he
             does
             likewise
             tell
             you
             ,
             he
             was
             not
             the
             man
             that
             was
             to
             carry
             the
             Message
             to
             these
             Persons
             ,
             but
             he
             was
             to
             deliver
             it
             to
             Matthews
             or
             Wildman
             ,
             and
             they
             were
             to
             transmit
             it
             to
             the
             other
             Persons
             .
          
           
             He
             tells
             you
             likewise
             ,
             That
             when
             he
             came
             to
             Town
             ,
             which
             was
             the
             27
             th
             of
             May
             ,
             he
             met
             neither
             with
             Matthews
             nor
             Major
             Wildman
             ;
             whereupon
             being
             at
             a
             loss
             what
             he
             should
             do
             with
             his
             Message
             ,
             for
             want
             of
             those
             other
             Persons
             ,
             he
             acquainted
             Disney
             that
             was
             Executed
             ,
             with
             his
             Errand
             ,
             who
             promised
             to
             take
             care
             that
             it
             should
             be
             delivered
             .
          
           
             This
             ,
             My
             Lords
             ,
             is
             all
             
             Jones's
             Evidence
             ,
             for
             Jones
             does
             not
             say
             that
             he
             himself
             acquainted
             ,
             or
             that
             Disney
             did
             acquaint
             my
             Lord
             Delamere
             with
             the
             Message
             .
          
           
             But
             here
             ,
             My
             Lord
             ,
             is
             the
             main
             Circumstance
             that
             renders
             the
             matter
             suspicious
             ,
             That
             very
             Night
             that
             Jones
             came
             to
             Town
             ,
             and
             Disney
             being
             acquainted
             with
             the
             Message
             ,
             had
             undertaken
             to
             get
             it
             delivered
             ,
             does
             my
             Lord
             Delamere
             at
             Ten
             of
             the
             Clock
             at
             Night
             go
             out
             of
             Town
             ,
             in
             the
             Company
             of
             two
             Friends
             under
             the
             Disguise
             of
             the
             Name
             of
             Brown
             ,
             and
             a
             Bye-Road
             ,
             and
             so
             goes
             down
             to
             his
             own
             House
             in
             Cheshire
             ;
             This
             I
             say
             ,
             is
             the
             Circumstance
             that
             renders
             the
             thing
             suspicious
             .
          
           
             Now
             my
             Lords
             ,
             if
             we
             do
             prove
             by
             such
             sufficient
             Evidence
             ,
             as
             may
             make
             the
             matter
             manifest
             to
             you
             ,
             that
             my
             Lord
             Delamere
             had
             Notice
             of
             
             Jones's
             Message
             (
             for
             upon
             that
             Point
             the
             Case
             will
             turn
             ,
             whether
             he
             had
             Notice
             such
             a
             Message
             was
             brought
             ,
             that
             such
             things
             were
             in
             agitation
             ,
             such
             Preparations
             made
             ,
             and
             that
             they
             were
             all
             to
             go
             into
             the
             Country
             )
             then
             I
             say
             ,
             his
             going
             down
             is
             a
             violent
             Presumption
             ,
             he
             had
             an
             intent
             to
             comply
             with
             the
             Message
             ,
             and
             joyn
             in
             the
             Design
             .
          
           
             But
             now
             ,
             My
             Lords
             ,
             comes
             the
             Question
             ,
             the
             main
             Question
             ,
             How
             is
             it
             made
             out
             that
             he
             had
             Notice
             ,
             Jones
             brought
             such
             a
             Message
             ?
          
           
           
             Jones
             indeed
             ,
             My
             Lords
             ,
             does
             not
             say
             that
             he
             himself
             imparted
             it
             to
             him
             ,
             or
             that
             Disney
             told
             him
             he
             had
             Communicated
             it
             ,
             but
             I
             think
             there
             is
             another
             Witness
             ,
             and
             that
             is
             Storey
             ,
             who
             saith
             ,
             That
             Brand
             ,
             one
             that
             knew
             of
             the
             Message
             ,
             did
             acquaint
             him
             ,
             that
             my
             Lord
             had
             received
             it
             at
             the
             Coffee-House
             ,
             and
             that
             Night
             went
             out
             of
             Town
             .
          
           
             It
             is
             true
             ,
             My
             Lords
             ,
             this
             is
             but
             a
             Hear-say
             ,
             but
             that
             which
             followed
             being
             matter
             of
             Fact
             ,
             my
             Lord
             's
             going
             out
             of
             Town
             that
             Night
             ,
             so
             late
             in
             the
             Night
             ,
             and
             in
             such
             an
             unusual
             suspicious
             manner
             ,
             gives
             more
             Credit
             to
             the
             Relation
             ,
             than
             as
             a
             bare
             Hear-say
             could
             have
             of
             it self
             .
          
           
             For
             unless
             there
             be
             some
             good
             account
             given
             of
             my
             Lords
             thus
             going
             out
             of
             Town
             ,
             it
             is
             a
             kind
             of
             necessary
             Presumption
             ,
             that
             he
             acquainted
             with
             the
             Message
             ,
             part
             of
             which
             was
             ,
             That
             he
             should
             go
             out
             of
             Town
             ;
             and
             if
             so
             ,
             it
             can
             have
             no
             other
             Construction
             ,
             with
             Submission
             ,
             than
             to
             be
             in
             pursuance
             of
             ,
             and
             complying
             with
             the
             Directions
             that
             that
             Message
             brought
             him
             from
             the
             Duke
             of
             Monmouth
             .
          
           
             My
             Lords
             ,
             to
             carry
             this
             a
             little
             further
             ,
             there
             were
             two
             Witnesses
             produced
             that
             went
             out
             of
             Town
             with
             him
             ;
             they
             seem
             indeed
             unwillingly
             to
             give
             their
             Evidence
             ,
             but
             I
             shall
             faithfully
             repeat
             what
             Testimony
             they
             gave
             :
             Their
             Names
             were
             Vaux
             and
             Edlin
             .
          
           
             Vaux
             he
             saith
             he
             met
             my
             Lord
             Delamere
             at
             the
             Rummer-Tavern
             in
             Queen-street
             the
             26
             th
             day
             of
             May
             ,
             which
             was
             the
             day
             before
             Jones
             came
             to
             Town
             ,
             and
             that
             then
             he
             appointed
             to
             go
             out
             of
             Town
             the
             next
             day
             ,
             which
             was
             the
             27th
             ,
             and
             accordingly
             he
             did
             go
             .
          
           
             Edlin
             he
             saith
             ,
             he
             met
             Vaux
             at
             the
             Custom-House
             upon
             the
             27th
             of
             May
             in
             the
             Morning
             ,
             and
             being
             desired
             by
             him
             to
             go
             with
             him
             out
             of
             Town
             ,
             he
             did
             so
             ,
             and
             there
             was
             with
             him
             a
             Gentleman
             whose
             Name
             was
             Brown
             ,
             and
             who
             now
             appears
             to
             be
             my
             Lord
             Delamere
             ;
             they
             went
             in
             Company
             with
             him
             as
             far
             as
             Hitchin
             ,
             where
             they
             left
             him
             upon
             Thursday
             the
             28th
             at
             Noon
             .
          
           
             This
             Evidence
             is
             produced
             to
             shew
             ,
             That
             my
             Lord
             did
             go
             out
             of
             Town
             at
             that
             time
             ,
             and
             in
             that
             manner
             as
             has
             been
             alledged
             ,
             and
             that
             these
             Persons
             went
             with
             him
             to
             conduct
             him
             a
             private
             way
             that
             he
             should
             not
             go
             the
             common
             Road.
             Your
             Lordships
             will
             consider
             what
             Answer
             hath
             been
             given
             to
             this
             ,
             and
             what
             account
             my
             Lord
             Delamere
             has
             given
             of
             himself
             .
          
           
             Another
             thing
             my
             Lords
             ,
             that
             renders
             this
             matter
             suspicious
             ,
             is
             the
             Name
             which
             my
             Lord
             was
             pleased
             to
             assume
             to
             disguise
             himself
             
             by
             ,
             it
             being
             a
             Name
             by
             which
             the
             Party
             use
             to
             call
             my
             Lord
             in
             their
             Discourses
             of
             him
             ;
             And
             to
             prove
             that
             ,
             we
             have
             likewise
             produced
             two
             Witnesses
             ,
             Babington
             and
             Paunceford
             .
          
           
             Babington
             ,
             he
             says
             ,
             That
             in
             their
             Consultations
             there
             were
             Discourses
             of
             my
             Lord
             Delamere
             under
             the
             Name
             of
             Brown
             ,
             and
             once
             at
             a
             Tavern
             when
             my
             Lord
             Delamere
             was
             named
             by
             one
             in
             the
             Company
             ,
             he
             was
             presently
             catched
             up
             for
             it
             ,
             and
             replied
             to
             ,
             You
             mean
             Mr.
             Brown
             ;
             and
             so
             it
             seems
             that
             was
             the
             Canting
             Name
             under
             which
             they
             discoursed
             of
             my
             Lord
             Delamere
             .
          
           
             The
             other
             Witness
             Paunceford
             ,
             he
             tells
             you
             ,
             That
             being
             at
             
             Disney's
             House
             ,
             and
             concerned
             with
             him
             in
             the
             printing
             the
             Late
             Duke
             of
             
             Monmouth's
             Declarations
             (
             for
             the
             printing
             of
             which
             ,
             Disney
             was
             Executed
             )
             one
             Lock
             came
             for
             some
             of
             those
             Declarations
             for
             Mr.
             Brown
             ,
             and
             they
             were
             to
             be
             sent
             into
             Cheshire
             :
             so
             that
             though
             your
             Lordships
             observe
             the
             Witness
             saith
             ,
             some
             body
             else
             was
             called
             by
             the
             Name
             of
             Brown
             ,
             yet
             you
             have
             had
             no
             account
             given
             you
             ,
             that
             there
             was
             any
             other
             Brown
             in
             Cheshire
             .
          
           
             It
             is
             true
             indeed
             ,
             My
             Lords
             ,
             that
             these
             are
             only
             things
             that
             Disney
             said
             ,
             and
             Lock
             said
             ;
             But
             I
             must
             take
             leave
             to
             say
             ,
             it
             is
             very
             suspicious
             ,
             that
             if
             my
             Lord
             went
             out
             of
             Town
             into
             Cheshire
             under
             the
             Name
             of
             Brown
             ,
             and
             some
             Persons
             shall
             on
             the
             behalf
             of
             Brown
             come
             for
             Declarations
             to
             be
             sent
             into
             Cheshire
             ,
             and
             my
             Lord
             commonly
             in
             that
             Parly
             go
             by
             the
             Name
             of
             Brown
             ,
             that
             those
             Declarations
             were
             for
             my
             Lord
             ,
             and
             that
             will
             be
             a
             great
             Evidence
             of
             his
             Correspondence
             with
             Monmouth
             .
          
           
             But
             I
             confess
             ,
             My
             Lords
             ,
             all
             this
             while
             our
             Proof
             is
             Circumstantial
             ,
             and
             indeed
             there
             is
             no
             positive
             Proof
             but
             that
             of
             Saxon
             ,
             and
             in
             him
             our
             Proof
             must
             center
             ,
             for
             without
             him
             I
             must
             acknowledge
             nothing
             that
             has
             been
             offered
             will
             be
             Proof
             against
             my
             Lord
             upon
             this
             Indictment
             ,
             for
             bare
             Circumstances
             and
             bare
             Suspicions
             will
             be
             no
             Proof
             against
             any
             Man
             ,
             but
             such
             as
             are
             violent
             and
             necessary
             ,
             and
             those
             joyned
             to
             a
             positive
             Proof
             ,
             such
             as
             the
             Law
             requires
             .
          
           
             Now
             then
             ,
             My
             Lords
             ,
             I
             come
             to
             the
             Consideration
             of
             what
             weight
             and
             stress
             is
             to
             be
             laid
             upon
             this
             positive
             Evidence
             of
             Saxons
             :
             And
             here
             I
             must
             confess
             there
             are
             objections
             made
             to
             this
             Testimony
             ,
             to
             which
             I
             cannot
             readily
             give
             an
             Answer
             ;
             for
             Saxon
             has
             sworn
             ,
             that
             he
             was
             there
             at
             such
             a
             time
             ,
             and
             that
             he
             was
             sent
             for
             and
             entertain'd
             as
             a
             Person
             recommended
             by
             my
             Lord
             Brandon
             ,
             as
             fit
             to
             be
             intrusted
             with
             the
             Secret
             ,
             and
             capable
             of
             being
             imployed
             to
             stir
             up
             the
             Country
             ,
             in
             order
             to
             the
             prosecution
             of
             a
             Design
             they
             had
             on
             foot
             to
             raise
             a
             Rebellion
             ,
             and
             he
             does
             Charge
             Sir
             
               Robert
               Cotton
            
             and
             Mr.
             
               Crew
               Offley
            
             to
             have
             been
             there
             at
             the
             same
             time
             .
          
           
           
             The
             Evidence
             ,
             My
             Lords
             ,
             that
             has
             been
             produced
             to
             falsifie
             this
             positive
             Witness
             ,
             in
             the
             point
             of
             Sir
             Robert
             Cotton's
             being
             there
             ,
             has
             been
             by
             Five
             or
             Six
             Witnesses
             ,
             who
             testifie
             Sir
             Robert
             Cotton's
             being
             in
             Town
             ,
             and
             not
             elsewhere
             from
             the
             10th
             of
             April
             to
             the
             latter
             end
             of
             July
             ;
             and
             I
             do
             not
             see
             what
             we
             have
             to
             say
             in
             answer
             to
             their
             Testimony
             ;
             I
             must
             agree
             the
             Proof
             to
             be
             full
             in
             that
             Point
             ,
             and
             if
             the
             Evidence
             they
             give
             be
             true
             ,
             I
             cannot
             say
             that
             
             Saxon's
             Evividence
             can
             be
             true
             in
             that
             Point
             .
          
           
             Likewise
             as
             to
             Mr.
             Offley
             ,
             Sir
             
               Willoughby
               Aston
            
             and
             others
             have
             testified
             ,
             that
             he
             was
             not
             at
             my
             Lord
             
             Delamere's
             at
             the
             time
             Saxon
             speaks
             of
             :
             For
             he
             gives
             you
             an
             account
             where
             he
             was
             every
             day
             from
             the
             26th
             of
             May
             to
             the
             4th
             of
             June
             ,
             and
             his
             own
             Servants
             bring
             him
             to
             his
             own
             House
             ,
             upon
             the
             4th
             of
             June
             in
             the
             Evening
             ,
             which
             is
             quite
             another
             way
             than
             from
             Sir
             Willoughby
             Aston's
             to
             my
             Lord
             
             Delamere's
             ;
             If
             this
             likewise
             be
             true
             ,
             what
             Saxons
             says
             ,
             cannot
             be
             true
             ,
             I
             must
             agree
             it
             .
          
           
             There
             is
             another
             thing
             that
             is
             offered
             on
             my
             Lord
             
             Delamere's
             part
             ,
             That
             he
             was
             himself
             in
             Town
             at
             that
             time
             that
             Saxon
             sayes
             he
             was
             at
             Mere
             ;
             But
             here
             indeed
             the
             matter
             seems
             to
             be
             a
             little
             more
             strange
             and
             dubious
             ,
             that
             my
             Lord
             should
             make
             so
             much
             hast
             down
             ,
             as
             to
             go
             out
             late
             at
             Night
             ,
             and
             so
             cautiously
             as
             to
             go
             by
             a
             wrong
             Name
             ,
             and
             yet
             to
             ride
             to
             Town
             again
             the
             Post-way
             to
             be
             here
             just
             the
             3d
             of
             June
             ,
             when
             Saxon
             swears
             he
             was
             in
             Cheshire
             .
          
           
             I
             must
             confess
             there
             is
             the
             Proof
             of
             his
             two
             Brothers
             that
             say
             ,
             They
             saw
             him
             in
             Town
             the
             3
             d
             and
             4
             th
             of
             June
             :
             There
             is
             likewise
             some
             account
             given
             of
             his
             going
             out
             of
             Town
             ,
             that
             it
             was
             upon
             a
             Message
             received
             from
             his
             Mother
             ;
             that
             his
             Child
             in
             the
             Countrey
             was
             sick
             ,
             and
             indeed
             he
             did
             go
             a
             By-way
             and
             change
             his
             name
             for
             fear
             of
             a
             Warrant
             in
             a
             Messengers
             hands
             that
             was
             out
             against
             him
             to
             apprehend
             him
             .
          
           
             Now
             ,
             My
             Lords
             ,
             I
             do
             not
             hear
             any
             thing
             that
             has
             been
             offered
             ,
             that
             there
             was
             any
             such
             Warrant
             ,
             or
             any
             discourse
             to
             ground
             that
             apprehension
             upon
             ;
             My
             Lord
             had
             the
             first
             and
             only
             apprehension
             of
             a
             Warrant
             ;
             but
             upon
             what
             Reasons
             he
             himself
             best
             knows
             :
             This
             apprehension
             made
             him
             go
             out
             of
             Town
             so
             privately
             ,
             he
             sayes
             ,
             because
             he
             would
             not
             be
             prevented
             of
             seeing
             his
             sick
             Child
             .
          
           
             But
             how
             comes
             it
             to
             pass
             that
             my
             Lord
             makes
             such
             a
             speedy
             Return
             :
             By
             the
             Proofs
             it
             appears
             he
             did
             not
             get
             there
             till
             Sunday
             Night
             ,
             and
             upon
             the
             Tuesday
             Morning
             comes
             Post
             for
             London
             .
          
           
             The
             account
             that
             he
             gives
             of
             that
             ,
             is
             this
             ,
             His
             hast
             was
             to
             see
             another
             Child
             ,
             that
             was
             here
             sick
             in
             Town
             ;
             For
             he
             had
             received
             an
             express
             
             from
             his
             Wife
             upon
             the
             Monday
             to
             acquaint
             him
             ,
             that
             the
             Coast
             was
             clear
             ,
             and
             there
             was
             no
             Warrant
             out
             against
             him
             ,
             but
             if
             he
             intended
             to
             see
             his
             Child
             alive
             ,
             he
             must
             make
             hast
             up
             to
             Town
             ;
             and
             accordingly
             upon
             the
             Tuesday
             morning
             early
             he
             sets
             out
             ,
             and
             upon
             the
             Wednesday
             in
             the
             Evening
             is
             here
             in
             Town
             again
             .
          
           
             But
             ,
             with
             submission
             ,
             My
             Lords
             ,
             there
             is
             no
             good
             Account
             given
             by
             this
             noble
             Lord
             ,
             what
             reason
             there
             was
             for
             so
             many
             Post-Journeys
             backward
             and
             forward
             ,
             as
             ,
             had
             been
             testified
             ,
             he
             to
             have
             made
             within
             a
             very
             little
             compass
             of
             time
             ;
             for
             besides
             this
             of
             his
             return
             Post
             upon
             the
             2
             d
             of
             June
             ,
             there
             is
             only
             an
             Answer
             given
             to
             one
             of
             the
             rest
             ,
             which
             is
             ,
             That
             of
             the
             5
             th
             of
             May
             ,
             when
             he
             saith
             he
             went
             to
             take
             possession
             of
             the
             Land
             that
             he
             held
             by
             a
             Lease
             then
             renewed
             to
             him
             by
             the
             Bishop
             ,
             which
             being
             of
             some
             Value
             and
             Consideration
             to
             his
             Lordship
             ,
             and
             the
             Bishop
             being
             sick
             ,
             he
             thought
             it
             necessary
             to
             go
             down
             Post
             himself
             ,
             and
             would
             not
             be
             content
             to
             receive
             Livery
             by
             Attornment
             .
             This
             is
             the
             only
             answer
             that
             is
             given
             to
             all
             those
             times
             of
             his
             riding
             Post
             that
             have
             been
             given
             in
             Evidence
             .
          
           
             These
             are
             matters
             of
             Suspicion
             that
             are
             offered
             to
             your
             Lordships
             ,
             but
             I
             confess
             matters
             of
             Suspicion
             only
             ;
             unless
             clear
             ,
             positive
             ,
             probable
             Proof
             be
             joyned
             with
             them
             ,
             will
             not
             weigh
             with
             your
             Lordships
             to
             convict
             a
             man
             of
             High-Treason
             where
             two
             Witnesses
             are
             required
             .
             But
             whether
             these
             matters
             of
             Suspicion
             be
             such
             violent
             and
             necessary
             Presumptions
             as
             tend
             to
             fortifie
             the
             positive
             Testimony
             ,
             I
             must
             leave
             that
             to
             the
             Consideration
             of
             your
             Lordships
             .
          
        
         
           
             Lord
             High
             Steward
             .
          
           
             You
             do
             not
             call
             any
             more
             Witnesses
             then
             I
             perceive
             .
          
        
         
           
             Mr.
             Soll.
             General
             .
          
           
             No
             ,
             My
             Lord.
             
          
        
         
           
             Lord
             High
             Steward
             .
          
           
             My
             Lords
             ,
             it
             has
             not
             been
             usual
             of
             late
             ,
             for
             those
             who
             have
             sate
             in
             the
             place
             where
             I
             now
             am
             ,
             upon
             those
             Occasions
             to
             give
             you
             Lordships
             any
             trouble
             in
             repeating
             or
             observing
             upon
             the
             Evidence
             :
             In
             this
             Case
             the
             Evidence
             that
             hath
             been
             given
             has
             been
             very
             long
             ,
             and
             it
             would
             be
             too
             great
             a
             Presumption
             in
             me
             ,
             should
             I
             have
             any
             manner
             of
             doubt
             in
             the
             least
             ,
             that
             either
             your
             Lordships
             have
             not
             well
             observed
             it
             ,
             or
             the
             Learned
             Counsel
             for
             the
             King
             have
             been
             defective
             in
             collecting
             or
             remarking
             upon
             it
             ,
             so
             as
             to
             need
             my
             Assistance
             .
          
           
             But
             ,
             my
             Lords
             ,
             I
             confess
             there
             is
             something
             I
             cannot
             omit
             taking
             notice
             of
             ,
             not
             for
             your
             Lordships
             sakes
             ,
             but
             for
             the
             sake
             of
             this
             numerous
             and
             great
             Auditory
             ,
             that
             one
             mistake
             in
             point
             of
             Law
             
             might
             not
             go
             unrectified
             ,
             which
             seemed
             to
             be
             urged
             with
             some
             earnestness
             by
             the
             Noble
             Lord
             at
             the
             Barr
             ,
             
               That
               there
               is
               a
               necessity
               in
               point
               of
               Law
               ,
               that
               there
               should
               be
               two
               Positive
               Witnesses
               to
               convict
               a
               man
               of
               Treason
               .
            
          
           
             He
             seemed
             to
             lay
             a
             great
             stress
             upon
             that
             ,
             but
             certainly
             his
             Lordship
             is
             under
             a
             great
             mistake
             ,
             as
             to
             the
             Law
             in
             that
             Point
             ;
             for
             without
             all
             doubt
             ,
             what
             was
             urged
             in
             answer
             to
             this
             Objection
             by
             that
             Learned
             Gentleman
             that
             concluded
             for
             the
             King
             ,
             is
             true
             ,
             There
             may
             be
             such
             other
             substantial
             Circumstances
             joyned
             to
             one
             Positive
             Testimony
             ,
             that
             ,
             by
             the
             Opinion
             of
             all
             the
             Judges
             of
             England
             ,
             several
             times
             has
             been
             adjudged
             and
             held
             to
             be
             a
             sufficient
             Proof
             .
          
           
             As
             for
             the
             purpose
             ,
             in
             this
             Case
             ,
             suppose
             your
             Lordships
             ,
             upon
             the
             Evidence
             that
             has
             been
             given
             here
             this
             day
             ,
             should
             believe
             Saxon
             swears
             true
             ,
             who
             is
             a
             Positive
             Witness
             ,
             and
             shall
             then
             likewise
             believe
             that
             there
             was
             that
             Circumstance
             of
             
             Jones's
             coming
             over
             from
             Holland
             with
             such
             a
             Message
             upon
             the
             27
             th
             of
             May
             (
             which
             is
             directly
             sworn
             in
             Evidence
             ,
             you
             are
             the
             Judges
             of
             that
             Evidence
             )
             and
             what
             the
             other
             Witnesses
             have
             sworn
             likewise
             ,
             and
             is
             not
             denied
             by
             my
             Lord
             ,
             the
             Prisoner
             at
             the
             Barr
             ,
             that
             he
             went
             out
             of
             Town
             that
             Night
             ,
             changed
             his
             Name
             ,
             and
             went
             an
             indirect
             By-Road
             ,
             certainly
             these
             Circumstances
             if
             your
             Lordships
             be
             satisfied
             he
             went
             for
             that
             purpose
             do
             necessarily
             knit
             the
             positive
             Testimony
             of
             Saxon
             ,
             and
             amount
             to
             a
             second
             Witness
             .
          
           
             That
             is
             ,
             if
             
             Saxon's
             positive
             Testimony
             be
             true
             ,
             then
             suppose
             all
             these
             Circumstances
             that
             gove
             the
             Jealousie
             do
             make
             up
             a
             strong
             presumption
             to
             joyn
             with
             the
             positive
             Evidence
             of
             Saxon
             ,
             then
             you
             have
             two
             witnesses
             as
             the
             Law
             requires
             ,
             especially
             ,
             if
             the
             answer
             given
             by
             the
             Prisoner
             to
             those
             Circumstances
             be
             not
             sufficient
             (
             as
             the
             slender
             account
             he
             gives
             of
             his
             so
             frequent
             Journeys
             in
             so
             short
             a
             compass
             of
             time
             )
             but
             that
             there
             still
             remains
             some
             Suspicion
             ;
             I
             could
             have
             wished
             indeed
             ,
             that
             matter
             might
             have
             been
             made
             somewhat
             more
             clear
             ;
             that
             no
             shadow
             of
             Suspicion
             might
             remain
             .
          
           
             Your
             Lordships
             are
             Judges
             :
             And
             if
             you
             do
             not
             believe
             the
             Testimony
             of
             Saxon
             ,
             whose
             Testimony
             hath
             been
             so
             positively
             contradicted
             by
             divers
             Witnesses
             of
             Quality
             ,
             the
             Prisoner
             ought
             to
             be
             acquitted
             of
             this
             Indictment
             :
             If
             your
             Lordships
             please
             ,
             You
             may
             go
             together
             and
             consider
             of
             it
             .
          
        
         
           
             Lords
             .
          
           
             Ay
             withdraw
             ,
             withdray
             .
          
        
         
           
           
             Then
             the
             Peers
             withdrew
             in
             their
             order
             according
             to
             their
             Precedency
             with
             the
             Serjeant
             at
             Arms
             before
             them
             .
          
        
         
           
             Lord
             High
             Steward
             .
          
           
             Lieutenant
             of
             the
             Tower
             ,
             take
             your
             Prisoner
             from
             the
             Barr
             :
          
        
         
           The
           Prisoner
           was
           taken
           into
           the
           little
           Room
           appointed
           for
           him
           at
           the
           entrance
           into
           the
           Court.
           
        
         
           The
           Peers
           staid
           out
           about
           half
           an
           hour
           ,
           and
           then
           returned
           in
           the
           same
           Order
           that
           they
           went
           out
           in
           ,
           and
           Seated
           themselves
           in
           their
           places
           as
           before
           .
        
         
           
             Cl.
             Crown
             .
          
           
             Serjeant
             at
             Arms
             ,
             take
             the
             appearance
             of
             the
             Peers
             ,
             Lawrence
             Earl
             of
             Rochester
             Lord
             High
             Treasurer
             of
             England
             .
          
        
         
           He
           stood
           up
           uncovered
           and
           answered
           .
        
         
           
             Lord
             Treasurer
             .
          
           
             Here.
             
          
        
         
           And
           so
           did
           all
           the
           rest
           .
        
         
           
             Lord
             High
             Steward
             .
          
           
             My
             Lords
             ,
             are
             you
             agreed
             of
             your
             Verdict
             ?
          
        
         
           
             Lords
             .
          
           
             Yes
             :
          
        
         
           
             The
             Lord
             High
             Steward
             took
             their
             Verdict
          
           Seriatim
           ,
           
             beginning
             with
             the
             puisue
             Peer
             in
             this
             manner
          
           :
        
         
           
             Lord
             High
             Steward
             .
          
           
             How
             say
             you
             my
             Lord
             Churchill
             ,
             is
             Henry
             Baron
             of
             Delamere
             guilty
             of
             the
             High
             Treason
             whereof
             he
             stands
             Indicted
             and
             hath
             been
             Arraigned
             ,
             or
             not
             guilty
             .
          
        
         
           
             The
             Lord
          
           Churchill
           
             stood
             up
             uncovered
             ,
             and
             laying
             his
             hand
             on
             his
             Breast
             answered
             ,
          
        
         
           
             Lord
             Churchill
             .
          
           
             Not
             guilty
             upon
             my
             Honour
             .
          
        
         
           And
           so
           did
           all
           the
           rest
           of
           the
           Peers
           .
        
         
           
             Lord
             High
             Steward
             .
          
           
             Lieutenant
             of
             the
             Tower
             ,
             bring
             your
             Prisoner
             to
             the
             Barr.
             
          
        
         
           The
           Prisoner
           was
           brought
           again
           to
           the
           Barr.
           
        
         
           
             Lord
             High
             Steward
             .
          
           
             My
             Lord
             Delamere
             ,
             I
             am
             to
             acquaint
             you
             that
             my
             Noble
             Lords
             your
             Peers
             ,
             having
             considered
             of
             the
             Evidence
             that
             hath
             been
             given
             ,
             both
             against
             you
             and
             for
             you
             ,
             after
             they
             were
             withdrawn
             ,
             have
             returned
             and
             agreed
             of
             their
             Verdict
             ,
             and
             by
             that
             Verdict
             have
             unanimously
             declared
             ,
             that
             you
             are
             not
             guilty
             of
             the
             High-Treason
             ,
             whereof
             you
             have
             been
             Indicted
             ,
             and
             this
             day
             Arraigned
             ,
             
             And
             therefore
             I
             must
             discharge
             you
             of
             it
             .
          
        
         
           
             Lord
             Delamere
             .
          
           
             May
             it
             please
             your
             Grace
             ,
             I
             shall
             pray
             to
             Almighty
             God
             ,
             that
             he
             will
             please
             to
             give
             me
             a
             Heart
             to
             be
             Thankful
             to
             him
             for
             his
             Mercy
             ,
             and
             my
             Lords
             for
             their
             Justice
             ;
             And
             I
             pray
             God
             deliver
             their
             Lordships
             ,
             and
             all
             honest
             men
             ,
             from
             Wicked
             and
             Malitious
             ,
             Lying
             and
             False
             Testimony
             ;
             I
             pray
             God
             bless
             His
             Majesty
             and
             Long
             may
             he
             Reign
             .
          
        
         
           
             Lord
             High
             Steward
             .
          
           
             And
             I
             pray
             God
             continue
             to
             him
             his
             Loyal
             Peers
             ,
             and
             all
             other
             his
             Loyal
             Subjects
             .
          
        
         
           
             Cl.
             Crown
             .
          
           
             Serjeant
             at
             Arms
             ,
             make
             Proclamation
             .
          
        
         
           
             Serjeant
             at
             Arms.
             
          
           
             Oyes
             .
             My
             Lord
             High
             Steward
             of
             England
             ,
             his
             Grace
             straightly
             willeth
             and
             commandeth
             all
             manner
             of
             Persons
             here
             present
             to
             depart
             hence
             in
             Gods
             Peace
             and
             the
             Kings
             ,
             for
             his
             Grace
             my
             Lord
             High
             Steward
             of
             England
             now
             dissolves
             his
             Commission
             .
          
        
         
           GOD
           SAVE
           THE
           KING
           .
        
         
           
             
               At
               which
               words
               his
               Grace
               taking
               the
               white
               Staff
               from
               the
               Vsher
               of
               the
               Black
               Rodd
               ,
               held
               it
               over
               his
               own
               Head
               and
               broke
               it
               in
               two
               :
               Thereby
               dissolving
               the
               Court.
               
            
          
        
         
           FINIS
           .