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COLLECTION

O F

THE MOST REMARKABLE

AND

feN TERESTING TRIALS.

PARTICULARLY

Of thofe PE RSONS who have forfsited their LIVES to the injured

L AW S of their COUNTRY,

IN WHICH

THE MOST REMARKABLE

O F T H E

STATE TRIALS

WILL BE INCLUDED.

With the DEFENCE and BEHAVIOUR of the CRIMINALS,

before and after Condemnation.

INTENDED

Not only to point out the Crimes of the G R E AT, which are at prefcnt biu little
farther known than their own Families ;

BUT

Alfo thofe of Inferior Criminals, >vho only are handed down as Examples to

Posterity.

VOL. L

LONDON:
Printed for R. S N A G G, No. 129, Ft ee T . Stre E t.

MD CCLXX V.

A :.

P R E F A C E.

AFTER what has fo ful!y and concifely been obferved iji the title, it might
perliaps be deemed unnecefTary to trouble the reader farther with a preface;
but as cuftom has ordained, that on ufhering a new performance into the
world, fome apology fliould be made in its behalf, we Ihall not deviate from the
general mode.

We fhall not, however, attempt to prejudice the public in favour of our work, as
fuperior to every one that has preceded it. No ! aftuated by more generous and
liberal motives, all that we fliall lay, is, that every endeavour will be exerted, to avoid
the errors which moft forced productions of this kind liave been guilty of: in which
many interefting trials have been omitted, and the powerful criminal has efcaped
infertion for private or partial views. No pecuniary bias prompts the preknc
Proprietors, but every remarkable and interejling trial, both of the titled villain,
or the artful knave, will be expofed to the public eye, and the moft afliduous
care will be taken to render our CoUeflion not only a valuable but an entertainincr
companion.

To youth, efpecially, our work will be a friendly monitor. Human frailty is
fubjedl to errors, and the juvenile part ot mankind are moft liable to receive the
imprefTions of vice or virtue. Many and various are tha means made ufe of to mif-
lead the honeft but unwary youth, and to draw him out of the plain paths of
virtue and goodnefs. If, therefore, pointing out the road which others have taken
and by which they have been led into a deftructive pit •, if the primary fprinnj
are expofed to their view, which have firft inftigated unfortunate wretches to their
own deftruftion, can prevail •, furely, the prefent plan will be of eff-ntial fervice,
and the youthful reader may be taught by their misfortunes, to avoid the nets hi
which they were entangled, and fliuii the gulph of vice, which many, throuo-h m-
advertency, have plunged into.

As the crimes of men alfo affeft the public in general, it is obvious how ulcful
a work muft prove, which, by expofing public wickednefs, arm.s every man with
caution againft the like drfigns. To thofe, therefore, who are more advanced in
years, this Colleiftion will prove an agreeable entertainment and a friendly afhftant to
the memory. The various artful methods pradifed by defigning villains to defraud
and plunder, will be carefully and accurately inferred, according to the minutes that
were taken down at their different trials, which may prove a cautionary guide to the
induftrious and honeft man, to fecure his property, by guarding againft the like
iviles, which others may attempt to impofe upon him.

We fhall conclude, by obferving, that in the following compilation, great care
has been taken to felcct thofe trials, where crimes or circumftances bear the marks of
originality. State trials, in particular, will be ca'refully and m'mtitely noticed, and
in order to render our Work as agreeable to the reader as pofTible, we have given in
the frontifpiece, A Perspective View of Westminster Hall, with both Hol.s£3
of Parliament, afiembled on the Trial of a Peer.

2223046

EXPLANATION to the FRONTISPIECE.

A Perspective VIEW of WESTMINSTER-HALL, with Both HOUSES of
PARLIAMENT, on the TRIAL of a PEER.

Alfo a View of the Peeresses, their Daughters, die Foreign Ambassadors, and
the reft of the numerous Company, as they are ranged on the Scaffolding ere(5ted
on fuch a folemn Occafion.

'I he King's chair on the throne

Prince of Wales's feat

Duke of Cumberland's feat

A chair for the Lord High 'Steward

Lord High Steward removed from his

chair, nearer the bar, for conveniency

of hearing
6. The two Archbifhops

lO.

Bifiiops on two benches
Thf great officers of ftate, Dukes and
Marquifles, on the front feat
The Barons feated behind the Dukes
Earls and Vifcouiits

11. The remainder of the Barons feated
behind the Earls andVifcounts

12. The Mailer of the Rolls

13. The judges fitting on the infide of
woolparks, and the Matters in Chan-
cery fitting on the outfide

14. The Serieant St Mace

15. Lord High Steward's Purfe-bearer

16. Clerks belonging to the Houfeof Lords

17. Four Mace-bearers and two PIcralds
in front, behind them Peers fons, all of
them ftanding

18. Four Mace-bearers, and Lord High
Steward's gentlemen, allof themftanding

Reference to the Scaffolding round the Houfe of Lords.

A. The Speakerof the Houfe of Commons
P. '1 he Members of the Houfe of Com-
mons on the fide feats

C. Other Members of the Houfe of Com-
mons in front leats

D. The Managers for the Houfe of Com-
mons

E. The Solicitors and Clerks belonging to
the Managers

F. The Prifoner at the bar with the Lieu-
tenant of the Tower on his right hand,
and the Gentleman Jayler with the ax
on his left

G. The Witnefs giving evidence
H. The Frifoner's Council

I. Writer taking the trial

K. The King's box with a velvet chair,
and Ladies on fix rows of benches

L. The Prince of Wales's box, with La-
dies feated on fix benches

M. A box with benches for the Duke of
Cumberland, Princefles, and their at-
tendants. Eehind this box are three
benches for the ufe of the Lord High
Steward's family, and one bench for the
Lord Chief juftice.

N. Another box for the Princefs

O. The box for foreign Ambaffadors

P. Peereffes and their daughters on four
benches

Q. Seats for Peers tickets

R. A gallery at the fouth end of the hall,
containing feventeen rows of feats, hold-
ing eight hundred fixty people. At the
north end is another gallery, filling the
whole fpace behind the Commons and
the benches for peers tickets

S. Gallery belonging to the Board of
Works and the Vice Chamberlain

T. Another gallery

N. B. All the feats are covered, and the fcaffblding iiung with red bays, excepting
where the Houfe of Corrunons fit, and that is covered with green bays.

fe^:

COLLECTION

OF THE MOST

REMARKABLE TRIALS.

><>■i><»«<><x><><x^<■<><x>c<?c«:><>c<^•-0'v<^<>c-:^^^^^^^^^

TRIAL of MARY, Qiieen of SCOTS, for a Confpincy
againit Queen ELIZABETH, at Fothcringay Caftle, in
Northamptonfliire, October 12, 1586.

•AH ERE having been feveral ccn-
fpiracies fet on foot by the Roman
Catholics againft Qiieen Elizabeth,
with a view of advancing the Queen of
Scots to the throne, and thereby reftoring
their religion, the nation had voluntarily
entered into an afibciation, for the fafety of
the Queen's perfon, obliging themlelves,
by their oaths, to revenge her Majefty's
death on thofe who fhould be authors of it.
Which afibciation was approved and con-
firmed, by a ftatute made the twenty-
feventh of Elizabeth, anno 1585 -, and it
was alfo further enacted. That, if any in-
vafion, or rebellion, Ihould happen in any
part of her Majefty's dominons ; or any
attempt lliould be made, to the hurt of the
Qiieen's perfon, by, or for any perfon that
Vol. I.

iliould pretend a title to the crown, after
her Majefty's deceafe -, or if any thing
iliould be compofed or imagined, tending
to the hurt of her Majefty's perfon, with
the privity of any one, that might pretend
a title to the crown : her A'lajefty, by
her commifTion under the great feal, di-
refted to the Lords, and others, of her
Privy council, and to fuch other Lords as
ftiould be named by her majefty, amounting
to twenty-four, at leaft, might authcM-ife
them to examine all and every fuch of-
fences, and to give fentence therein, on
the evidence that ihoukl be produced before
them •, and the Qiieen of Scots being fuf-
peded to be at the bottom of Babington's
confpiracy, a commifiTion was iffued, lor
the trial of the Scotilli Qiieen, by virtue of
B the.

A COLLECTION of TRIALS.

the faid ad, being direfted to the Arch-
bifhop of Canterbury, the Lord Chancellor,
the Lord Treallirer, and above forty noble-
men more, to whom were added five ot the
Judges.

The Archbifliop did not a6t in tliis com-
miflion : but the Lord Cliancellor, and
thirty-fix of the commimoners, aiTembling
at Fotheringay Caltle, the eleventh of Odo-
ber, gave notice to the Scotifli Qiieen of
their arrival, the next day requiring her to
appear before them. To wliich mellage
fne anfwered, Hie was an independent Prin-
ce(s, and the commifTioners could have no
jurifdidion over her: however, having
made a proteft, that flie owed no fubjeclion
to the crown of England, ihe did, at lengtli,
agree to appear before them (fiie faid; to
manifefl her innocence to the world, and,
that fhe might not lie under fo foul an
afperfion, as the confpiracy to afiallinate
the Qtfeen of England.

Then the Qvieen's counfel charged iier
•with being privy to Babington's confpira-
cy, and with approving and encouraging it :
for proof whereof, they produced copies of
Babington's letters, and his examination,
wherein he declares, fhe wrote anfwers to
them -, in one of which, fhe commended
antl approved his defign : a copy of a letter
from the Lord Charles Paget, to her, alfo
was read f which Curl, one of her fecreta-
ries had a.tteftcd, Ihe received) reciting a
conference between the faid Paget, Mendo-
za, the Spanifh ambaiTlidor, and Ballard the
prieft, one of the confpirators, importing,
that an invafion was intended, in order lo
let the Q^icen of Scots at liberty ; the exa-
minations of her fecretaries, N'aw and Curl,
alfo were read, to prove the lettters that
pafled between her and Babington, relating
to the confpiracy.

She was charged alfo with allowing a
pcnfion to Morgan, who fcnt over Parry
(already mentioned) to kill the Q^ieen.

Her letters to the Lord Charles Paget,

alio were read, wherein fhe declares. That
the Spaniard had no other way to reduce
the Netherlands, but by fetting a Prince
on the throne of Engiand, that might be
ferviceable to him -, and intreats Paget to
haften the forces that were to invade Eng-
land : a letter of Cardinal Allen's to the
Queen of Scots, alfo was read, wherein he
ftiles her. His Dread Sovereign ; and ac-
quaints her, that her affairs were com-
mitted to the care ot the Prince of Parma.

Then fhe was charged with a defign of
transferring her right to the fuccefTion of
th.e crown to the Spaniard ^ upon vvhicli
the Qiie«n's counfel harangued for fome
time, obftrving how precarious all their
honours, liberties and properties, mull be,
if fuch a conveyance fliould take place.
To which the Lord Treafurer anfwered,
that the kingdom of England could not
be tansferred to a foreigner ; but muft
defcend according; to the laws of fuc-
celTion.

To this charge the Scqtifli Queen an-
fwered. That fhe knew not Babington, or
ever wrote to, or received letters from him ;
nor had Ibe ever plotted the dellrudion of
the Queen ; that they ought to produce
fomething under her own hand, to make
good the charge.; tliat many letters, indeed
had been fent to her, by people unknown,
offering their affiftince-, but fhe had ex-
cited no man to commit any offence; and,
being fliut up in prifon, could neither
know, or prevent what others attempted ;
that Babington might have confeilcd fuch
things, to lave himfelf ; that fhe had, in-
deed, done her beft endeavours to recover
her liberty, v.'hich nature itfelf allowed,
and folicited her friends for that end : but
that fhe would not purchafe the king-
dom with the death of the meaneft man,
much lefs of the Qiieen ; that it was an
eafy matter to counterfeit the cyphers and
charaders of others; and, fhe feared,
this had been done by Walfinghr.m, to

dcftroy

A COLLECTION of TRIALS.

dcftroy her, who had pradifed both againft
her life, and herfon's, as flie was informed;
whereupon Walfingham protefted he had
no mahce againft her, but had a6ted as the
duty of his poft required.

Then fhe infifted, that her fecretaries,
Naw and Curl, ought to have been pro-
duced in court, and given their evidence
in her prefence, fince the whole ftrefs of the
proof feemed to reft upon their teftimony -,
they might alfo-flie obferved, have written
what (lie never diftated, and letters might
come to them, which flie never faw ; how-
ever, were they produced, flie was con-
fident they would acquit her of all guilt.

As to her allowing a penfion to Morgan,
who fent Parry to kill the Qiieen, ilie
faid, (he always forbad him encouraging
any fuch attempts, though (lie confclfed ;
fhe had given him a penlion, on account
of Ibme fervices he had done her -, and, on
the other hand (he obferved, that the Qiieen
of England made no fcruples of allowing
penfions to her enemies in Scotland.

She lamented, that the moft reafonable
conditions (lie could propofe to Qiieen
Elizabeth, had always been rejefted, even
when (lie o(fered to deliver her own Ion,
and the Duke of Guife's fon, for hcftages
and pledges, that neither the kingdom of
England, or the Qiieen, fhould receite any
damage from her being at liberty, .she
complained that her honour and reputation
had been called in queftion, and infulted
by foreign lawyers, who, by wretciied con-
clufions, drew every circumftance into a
confequence; but, that princes, anointed
and confecrated, v/ere not fubjeft to the
laws of any particular country, as private
perfons were.

To this the Lord Treafurer replied. That
fhe, or the Scots were the occalion, that
all (lie had propoied to the Qiicen failed of
fuccefs ■, for the Scotifn lords abfokitely
rcfufed to deliver up her fon, as an hoftage ;
and, while the laft treaty was negotiating,

Morgan, a dependant of her's, privately
fent over Party to murder the Queen ; and
afferced, that the commi/Tioners had full
authority to call her to an account, for
her pradiles agiinft the Qiieen and king-
dom.

Then the Qiieen of Scots proceeded in
her defence, and faid. That as to Cardinal
Allen, fhe held him to be a reverend
prelate of the Church ; but in what quality
fliewas efteemed by the Pope, or foreign
Princes, ike knew not ; nor could Ike
prevent their ftiling her ^leeH of England,
in their letters -, ike did not deny her
treating with the Spaniard, to convey her
right in the kingdom to him ; but faid, all
her hopes in b'ngland being delperate, flic
was fully rclblved not to rejcd foreign aid •,
and concluded, with requiring fhe might
be heard in full parliament, or, at leaft,
that (lie might Ipeak with the Queen in
perfon, not doubting but (lie would have
Ibme regard to a fovereign princefs, her
near relation.

Then the commifTioners adjourned to the
25th of Odober, to the Star Chamber in
Weiiminiter^ when they pronounced the
foilo'Aing fentcnce.

That alter the firft day of June, in the
27th year of the Qiieen, and before the
date ot their cornmifllon, divers matters
hid been compafleJ, and imigined, by
Anthony Babington, with the privity of
Mary Queen ot' Scots, pretending a title to
the crown of England, and tending to the
hurt, death and deftru6tion of the royal
pcrlon of the Qiieen ; and that the faid
Mary, pretending a title to the crown of
Kngland, had alio herl'elf, within the
time aforefaid, coinpaffed and imagined
divers matters, tending to the hurt, death,
and defttuclion of the royal perfon of the
Queen, contrary to the itatute of the 27th
of Elizabeth.

The parliament meeting the 29th of the
fame month of October, approved tht

lenience

A COLLECTION of TRIALS.

About a fortnight after, her majefty fent

fencence of the commifTioners, and ad-
tircficd her Majefty, that as well in refpett
of the continuation of the true religion, and
fafcty of her loyal perfon, as in regard
to the prefervation and defence of her
fubjeds, file would be pleafed to give her
fpeedy orders, that the faid fentence might
be publifhed by proclamation, and di-
reftions given, for farther proceedings
againft the Scotifh Qiieen, in purfuance of
the aforelaid ftatute ; for that, upon ad-
vifcd and great confultation, they could
not find there was any poflibie means ot
providing for her Majeiiy's fafety, but by
the juft and fpeedy execution of the faid
Queen. And that if the faid fentence was
not fjeediiy executed, they deipaired of
the continuance of the true religion, of her
majelty's life, and the iafcty of her faithful
fubjedls.

i'o this addrefs, the Qiieen anfwered,
That if her life alone depended upon it,
and not the fafety and welfare of her
people, flie would moft willingly pardon
her. Nay, if England might, by Iier

death, attain a n ore flouriQiing eftatc, and
a better Prince, fbe would m.oli gladly lay
down her life, for it was only for her
people's fake, flu- defired to live. They
had, Ihcfaid, by the laft aft of parliament,
brought her to a very great ftrait, that flie
muft give orders for her death, who was a
princefs moft nearly allied to her in blood,
and whole pradifes againft her had fo over-
whelmed her with forrow, that fiie had
been glad to abfent herfelf from this par-
liament, left fne fliould increafe her grief
by liear ng it fpoken of, and not out of
fear or danger, as fome thought ; though
it was not long fincc flie had feen, and
read, an oath, wherein fome had bound
thcmfclves to kill her within a montii.
However, flae hoped they did not expeft
any prelent refolution ; for in matters of
kfs moment, (he ufed to deliberate long.

a melTage to both houles, defiring they
would devife fome means, that the Qiieen
of Scots life might be fpared •, which occa-
fioned a fecond addrefs ; wherein they again
repreiented to her, that her majefty's fafety
could not pofTibly be fecured, fo long as the
Scotirh Quten lived ; and therefore, renewed
their inftanceo for her fpeedy execution.

Still the publication of the fentence was
deferred, on the interceflion of the French
ambalTador ; but, at length, on the in-
ftance of fome courtiers, it vvas proclaimed
in London, and in all the cotinties of Eng-
land ; and the Lord Buckhurft, and Beal,
one of the clerks of the council, were fent
to the Queen of Scots, to acquaint her with
it; and perfuade her to acknowledge her
oft'ences, and expiate them before her
death by repentance; they let her know
at the fame time, that as long, as fhe
lived, the eftablilhed religion in England
muft be precarious ; at which flie triumph-
ed, and gave God thanks, that fhe was
efteemed capable of reftoring the true reli-
gion in this ifland.

1 he Qiieen, Cambden obferves, was ex-
tremely perple.xed how to rj5l in this affair,
news being brought her daily of in: ended
invafions, aflalTinations, or infurredions ;
whereupon flie thought fit to give orders to
Davilbn, one of her fccretarics of ftate, to
draw a warrant for the Qiieen of Scots exe-
cution, and have it pafled under the broad
leal, to lie in readineis, in cafe of any
further attempts againft her life, or the
peace of the kingdom ; but the Qiieen it
is faid, altering her mind the next day,
told Davilbn flie would not have the war-
rant drawn. To which he anfwered, it
was already drawn, and had pafl^ed the
great leal, in purfuance of her commands ;
at which flic feemed furprifed, and checked
him for making fo much hafte, ordering
him not to communicate the warrant to any

one :

A COLLECTION or TRIALS.

one ; but Davifon, a great zealot in re-
ligion, imagining the fate of the kingdom
depended on the execution of the Qiiecn of
Scots, acquainted the reft of the council,
that the warrant for her execution had
paflTed the great feal, without informing
them, that her Majefty had fincc altered
her mind -, whereupon the Lords, to whom
the warrant was diredled, were ordered by
the council to repair to Fotheringay, and
fee it executed ; and the Queen of Scots
was accordingly executed in the hall of the
Cattle of rotheringay, on the 8th of Fe-
bruary I J 36-7, m the 46th year of her age ;
wli..'n fhe expreffed a great contempt of
death, and even looked upon it as her
great happinefs, that ilie was brought to
fuffer for her fteadinefs to religion ; ftill
denying (he had ever praftifed any thing
againft the life of the Queen.

When her majefty heard of the execution
of the Qiieen of Scots, (he appeared to be
in a great confternation ; but having,
after ibme time, recovered herfelf, (he re-
primanded the council feverely, and com-
manded them out of iier fight. Even the
Lord Treafurer Burleigh was bani(hed the
court, as appears by fevcral letters in
Strype's collecl:ion, wherein he begs to be
re-admitted to favour i and Davifon, the
Secretary, was tried in the Star Chamber,
for a mifdemeanor, before the two Arch-
bifhops ; the Earls of Worcefter and Cum-
berland ; the Lord Grey ; the two Chief
Juftices ; the Chief Baron, and feveral
other commiiTioners, who lentenced him
to pay a fine of ten thoufand marks,
and to be imprifoned during the Qiieen's
pleafure.

The TRIAL of ROBERT Earl of ESSEX, and HENRY Earl of
SOUTHAMPTON, for High Trea(on, on the 19th of February 1600.

TH E prifoners were indifted for High
Treafon, in compa(rmg and imagin-
ing the death of the Queen, and fubver-
(ion of the government, and raifing an in-
furrcftion and rebellion, for that end -, par-
ticularly, they were charged with confpiring
to fuprize her rviajefty in her palace ; with
impriibning feveral members of the Privy-
Council ; incitmg the citizens of London
to ledition and rebellion -, alfaulting the
Qiieen's forces in the ftreets ; and holding
out EfTex-Houfe againft her iVlajefty.

The evidence, produced againft the pri-
foners, was, firft, Henry Witherington,

\'or.. I.

who depofed, That the prifoners defended
Eflex-Houfe, and imprifoned the Privy-
Counfellors.

Sir Walter Raleigh depofed. That he
met Sir Ferdinando Gorges, ' upon the
Thames, who told him, that the Earl of
Eflex had a ftrons; guard in his houfe, and
it was like to be a bloody day's work.

Sir Ferdinando Gorges' examination alfo
was read, who depofed. That the Earl of
Effex fent for him up to town ; complained
of his difgrace at court, which he could not
endure ; faid, that great numbers of noble-
men and pcrfons of quality, were difcon-
C tented

A C O L. 1- E C T i O N of TRIALS.

f»;ni;cd, and would join him-, and defired
the deponcnc's affillance -, .that they had
ieveral conhilrations concernuig iurprizing
chc court, feizing the Tower, and making
ail iniurredion in tiie City : that the depo-
nent dJSuaded the iiifurreftion ; and tlie
Earl of Southampton faid, "It was three
months fince the plot began, and fliould
ihey refolve on nothing ?"

The examination of Sir Charles Danvers
allb was read, who depofed. That the pri-
foncrs confuked to lurprize the court,
and feize the tower: tliac the guards alio
were to be lecured, in order to get accefs to
the Qiieen ; and that afterwards, the Harl of
Efiex refolved to call a parliament to redrels
grievances ; and Sir John Davies gave the
like evidence.

Sir Chriftopher Blunt confirmed the evi-
dence of the two laft witnefles ; and added,
that the Earl intended to have altered the
government.

The Earl of Rutland depofed. He heard
the Earl of Effex cry out in the ftreets,
" England is bought and fold to the Spa-
niards ; " and that the Earl of Southamp-
ton was a malecontent, and confederated
with Eflex.

The Lord Sands depofcd,'That the Earl
of Effex, being repulfed at Ludgate or-
dered his followers to charge : and there
were other witneffes produced that con-
firmed the evidence already given.

To this, the Earl of Eflex anfwered,
That what he had done was in order to his
own defence, without any difloyal intentions

to her Majefty : he only defigncd to pre-
Unz him.'cif before her, with eight or nine
peiibns, to entreat her to remove fome evil
counlellors, who had abufed her with fahc
informations; particularly Cobham, Cecil,
and Raleigh; concluding with proteftations
of his innocence, and, that he had never
any defign upon the Crown of England,
as the Attorney General (Coke) had affirm-
ed: and he faid, he v/as no favourer either
of Papifls or Sectaries.

TheEail of Southampton acknowledged
their going tlirough the city was a fooHfli
adion -, and, that, their defign of going
through the City with an armed force to
court was only that their enemies might not
hinder their paffage to the Qiieen ; before
whom they intended to proftrate themfelves,
and fubmit to her mercy : and that he^
never heard the proclamation faid to be.
made by the Lord Burleigh.

Then the Lords, withdrawing for about
half an hour, returned, and brought in both
the prifoners Guilty of High Treafon ; and
fentence was pronounced againft them ac-.
cordingly.

On the 25th of the fame month, the
Earl of Effex was beheaded on a fcaffold:'
within the Tower : he acknowledged, when
he came to die, that his puniffiment was
juil: ; and feemed-mofi: concerned that he
had drawn fo many of his friendis into the
fame guilt.

As to the Earl of Southampton, he was
fuffered to live •, but remained a priibner
for fomc time.

Trial

A COLLECTION of T R I A L.S.

Trial of Sir WALTER RALEIGH, Knight, for High Treason, at Winchefter,

the 17th of November, 1603.

r*Tpi H E indiflment charges the prifoner
j^ with high trcafon, in compailing and
imagining tc depofe and deflroy the King ;
and particularly that he met and confultcd
■with the Lord Cobham, how to advance
the Lady Arabella Stuart to the throne ;
and that, in order to it the L':rd Cobham
was to go over to the Archduke, the King
of Spain, and the Duke of Savoy, to pro-
cure their affiftancc, and carry letters from
the Ladv Arabella, with him, promifing
flie would procure a peace between England
and Spain, tolerate Popery, and be direfted
by them in her marriage-, and that Cobham,
at the inftance of Sir Walter, did write to
Aremberg, the Archduke's AmbafTador,
to obtain 600,000 crowns for carrying on
tTiefe defigns ; which fum the Ambailador
promifed to pay : that Cobham promilcd
Sir Walter 8000 crowns of the money,
which he agreed to accept -, and that Sir
Walter alfo had publiflied a book againil
the King's title.

Sir Fdward Coke, the attorney-general,
having opened the Inditlment, and given
Sir Walter Raleigh a great deal of fcurri-
lous language, proceeded to produce the
evidence. .'\nd firll, die examination of
the Lord Cobham was read, wherein he
contefle^ his goingover to Flanders, to the
Archduke, and getting a pafs, to go to
Span, to lolicit that King for 600,000
crowns ; and that he was to return home
by Jerfey, and confult Sir Walter Raleigh
there, concerning the diftribution of the
men -y among the difaffetled in England ;
And further .'-^pofed, that he had not en-
tered into tnefe courfes, but by the inftiga-
tion of Sir Walter; curfing him, and calling

liim villain and traitor for feducing him.
A letter alfo of the Lord CobhanVs was read
of the fame tenon

The examination of one Lawrcncy alio
was read, who depofed, that Sir Walter
fupped with Cobham that evening Cobham
went to Aremberg, the Archduke's Am-
tJaiTador.

: hen Sir Walter's own examination was
read; wherein he fays, Cobham. offered
him Sooo crowns, if he would promote a
peace between Fngland and Spain, l^o
which the deponent replied. When I fee
the money, I will tell you more : for he
thought it one of LordCobham's idle con-
ceits, and therefore made no account of it.

Cobham's depontion alio, concerning
the book, was read, wherein he depofed,
that he had a book from Raleigh, written
againft the King's title, and Raleigh laid,.
it was foolifliiy written.

The only living witnefs produced againft
the prifoner, was one Dyer, who depofed,
that he heard a gentleman fay, at Lilbon,
the King would never be crowned ; for Don
Raleigh, and Don Cobham would cut his
throat ere that day came.

Then a letter ot the Lord Cobham's was
produced, where he fays, that Raleigh fenc
to him in the tower, to retrad: his evidence ;
and that Raleigh was to-have had 1500!. per
annum of the Spaniard, to- give intelligence
when any thing was defigned againil the
Spanifh territories.

To this Sir Walter Raleigh anfwered,-
that he knew nothing of the Lord Cobham's
praclifes with Aremberg, and protefted, he
had never heard of the name of the Lady
Arabella Stuart : that it was very unlikvly-

A COLLECTION of TRIALS,

he fiiou'd fend Lord Cobham to Spain ;
and more unlikely tliat Spain fliould attempt
another enterprize againft England, which
had met with fo many repulfes, and their
royal navy now deftroyed and funk tono-
tliing J nnd that ths crown of Spain was too
much impoveriiTied at this day, to lend
600,000 crowns on fo precarious a projeft:
that it was very unlikely alio, he fliould
promote a peace with Spain, who had writ-
ten a book exprefsly againft a peace, which
he intended to preient to his Majefty : that
it v/as not enough toaccufe a man generally ;
but t!ie Lord Cobham ought to give feme
account of the reafon of the undertaking :
fomeother proof ought to be produced, be-
lidesthe depofition of one who acknowledged
his guilt : there ought to be two credible wit-
nefies, brought face to face, in cafes of trea-
fon ; and here had not one witnefs appeared :
and as to the bcok he was charged with, he
]:a;; it in the late Lord Treafurer's ftudy, who
had written in k " This is the book of
Kobert Snaggs." That he never read it,
commended it, or communicated it to any
man ; that the book had been burnt long
.ago.

Then he returned to fpeak to the firft
part of the charge, and faid, it was not
likely that he, who had fpent 40,000 crov/ns
agkinftthe Spaniard, fliouId now become
fo affeded to him, as to accept a penfion
from the crown : and in anfwer to the de-
pofition of the Lord Cobham, he produced
a letter frdm the fame Lord, written after
his examination, when he was fick and like
to die ; wherein he fays, " Seeing myfelf
fo near my end, for the difcharge of my
confcience, and freeing myfelf from your
blood, which elfe will cry vengeance againft
me, I proteft upon my faivation; I never
prailifed with Spain upon your procure-
ment. God fo comfort me in this my af-
fliftion, as you are a true fubjeft, for any
thing I know. I will fay as Pilate, " Purus
ium afanguinehujus :" loGod have mercy

upon my foul, as I know no treafon by
you."

To this defence the Attorney-General
replied, chiefly with inveftives and ill lan-
guao-e. telling; Sir Walter, he was the moft
notorious traitor that ever came to the bar;
and that when he had taken offthe King,
he would have altcn::d religion : that he was
a monfter, a Vipei, had an Englifli face,
but a Sp:!ni(li heaiL . and that the witnefles
need not be brought face to face : and the
Lord Chief Juflice added, that the ftatute,
« hich required this, was repealed ; in which
the reft ot the court concurred.

The Attorney General alio faid, that the
crown could never ft and a year upon the
King's head, if a traitor might not be con-
demned upon circurr.ftunces that it did not
confift with the King's fafciy that the pri-
foner Ihould be acquitted; proieftmg before
God, that he never kne>v a clearer treafon,
and that Sir Waller was the moft vile and
execrable traitor that ever lived ; after
which followed this inimitable dialogue,

Raleigh. You fpeak indifcreetly, anci
barbaroufiy.

Att. Gen. I want words to exprefs thy
viperous treafoRs.

Raleigh. I think you want words in-
deed ; for you have fpoken one thing half
a dozen times.

Alt. Gen. Thou art an odious fellow ;
tiiy nan:e is hateful to all England for thy
pride,

Raleigh. It will go near to prove a mea-
furing caft, between you and me, Mr, At-
torney.

Then Mr. Attorney produced Lord
'^cbliam's letter, where. n he fays, Raleigh
fent to him in the Tower to retract what
he had faid. To which Raleigh nnfwcred,
he conFcfrcd he did lend a poor fellow, to
throw a Letter into his window, with
thefe vKords, viz. '■ You know you have
" undone me : nov/ write three lines to
" juftify me."

The

A COLLECTION of TRIALS.

The Lord Chief Juflice then demanded
of the prifoner, what he faid to his being
promifed a peniion of 1500!. per annum.

To which he anfwered, Cobham 'vaa a
bafe, diflioaourable poor foul : and the
Chief Juftice replied, I perceive you arc
not fo clear a man as you have protefted all
this while.

During the trial, the Lord Admiral
Nottingham, being in Court with the Lady
Arabella, flood up, and declared, that the

Lady protefted, upon her falvation, that
flae never dealt in any of thole things, and
fo defired him to inform the court, -, flie ac-
knowledged, indeed, flic received a letter
from the Lord Cobham, to prepare her -,
but flie laughed at it, and immediately fent
the letter to the King. The evidence being
given and fumm.ed up, brought the prifoner
in guilty, and judgment palled on him as a
traytor.

The Arraignment of ROBERT WINTER, JOHN GRANT, THOMAS BATES,
THOMAS WINTER, AMBROSE ROOKWOOD, ROBERT KEYES, GUY
FAWKES, and Sir EVERARD DIGBY, for High Treason, on the 27th of
January 1605.

TT ■ H E indictment charges the prifoners
X with compaffing and imagining the

death of the King, Queen, &c. and the
fubverfion ot the eftabliflied religion and
government •, and particularly, with con-
fulting and agreeing to blow up, and tear
in pieces, the King and Queen, Prince
Henry, the Lords Spiritual and Temporal,
and the Judges, and Commons alTembled
in Parliament : and that, they did not only
confpire, and conclude to deftroy the
King's ilTue mile, but to furprize his
daughters, the two Princcflcs, Elizabeth
and Mary, and to proclaim the faid Eliza-
beth Queen : and that they took their
oaths, and received the Sacrament, to con-
ceal the faid treafons, and never defift, till
they had accomplifhed the fame : that they,
afterwards, dug a mine in the foundation
walls of the Parliament-Houfe, being three
yards thick -, and, being difcouraged by the
difficulty of that work, they hired a cellar
Vol. I.

under the Parliament Houfe, in which they
placed twenty barrels of gun-powder ;
and, fearing the faid powder was become
damp, brought in ten barrels and four
hoglheads more of gun-powder ; covering
the whole with iron bars, ftones, billets,
and faggots : and that, the faid Guy Fawkes
had procured touchwood and match, and
was prepared to fet fire to the fame, at the
time prefixed : that the faid traitors had alio
provided horfes, armour, amunition, and
other implements of war
divers falfe reports, as if
to have been maflacred ;
Papifts were incited to appear in arms, and
were in open and aftual rebellion, againft
the King, in feveral parts of England.

To which indiclment, the prifoners k-
verally pleaded. Not Guilty ; but their
examinarions, wherein they had confcfied
thefe treafons, being flnewn them, they ac-
knowledged ihe fame to be true in court ;
D and

and publifhed
the Papifts were
whereby divers

A COLLECTION or TRIALS.

and, thereupon, without any further trial,
their confelTions were recorded.

Sir Everard Digby alio was arraigned
for the fame treafons, and pleaded Guilty :
whereupon judgment of High Treafon was
pronounced on Sir Everard Digby, Robert

Winter, John Grant, Thomas Bates, Tho-
mas Winter, Ambrofe Rookwood, Robert
Keys, and Guy Fawkes •, and the four firlt
were executed at the weft-end of St. Paul's ;
and the reft in the Old Palace- Yard, Weft-
rninfter.

Trial of the Right Honourable FRANCIS, Lord Vekulam, Vifcount St, Al-
bans, and Lord Chancellor of England, forBRiEERy and Corruption,
the 19th of March, 1620.

ON Thurfday, the 15th of March,
1620, Sir Robert Phillips, from the
Committee of the Commons, appointed to
enquire into abufes in the courts of juftice,
reported to the houfe, that they had re-
ceived two petitions, charging the Lord
Chancellor with corruption in his office.

That the firft petition was from Awbrcy,
which fliewed, that he having a caufe de-
pending before the Lord Chancellor, and
being tired with delays, was advifed by
fome near my Lord, to quicken him, by
making his Lordfhip a prefcnt of 100 1.
that he, thereupon, with fome difficulty
procured the faid fum of an ufurer, and
went with Sir George Haftings and Mr.
Jenkins, to the Lord Chancellor's houfe in
Gray's Inn, and thofe two gentlemen car-
ried in the money to his Lordftiip, and
when they came out,
thankful, and affi.ired
his bufincfs.

ThatSif George Haftings, a member of
the houfe, had acknowlcdgled the giving
Awbrey that advice, and carrying m- the
money to. my Lord ; but faid he prefented
it as from himfelf, and not from Awbrey ;
nor had it the eflfed that the petitioner

faid my Lord was
him of fuccefs

fent it to his Lord-
Haftings and Sir
gratuity for what

expefted. This charge was confirmed by
feveral letters.

The fecond petition was from Edward
Fgcrton, whoftiewed that he was perfuaded
by Sir George Haftings and Sir Richard
Young, to prefent his Lordftiip with a funi
of money ; but that he had before given,
my Lord a piece of plate, of the value of
52I. as a teftimony of his love ; and now
he procured 400L and
ftiip by Sir George
Richard Young, as a
my Lord had done for him, when he was
Attorney-General •, that thefe gentlemen
told the petitioner, my Lord fcrupled the
taking it at firft, and faid it was too much,
but was at length perfuaded to take it, as for
favours pafl"cd, and returned him thanks,
faying, he did not only enrich him, but
laid a tie on him, to affift him in his lawful
bufinefs ; that Sir George Haftings and Sir
Richard Young, members ot the houfe,
acknowledged the delivery of the purfe;
but faid, they knew not what was ia it.

The report alfo took notice, that Doftor
Field, now Biftiop of Landaff", had Uiider-
taken to procure Mr. Egertsn fuccefs iii his
caufe, on condition of his entering into a

recog-

A COLLECTION of TRIALS.

II:

recognizance of 10,000 marvs -, with con
tlicion, that if my Lord Chancellor decreLci
it for him, 6,000 marks fliould be diftn-
biited among thofe hoiiourable perfons chat
folicited his caufe for him.

This matter being ordered to be further
confidcred by the committee. Sir Robert
Phillips reported on the 17th of March,
that it appeared plainly in Awbrey's cafe,
there was a fuit depending at the time the
money was prefented, and that Sir George
Hallings had at length acknowledged,
when he gave the Lord Chancellor the
lool. he faid, that it was to help Awbrey
in his caufe. However, not long after, a
very prejudicial and murdering order was
made againft Awbrey ; whereupon Sir
George moved, it might be reflificd ; and
my Lord promifed to do it ; but did not ;
and that there were letters produced from
Awbrey to the Lord Chancellor about this
bufinefs.

And in Egerton's cafe, when the 400I.
was prefented to the Lord Chancellor, there
was a fuit depending in the Star Chamber,
and Sir Rowland Egerton, about the fame
time, preferred a petition to the King, for
a reference of the matter to the Lord Chan-
cellor ; whereupon his Lordfnip caufed Mr.
Edward Egerton to enter into a bond of
6,000 marks, to ftand to his award ; and
an award being afterwards made, and re-
fufed by Edward, a fuit was, by the Lord
Chancellor's diredtion, commenced againft
him and the bond of 6,000 marr.s afligned
over to Sir Rowland Egerton •, and then it
was, that Dudor Field advifcd Mr. Edivard
Egerton to apply himfelf to '.Ir. Damport
and Sir John Outler, to folicir his caufe tor
him, and crew Mr. F.d>Aard iito a bond of
10,000 marks,, for the paynT..nt of 6,000,
as related already, and it b:;i.;g demanded
of Damport, how much jie and Doctor
Field were to have of the money, he an-
fwered, he did not remember the certain

fum ; but it was more than any caufe could,
delerve, in any court of juftice.

That in Awbrey's cafe, it appeared, that
"iir George Haftings, being at Hackney,
where he dwelt, was fent for by the Lord
Chancellor, and when Sir George came,
the lord Chancellor ordered every body
elie out of the room; and faid, " Sir
George, I am lure you love me; and, L
know that you are not willing that any-
thing done by you fhould refieft dilhonour
upon me. I hear that one Awbrey intends
to petition againft me : he is a man, that
you have fome intcreft in ; you may take
him ofFif you pleafe ;" and thatSir George
afterwards defired Awbrey, to let him lee
his petition ; and he fhewed it to my Lord,
and his Lordfliip promifed to do him
juftice; but he could have no remedy, and
fo the petition went on.

That fome time after. Sir George, dif-
courfing with the Lord Chancellor, told
him, " He muft lay it (the bufiaels of
Awbrey) upon his Lordfhip;" to wliich
my Lord replied, " l£ you do, George, I
muft deny it upon my honour."

Upon this report, it was moved that Sir ■
George Haftings and Sir Rich.ard Young,
might be fequeftered I'rom parliament ; but
they were permitted to keep their feats ;
and it was ordered, that the complaint of
Awbrey and Egerton againft the Lord
Chancellor and the Bilhop for corruption,
fhould be drawn up by Sir Robert Phillips,
Sir Edward Coke, Mr. Noy, and Sir Dud-
ley Diggs ; and that the fame fhould be,
related to the Lords, without prejudice or
opinion, at a conference. .

The fame day the Commons received a
melfage from his Majefty, in which he,
faid, he was forry to hear of.the complaints
againft the Lord Chancellor : it had always
been his care, to advance the beft men to
places, though no man could pievect fucli
accidents : but his comfort v/a?,. the houie,-
was careful to prcferve his hcnou'.-.; , anti, .

propoles.!. ,

A COLLECTION of TRIALS.

propofed a committee of fix of the upper
houle, and twelve of tl^e lower houfe, to
examine the matter.

In anfwer to which, the Commons de-
fired the like meffsge might be fent to the
Lords, that they might have a conference
•with them about it.

On the 20th of March, Sir Robert Phil-
lips reported from the conference, that the
Lords demanded, if they would not reduce
their complaint into writing : and it was
rcfolved, ihat they would not ; it only con-
fining of two or three points, clear and
plain.

A mefi^age came from the Lords the fame
day, fignifying, that they had taken into
confideratiun the lad conference, and fiiould
■ need the teftimony of two members of that
houle, defiring they might attend volun-
tarily, without order, as private perions,
and give their teftimony upon oath ; and
it was anfwered, that they would attend as
private gentlemen, and be examined.

Sir Robert Phillips reported further, that
the committee of the Commons had exa-
mined Churchill, one of the Rcgifters in
Chancery •, and it appeared, that the Lady
Wharton having a caufe depending there,
an order was made for the difmiffion of her
bill, by the confent ot the council on both
fides ; which the Lady difliking, took
Churchill into her coach, and carried him
to the Lord Chancellor's ; and fo managed
the matter, that the Regifter was com-
manded not to enter the laft order ; antl
my Lady being left at liberty, thereby, to
profecute her fuit, brought it to a hearing,
and obtained a -decree.

That Keeling being examined, de-
clared, that about the timeofpafiing the
faid decree, my Lady took an hundred
pounds, and carried it to York-Houlc ro
the Lord Chancellor, in a purfc •, and my
Lord afking her ; What ihe had in her
hand? fl^e anfwered, a purfe of her own
xnakiiig, and prefented it to him i who

took it, and fiid, What Lord could refufe
a purfe of fo fair a lady's working ? That,
afterwards, my Lord decreed for her ; but
the decree was not perfeded till 200I. more
was given, in the prefence of one Gardiner.

Gard'-ner, Reeling's man, confirmed the
paymiCni of the 300I. for the decree, viz.
lool. firll and 200I. afterwards •, and this
purchafed decree being lately damned by
the Lord Chancellor, occafioned the Lady's
complaint.

Keeling added, that Sir John Trevor
prefented the Lord Chancellor with lool.
by the hands of Sir Richard Voung, for a
final end oi this caufe ; and Sir Richard
Young declared, that when he attended
the Lord Chancellor, Sir John Trevor's
man brought a cabinet, and a letter to my
Lord, and entreated him to deliver it, which
he did optnly.

On the 2ift of March, 1620, Sir Ro-
bert Phillips reported, that they were in-
formed of feveral other corruptions, by
Keeling and Churchill ; particularly, that
his Lordfiiip had taken great fums in the
caufes of Hull and Holman, Wroth and
Manwaring, Peacock and Reynell, Barker
and Bill, Smithwick and Welch ; that, in
this, and other caulcs, my Lord would de-
cree part, and when he wanted more mo-
ney, he would fend for more, and then de-
cree another part -, snd in moil cafes my
Lord's fervants had undertaken one lide or
another, inlomuch, that it was ufual for
counfcl, when their clients came to tliem,
to afk what friend they had at York
Hoj-ifc ?

It being ordered that a meflagc be fent
to the Lords, by Sir Robert Phillips, to
relate the cafe of the Lady Wharton, and
the informations of Churchill ; Sir Robert
reported from tl ,' Lords, "i hat they ac-
knowledged the gicrt care of the Commons,
returned them thanks for their corrcfpon-
dcncc, and aflfured the like on their part
for ever.

The

A COLLECTION of TRIALS.

The cafe of the Lord Chancellor coming
under debate in the Houfe of Peers, the
19th of March, the Lord Admiral* pre-
fented ;i letter to that hoi.-.fe, the fame day,
from his Lordfhip, defiring them to cxcufe
his abfrace, becaiife he was fo very ill, that
he tb.ought he had but a very little time to
lire ; however, undcrftanding there were
fome complnincs ci bafc bribery, coming
before their Lo.dflnpsagainft him, he would
be glad to preferve his honour and fame,
and therefore requefted, i. That they
would prelerve a good opinion of him till
his caufe was heard. 2. That they would
give him time to advife, with counfel, and
put m hi& anfwer. 3. That he might be
allowed to except againft the witnefles, to
crofs examine them, and produce his own
witnelTcs ; and, Laltly, that their Lord-
fliips would not be prejudiced againft him
from the number of complaints that Ihould
be exhibited, confidering he did not make
Icfs than two thoufand. orders and decrees
within the fpace of a year, and the courfes
that were taken to hunt out complaints
againft him ; but that he might anfwer
them feparately, according to the .rules of
juftice.

To this letter their Lordfliips anfwered.
That they intended to proceed in his caufe
according to the right rules of iuftice -, and
fliould be glad if his Lordfliip fliould clear
his honour therein ; to which end they de-
fired his Lordlhip to prepare for his juft
defence.

Then the Lords proceeded to examine
the feveral complaints of thefuitors, and re-
duced them CO the tollowing particulars.

/. s. d.
That in the caufe between Sirl

Rowland 1 gerton and Ed- 1

ward, nib Lordftiip •■;ceiv- !

ed on the pare ot Sir I\ow- ^

land, before he declared for

him.

Vol. L

Duke of Buckingham.

400

■i

106

Of Edward Egerton, in the ^
l<ime caufe - J

In the caufe between tlody
and Hody, a dozen of Bur-
tons (after the caufe ended)
of the value of

Of the Lady Wharton

Of Sir Thoznas Monk

Of Sir John Trevor

Of one Young

In Fifher and Wrainham, Of
Fiflier

In the caufe of Kennedy and
Valore. Of Kennedy, a
cabinet worth

Of Valore, borrowed at twice 2000

In the caufe between Scot and 1
Lenthall. OfScot - J

Of Lenthall

In Wroth and Manwaring.
Of Wroth

Of Sir Ralph Hanfby

Of the Lord Montague, and
more promifed at the end
of the caufe

Of one Dunch

In Reynell and Peacocl<. Of.
Reynell, 2Col in money, '
and a diamond, worth 5 or C

200

100

IOC o

?00

800

ICO

700

6col.
Of Peacock
Of Barker

There being a reference from"!
hisMajtrfty tohisLordfl:iip j
of a bufincfs between the \- 200
Grocers and Apothecaries |
Of the Grocers. J

Of the Apothecaries (befides
a rich prefent ofambcr-
greafe)

Of the French merchants, top
oblige the London Vint-^
nets to take 1 50 tons
Wine

o
o

150

IS oir

000 o

^3-

310

lOO

100

500

6co

700

200

o
o

And,

.14

A C O L, L E C T ro N of TRIALS.

And lafrly, that he had given way to great
exaclions by his fervants, in refpeifl of
private fcals, and foaling injunftions.

On the twenty-fourth of April, the Prince
fignifk'd to their lordihips, that the Lord
Chancellor had fent a fiibmiffion, which
was read in the houfe ; wherein he tells
their Lordihips, that having underflood
the pnrcici'.lars of the charge, not formally
from the houfe, but enough to inform his
confcicnce and memory •, he found matter
fufficient and full, both to move him to
defert his defence, and to move their Lord-
ihips to condemn and cenfurc him.

Neither would he trouble their Lordihips
■with fingling out thofe particulars which
might be moil ealy anfwered, or prompt
their Lordihips to obferve upon the proofs,
where they came not home ; or with
fcruples touching the credit of the wit-
nelfes ; nor would he obi'erve how far a
defence, in divers things mi2;ht extenuate
theottence, in refpeifl of the time or man-
ner of the gift, but leave thofe things to
their own obfervacionson the evidence; and
fubmitted himfelf to their pity and grace.

He made it his humble fuit to their
I,ordlhips, that his p-^nitent iubmifiion
might be his fentence, and the lofs of the
fcal his punifnment; that their Lordihips
would fpare any further lentence, and re-
commend him to his Majefty's grace and
pardon lor all that was pair.

The Lords having conlidcred this fub-
mifTion, and heard the particulars of the
corruptions charged on the Lord Chan-
cellor, with the proofs, they lent a copy
of them, without the proofs to the Lord
Chancellor, and the following mefiage, viz.

That his Lordfhin's confclTion, in the
faid fubmidion, was not full for three caufes.

1. His Lordfliip conlciTed not any par-
ticular bribe, or corruption.

2. Nor Ihewedhow he heard the charge
thereof.

2. The confeiTion was afterwards exte-

nuated, and therefore the Lords had lent
him a particular of the charge, and expect-
ed his anfwer to the fame with all conve-
nient expedition.

To this the Lord Chancellor anfwered, he
wouldreiurn theLords an anf.ver with fpeed.

On the twenty-fifth of April, the Lords
fent the Lord Chancellor another mellage,
by Mr. Baron Den ham and iVIr. Attorney-
General, (viz.) That they had received a
doubtful anfwer to their meiTage, fent him
the day before ; and therefore defired to
know, diredly and prefently, whether he
would make his confeilion, or fland upon
his defence.

To which the Lord Chancellor anfwered,
by the fame meflengers. That he would
make no manner of defence, but acknow-
ledge corruption, and make a particular
confefTion to every point, and after that an
humble fubmiiTion •, but begged leave,
where the charge was more full than the
truth of the fad was, he might declare the
truth in fuch particulars. And the Lords
allowed him time till Monday the thirtieth
of April, to fend his corfeiTion and lub-
miiTion, the Lord Chancellor then feiit it
accordingly.

It was direiSed, " To the Right Ho-
nourable the Lords Spiritual and Temporal
in the High Court of Parliament alfem-
bled ;" and fl:iled,"The humble ConfeiTion
and SubmiiTionofme, the Lord Chancellor."

I . To the firft article he confefTed, that
upon a reference from his Majeftv, of all
fuits between Sir Rowland Egerton and Ed-
ward Egerton, both parties fubmitted to
his award, by reciprocal regonizances in
ten thoufand marks a piece ; that, after
divers hearings, he made his award, with
the advice of Lord Hobart •, and fome days
after, the 300I. mentioned in the charge,
were delivered to him from Sir Rowland j
that Mr. Edward Fgerton ikying off from
the award, a fuit was began in Chancery
by Sir Rowland Egerton, to have the award

confirmed ;

A COLLECTION of TRIALS.

confirmed ; and a decree was made there
upon.

2. To the fecond article, he confeffed,
that foon after his coming to the feal, when
many prefented him, he received the 400I.
mentioned in this article, of Mr. Edward
Egertonj but, as he remembered, it was
for favours pad.

3. That in the caufe between Hody and
Hody, about a fortnight after the caufe was
ended, there were gold buttons about the
value of 50I. prelented him.

4. That in the caufe between the Lady
Wharton, and the coheirs of Sir Francis
Willoughby, he received of the Lady
Wharton 200I. in Gold, and at another
time an hundred pieces, while the caufe
was depending.

5. That he received of Sir Thomas Monk
one hundred pieces, but it was long after
his fuit was ended.

6. That he received of Sir John Trevor,
as a new-year's gift, lool. but he confefTed
it was while his caufe was depending.

7. In the caufe between Holman and
Young, he received of Young an lool. but
it was long after the caufe was ended.

8. That while the caufe was depending be-
tween Fifher and Wrenham (or Wraynham)
he did receive of Sir Edward Fifher a fuit of
hangings, of the value of about i6ol. to-
wards furnifliing his houfe ; and was at the
fame time prelented by others, who were no
fuitors, with furniture for his houfe :

9. As to the charge of his receiving a
cabinet of the value of 800I. of Sir John
Kennedy : a cabinet was indeed fent to his
houfe by Sir John, but not of half that
value -, but he refufed to accept it, and was
determined to fend it back, again ; that one
Pinkney, who ftood engaged for the money
to pay for the cabinet, deiired he might
have it -, and thereupon Sir John entreated
his Lordlliip, that he would not difgrace
him, by returning the gift, much lefs put
it into a wrong hand; and that he was

ready to return it to whom their Lordlhips
fhould appoint.

10. He confefTed he had borrowed 2000I.
of Valore ; but looked upon it as a debt,
and was obliged to repay it.

I r. He acknowledged his receiving 200I.
of Mr. Scott, about a fortnight afcer the
decree pafTed for him.

1 2.That he received lool.ofSir JohnLeii-
thall, about a month after the decree palTed.

13. That the caufe between Wroth and
Manwaring was ended by his arbitrement,
by confent of parties, and he received of
Mr. Wroth tool, about a month afcer the
caufe was ended.

14. That he received of Sir Ralph Han-
fby, while his caufe was depending, 500I.

15. That he did borrow the 500I. men-
tioned in this Article of Compton, but
looked upon it as a debt while he was ob-
liged to repay.

16. In the caufe between Sir William
Brounker and Awbrey, he did acknowledge
his receiving 100!. of Awbrey.

17. He confeffed he received money of
the Lord Montague, while his fuit was de-
pending to the amount of 6 or 700I.

18. He confefTed his receiving 200I. of
Mr. Dunch, but thought! It was fome time
after the decree.

19. He confefTed his receiving 200I. of
Sir John Reynell, his near relation, at his
firfl coming to the feal, to be beftowed in
furniture ; but thinks this was before any
fuit began ; and as to the diamond ring he
received of him, while his caufe was depend-
ing, charged to be worth 5 or 600I. it was
not of near that value, though he confefTed
it was too much for a new-year's gift.

20. He confefTed his receiving of lool.
of Mr. Peacock, at his coming to the feal, '
as a prefent ; and that he afterwards bor-
rowed loool. of him, at twice; for which,
he faid, he would take no fccurity or in-
tereft, and gave him his own time for re-
paying it.

21. He

A COLLECTION of TRIALS.

2 1. He confefltrd his fervant Hunt did
receive 200I. of Smithwick •, but that he
ordered it to be repaid.

22 That he did receive of Sir Henry
Rufwell, 3 or 400I. about a month after
the caufe was decreed -, in which decree he
was aflifted by two of the Judges.

23. He confelTfd he received of Mr.
Barker the 7c ol. mentioned in this ardcle,
Ibme time after the dscree palTed.

As to the 2 4.th, 25th, and 26th articles,
he confcffed he received the kveral iunvi
therein mentioned, (viz.) Of tiie Grocers
2Col. of the Apotiiecaries, that flood with
the Grocers, a taftcr ot gold, worth 4 or
500I. and a prefent of Ambergreafe, and of
;i new company of Apothecaries, that ftood
apainft the Grocers, lool. But this was no
judicial bufinefs, he obierved, only a com-
pofition between the parties ; and he
thought, as they all received benefit by it,
and were all three common purfes, there
was no great matter in receiving what they
voluntarily prefented.

As to the 27th article in which he is
charged with taking of the French mer-
chants loool. to conflrain the company of
Vintners to take 7500 tons of their wine,
with threatning and impiilbning the \'int-
ners, becau'e they would not take their
■wines at higher prices than they were ven-
dible •, he Gonfefled, Sir Thomas Smith did
deal with him in behalf of the French Com-
pany, informing him, that the Vintners,
by combination, refufed to take their wines
at any reafonable prices ; and that this
would deftroy their trade, which the ftate
was concerned in •, and that the company
would gratify him with loool. for the
trouble he fliould take in it. He did, he
confefTed, thereupon endeavour to com-
promife matters between them, and prevent
a fuit, propounding fuch a price as the
Vintners might gain 61. a ton j and the
King afterwards recommending the bufinefs
to him, as a matter that concerned his

cuftoms, he dealt the more peremptorily'
in it, and did, tor a day or two, rellrain
fome of thole that were mod fliff^ in a mef—
fenger's hands ; and afterwards the mer-
chants prefented him with lOOol.

To the 28th article, that he had givert
way to the exaftions of his fervants, in re-
fpeil of private feals and injunctions ; hs
confefTed it to be a great fault, that he had
looked no better to his fervants.

And now he again confeffed. That. in the
points ciiarged upon him, though the/
ihould be taken as he had reprefented them,
there was a great deal of corruption and
negledt, for which he was heartily forry,
and fubmitted himfelf to the mercy of the
court.

He defired that their Lordfliips woulJ
look with compaflion on his perfon and
eftate, and confider he was never efleemed'
an avaricious man ; that there were few or.
none of thefe particulars that were of lefs
than two years Handing-,- from whence he
infinuated, that he had refoimed thefe-
pradlices, inftead of increafing his cor-
ruptions ; and his eftate was fo inconfi-
derable, that his chief care was how he
fhould be able to pay his debts.

Concluding with his humble fuit, that;
their fentence might be mixed with rnercy;
and that they would be interceflors for him
to his Majefty for his grace and favour.
Signed, Your Lordfhips

Humble fervant and lupplicant.
Franc. St. Albans, Canc.

A committee of Lords was hereupon
fcnt to the Lord Chancellor, to acquaint
him that they conceived this to be an in-
genuous and full confelTionj and to demand
whether that was his hand to it, imd if he
would abide by it. To vvliom the Lord
Chancellor anfwered, " My Lords, it is
my adf, my hand, my heart I befeerh
your Lordflnps to be merciful to a broken
reed."

Which

A COLLECTION of TRIALS.

Which anfwer being reported to the
hoiife, they moved his Majefty to fequeftcr
the leal ; and the King thereupon gave it
to the Lord Chief Juftice, Sir Robert
Hutton, on the firfi: of- IVTay.

The next day the Lords commanded the
Gentleman-Uflier and Serjeant at Arms, of
that houfe, to kimmon the late Lord Chan-
cellor to appear in perfon before their Lord-
fhips by nine the next morning ; and that
the Serjeant fliould fhew his mace to his
Lordlhip at the time of the fummons -,
which was done accordingly ; but they
found him fick in bed i and he protefted
his illnefs was not feigned, and that if he
had been well, he would willingly have
come.

On Thurfday, the third of May, the
Lords fent a meflage to the Commons, im-
porting, that they were ready to give judg-
ment againft the Lord Vifcount St. Albans -,
whereupon the Commons came up, and
their Speaker faid, " The Knights, Ci-
tizens, and BurgefTes of the Commons
houfe having made complaint to your Lord-
fliips, of many exorbitant offences of bribery
and corruption committed by the late Lord
Chancellor, in their name I do humbly pray
and demand judgment againft him, as the
nature of his offence and demerits do re-
quire."

The Lord Chief Juflice (to whom the
cuftody of the feal was now committed)
anfwered, That that high court had found
the Lord Vifcount St. Albans guilty of the
crimes and corruptions complained of by

t!ie Commons, and of fundry other crimes
and corruptions of the like nature, and
that, he having excufed his attendance on
account of ficknefs, they did nevertheleis
proceed to judgment ; and that high court
did adjudge, " That the Lord Vifcount St.
Albans, late Lord Chancellor of England,
rtiould pay a fine of forty thoufand pounds;
be imprifoned in the Tower during the
King's pleafure, and be for ever incapable
of any office, place, or employment, in the
eftate of commonwealth ; and that he
fhould never fit in parliament, or come
within the verge of the court."

The King Ibmetime after releafed his
Lordfhip out of the Tower, and fettled a
fmall penfion on him ; and he refided, for
the moft part, at his chambers in Gray's
Inn. He died the 6th of April, 1627, in
the fixty-fixth year of his age, at the Lord
Arundel's houfe, atHighgate, near London-,
where he had been about a week upon a
vifit. His diftemper was a flow fever, at-
tended by a violent cold, and a defiuftion
of rheum upon his breaft, which was fo
great that it fufFocated him.

He was buried at St. Michnel's church
in St. Alban's, inpurfuanceof his will, and
had a monument of white marble erected
there, by Sir Thomas Meauty's, once his
Lordlhip's Secretary ; the infcription being
compofed by the celebrated Sir Harry
Wotton. He Irft neither wife nor child,
and confequently his titles of Lord Ve-
rulam, and Vifcount of St. Alban's expired
with him.

Vol. I.

TRIAL

&. .C .0 L L r, C T I O- N : o F TRIALS.

Trial of MERVIM,. Lord A-uULBYv'E.iRL of Castlehaven, for a Rape' and

S Y, before the Lord Keepasr Govr.MRYv.Lord High Steward, and the reii oi

the Peers commiflloncd to try him, Apnri5, 1631. !• -

THREE indiflments had been, found:
againft this Lord by the Grand" jury
at the preceeding Lent affizes for Wjltdiire.
The firft for a Rape on his own Wifi?^
whom he held by force, u'hile^ olie of his
fervants laid with her; and the; otheritwo.

indiiflments were for S'^ y. '•' "JfiJ fiirhv,

Before the trial the Judge's came to the
following refoliitions on- certain' qubries'
fent them by the Lord High Stfevvaw:!;

1. That a peer could not be tried by a
common jury ; but mud be tried- by his-
peers. .'.ii-{ixri ^i'

2. Tliat a peer could not chalknge any
of his peers. • •

3. That a peer could not have counfel,
but on points of law.

4. That his own examinations talcen
without oath, might be read againft him ;
but the examinations of others muft be
upon oath.

5. That the wife, in cafe of a rape, being
the party wronged, may be evidence againft
her hufband.

6. That where one ftood mute in a rape
he might have his clerev ; but not in a
b-y.

7. That to denominate the offence a
rape, there muft be an entry.

's. That the Lords Triers might eat and
drink before they agreed -, but could not
feperate, or adjourn, till they gave their
verdidt.

9. That a peer could not be convifted
by lefs than twelve peers.

10. That ifaprifoner ftood mute in an
appeal, he muft be hanged ; for that it
was an attainder^

pi'.. That a peer ftanding mute Mi^^riin-'
di6tment,. might be prelTed to deaihv • '

12. That the Lord High Stew^afd^ after
a^veniicl:, might take time to advife \.^pQw'■i
point of law ; and his office continued' t^ll
judgment given. ' ■•

Ic was, refolved-alfo^ Tkatif rai. wOflf^i^
was aj.whoire, fhe might however be li-ivifti-i
ed-, butikvi^as a; good plea for the man,'
that ftie was his concubine. And that, if
a man took a maid by force, and raviflied
her, and fhe afterwards gave her confenr,
and married him, this would not purge the
offence, but it was ftill a rape.

The faid feveral indiftments being' cial^^
tified, and brought into court, and' tlie" pri-
foner commanded to the bar, the evidence
was produced ; And firft, the examination
of the Lady Audley, as to the rape,: who
depofed, that her Lord (the prifoner)
called his fervant Broadway into his bed
while fhe was afleeps^v that fhe waked, and
made all the rbfiftance (lie could 5 bur his
Lordlliip held both her hands, and one of
her legs, till Broadway lay with her ; that
as foon as fhe got from him, ftie would
have killed herfelf with a knife, and, that
Broadway forced it from her. Broadway's
examination alfo was read, who confefled,
that his Lordfhip called him into his bed,
and bid Iiim lie with his Lady •, and, that
he did lie with her, whilft his Loid held one
of her legs, and both her hands.

As to the f y, Broadway depofed.

That the iarl ufed his body as the body
of a woman.

Fitz-Patrick, another fervant, depofed.

That his Lord had twice committed f y

with

A COLLECTION of TRIALS.

with him (the deponent) ; that Henry Skip-
with, another i'eivant, had laid with the
Lady Audiey, by his Lord's command, and
in his prefence ; but the Lady in her exa-
mination, fays, fhe cried out, and that
Skipwith did not lie with her.

The Lady Audiey- falib depofed, That
the firft or fecond night after flie was mar-
ried, her Lord called Ampthill (who had
been his- page, and to whom he had mar-
ried his daughter) to his bedfide, and faid,
now her body was his, and if fhe loved
hira, fhe muft love Ampthill ; that he
n^iade Skipwith come naked into his cham-
ber, and delighted to call in his men fer-
wints to fee them,

Skipwidv alfo depofed, That his Lord
made him lie with the young Lady Audiey,
Jiis fan's wife, who was then but twelve
years of age ; that he could not enter her
at fidV a«d the Lord Audiey ufed many
indec£nt praftices tO' overcome her, by
wliich means he at laft accomplifliedi his
dcfign.

The young Lady alfo depofed, That the
Lord Audiey faw Skipwith lie with her
feveral times -, and, that nine fervants of
the family alfo had feen it -, that flie had no
other mamtenance than what fhe had from
Skipwith ). and that, among other argu-
ments, the prifoner ufed to make her lie
with Skipwith, he told her herhufband did
not love her, and threatened to turn her out
of doors, if flie would not ; adding that he
would tell her hufband fhe did, if fhe did
not ; and confirmed the circumftance of
their indecent praftices,

Fitz-Patrick alfo depofed. That his Lord-
fhip kept a whore in the houfe, and, that
he made four or five of his fervants lie with
her ill his prefence; and his Lordfliip hiy
with her in their fight.

1"he Judges opinion being demanded oii
fome parts of the evidence, refolved, Tl..-t
it was f ' y within the ftatute, and it
ought to be adjudged a rape i for that in a

rape a woman is not limited to any time to
make her complaint, if the procefs be by
indiftment ; but in an appeal flie is.

The Lord Audiey, in his defence, faid.
That his Wife's teftimony ougiit not to be
regarded, fince flie had confeflcd iier lying
with Broadway". To which it was anfwered,'
he could not urge that fact in his defence,
fince he had forced her to fufter it. Then
he faid, that his wife and his fervants were
not competent witnefl^es, and that they were
put upon praftifing againll him by his fon,
who fought his life •, adding, that his wife,
had been falfe to his bed, and had a child
in his abfence ; and then made protefl:a-
tions of his innocence But woe to that
man (he faid) whofe wife and fervants
fiiould be adm.itted witnefles againfthim,"
and whofe fon confpired liis death 1 his fori
was now come of age, and wanted his
lands, and his wife a young hulband, now
he was grown old, and had therefore plotted
his dellruftion.

The Lords Triers having been with-
drawn fome time, returned, and were una-
nimous in their opinion, that the prifoner
was Guilly of the Rape, but as to the
S y, eleven of his peers were of opi-
nion, that iie was N^oi Guitly, and fixteen.
declared him Guilly.

Judgment w.is afterwards pafTed upon
the prifoner that he fliould be hanged ;
how'cver, he obtained the favour of being
beheaded ; when he profc-iTed himfejf per-
fectly innocent of the crimes he was charg-
ed with..

Trial of L. Fit z-P a t r i c k and T.

Broadway, two fervants of the before-
mentioned Lord Audiey.

On IVIonday the 27th of June, ,1631,.
the Marflial of the King's-Bench brouQ,ii!:
Fitz-Patricii and Broadway to the bar,

where

A COLLECTION of TRIAL S.

where was a jury of fufficient and able men
impaneled to rry them.

The Countels of Caillehaven herfelf was
in court to give evidence againft Broadway -,
and file came in upon the Inllant •, when
the Lord Chief Jullice demanded of her
whether the evidence (lie had formerly
given at her Lord's arraignment was true,
and the full matter of charge flie had then
to deliver againft the prifoner ? whereunto
fhe anfwered, it was. My Lord faid,
*' Madam, yeu have fworn that Broadway,
prifoner at the bir, hath laid with you, by
force, which may be, and yet no a6t com-
mitted."

She faid, that in her former oath taken,
when fhe teftified he lay with her by force,
her meaning was, that he had known her
carnally.

Then fhe was told to look on the prifoner,
unto which motion and commandment fhe
made a tliort reply, that although fhe could
not look on him but with a kind of indig-
nation, and with fhame, in regard of that
which had been offered unto her, and fhe
fufFered by him, yet flie had ib much cha-
rity in her, and fuch refpeft for God and
his truth, that fhe had delivered nothing
from malice, and therefore hoped that her
oath and evidence thereon fliould be cre-
dited ; nnd' lb defired to be believed and
xlifmiflc'd ; which being granted, (lie de-
parted with as much privacy as might be
into her coach.

Fitz-Patrick being afl<.ed concerning his
guiltinefs or innocence, demanded to I^now
who were his accufers .'' The Lord Chief
Julticc anfwered, you have zccu^tdyourfelf
kilficiently. Fitz-Patrick replied, that he
thought- neither the laws of the kingdom
required, nor was he bound to be the dc-
ftruclion of himfelf; what evidence he had
formerly given was for the King againfb the
Earl, and no farther. The Lord Chief
Juftice replied it was true, the law did not
oblige any man to be his own accufer ; yet
where his teftimony ferved to take away any
one's life, and made himfelf guilty of the
fame crime, therein it fhould ferve to cut
him off alfo. Then the jury demanded of
the court fatisfadtion concerning the words
of the flatute, which run, " To charge
him alone to be, and accounted a felon in

law, that committed a b y with man or

beaft." (for which faft the late Earl was only
guilty, and had fufFered). The Lord
Chief Juftice replied, " That, for as much
as every accejfary to a felon is a felon in
law ; lb he being a voluntary proftitute,
when he was not only of underftanding and
years to know the heineoufneis of the fin,
but ahb of flrength to have withffood his
Lord, he therefore was fo far forth guilty."

Wliereupon the jury found the bill, and
fentence of death was palled on them both
accordingly ; after which they were com-
mitted to Newgate, and behaved religioufly
till the day of their execution.

The Trial cf THOMAS, Eart, of Stafford, on an Impeachment of the Houfe
of Commons, for High Treason, November it, 1640.

TH E Parliament, which began tiic
Grand Rebellion againlt KingCharles
<]u; firft, meeting on the 3d of November,

1640. Mr. Pym, one of the chief of the
fadion in the Houfe of Commons, moved
on the eleventh of the fame month, That

the

A COLLECTION of T

the doors might immediattly be locked up,
for he had, matters of importance, he told
them, to communicate to the Houfe; which
being agreed to, he made a moft virulent
fpeech ugainft the Earl of Strafford ; de-
claring, he was the greatefl enemy to their
liberties, and the greateft promoter of ty-
ranny and arbitrary power, that any age
had produced; and being, feconJed by
fome gentlemen of the fame party, it was

*blved to impeach the Eari forthwith of
And Mr. Pym was ordered

high treafon

to go himlclf to the Lords, and impeach
biin at their bar; and to require he might
be fequeilered from the. Houfe, and com-
mitted to fafe cuftody -, which Mr. Pym
with great alacrity £xe;cuted, as fpon as he
received his orders -, and the Earl of Staf-
ford being then in the Houfe of Peers,
fome Lords cry'd" out with unufual cla-
mour, that the Earl fliould withdraw ; in-
Ibmuch that it \Yas with diffiiculty lie ob-
tained leave to be heard firft in his place.

In his fpeech on this occafion, he d:clar-
ed his innocence-,, and defired he might not
be reilrained'Of his liberty upon a general
charge, before any one article was exhibited
againit him ; However^ th.ey refolved, af-
ter a very fliort debate, that he would be
committed to the Black-Rod.: Tlien the
Commons made an order, phat none df
their Houfe i]:ould' vifit theiJEarl, in which
they were iinitated by the peers:' The
Lords aif),- at the define of theCornmon?,
appointed a committee,, tptakiethp depoii-
tions of the witnefies againft tlie Earl of
Stafford, in the prefence of another com-
mittee of the Lower-Houfe ; arid it, was
agreed, that fuch Peers as were witneffes,
Ihould be upon vheir oaths ; that privy-
couneellors might give evidence againft
him; and, thit tlie examinations fliould be
kept private, till. the Commons thpiight.lit
to make ufe of them v. i and, on the 2(5th of
November, Mr." Pym carried up nine ar-

Vql'. I. G

RIALS. 21

tides againft the Earl of the following te-
nor, (viz.)

1. That he the faid Thomas Earl of
Stafford, hath traiteroufly endeavoured to
fubvert the fundamental laws and govern-
ment of the realms of England and Ireland,
and inftead thereof to introduce an arbitra-
ry and tyrannical government againft law,,
which he hath declared by traiterous words,
councils and adlions, and by giving his Ma-
jefty advice by force of arms to compel his
loyal fubjefts thereto.

2. That lie had affumed regal power, to
the undoing of many.

3. That he had converted great part of
his Majefty's treaiure and revenues to his
own ufe.

4. That he hath traiteroufly abufed the
power and authority of his government to
the encreafing, countenancing, and encou-
raging of Papifts, that by their help he
might accomplifli his m,alicious and tyran-
nical deflgns.

5. That he hath malicioufly endeavour-
ed to ttir up enmity and hoflility between
his Majefty's fubjeds of England,' and thofe
of Scotland.

6. That, being Lieutenant-Gcneral of
his Majefty's armies, he had betrayed his
Majefty's iubjeds to deatli, and h;s army
to a fhameful defeat at Newborne by the
Scots, and fuffered New:Caftle to fall into
their hands, to the end England might be
engaged in an incconcileable cjuarrd witli
the Scots.

7. That he endeavoured to incenfe his
Majefty againft Parliaments, thereby to
create divifions between him and his peo-
ple, and deftroy thefe kingdoms; for which
they impeached him of High Treaibn.

c. That he committed thefe afts while
lie was Lord Deputy of Ireland, Lieuten-
ant-General of the armies of England and
Ireland, Lord Prefident, and Lieutenant-
General of the Nortli.

9. The Commons, faving to themfelves .

the

A COLLECTION op TRIALS.

the liberty of exhibiting any other accufa-
tion, prayed, that the Earl might be brought
to I'uftice, &c.

Thefe general articles feem to be fent up
with no other viev/, than that they might
have a pretence for his being committed to
the Tower, while they fhould hammer out
more particular articles, and iilh for witnef-
fes to fupport their charge ; for on the
qoth of January 1640, tliey fent up twenty-
tight fpecial articles againft him, in which
the former feem to be comprehended.

1. They charge, That the Earl, being
Prefident of the North, did on the zift of
March, 8 Car. procure a commidion, with
inftruftions, direfted to himfelf and others,
empowering them to determine all milde-
meanours and offences in tlie North ; and
particularly, they were appointed to pro-
ceed according to the courfe of the Star-
Chamber agamft divers offences •, and to
proceed according to the courfe of the
Court of Chancery concerning lands, and
■grant injundtions to the Common Lav*'
Courts : And that he exerciled thofe pow-
ers over the perfons and eftates of feveral,
deprived them of their eftates and poffef-
fions, and fined and impriibned them, to
iheir utter ruin ; and particularly Sir Co-
nyers Darcy and Sir John Bourchier: That
he procured direftions, that no prohibition
■fhould be granted ; and that none fliould
be difcharged on a Habeas Corpus, till they
had performed their decrees ; and that in
the 13th of the King, he caufed the com-
iTiiffion to be renewed, with additional in-
flruftions.

2, That, foon after Lis procuring the
firft commilTion, he declared at the aflizes
at York, that fince fome of the juftices of
peace were all for law, they fhould find
the King's little finger heavier than the
loins of the law, in order to terrify the faid
juftice--, that they fliould not execute the
iaws.

^. That, in a fpeech to the nobility of

Ireland, and the corporation of Dublin, the
Earl declared Ireland was a conquered
kingdom ; that the king might do what he
pleafed with them ; their charters were
worth nothing, and bound the King no far-
ther than he pleafed.

4. That Richard Earl of Cork having
commenced a fuit for the recovery of his
polfcfTions, of which he was difpoflelTed by
an order of Council, the Earl threatened to
imprifon him, if he did not furceafe his fuit ;
and fiid he would have neither the law nor
lawyers difpute his orders; adding, 7 hat he
would make the Earl of Cork and all Ire-
land know, that as 1 ng as he had the go-
vernment, an act of ftate fliould be as bind-
ing to that kingdom as an atl of parlia-
ment.

5. And that he did accordingly exercife
his power on the goods, inheritances, liber-
ties, and lives of the fubjefts there, to the
fubverfion of the laws of that kingdom ;
particularly, that he did, in time of full
peace, cauf'e the Lord Mountnorris to be
condemned to death by a council of war ;
and caufed fentence of death to be pro-
nounced againft another perfon f whofe name
was unknown) at Dublin, and he was exe-
cuted in purfuance of it.

6. That, on a paper petition, he caufed
the fiid Lord Mountnorris to be difleized
of his'manor of Tymore.

7. That he caufed the cafe of tenures on
defeftive titles to be drawn up ; procuring
the refolutions of the judges thereupon ; by
colour of which he caufed the Lord Tho-
mas Dillon and divers others, to be difpof-
feflTed of their freeholds, to the ruin of ma-
ny hundred families.

8. That on the petition of Sir John Gif-
ford, he made an order againfl: Adam Vif-
count Loftus, 1 .ord Chancellor of Ireland,
and, under pretence of difbbedicnce to the
faid order, caufed him to be impriibned,
and to furrender the Great Seal : That he
imprifoned the Earl of Kildare, in order to

make

A COLLECTIO

make him fubmit his title to the manor of
Caftle-Leigh to his pleafure, and kept him
in prifon a year, refufing to enlarge him,
though diredled to do it by his Majefty's
letters : That he caufed an order of "coun-
cil to be entered againft Dame IMary Hib-
bots, although a major part of the council
was for the Lady -, and forced her to relin-
quifli her eftate, which was foon after con-
veyed to Sir Robert Meredith, to the ufe of
the Earl of Stafford •, and that he imprifon-
ed feveral others, on pretence of dilobedi-
ence to his orders, for pretended debts,
titles to lands, &c. in an arbitrary extra-
judicial courfe, vipon paper petitions.

9. That he granted a commifTion to feve-
ral bifliops, their refpeftive chancellors and
officers, to commit the meaner fort of peo-
ple to prifon, who fhould not obey their
decrees.

10. That he farmed the cuftoms of Ire-
land, and, to advance his gain, caufed the
native commodities to be over- rated ; and
the cuftoms, which formerly were but a
twentieth part of the value of the goods,
were now a fourth, a fifth, and fome of
them a third part of the value.

ir. That he extorted great fums from
the fubjeft, for licences to export divers
forts of goods.

12. That he ifTued a proclamation a-
gainft the importation ot tobacco, and then
caufed great quantities to be imported for
his own ufe-, and would not permit the
merchants to vend tlieir tobacco, unleis
they would let him have it at his own price :
That he ilTued another proclamation, com-
manding all tobacco to be feized that was
notfeakd by his agents; and tliofe on whom
unfcaled tobacco was found, were fined,
whipped, imprifoned, or pilloried; by which
means he gained an hundred tlioufand
pounds ; and though lie raifed the cuftoms
in other articles, he leflened them in this,
from fix-pence to three-pence a pound, for
his own profit j and that, by the like undue

NofTRIALS. 23

means, he conftituted divers others mono-
polies.

13. That he commanded the Irifli, by
proclamation, to work their flax and yarn
into thread, in a manner they were unfkil-
led in, and feized the flax that was other-
wife wrought; whereby he gained the
fole fale of that native commodity.

r4. That he impofed ah unlawful, oath
on the owners and mafters of fliips, by pro-
clamation, requiring them to give an ac-
count of their lading, their owners, from
whence they came, and whither bound.

15. That, contriving to bring the realm
of Ireland under his tyranny, he impofed
great fums on the town of Baltimore, and
divers other places, which he levied by
troops of foldiers : That particularly he
impowered Robert Savile, fcrjeant at arms,
and feveral captains, to quarter foldiers on
luch of the inhabitants as would not be con-
formable to his orders : That he difpoflef-
fed Richard Butler, and above an hundred
families, of their eftates by a military force,
imprifoning the proprietors, till he compel-
led them to relinquifli their refpeftive inte-
refts, levying war againft his IVIajefty, and
his liege people of that kingdom.

16. That, to continue his opprefTions on
the fubjefts of Ireland, he prevailed on his
Majefty, not to fuffer any complaints to be
received in England ; and iiTued a procla-
mation, prohibiting all, v.'ho had any eftates
or offices in Ireland, to depart the kingdom
without licenfe ; and imprjfoned feveral that
came over to England to complain againft
him.

17. That he affirmed, his IVIajefty was fo
well pleafed with his army in Ireland, and
the confequences it produced, that he would
make it a pattern for all his three king-
doms.

J 8. That, in order to make the Papifts
of England and Ireland to depend on him,
lie reftored ieveral religious houfes to their
pretended owners ; particularly two in Dub-
lin,

24. A C O L L E C

lin, which had been affigneci to the uni-
verfity there, which were now employed in
the extrcife of the PopiOi religion. Th;it
he railed an army, of which feven thouland
were Papiils -, and that, to engage this new
army to him, he paid them duely, and per-
mitted them to exercife their religion ;
■whereas the old army were kept without
their pay for a v;hole year : And, that be-
ing a commiffioner for compounding for-
feitures for reculancy, in the Northern
counties of England, he compounded with
the recufants there at very low rates, and
difcharged them from all prccefs, in order
to engage them to him.

! 9. That he impofcd an oath on the fub-
jeifls of Ireland, requiring them to fwear,
that they would not protell againft any of
his Majefty's commands, but fubmit obe-
diently to them, fining, imprifoning, and
baniOiing the refufers ; and particularly,
that he fined Henry Steward and his wife
5000 1. a-piece, and imprifoned them for
non-payment : That he declared the faid
oath did not only oblige them in point of
allegiance, but to the ceremonies and go-
vernment of the church eftabliflied, or to be
cftablifned by his Majeity ; and gave out
that th-ofe who refufed to take it, he would
profecute to blood.

, 20. Tiut he endeavoured to create in liis
Majcily an ill opinion of the Scots, and ex-
cited him to an offenfive war againft them,
fince the pacification : That he was the
chief incendiary, declaring that the Scots
demands in parliarnenc were a fufncient
caufe to make v-ar upon them •, that they
Avere rebels and traitors % _and, if his IV!a-
jelly plcafed, he v;ould root them out of
Ireland, except they took the oath in the
preceding article ; and that he caufed feve-
ral Scottifli fhips to be feized, to engage the
kingdoms in war.

21. 'I hat, having incited his Majelly to
carry on an ofi'cnfive war againft Scotland,
he advifed him to call a parliament, but

EC T ION OP TRIALS.

that if they did not occur in the Earl's
mifchievous projedts, they fliould be dif-
folved, and money railed on the fubjetfts by
force ; declaring in council. That he would
ferve his Majelly any other way, in cafe the
parliament did not fupply him.

22. That he procured the parliament of
Ireland to declare they v/ould aflift the King
againft the Scots ; and confpired with Sir
George Ratclifte to employ the army of
Irifh Papifts he had railed, to the fubverfion
of the government of England ; declaring
that, ii: the parliament v/ould net fupply his
Majefty, he was at liberty to ufe his prero-
gative for what he needed-; and that he
would be acquitted both by God and man
for fo doing.

23. Thar, the laft parliament taking the
grievances of the kingdom into confidera-
tion, the Earl and Archbifliop Laud ad-
vifed his Majefty, by fev^eral fpeeches and
mcflages, to urge the Commons to grant a
fupply for the war againft Scotland, before
they entered on their grievances : And that
a demand being made by his Majefty of
twelve fubfidies, in lieu of ftiip-moncy ;
wiiile the commons were debating on the
fupply, the fiid Earl and the_ Archbiftiop
moved his Maieily to dilTolve that parlia-
ment, and the E,arl then incenfcd his Ma-
jefty againft themembers, tellinghim, "they
had denied to fupply him, and that his Ma-
jefty having tried the aftedions of his peo-
ple, and been refufed, he was abfelved from
all rules of government, and that he had an
army in Ireland, which he might employ to
reduce this kingdom."

24. That he falfly declared to others of
the privy-council, that the parliament
having forfaken the King, and denied him
a fupply, they had given him an advantage
to fupply hin-'fclf by fuch other ways as he
faw fie •, and that he was not to fuller him-
felf to be maftered by the frowardnefs of
his people. And that the Earl, the Arch-
billiop, and the Lord-Keeper Finch, pub-

liflied

A COL LECTIO

lifhed a fcandalous boo.k in his Mnjelly's
name, entitled, " The caufes tiiat moved
his Mnjeily to diflblve the lail parliament,"
full of bitter invedives againft the Com-
mons.

25. That he advifed the levying of fhip-
money, and procured the Sheriffs to be pro-
fccuted for not levying it, and fcveral to be

-impriibned for not paying it; and advikd,
that the Lord-Mayor of London, the Al-
dermen, &c. fliould be fumnioncd before
the council, to give an account of their
proceedings in levying fliip-money, and
concerning t!ie loan ot an hundred thoufand
pounds demanded of them by the King ;
and on tlieir refufing to certify who were fit
to lend, the Earl laid, they deferved to be
fined -, there was no good to be done with
them till they were laid by the heels, and
fome of the Aldermen hanged up.

26. That he caufed 130.000I. belonging
to his Majefty's fubjefhs and foreigners, to
be feized in the Mint ; and when it was re-
prefented what a prejudice this would be to
the kingdom, faid, that tlie city had dealt
undutifully, and were readier to help the
rebels than his Majefty •, and that it was
the praftice of other Princes to ufe fuch
money to ferve their occafions -, that the
French King ul'ed to fend commiflaries of
horfe to take account of men's eftates, and
levy money on them by foi«€ -, and, direft-
ing his difcourfe to the Lord Cottington,
faid, this was a courfe worthy to be con-
fidered by his Lordlhip.

27. That, being Lieutenant- General in
the north, he impofed a tax of eight-pence
a day for every foldier of the militia in that
county, and levied it by force, declaring,
that thofe who refufed it, were guilty of
little lefs than high-treafon.

28. That, receiving advice of the Scot-
tifli army's bending its march towards
England, he did not provide for the de-
fence of Newcaftle, but fuffered it to fall
into their hands, to incenfe the Englifli

Vol. L No. 2. 1:1

NofTRIALS. 25

againfl: the Scots ; and in order to engage
the two nations in a bloody war, he ordered
the Lord Conway to fight the Scots at the
paflage of the Tine ; though he had rcpre-
Itnted, he had not force fufficient to en-
counter them ; whereby he betrayed his
Majefty's army to apparent danger and
lofs ; all which the Earl had done, with an
intent to create a divifion between his Ma-
jefty and his people, and to deltroy him
and h'.s kingdoms ; and for which thejr
impeached him of high-treafon.

The Earl's Anfvver to the faid twenty-eight
articles was in fubftance as follow :

1. To thefirft, the Earl anfwered, That
the com.miffion diredted to him and others,
to hear and determine offences in then; rth,
did not difltr from former commiiTiuns :
that he believed Sir Conyers Darcy and Sir
John Bouchier were legally fined ; but he
was then in Ireland ; and denies that he
did any thing, but what he might legally
do, by virtue of that commiftion.

2. He denies he fpoke the words charged
in the fecond articles, but had faid, " the
little finger of the law was heavier than the
King's loins.

3. He denies the words charged in this
article, but might fay, the charters of Dub-
lin did not bind his Majefty.

4. That the proceedings at the council-
table of Ireland have ever been by peti-
tions, 'anfwers, &c. and they have always
punifhed contempts to their orders by fine
and imprifonment •, and believes he might
tell the Earl of Cork he would imprifon
him, if he difobeyed the orders of the
council-table.

5. That the Deputies and Generals of'
the army have always executed martial
law in Ireland •, and the army there was
governed by printed orders ; and the Lord
Mountnorris being a Captain in the army,
was fentenccd to death by a council of war,

confifting

A COLLECTION of TRIALS.

confifting of twenty officers, for mutinous
words, and breach of orders ; in which the
Earl was no Judge, but afterwards pro-
cured his pardon ; and Lord Mountnorris
iuffertd no perfonal damage, uniefs two
days imprifonment.

6. To the fixth he faith. That calling
the Lord Chancellor and the Matter of the
Rolls to his affiftance, upon hearing the
caufe mentioned in this article, a decree
was made for tiie plaintiff"; and the Lord
Mountnorris might thereupon be put out
of poiTefiion,

7. To the feventh. That the Lord Dillon
confented to the ftating of the cafe men-
tioned in this article, and the Judges de-
livered their opinions thereupon ; but that
neither he, nor any one, were bound there-
by, or put out of pofleffion.

8. He fays that a decree was made by
the Privy-council of Ireland againft the
Lord Loftus ; and, on an appeal to the
King and Privy-council of England, that
decree was confirmed ; and for difobe-
dience to that decree, and continuance of
his contempt, he was committed clofe pri-
foner, and the great feal delivered ivp by
his Majelly's command. And that an in-
formation being exhibited againft the Lord
Loftus, in the Star-Chamber, for his op-
preiTions, as Chancellor, he fubmitted, de-
fining he might be an objeft of his IVIajefty's
mercy. 7 hat the Earl of Kildare v/as
committed for not performing an award,
made by King James, and an award in
purfuance thereof by the Earl of Strafford ;
and a letter being unduely obtained, he
was not difcharged thereupon; but upon
another letter, and mailing a fubmillion,
he was enlarged. That the F^^ady Hibbots,
and Hoy her Ion, having made a fraudu-
lent bargain with the petitioner Hibbots,
for lands of great value, was ordered by
the council to f^eliver up the writings, no
alTurances bcirg mi'.de, or rnonr^y paid ;
and believes Jhe might be threatened to be

committed, if Ihe difobeyed that order
but denies the lands were conveyed to Sir
Robert Meredith for his ufe ; or tjiat any
one had been imprifoned by an order made
by himfelf, in a cafe of freehold ; though
he admits they may have been for debts
and perfonal things, as had been pradlifed
by his predeceflbrs.

9. That fuch warrants, or commifllons,
as are mentioned in this article, have been
granted to Bifliops by his predecellors j
but that he never granted more than one,
and finding it complained of, had recalled
it,

10. To the tenth he faith, ThaT tlie Lord
Treafurer Portland offereu the farm of the
cuftoms for 13000I. per annum, and to
the Earl had advanced them to J5500I.
per annum, befides Soeol ane ; that, by
his Majefty's command, he became a
farmer at thofe rates, without addition ;
that he diffuadcd the advancement of the
rates, and it was declined ; that the rates
of hides and wool were moderate, and the
trade of /hipping mightily encrealed in his
time.

11. To the eleventh. That his Majefty,
to reftrain the dcftru&ion of timber, had
laid a duty of thirty fnilling'., and after-
wards of three pounds, per thoufand upon
pipe-ftaves exported ; which was paid to
the King's ufe, but the Eirl had loft 4 or
500I. per annum, by it, which was paid
to his predeceflbrs, for licence to export
them.

12. To the twelfth he fiith, Tliat the
revenue of Ireland f;\lling fliort of the ex-
pences of the govermcnt, 24000I. per
annum, the Commons petitioned the duties
on tobacco mrglit be applied to the encreafe
of the revenue, which was coniented to ^
that the Earl had lent money to forward

-the bufinefs, and, by his Majefty's allow-
ance, was a partner, but had yet made no
;idvantage thereby ; and knew no whip-
ping, or Other puiiiflimentj for non-pay-
ment

A C O L L E C T I

ment of the duties ; that the farms of the
cuftoms were advanced 2000I. per annum,
and five eights. That the price of tobacco
was two (hillings and four-pence per pound;
and he had not raifcd it, or countenanced
any monopoly.

13. To this article, he faith. That he
chofe to advance the linen manufafture
there, rather than the woollen, becaufe the
latter might prejudice England ; that he
imported great quantities of flax, and fold
it without any profit, to encourage the
natives, the foil being proper for it ; that
]ie had fet up abundance of looms, and
fold a great deal of cloth to lofs; but,
when they would not be brought to change

ONofTRIALS. 27

he feized fome houfes in Dublin, on pre-
tence ot their belonging to jefuits and
friars, without legal procefs ; and that fuits
being commenced for them at the council-
board, they were reftored to the owners ;
but how they had been employed fince, the
Earl knew not ; that he left the care of
raifing the 8000 men
article, to the Earl of
lieved they could not
many papitfs among them, though moft of
the officers were proteftants ; and in the
old army he never made one officer that
was not a proteftant -, and gave directions,
that the common foldiers lliould be all
fuch, and he believes they have been duly

mentioned in that
Ormond, and be-
be railed without

the old way of working their flax for a paid. And the new raifed men exercifed

their religion in no other manner than was
praftifed in the times of his predecelTors j
that in his compofitions with the recufants
in the north of England, he brought their
forfeitures from 23C0I. to 12000I. per
annum v/ithin four years -, and that they
had no other privileges than what they had
formerly.

19. To the nineteenth, he faith, he ad-
mits that an oath was tendered to the Scots
in Ulfl:er, who were near an hundred thou-
fand men, it being fufpefted they would
join their brethren the covenanters ; and
that it was taken by all of that nation in
Ireland, fome few excepted, who were
cenfured for their refufal ; but that there
was nothing in it relating to the govern-
ment of the church.

To the twentieth, he faith, he ac-
he thought it convenient an
army Ihould be raifed againll the covenant-
ers, but advifed the confulting tjie par-
liament in it ; that the Scots demands
being confidered by the council, before the
parliament met, it was unanimouOy .igreed.
That tliey were fuch as migiit not m ho-
nour, or fafety be granted ; and that, if
they could not be reduced otherwife, his
Majelty might do it by force j and his Ma-

better, that manufafture declined

14. That the proclamation mentioned in
this article, was fet forth by the council of
ftate, to prevent frauds in the King's
duties ; and the oath enjoined, was ap-
proved by the Judges.

15. That the Irifh agents in the time
of his predeceflbrs, had agreed to pay
i20,oooi. towards the maintenance of the
army, and that the money fhould be levied
by Captains, by paper ahlgnmcnts, upon
warrants from the faid deputy •, but this
was continued only part of a year in his
time, and he was confident no force was
ufed in levying it ; and that neither Richard
Butler, or any other family, were evidled
from their eftares.

16. To the fixteenth, he fays. That, by
the laws of Ireland, none can depart that
kingdom without licence -, however, he had
denied his linence but to three, and that
upon very good reafons.

17. To die feventeenth. That he might
Ciy to the foldiers of the old Irifli army,
that the King was fo well pleafed with the
excrcile of their arms, that he would make
them a pattern for others to imitate.

iS. To the eighteenth. That when the
Earl of Cork was one of the Lords Jufdces, j

20.

knowledges

A COLLECTION o ? T R I A L. .3.

jelly was advifed to borrow 2co,oool. till
the Parliament fat ; and he might Tay, that
thofe who raifed forces in that kingdom,
were no better than traitors and rebels -,
and that he feized feverai Scots fliips by
warrant from the Lord Admiral, in order to
bring them to terms of accommodation.

2 1. To the twenty-firft, that the paci-
fication was broken before he came into
England ; and that I^,e moved for the
calling a parliament, in order to procure a
rrood underftandino; between the King and
his people, and not with the mtent this ar-
ticle fuggefts •, and he m.ight lay, if the
parliairent refufed a fupply, he would ferve
iiis Majeily in any other lawful way.

22. He denies the words charged in this
article; but fays, he did reprefent the ftate
of his Majelty's affairs to the parliament of
•Ireland, and they readily gave him four
fubfidies ; that he ahb railed eight thou-
fand men, by his Majefty's orders, who
were lent to fecure Ulfter, or land in Scot-
land, to divert the Earl of Argyle, in cafe
he declared for the covenanters.

23. To this article he faith. He admits,
that it being debated in council, what
might move the parliament to grant a
fupply, he did ad vile, that his Majefty
fliould lay down fliipmoney, and promife
never to demand it again, and to redrefs
their other grievances ; and that he advifed
his Majetly to accept eight fubfidies ; that
the Earl drew up a melfage of this tenor in
Wiiting, and it was given to Sir Henry
Vane, to deliver tothehoufe of Commons,
but he did not know whether Sir Henry
delivered it or not ; but that, the houfe
having debated the fupply tv.o days, and
come to no relolution, his Majelly called
a council the 5th of May -, to which the
Earl coming in late, was informed the
King declared his- refolution of diflblving
the parliament; and Sir Henry Vane de-
claring there was no hopes the parliament
would give the King a penny, the Earl

fuppofing the abovefajd fineffage had been
delivered to the Commons, did, in h:i
turn, give his vote for diflblving the par-
liament ; as Sir Henry Vane, and the retV
of the Lords of the council, : had done, to
the number of twenty (tvvo or three e>>-
cepted) ; that the parliament being dif-
folved, and the King demanding of tiie
council how money might be railed,- now
the Scots were upon the point of entering
the kingdom, the Earl declared, he was of
opinion, " That in a cafe of abfolute ne-
ceffity, his Majefly was abiblved from or-
dinary rules, and might, ufe all moderate
v;ays and means for the defence of iiimlclf
and the kingdom ;" for he conceived, in
fuch extremity, Saltis popuH was Sup-eum
lex ; that he gave his opinion, as he was
bound to do by his oath of a Privy coun-
cellor, and not officioufly -, neither diet he
fpeak the words mentioned in this article,
or any other to that effedl.

24. To the twenty fourth, he faith. He
gave his opinion with the reftridions men-
tioned in the lafl: article ; that he had no
ill intentions towards the parliament, or
knew of the publiflfmg the book men-
tioned in this article.

25. To the twenty-fifth, That fliip-
money was adjudged and levied before his
coming to England ; nor did he promote
the profecuting the refufers in the Star-
Chamber ; that he had laid at the council-
board, that the Sheriffs ought to be fined
for not executing the King's writs ; which
was done with an intention to quicken them,
and not with a defign they fhould be pro-
fecuted : and denies the reft of the words
mentioned in this article.

26. To the twenty-fixth, he faith, He
advifed neither of the projeds mentioned
in this article. That the merchants defir-
ing him to move his Majefty to releafe the
bullion, he r.fufed to meddle with it ; tel-
ling them, they might thank themfelves, if,
by denying the King the loan of a

lOOjOOOl,

A COLLECTION oi- TRIALS.

sroOjOOol. in that time of danger, they lud
compelled him to leize the bi.iilion ; and
that the Earl of Leicefter oblerving, that
commiffioners were appointed to inipedl the
merchants fliop books at Paris, and tax e-
very man according to his ability, he did
fay, They might blel's God they were not
fubjecl to fuch a king in England : but de-
nies fpeaking the words fpecified in this ar-
ticle, expreding his concern, that his words
fliould conttantly be mifreprefcnted.

27. To this article he fays. That the
gentry of Yorkfhire agreed to allow the
trained bands a month's pay ; and it was or-
dered, by his Majcfty and the great council
of Peers, when any of thofe regiments were
permitted to return home, they that fcnt
them out fliould contribute to the charge
of the reft ; and this was levied by warrants
from the Earl and hi? deputy-lieutenants,
and leflened the chargeof the county : And
denied the reft of the charge in this article.

28. To the laft article, he anfwered.
That he was lieutenant-general to the Earl
of Northumberland, and that the Lord
Conway having twelve thoul'and foot and
two thoufand horfe under his command,
near NewcaRIe, and his Majefty having
given'ordersfor oppofing the paffage of the
Scots over the Tine, the Earl fent the Lord
Conway a letter from York the 27th of Au-
guft, advifing him to march with eight
thoufand foot, and all his horfc and artille-
ry, and defend that paffage -, but before the
Lord Conway had received that letter, he
had placed himfelf there with only fifteen
hundreed foot and part of the horfe : That
the Earl had no charge of the army, till the
30th of Auguft, when he brought it to
York, and defigned to iiave remained there
with the army, had he not received advice
from feveral hands, that there was a defign
to profecute him in parliament, which in-
duced him to leave the army under the
Lord Conway, and come to London -, ad-
ding, that Nevvcaflle was not under liis

Vol. I. No. 2.

care: And as to the reft of the matters
contained in the faid articles, he was noc
guilty ; praying he might have time to pro-
duce his proofs and vouchers in his defence.

The place appointed for the tryal was the
great hall in Weftminfter, where there was
a throne ercifled for the King, on each fide
thereof a cabinet enclofed about with
boards, and before with a tarras. Before
that, were the feats for the Lords of the
Upper Houfe, and facks of wool for the
Judges ; before them, ten ftages of feats,
extending farther th.m the n]idft of the
Hall, for the gentlemen of the Houfe of
Commons : at the end of all was a defl<
clofed about, and fct apart for the Lord
Lieutenant and his counl'el.

iVlonday Morning about feven of the
clock he came from the Tower, accompan-
ied with fix barges, wherein were one hun-
dred folditrs of the Tower^ all with parti-
zans, for his guard, and fifty [:air of oars.
At his landing at Weftminfter, there ha
was attended with two hundred of the train-
ed bands ; and went in, guarded by them
into the Hall. The entries at White-hall,
King-ftreet, and Weftminfter, were guard-
ed by the conflabie and watchmen, from
four of the clock in the morning, to keep
away all bafe and idle perfons.

The King, Queen, and Prince, came to
the Houfe about nine of the clock, but
kept themfelves private within their clofct«,
only the Prince came out once or twice to
the cloth of State ; fo that the King fiw
and heard all that pafled, but was ken of
none. Some give the reafon of this, from
the received pradice of England in fuch
cafes : Others fay, that the Lords did in-
treat the King either to be abfent, or to be
there privately, left pretenfions might be
made hereafter, that his being there was
either to threaten, or fome otherwife to in-
terrupt the courfe of juftice : A third lort
that the King; was not willing to be accef-
fary to the procels till it came to his parr,

but

A COLLECTI

but rather cholc to be preienr, that he might
note and iinderftand what violence, rigour,
or injuliict; happened.

When the Lieutenant entered the FTall,
the porter of the Hall (whole office it is)
aOa-d Mr. Maxwell, whether the ax (liould
be carried before him, or no .'' who did an-
fwer, That the King had exprefsly forbitl-
den it •, nor was it the cuftom of England
to iile that ceremony, but only when the
party accufed was to be put upon his jury.
Thotc ot tiie Upper Boufe did fit with
their heads covered, thofe of the Lower
Houfe uiicovered. The Billiops upon the
Saturday before did voluntarily decline the
giving of their iuffrages in matters criminal,
and of that nature, according to the provi-
fion of the canon law, and pradice of the
kingdom to this day, and therefore would
not be prefent : yet withal they gave in a
proteltation, that their abfence fhould not
prejudice them of that or any other privi-
lege competent to them, as the Lords fpi-
ruual in Parliament, which was accepted.

The Earl of Arundel, as Lord High
Steward of England, f^t apart by himfelf,
and at the Lieutenant's entry commanded
rhe Houfe to proceed, Mr. Pym being
fpeaker of the committee for his accula-
tion, cave in tlie fame articles which were
prefented at his laft hearing before the Up-
per Hou'e, which being read, liis fupplies
vjere fubjoined and read alfo ; the very fame
which were prefented before in the Upper-
Houfe. Some give the reafon of thi^, be-
caufe the Lower Houfe. had not heard thofe
Eccuiaiions in public before •, others, that
tiie formality of the procefs required nolefs;
however, that day was fpent in thatexercife.

The Queen went from the Houfe about
eleven of the clock, the King and Prince
Oaid till the meeting was diffolvcd, wliich
was after two. The Lieutenant was lent
to tlie tower by his guard, and appointed to
return upon '1 eufday at nine of the clock
in the morning. The croud of people was

ONofTRIALS,

neither great nor troublelbme ; all of therpi
faluted him, and he them, with great hu-
mility and courtefy, botli at his entrance
and at his return ; therefore let fame pre-
tend what it pleale about the malice and
difconcent of the multitude, " That if he
pafs the ftroke of julHce, they will tear him
in pieces -," yet I fee there is more in ru-
mour than in fight and appearance, and in
this report as in all others of this nature,
more is thruft upon the vulgar (who feetia
as well fearful of punilhment as exempt
from it, for all their great number) than
they do juftly deferve.

On Tuefday in the morning he came
accompanied as before to Weftminfter ;
and having ftaid in the Exchequer-Chamber
till nine of the clock, the King, Queen, and
Prince came, as before upon the firft day.

Then Mr Pym being called for, aggra-
vated the charge, which was given the day
before, by a very ample fpeech. It is im-
pofllble to call to mind all the hyperboles,
the flaflies, and fuperlative exprelTions that
he ufed ; the main points were. That it v/as
a treafon far beyond the reach of words,
that he the Lieutenant, a native fubjecft,
and a peer of England, the prime governor
of Ireland, the commander of his Majefly's
forces, and a Proteftant in religion, Ihould
have in fuch an impious and grofs manner
recompenfed his Majefty's favours, abufed
his goodnefs, and drawn all his dominiorts
into hazard and peril of their religion, lives,
goods, and privileges; that one of thefe
faults alone had been enough, and too much,
for the fulfilling of the exorbitancy and
wicktdncfs of any one man ; and that no
punifhment could bethoughton,fufficientto
expiate crimes of fuch a tranfcendent nature.

'i'he Lieutenant, with no lefs moderation
and wifdom, than the other with heat and
pafiion, fpake to his own defence ; and
that with fuch a meafure of eloquence and
livelihood, that his very enemies were af-
fcfted with it, and d9 marvcloufly report of it.

A COLLECTI

He modeftly recounted his lervices done
to the King and crown of England, his en-
deavours tor advancement as well of the
honour as commodity of both kingdoms in
general, but in particular that of Ireland ;
hov/ he had engreatned and advanced the
King's revenues there, rellored the churches
maiiitainance, fupprefled the outlaws, efta-
blilTied obedience to royal authority, and
impeditcd the tyranny and ufurpation of
greater ones over tlie Commons. And for
the efFefling of all thefe adlions, he men-
tioned himfelf the moft weak and meaneft
inftrument, with a wonderful prudence, in
a middle way, betwixt the affcftation of
bafenefs, or deieftcdnefs, and allegiance.

Mr Fym, after the dole of his ipeech,
told him that there were three new articles
adjoined (by an after-fcarch) to his charge ■,
anddefired that he might prefently reply to
the fame.

Whereunto the Lieutenant anfvvered, It
was very ftrange, that after the clofe of the
procefs, and when matters were come to be
Icann'd, and examined by proof, that any
new charge fhould be given in ; yet lealt
he fhould fcem to decline the maintainance
of his own innocency, and the juft defence
of his honour, he was moil willing to hear
them and have them alledged, provided that
a convenient time might be afTigned him to
make his replies againft them, as he had
done to the others given in before.

But Mr. Pym excepted againll this, and
told him that the Houfedid conceiveitto be
dangerous to grant any fartherprorogation.

Upon this, the Lords of the Upper-
Houfe fwho did not think it fit as yet to
voice any particular in the audience of the
Houfe of Commons) did retire themfelves,
and after a pretty time of If ay, they return-
ed and declared, that they had found the
Lieutenant's fuit to be equitable, in dcfir-
ing of further time for anfwering ; yet fee-
ing the articles themfelves, neither for num-
ber nor weight, feemed to be of that im-

O N OF T R I A L S. 31

portance, but that he might furnifh out a
prefent anfwer, they thought it fitting to
grant no delay.

The Lieutenant then, (intreating them
to pafs by and pardon the weaknefles of his
extemporary anfwers) defired to hear the
articles read, which were thefe :

Flrft, " Tha: he had within thefe two
years withdrawn forty thoufand pounds
Sterling from the exchequer in Ireland, and
employed it to his own private ufes."

Secondly, " That in the beginning of hi.5
government, the garrifons in Ireland had
been maintained by the Englifli treafury."

Thirdly, " That he had advanced Pop-
ifh and infamous perfons, as the Bifhop of
Waterford and others, to the prime roonts
in the church of Ireland."

To the firft he anfwer'd. That thirty
thoufand pounds were fct apart for the
King's late fervice, at his own mofl fpecial
and mofl: peremptory commands -, for which
he produced the King's own letter, already
approved as his acquittance at the exche-
quer-board in Ireland.

To the fecond, That at the beginning
of that charge againft him, as ever before
his time, the garrifons had been burden-
fome to the kingdom of England; but that
he had fo improved it, and fettled the King's
revenue there, that the like is not to he
heard in all the times that are by-pall ; for
which, (if the beft endeavours of a fubjeft
may juilly expedt any reward from his King
and country) he craved leave to think that
he rather deferved many thanks, than the
leaft punifhment.

To the third, He attefted all the clergy
in Ireland, if ever he had taken upon hinii
any particular meddling in advancing their
churchmen, or whether he had done any
thing concerning luch affairs, but upon the
fpecial advice and defire of the beft and
wifcft of tl.eir number. For his parr, when
he befriended the Biflrop of Waterford, he
conceived of him as a man of integrity aad

icarninK,

32 A C O L L E C T I

^earning, fit for luch an employment -, nor
was there then the Ic-afl; fufpicion of thole
monftroLis impieties, wherewith he was af-
terwards charged; that he had now juflly
fuftcred for the fame, and that he hoped
they would not lay a neceffity upon him to
prophcfy and divine of the future conditions
and deportments of men. For others ot
the church, fufpecfted ot popery, he knew
none fuch, but lliould aniwer to the par-
ticulars fo far as they concerned him, when
they fhould happen to be alledged.

After this the houfe diflblved for that
night, the King's Maicfly and the Prince
"having ftaid all the time ; and the Lord-
Lieutenant was appointed to come thither
again on Wednelday morning-, at which
time they are to proceed to the firft article,
to give an oath to the vvitnefles, and to exa-
mine all the proofs whereon the procefs was
buikied.

It will be a very hard matter for him to
expect every man's teftimony, and to give
his anfwers either for full fatistaftion or di-
sminution of all objedions ; which way of
.proceeding will fpend at lead a fortnight,
if not a greiter fpace of time-, yet -it is
thought the lower houfe are impatient of
delays. The expc<5tations are exceeding
various and different about the event of
this great aftion^ fome think it will be im-
poflible to efcape the many and great accu-
fiitions laid to iiis charge -, others, and that
the greater number too, are of opinion that
he will be in no hazard of his life, and that
it will not be polTible to bring him into the
compafs of trealbn (quod /am mi/ere cupio ut
iron credam). His adverfc party is fo great,
and fo far intercfled both in point of fafety
and honour againll him, ihsLiflcHere Ji ne-
qiieunt ftipercs, i^c. nothing will be left un-
elTayed, that may accelerate his ruin.

He hath all this time carried himfelf cou-
rageoufly, to the admiration (and withal fo
moderately, that it is to the great fatif-
faclion) of his very enemies ; lb that he

ON OF TRIALS.

feems neither dejeifled with fear, nor to
alFed boldnefs wiih confidence, but to
carry hinifelf with that conftancy and re-
folution, which his innccency and brave
parts do promife.

The Irifli commiflioners here, have hi-
therto ablbined from giving in any remon-
Ifrance againft the Lieutenant, and do lliil
plead to have an immediate dependance
from th; King, and not from the parlia-
ment of England. There was a report that
the parliament of Ireland had fent a prote-
ftation againll the aft made the laR year,
for the King's fupply in his expedition
againft the Scots, as a thing which was
violently in part, and in part furreptitioufly
obtained from them : but I have learned
this to be an untruth. I Iiad almoft for-
gotten one paffage of Mr. Pym, who in the
aggravation of the Lieutenant's faults, had
this exprefllon. That he was like the whore
in the Pioverbs, " He wiped his mouth,
and with a brazen face faid he had done no
evil."

To this the noble Lord replied. That he
wilhed his innocence might not be taken
for impudence, that he hoped Ihortly to
clear himfelf of all thole foul afperfions
which his malicious enemies had call upon
him ; and he was very confident that he
fhould give the honourable houfes full fa-
tisfadlion concerning his life hitherto, and
thought of nothing more hereafter than to
retire himfelf from all public employments.

Mr. Pym gave at this a great fliout, and
defired the houfe to take notice what an in-
jury he had done to the honourable houfe
of Commons, in calling them his malicious
enemies.

Whereupon the Lieutenant falling down
upon his knees, humbly befought them
that they would not miftake him ; and
withal gave a large panegyrick of their moll
juft and moderate proceedings, protefting
that if he himfcif had been one of the houfe
of Commons (as he had the honour once

A COLLECTION of TRIALS.

to be) he would not have advifc^d them to
have done otiierwife againil his dearell
friend ; but witlial told them, that he
might juftly fay he had his own un-friends,
which he liopcd in time to make known.
Nor did he all this time fjieak one bitter
word againlt Mr. fym, though juftly in-
cenfed ; which hath infinitely advanced his
reputation.

I have been a dnily hearer of thefe pro-
ceedin-;s aeainii; this great perfonage nov/
upon [he fiage, th>-'rctore do prefume I can
give a reaionable account thereof. The
book ot his charge is extant in print, lb
ic fliall be needful tor me only to name the
articles, as they were canvafled ; and thole j
defigned by the-houfe of Commons to be j
his accuil-rs, which v.ere thofe that follow.

The Names of his Accufers.

Pym, G!yn, Maynard, Whiilock, Lord
Digby, St. John, Palmers, Sir Walter
Earles, Stroud, Selden, Hampden, &c.

One of thcfe began the f^ eech ; the reft,
after their colleague had done, follow in
their turn : fo that he hath all of them to
wreftle againft', and yet fufficiently able for
them all •, though by his agitations his
fpirits are much exhaufted.

Mr. Glyn, after a large flourifh, on Wed-
nefday, told the Lords, That the Lord
Strafford was impeached, not with fimple,
but accumulative treafon ; for though in
each particular article, fuch a monftrous
crime could not be deprehended, yet when
all was conceived in the mafs, and under
one view, he fhould be undoubtedly found
the molf wicked and exorbitant traytor that
ever was arraigned at that bar. He added.
That his charge was for intending to fub-
vert and change the fundamental lav/s, li-
berties, and privileges of both the king-
doms, and to introduce an arbitrary and
tyrannical form of government. This, he
faid, could not appear but by the fruits.

Vol. I. No. 2. K

which were either in expreffion or aflion.
The expreflions were four :

Firfr, That before feveral witnefles he
had faid at York, ' That the King's little
finger fhould be heavier to them, than the
loins of the law."

To this the Lieutenant replied. That
having Ipoken fufficiently before to his
juftificaiion in general, he would moreover
add thefe few words by their favours : That
it did ftrike him to the heart to be attached
ot fuch a vvickcd crime, by fuch honourable
pcrfons ; \ea, that it wounded him deeper,
in regard that fuch perfons who wtrc the
companions of his youth, and with whom
he had fpent the bell of his days, fiiould
now rife up in judgment againft him ; yet
he thanked God for it, it was not guilt,
but grief, that fo much troubled him. He
added. That it was a wonder how he had
gotten llrcngth fufficient in fuch infirmity
of body, and fuch anguiOi of mind, to
collefl his thoughts, and fay any thing at
all for himfelf; but the Almighty God,
who knows him to be innocent, had fur-
niflicd him with fume abilities to give tefti-
mony to the truth, and to a gi.od con-
fcience ; he therefore intreated, that if
either in judgment or in memory h; fhould
at any tim.e fail, it might be imputed to
his great weaknefs. And although the
gentlemen his accufers fhould feem more
ready in their accufations than himfelf in
his defence, yet that might not prejudice
his caufc ; who, in very unequal terms,
had to do with learned and eloquent law-
yers, bred up a long time and enured to
fuch judiciary pleadings, and whofe rhe-
torick, he doubted not, might prefent
many things to their view in a multiplying
glafs. He told them farther. That for
thefe many years he had been weary of
public fervice, and that now it was his re-
folution, after he had vindicated his honour,
to retire himfelf, and enjoy his much longed
for privacy -, and yet he could not but tell

them

COLLECTION of TRIALS.

them fo much, that it liad been his hearty 1
wilh and defire, rather voluntarily to have
refigned his places of honour, hke a ripe
fruit fillen from the tree, than to be
- violently pulled from thence, as a fruitlels
and unprofitable withered branch.

To the charge of ttcafon, he (aid, That
under favour lie conceived tliat although all
the articles contained in his impeachment
were verefied againll him, yet they would
not all amount to trenlon, neither fimple
nor accumulative ; for ffaiJ he) I do not
vindcrlland by what interpretation of law,
the diverfion of jufcice can be called a fub-
verfion of the fame -, or the exceeding of a
commiffion, the ufurpation of a new power.
To the particular he replied, That his
words Were clearly inverted, for that his
cxpr.ffion wa', " fhat the little-finger of
the law (if not fupported by the regal power
in Etantrng pardons for ptmlties of the
fame) was heavier than the King's loins."
That this v.'as his exprefilon, he verified.

Firir, Ey the occafion ; for he fpake the
words a long time fince, to fome men who
had lain imprifoned at York, and were then
by the King's favour f.-t at liberty ; whom
he incited to thankfulnels (by this ex-
prelTion) towards his Majeily.

Secondly, By witnelfcs produced by him.
In the examination of their witnefles he con-
vinced one of them of an untruth, by m-
terrogating him where he was v/hcn the
fpeech was heard, and how far dillant from
him ; when the man replied, that he was
twelve yards from liim ; he anfwered, that
it was impolTible for him to hear a man
three yards olf, by reafon of a deafnefs that
had held him fourteen years ; which being
found true, the witnefs was rejefted.

Another witnefs (Sir David Foulis) was
brou;^ht againlt him ; againft whoin he ex-
cepted, as his known and profefied enemy ;
it was rold him, that lie himfelf did not ufe
to admit of exceptions againft witnefles,

and therefore was to expeft the fame
meafure.

He replied, that Mafter Pym might one
day perhaps be attached, for perluading
the houfe of Commons to commit the fame
crime that was laid upon him as a charge
of treafon. But fcr all this, the witnel's
was received, beraufe in matters of treafon
a man's enemy may witnefs againfl: him pro
domino vojlro rege ; though, I fuppofe, the
King's advice was never afl<ed for the
prelent. This was all that was done for
that time.

On Thurfday he wns charged with the
fecond exprefTion, " That he faid Ireland
was a conquered kingdom, and that the
King might prefcribe them what law he
pleafcd."

This they aggravated as n prime note of
his tyrannical will and afFe6lion, that would
permit no law to bind the fubjeft, but what
himfelf, and fuch as he, might draw up by
finiftrous informations, from a gracious and
well-meaning Prince ; and if this were ad-
mitted, the vv-hole power and liberty of the
republic would be utterly loft.

To this he replied, That neither was the
exprciTion in thofe words, nor in that fenfe
fpoken or meant by him. The iirft part of
it (faid he) cannot be denied ; to the fecond,
that he had faid only, " 7 hat the King was
the law-giver," which he hoped none could
deny without incuriing the crime of treafon ;
and that " the King's lentence was a law in
matter not determined by a£ts of par-
liament," which all but difloyal fubjecls
would grant. And that it had ever been
his endeavour to have the liberty of the
fubjsft and the royal prerogative follow
both in one channel ; if either of them
crolFctl each other, we could expe£t no-
thing but a fubverfion of the common-,
wealth, either by tyranny or rebellion ;
that the prerogative was like the firft, the
liberty of the fubjed lil<£ the fecond table ;
either both or neither can be preferved ;

that

A COLLECTION of TRIALS.

tliat in his duty he flood obliged firft to the
King, as God's Anointed ■, then in the
fecond place to his country, if it did not
cro's the regal power. And therefore hoped
that what he had fpoken was fo far from
being treafon, t/iat he thought a thoufand
fiich expref!",ons would not n"ake up one
felony.

On I'Viday the two other expreffions were
followed ; that he laid, " lie would not
fuller his ordinances to be dilputed by law-
yers, before inferior judicatories, and that
he would make an acl of ftate equivalent to
an a£l of parliament."

To the firft he faid. That he had often
faid (more than once) that he would not
fufFcr his ordinance to be contemned ; be-
caufe, in him, his mailer's honour was
wounded.

'i"o the fecond, He thought a propor-
tionable obedirncc was dus to a£ls of ftate,
as well as to acts of parliament ; otlierwi e
they were made in vain, if that both did
not bind in one kind.

The Lord Cork (though his mortal ene-
my) vvas now examined, and admitted as a
witnefs, whom in his depofition lie con-
vinced of two fliameful overfights ; for
Cork had declared upon his oath, that the
Lieutenant had caufed to be interlined an
ordinance againft him.fclf, and hatl caufed
fow.c words to be fcraped out ; which words
were notwithitanding Itill found to be in
the fentence, by an authentic copy under
the hand of Sir Paul Davifon, Clerk to the
council-board of Ireland.

Then Cork alledged. That he had ad-
vanced a groom of his to be a preacher;
who by a teftimony from the Univerfity of
Dublin he verified to have been a mafterof
arts ten or twelve years before his advance-
ment; adding withal, that my Lord of
Cork was an excellent fcholar, who was
able to breed fuch grooms.

Upon Saturday, having done with his
cxpreflions, they canvalled the' firft article
about his adions.

Againfl: the lives of the King's fubjeds,
both in the cafe of the Lord Mountnorris,
and alfo another of the King's fubjecTs,
both of whom he had fentenced to death by
martial lav/, contrary to all law, and to the
manifeft fubverfion of the privileges of fub-
jefts. Magna Charta, and the J^etition of
right.

To the Lord Mountnorris's cafe, he re-
plied, ^

1. That though that fentence had been
unjuflly given £.nd rigoroufly profecuted'
againft him, yet. the greated crime that he
could be charged withal, wouLi butamount
to nianflaughter, or felony at the mofl:.

2. That he hoped (though this were_
true) to obtain a pardon from his gracious
mafter the King's Majefty, as well as Con-
way and Sir Jacob AlUey had lately done,
for exercifing martial law in the northern
army.

Then he replied to all the part."- of the
charge, which were four :

I. That he had exerciled martial lav/ in
time of peace.

To this he anfwered,

( 1 .) That all armiec have been, and mud'
be governed ever by martial law.

(2.) That there is a ftanding army in
Ireland, and therefore the cafe is-all one in
time of peace or war; and that the army
might be uncione, if they fliouki not Die mar-
tial law, but where lb expect remedy for
the fettling of a mutiny, or alfurance of.
obedience, from the couimon law.

(3.) That it had ever been the praflice
of the Deputies, particularly of Wilmor,
Falkhnd, Chichefter, yea Cork hj^nfelf;
and therefore v/as no new thing brought in
by him. This he proved, both by the pro-
duction of the inilirary ordinances, and by-
divers witneffts, who knew fentences given .
in that kind by them.

(4.) That he had a particular warrant in
hii commifllon for this power.

■'■'-'' " (5O That

A COLLECTION of TRIALS.

was known to be of an exorbitant and li-
centious tongue and fpirit. Adding, that

^5.) That in the Lord Mountnorris's

cafe, he was commanded to excrcife the
fame, by the King's particular letter : both
vvhich he cjull'd to be read.

I'he Iccond charge was. That he was
both parry and Judgt, in the Lord Mount-
norris'.s caufe.

To this he replied, That he had fitten in
judgment, becaufe he was on>; fine quo m;/,
the judgment could not proceed without
him; but that he was not Judge, but
party, appeared.

1. Becaule he fat difcovered all the time.

2. Becaufe he rtfufcd to give iiis own
opinion.

3. Becaufe he did not give his fuffrage
one way or other.

4. Becaufe he removed his brother Sir
George from having a hand in the procefs,
in regard of interell of blood.

The third charge was' That he proceeded
fummariiy in the matter of the Lord
Mountnorris,

He replied, Firfl:, That he was not
Judge in it, and that the council of war was
to be anfwerable in the juftification of their
-own proceedings.

Secondly, That after a long reafoning he
had heard them fay, that no delay could
fafely be granted in martial courts.

The fourth charge was. That he had not
heard the exceptions made by JVIountnorris
aeainfl his witnefles.

To this he anlwered, as before, Tliat he
was not Judge in the cafe, and that he re-
members no exceptions made againlt any
witnefTes. To which he added. That as
he had been regulated in his proceedings,
fo he had been mo.'erate in the execution
of that fentence ; for though the Lord
Mountnorris juflly deferved to die, yet he
had obtained hun the King's pardon, for
the faving of his life ; and procelted, that
he intended nothing by that fentence, but
in fome meafure to repair his own honour,
and to give Mountnorris fair reproof, who

if the houfe of Commons would go on the
fame way with him, and alTure him that
the ilTue of his charge (liould be nothing
elle but to admonifh him for the time to
come, he would thank them heai-t'ly for it,
and lludy amendment in ail [)retended over-
fights. And whereas Mou'Unorris com-
plained that he had jeenngly told him,
wlien the fentence was palFed and pro-
nounced agaiiifi him, That e'er he lolt his
head, himfclf would loie his hand ; he an-
fwen d, 'f hat he had been thought to be
very infolent and haughty, yet he was never
fo impertinent to ufe this cxprefiion. if
any fault were, it was for undervaluing
hinifelf, in faying, That e'er a hair of
iVJountnorris's Ihould pcrifh, he would lofe
his hand. And truly, (laiil he) if Mount-
norris would fay fo to me now, even in the
worll fenfe that can be conceived, That
e'er I died he would lofe his hand, I would
take it very kindly from him.

For the other man, he avouched that he
himfclf had voiced to hang him, both be-
caufe he was an errant thief, and alfo had
fled from his colours, which by the com-
mon law (and to this cffecT: he cited a
ftatute 20th of Hen. 6, and 7th of Hen. 7.)
is felony. He concluded. That feeing he
was not acceflfary to the fentence againfl
Mountnorris, had not fat there as Judge,
had a power to keep martial courts by his
commilTion, had not exercifed the fame
till a new command came from his Majefty,
had done no more than ever was pradifed
in Ireland before his time, and had at leaft
obtained Mountnorris's pardon -, he hoped
there was nothing acculable in him, but
his too remifs and too moderate proceed-
ings.

Mafter Glyn bitterly replied, That he
knew the time when the Eari of Strafford
was no lefs adlive and ftirring to enlarge the
liberty of the fubjeft, and advance the

petition

A COLLECTION OF

A I A L S.

3^^

petition of right, than now he is for extend-
ing liis own arbitrary and tyrannical go-
vernment.

To this he replied, without the lead
fcmblance of paffion, I'hat if at any time
he had done the leaft fcrvice to the Houfe
of Commons, he thought his whole life well
Ipent \ nor could they ever fo gracioudy
reward him, as to give commilFion to that
gentleman to exprefs fo much before that
honourable Affembly : But withal, if ever
any fuch thing was done by him, he intreat-
ed it might now be remembered, and might
now fcr>e to overbalance feme (light and
mean overfights committed by him ; which
he hoped fliould never make him guilty of
treafon, unlcfs it were treafon for a man to
have no more wit and prudence than God
and nature had bellowed upon him. And
lb much for Saturday,

Upon Monday he was charged with the
fixth article ; that he had ufcd a tyrannical
government, not only over the lives (as ap-
peared by the laft) but alfo over the lands
and goods of the King's fubjefts as appear-
ed by this article ; wherein he was charged
to have difpofleffed the Lord iVlountnorris
of a tenure of lands, by a fummary procefs
before himfelf, contrary to all law ; and
therefore had failed,

1. Againft the Aft 7 Hen. 6 which pro-
vides all matters to be determined by the
ordinary judges.

2. Againft the cautions fent to Ireland
by King James, exprefsly forbidding fuch
power hereafter to be exercifed.

3. Againft the King's late proclamation.

4. Againft the pradice of all deputies
before that time.

Withall they added, That it was a ty-
ranny that could not be exprefled, to exer-
cife this power over the perions of the peers
of the land, and their goods.

To this he replied. That for his part, in
matter of juftlce (under favour he fpake it)
he thought there was no diftindion to be

Vol. I. No. 2. L

made b . xt a peer of the land and one of
the commons, except they did think that
either fear or fadion fhould do fomething,
which had no place in him.
To the particulars :

1. That the Ad of Hen. 6. anfwered it-
felf fufficiently, both becaufe it excepted the
court of requerts (and that his proceedings
were nothing elle in Ireland) and alfo m>ikes
an exprefs rcfervation of the King's prero-
gative i which he faid was his ftrengih, be~
caufe he derived his commifTion from the
King, and that the ad was the moft exprefs
warrant in the world for him.

2. That he had not failed againft the
cautions given by King James,

(I.) Becaufe they were not charged up-
on him.

(2.) Becaufe they were never obferved,
nor could be by the deputies to whom they
were given ; which he proved both by wit-
nefles and writings.

(3.). Becaufe the caution made rather for
him than againft him, in that it contained
the word hereafter, which manifeftly im-
plied that the power had been fometimes
before exercifed in Ireland, and not only
by himfelf; and therefore thanked him for
that teftimony and hint.

(4.) That though the cautions had been
given to him, yet he had received an expreis
command from the King his mafter to put
that power in ufe : caufing the King's let-
ter, for that purpofe,to be read ; and profef-
ftng withal, that he was tender to exercifc
that power, till the King (induced by the
humble remonftrance of the meaner fort of
people) had moft peremptorily, and upon
moftjuft reafons, commanded him.

3. That he could not obey the King's
proclamation five years before it came out ;
and that he wifhedfrom his heart, that they
would but refped the King's commands
and commiffions with that tendernefs of af-

fedion

3? ACOLLECTI

fcdlon and obedience, as he did his procla-
mation?.

4. He proved it to be the conftant prac-
tice of all deputies that went before him.

It was objc(5led. That other deputies had
indeed upon iuiis of equity determined them-
felves, as tomattersofdebr,butneverof land.
He replied, h\r(\. That the fame autho-
rity reacheth as well to the one as to the o-
ther. Secondly, That neither he nor they
had ever given fentence, or determined any
thing concerning matters of inheritance -,
but only concerning violent intrufion,
which tell direcflly within a fuit of equity.
To which he added,

Firfl-, The equity of that court, that it
proceeds upon the fame grounds and evi-
dences as that of the common pleas, and
that he had the afTiftanceof two of the learn-
ed judges in deciding the controverfy.

Secondly, The profit of that court, which
dilpatcheth the poor in a day or two; where-
as the common law would keep them fo
many years, which they are notable to fuf-
tain.

Thirdly, the neceffity of that court in
that kingdom, which hath been ever go-
verned by that way, and therefore impofll-
ble to debar the natives from it, without
great inconvenience ; for it would utterly
vmdo them, and none is prejudiced by it
but the lawyers. And therefore feeing that
he had done nothing but what was cufto-
niary, necefTary, and equitable, command-
ed to it, and the fentence juft i he hoped
rather for thanks from the flate, than a
charge for his ill deportment. Withal he
{hewed with what extor;ion and violence
the Lord Mountnorris had taken fcizure of
that piece of land, and midc the playing of
his "rame to be very foul. And ai lalf he
added, that he had done no m re in Ireland,
that the court of Requclt m England ufual-
ly doth, and that the Chancery-court in
Ireland dwth the lame daily; and the lalt
Chancedor was never charged (faid he) for

ON OP T R I A L S.

fuch proceedings, though this his power and
authority was lefs than mine ; but the dif-
ference of the perfon and his authority (it
feemeth) difFereth the matter. And this
was the bufinefs on Monday.

On Tuefday they pafled by the 7th ar-
ticle, and the two firft parts of the 8th, a-
bout the Lady Hibbot's land ; that he had
violently thrult her from her pofieffion by
this fummary way of jullice, and afterwards.
purchafed the land to his own ule, by bor-
rowing the name of Sir Robert Meredith.

In this probation, the tcftimony of the
gentlewoman's own fon was ufed, of the
Lord Cork, and the Lord Mountnorris, all
his back-friends, or profeiTed enemies ; and
yet they proved very little, but what they
took upon hear-fiys. Their prime allega-
tion was,

Firft, that though the major-part of the
council-board had voted for the lady, yet
the Lord Lieutenant had given decrees a-
gainft her.

Secondly, that all w^as done to his owa
behoof.

To the firft, He produced the fentence
under the hand of the clerk of the council-
board, fubfcribed by the major part.

To the fecond. He attefted that he had
no under-dealing with Meredith ; for the
Lady had got her own lands back from the
faid Sir Robert Meredith. He alfo declar-
ed at length with what fraud and deceit the
Lady had come to her lands, and upon
what reafons they were reftored.

After this article they fell on the 9th, a-
bout the giving of commiffion to the Bifhop
of Downc and Connor, for apprehending
all fuch perlons, and prefenting them before
the council-board, as contemned the ccde-
fiaftical ordinances.

This was aggravated as a point mainly
againll the liberty of the fubjedt.
To this he replied :

Firft, He produced the Primate of Ire-
land's tellimony under his hand, (he being
I himfclf

A COLLECTI

hlmfelf fick) that the fame courfe had been
ufed in Ireland before -, and that Bifhop
Mountgomery his predeceflor in the bifh-
oprick of Meathe, had had the fame.

Secondly, he fliewed the equity that fuch
affiftance fhould be given to churchmen,
•who otherwife, becaufe of Papiftsand Schif-
maticks, either to God or the King, would
have no refpeft or obedieRce given them
in that kingdom.

Thirdly, He proved by two witnefTes
that fuch warrants were in ufc before his
lime.

Fourthly, He faid he had never granted
a-ny but that one, and had prcfently, with-
in fome few months, called the fame in a-
gain. What, (faid he) was the Bifhop of
Downe's carriage in it, he had no realon to
anfwer for : But he prefumed the Bifhop
could give a fatisfaftory anfwer for himfelf,
■when he fhould be called in queftion. And
fo he concluded, that a matter fo jufl, fo
neceffary, focullomary and praftical before,
he hoped fliould not be charged upon him
as an introduftion of a new and tyrannical
form of government ; and therefore fubmit-
ted himfelf to the mercy of God, and the
equity of his peers in his trial. And this
was the work on Tuefday.

The ability of this brave gentleman ra-
vifhed his hearers with admiration, though
he be infinitely fpent both in body and
mind by the cont nued and almoft uninter-
rupted agitation.

After the 9th article was pafTed, againfl
the commiffion ifTued in favour of the Hi-
fhop of Downe and Connor ; upon
Wednelday Mr. Glyn prcfceeded to the
roth article. The charge was. That the
Earl of Strafford having eftablifhed an ar-
bitrary and tyrannical government over the
lives, lands, and liberties of the King's fub-
jedls, his next defire was to make inrru'.-on
vpon the crown itfelf, that by applying to
his own ufe the public revenues, he might
be the more enabled to accomplifh his dif-

ONofTRIALS. 39-

loyal and traiterous intentions. To which-
end, having by a new book of rates en-
haunced the cufl:oms, he had gotten by his
leafe above twenty-f;x thouland pound
yearly. This (they added) was a crime of
a higher nature than thofe contained in the
preceding article!;, becaufe in thofe, there-
was fome colour or pretext of juftice, here
none; thofe in particulars, this^ in general;
thofe againll the fubjedt only, this againft
the King himlelf.

For the proof of the charge, they pro-
duced the leafe of the Duke of Bucking-
ham.

Which was read and compared with that
leafe to the Duchefs of Buckingham, (vvhiclr
the Lieutenant hath now by aflignment) and
fome differences fhewn, arifing to the fun>
of two thoufand pounds in the Duke's leafe;
only the moiety of concealed and forfeited
goods were due to him, but the whole goods
to the Duchefs in her leafe. Again, the
King's fhips of prizes did not pay cultom
in the Dtike's leafe; in the Duehtfs's they
did. Again, the import of the wines (then
belonging to the Earl of CarliOe) was not
in the Duke's leafe ; in the Duchcfs's it
was. Laftly, Whereas the Earl of Strafford'
paid but fourteen thoufand pounds per an-
num for the cullom, it was worth to him»
as was apparent by the books of the ex-
chequer, ft)rty thoufind pounds.

Witneffcs were examined.

Firil, Sir James Hay, who depofed. That
the Earl of Carlille had an advantage of one
thoufand fix hundred pounds per annum by
his leafe of wines

Secondly, The Lord Raneiaugh, vvho
depofed, That by the iiifpec^ion of the
books of accompts, he had found the cut-
toms to be anno 1636 thirty fix thoufand
pounds, anno 1637 thirty nine thouland
pounds, anno J 638 fifty-four thoufand
pounds, anno 1639 fifty-nine thoulands
pounds.

With tRc proofihey concluded the cliargr.

40 ACOLLECTIO

That notwithllanding the Lord Strafford
preccnilfJ a great meafure of zeal and ho-
nclly in his Mijedy's fervice, yet it is evi-
d^-nt he had abufed thetruft put upon him,
and by wiihdrawing lb great turns of mon';y
from the crown, had weakenM the King,
prejudiced the iubjeifts of the protection
they vve'c to expect from him, and had been
the caufe that the extraordinary way of im-
poft and monopolies had been undertaken
tor fupplying of the Royal neceffity. And
that this ad therefore ought to be enough
to make the charge and impeachment of
high treafon laid againft him.

The Lieutenant's reply was, That he
conceived he had given full fatisfadion to
all hitherto brought againft him about that
pretended arbitrary government ; nor would
he fpend time in vain repetitions : For the
prefent article, though in all its parts it
were graated to be true, yet he could not
perceive by what interpretation of law it
could imply the leaft act of treafon ; and
when it fhould be direftly charged upon
him as a point of mifdemeanor, opprefllon,
or felony, he made no doubt but he fhould
be very able to clear himfelf abundantly in
that point ahbi yet left any f;rejudice might
flick to his hojiour by tliefe bold airertions,
he was content to ftep fo far out of the way,
as to give anfwer :

Firft, Thar it concerned him nothing
vv-hat particulars in the leafe had pafs'd be-
twixt the King and the Uuchcfs of Buck-
rngham, or whether fhe had obtained a
nwre eafy condition than the Duke herhuf-
band, elpecially feeing that iame was grant-
ed fome years before his coming to that go-
vernment ; yet thus much he could fay,
That the Duchefs had paid thirty thoufand
pound fine; and therefore no wonder her
yearly rent was the lefs.

Secondly, For the book of rates (where-
in the chief matter of opprefTion and grie-
vance feemed to reft) the iame' was there
cftabliihed by the deputy Falkland, anno

N OP TRIALS.

1628, three years before his going into Ire-
land-, and therefore it was exceeding ftrange,
in his apprehenfion, how that could rife up
in judgment againft him.

Thirdly, That he had his intereft in the
cuftoms by affignation of a leafe from the
Duchefs, which was given her before his
government : Nor did he ever hear it al-
ledged as a crime of treafon, for a man to
make a good bargain for himfelf.

Fourthly- That not of his own accord,
but at the King's fpecial command, he had
undergone that charge, in hopes that upon
the enquiry into the worth thereof, the cuf-
toms might be improved for the benefit of
the crown, and the true value thereof dif-
covered. This he proved by the Lord
Cottington and Sir Arthur Ingram.

Fifthly, That when a new book of rates
was recommended to him by the council-
board of England, in the time of his leafe,
he fo far preferred a fear he had that the
trade of Ireland might thereby be difcou-
raged before his own commodity, as he
prefumed, in all humility, to refufe the faid
book of rates, and tendered his reafons there-
of to the kingdom and council-board of
England.

Sixthly, That he never underftood that
the cuftoms could arife to thofe great fums
alledged •, but though they fhould, yet his
advantage was but fmall. For firft divid-
ing the fourteen thoufand pounds he paid
to the King, then five parts of eight, which
was yearly given in upon oath (and that
procured firft by himfelf) at the exchequer-
board ; theother three partsdivided amongft
four of them which were equal fliarers in
the leafe, would not amount to any great
ium of money. And therefore except it
were treafon tor him to have improved the
King's revenue, encouraged the trade, and
refufed the new book of rates, he could in
his own weiik judgment difcern none there ;
nor could he think it a crime for him to
take an affignation of a leafe granted before

his

A COLLECTION of TRIALS-.

•his time, and to infift on the book of rates
uled before his coming over. And there-
fore was confident the lords would rather
take his accufation as an exercife of rheto-
rick in the gentlemen his adverfaries, than
as a thing fpoken in good earned by them.

The fame day the nth article, concern-
ing tobacco, was charged on him by the
fame man, Mr. Glyn, after this manner -,
That for the farther advancement of his
tyrannical and avaritious deOgns, he had of
himfelf ellablifhed a monopoly for the re-
ftraint of tobacco in that kingdom : where
they offered five pariculars to the proof;

ifl, That he had reftrained the importa-
tion of tobacco.

2dly, That in the mean time he had
brought in a great qantity himfelf,. and
fold the fame at exorbitant prices.

c^dly. That of tobacco already imported,
he had forbidden any to be fold but what
was firft fealed by his officers.

4thly, That upon a pretended difobedi-
ence he had punifhed a great number of
people by fcizures, imprifonments, fining,
whipping, pillory, and fuch like cruel and
inhuman ufages.

fthly. That by thefe means he had
gained one hundred thoufand pounds
yearly.

For proof hereof,

Firit, The proclamation for reftraining
tobacco was read.

Secondly, The proclamation about the
fcaling of the fame.

Thirdly, Some Witncffes, who declared
fhips had been retrained from landing to-
bacco.

Fourthly, Others, who had known ibme
tobacco feized on as forfeited.

Fifthly, The remonllrance of the houfe
of commons in Ireland, declaring that the
earl had fold 500 tun of tobacco, which,
6d. per pound, amounts to

fold at 2s.
loocol.

Vol. I. No. 2.

They concluded the charge. That he
had fucked up the blood, and eaten up
the king's liege people -, and had by this
one point of opprefiion railed greater fums
to himfelf, than all the king's revenue in
that kingdom extended unto. And there-
fore was liable to the crime of treafon, for
troubling the peace, and bereaving the peo-
ple of their goods, who were intruded tO'
his care and government.

The lieutenant's reply was,

That his mod fccret thoughts were con-
fcious of nothing but a fincere intention
and endeavour to promote and advance riie
welfare of that kingdom : and withal, he
conceived (by their leaves) that nothing in
that charge could have the lead reference
to treafon ; yet-, as he laid before, for re-
moving of all prejudice, he was contented
to anfwer :

Fird, That long before his coming to
Ireland the fame redraint had been of to-
bacco,, and the fame impod ot eighteen
pence per pound enjoined by king James.-

Secondly, That at that time tiie tradef-
men for this commodity paid but twenty
pounds a year to the crown for the impod,
but now 400I.

Thirdly, That tlie parliament in Ireland,
1628, had petitioned to have this impolt
fettled by an aft of date for ever afterwards,
as a part of the revenue of the crown.

Fourthly, That he had exprels com-
mand from the king for iflijing thofe pro-
clamations ; and therefore could not ima-
gine more danger in them, than in others
for monopolies in England, in the word
lenfe.

Fifthly, That the proclamations were
not put forth by himfelf alone, but bv the
whole council-board of Ireland.

Sixthly, That for the contract of tobac-
co, he was fo tender of it, that it was fenc
over hither, and feen and approved of by
the council-board of England before it was
conGcircnded to in Ireland..

M JEop

42 A C O L L E C T I

For the proclamations, he told them it
•was his own opinion, (and it he failed in
it, he humbly craved pardon, and hoped
ihat it fhould not be trealbn ro have no
more judgment tl.an God had bcilowtd on
him) that the kmg was endued by God
with a power to make temporary laws, and
caule the lame to be promulgated tor the
good oi' his people, iiponi"udden emergent
<ic.ca(ions ; to which laws obedi'.-nce is due,
till they be abrogated by enUiing parlia-
ments. That he rellrained no man from
importing tobacco, who was willing to pay
the appointed import. That for his part,
he had never trafficked in all his time in
ihat kind, nor had any part with the con-
tractors : and if any tobacco was feized on,
it was upon contempt of the proclamations,
/ind if any perfon were ccnfured to the pil-
lory Gr v^/hipping, it was for known per-
jury, the ordinary and ufual punifliment in
i'lich a cafe. Concerning the tobacco im-
ported, ( he faid) no confideration was taken
of the prices given for the tobacco beyond
feas, of the king's revenue of four thou-
fand pound, of the merchants pains and
danger in bringing the iame home. For
Jiis part, if any advantage were made, furely
it was not his ; nor could he ajinul every
rontracSt o; ieafe made by the king. And
therefore, Teeing his intereft was none, he
had done nothing but at the king's direftions,
and at the advice of the council-board ;
feeing the fame impofl: was in king James's
time, and petitioned for by themfelves in
'Ireland -, he hoped his carriage in the b.ufi-
nefs fliould be lb far from a crime of trea-
fon, that it fliould rather be thought no
crime at all. So much for Wcdnefday.

Upon Thurfday he was charged with
the I 2th article, concerning flax, by Mafter
Maynard, on this manner ; That the flax,
lieing the native and principal commodity
jof that kingdom, w:.s by him (the lieute-
n.mt) retrained, and the fubjcds put to
ihal which was unknown, yea, impolfible

ON OF TRIALS.

for the Irlfh to make the fame into Yarn.
Here they complained of three things -,

Firft, That by proclamation he had re-
(Iniined felling of flax

S eondly. That he liad ordered the
making of yarn of iuch and fuch lengths
and numbers of threads.

Thirdly, That the native Irifh being
unacquainted with fuch culloms, upon
pretended difjbedience, had all their tiax
and yarn Icizeu on to his ufe •, whereby a
great many families were reduced to fuch
penury, that they filed by great numbers
in the fields for want of food.

For proof hereof, they brought ;

Firfl, The proclamation about the re-
ftraint.

Secondly, The warrant for feizing the
forfcired goods.

Thirdly, The execution of the warrant
proved by Sir John Clotworthy, and Lord
Ranelagh.

Fourthly, The remonftrance from the
houfe of commons in Ireland, That upon
the rigorous courfe and execution of this
warrant many pcribns died tor want of
food. They concluded the charge there-
fore, though the article did not individu-
ally imply treafon, yet it did make very
much for the accumulation of treafon.

The lieutenant's reply was.

That, as before, he would, and nnifl
ever repeat it, that nothing was in the
charge that contained treafon. To the
.matter itieif he anfwered.

Firft, That the proclamations ilTued
forth were grounded not only upon conve-
nience, but upon neceffity ; becaufe that,
except fome way had been taken for order-
ing of yarn, the merchants had ablblutely
given over the linen-trade in that king-
dom.

Secondly, That the council-board was
as liable to the charge as himfelf, amongfl
whom were at that time the primate of
Ireland, the archbifliop of Dublin, Chan-
cellor

A COLLECTION of TRIALS.

cellar Loftus, and the Loj-(,l Moiintnoiris,
ali lublciib.rs to the procLimation, men
to them of known integrity and judg-
ment,

'I'hircily, That nothing v/as more com-
moa than for the council-board of Ireland
to give orders for reducing the natives to
the linglifh cuftoms, and to fine them for
drawing their horfes by the tails, during
their corn, and fuch like ; and he con-
ceived that to be a thing of the fame na-
ture.

Fourthly, That the fpecial thing indu-
cing him to it was, becaufe he perceived
the trade of wool to increafe much in that
kingdom. He din'uaded by all means the
making of woollen-cloth, becaufe of the
infinite detriment that might happen there-
by to the kingdom of England ; and there-
fore thought this the bed way to encou-
rage the wear of linen-cloth. For the
warrant to feize upon the goods, he af-
firmed the fame to be neceflary, becaufe
there fliould be no contempt to procla-
mations : but that any pare thereof did
accrue to him, he flatly denied. If any
rigour was ufed in the execution, he faid
not he, but his officers were to anfwer for
it V for this might happ.n in the mofl: juft
and neceffary commands ; nor was there
ever any complaint prefcntcd to him of any
fuch matter. For his part, he hail loft
thirty thoufand pound in the manufadure,
cdablilhed by himfelffor the encourage-
ment of others.

To that, that perfons died by this means,
he replied. That it was mor.- than ever he
heard, or could think poffible ; yea, that
he was cleared by the allegation itfeif,
which faith that the fame happened fince
his coming from Ireland.

To the remonftrance of Ireland, he con-
ceived. That a charge was but a (lender
proof of a charge •, and that efpecially upon
interrogatories, not upon oath, feeing that
privilege was not due to the houfe of com-

mons neither here sor there ; that he might
fay it in truth and mo^elly, he dcfcrved
much better of that people, and might
take up that in the gofpel, " For which of
all my good deeds, &c." yet lie hoped to
be better underitood Hiortly both here and
there. And for his pait, though his pur-
luit had been hot, yet God was his wili.ci's
he never intended to take the lealt impref-
fion of revenge for thofe difcontents and af-
tronts which had been eagerly put upon
him ; or to carry any thing hence with hiai
trom th.« bar, wliere fo many foul afpci'-
fions had been unjulfly thrown upon him,
but on\y gratuitas cicatricis.

The lame day a frefli man (Mailer Pal-
mer) entered the lifts againft him ; who
having paft by, for want of proof, the
liiirteenth, fourteenth, and part of the fif-
teenth articles, infifted only upon the fe-
cond parr, for giving warrant to Serjeant
Savil for feizing and laying foldiers upon
the fubjeds. He charged thus ; That the
Lord Strafford, having by a tyrannical
power inverted the ordinary courl'e of juf-
tice, and given immediate fentence upon
the lands and goods of the king's fubjefls,
under pretence of diobedience, had ufcd
a military way for redreffing of the con-
tempt, and laid foldiers upon the lands and
goods of the king's fubjefts, to their utter
ruin. This article (he faid) of itfclf did
contain an individual treafon ; fo that if
there were no more than this, it were more
than lufficient to convince him of his im-
peachment.

Here he offered two things ;

Fufc, The proof of the point.

Secondly, By what ftatuce this acl of ty-
ranny diredly, and by itfclf, implied trea-
fon. For the firft, Serjeant Savil was called,,
who produced the copy of the warrant up-
on which he had fettled the foldiers.

At this the lieutenant rofe, and humbly
intreated the lords no evidence fi-jould be
received againft him upon an article of fuel*

importance,

A COLLECTION of TR

importance, but w!ut might be thought
authentick -, and luch a one, tinder favour,
he conceived that copy not to be :

Firll, B-'caufe no tranfcripr, buttheori-
ginjl only, can make faith before the
King's-Bench in a matter of debt •, there-
fore fsr be it from them to receive a mofl:
fler.dcr tellimony in matter of life and death,
before the I'upreme judicatory of the king-
dom.

Second] V, If copies be at any time re-
ceived, they are fuch as are given in upon
oath, to have been compared with the ori-
ginals, which are upon record ; fuch an one
was not that copy.

Jt was replied by MafterGlyn, (for all of
them fpake as occafion ferved) That the
houfe had but the day before admitted
copies as evidences, much more fhould
they do this, when it was profecuted by the
officer himfcif, who beft knew it, having
executed the fame.

To this 'he Lieutenant anfwered. That
all other copies ought to b^^ received upon
oath, to have been compared with the ori-
ginal, as right reafon requireth •, but that
th's was not fo ; and for the officer himfelf
producing ir, that was the beft argument
he could ufe, why it fliould not be ad-
mitted. For (faid he) Mafler Savil may be
charged with treafon, for ccfTing men of
war upon the King's fubjcds ; he hath
nothing for his defence, but a pretended
warrant from me. Now what he fwears to
my prejudice, is to his own advantage ;
nor can a man, by any equity in the
world, be admitted to teftify againft ano-
ther, in fuam jujlificationem.

The point feemed exceeding weighty,
and in effect was the ground-work of the
whole article ; which not proved, nothing
could evince him to have bee-n ncccflaiy lo
the confcquence. The u[iper houfe tliere-
fore adjourned themfelves, and went up to
their own court; and after a very hot con-
tertation between the fadions, and above

I A L S.

an hour's (lay, they returned, amd declarcJ,
that the Lords, after mature deliberation,
had refolved that the copy fhould not be
admitted ; and defired them to proceed to
other proofs; which after a little paufe they
did,

Firft, the Lord Ranelagh affirms, that
he heard of fuch a warrant, and knew
fometimes three, fometimcs five foldiers
billetted by it.

Secondly, Matter Clare declares the very
fame.

Thirdly, Another depofeth, he had feen
fuch a warrant under the Deputy's hand
and feal. And fo much far the proof.

For the ftatute they allcdged one of Ed-
ward III. 6. That whoever flimild carry
about with them Enghlli enemies, Irifh
rebels, or hooded men, and cefs them upon
the fubjed, fliould be punifhed as a traytor.
Another of Hen. VI. 7. That whofoever
fhould cefs men of war in his Majefly's do-
minions, fliould be thought to make war
againfi: the King, and punifhed as a traytor.
They concluded. It was evident the Lord
Strafford had incurred the penalty and
breach of both the ftatutes, and therefore
defired the Lords fhould give out judg-
ment againrt him as a traytor.

The Lord-Lieutenant's reply "was. That
in all the courf- of his life he had intended
nothing more than the prefervatioa of the
lives, goods, and welfare of the King's
fubjefls -, and that he dared profefs, that
under no deputy, more than under himfelf,
had there been a more free and uninter-
rupted couri'e of jultice.

To the charge he ant'wertd, Firfl, That
the culloms of Ireland differed exceedingly
from the culloms of England, as was clear
by Cook's book ; and therefore though
ceffing of men might feem itrange htHe,
yet not fo there.

Secondly, That even in Englind he had
known foldiers prelJed upon men by the
Frcfidents of York and NValcs, in cafe of

known

A COLLECTION of TRIALS.

known and open contempts ; and that both
in point of outlawry and rebellion, and alio
even for Turns of debt between party and
party, there is nothing more ordinary than
thefe cefllngs to this day in Scotland,
whereby the chief houfe of the owner is
feized upon.

Thirdly, That to this day there hath
been nothing more ordinary in Ireland, than
for the govcrnours to appoint foldiers to put
all manner of fentences in execution ;
which he proved plainly to have been done
frequently, and familiarly exerclfed in
Grandifon's, Falkland's, Chichefter's, Wil-
mot's, Cork's, Evcrs's, and all preceding
deputies times ; and had even for out-
lawries, for the King's debts in the Ex-
chequer, of coiledlion, of contribution-
money, and (which comes home to the
point) for petit fums of money between
party and party ; fo that he marvelled, qua
frcnte, or with what boldnefs it could be
called an arbitrary government lately
brought in by him.

To this the Lord Dillon, Sir Adam
Loftus, and Sir Arthur Tcringham, de-
pofed ; the laft of whom told, that in
Falkland's time he knew twenty foldiers
celTcd upon a man for refufing to pay fix-
teen {hillings fterling.

Fourthly, That in his inftruiflions for ex-
ecuting his commidions, he hath exprefs
warrant for the fame, as were in the in-
ftruftions to the Lord Falkland before
him; both of which were produced and
read.

Fifthly, That although all thefe prece-
dents were not known, yet it were not
poITible to govern the kingdom of Ireland
otherwife, which had been irom all times
accuilomed to luch fummary proceedings.

Sixthly, That no teflimony brought
againft him can prove that ever he nave
v.'arrant to that effc<ft ; and for the deeds of
thr Serjeant at Arms, he did conceive hin>
fclf to be anfwerable for it.

Vol, I. No. 3. N

As for the ads of parliament, he had re"
ferved them to the difpute of his lawyers;
but was content to fay thus much for the
prefent.

Firflr, That it is a ground in the civil
law, that where the King is not mentioned,
there he cannot be included •, but (with all
deference to his facred perfon be it fpoken)
he conceived himlelf to be in his mafter the
King's place (for fo his commilTion did run)
in that kingdom of Ireland.

Secondly, The words of the ftatute are
not applicable to him ; for God knows, he
never went about in perfon to lay foldiers
upon any of the King's fubjefts.

1 hirdly. That the King's own foldiers,
requiring in a cuftomary way obedience to
his orders, could in no conftrudion be
called Irifii rebels, Englilh enemies, or
hooded men.

Fourthly, That the ufe and cuftom of
the law was the bed interpreter thereof;
and for that he had already jpoken enough.

Fifthly, That it favoured more of pre-
judice than equity, to (larc cut fuch an old
llaiute againft him, and none others,
though culpable of the fame fad, to the
overthrow and ruin ot him anJ his poflerity,.

Sixthly, That (under favour he con-
ceived) for any Irifli cuflom, or upon any
Irifli flatute, he was to be judged by the
peers of Ireland.

Seventhly, That ftatute, of what force
focver, was repealed ;

ill. By the tenth of Henry VII. where
it is exprefsly declared, nothing fhall be re--
puted treafon hereafter, but what is ib de-
clared by the prefent ftatute t now not a
word there of any fuch treafon.

2dly, By the eleventh of Qiieen Eliza-
beth, where exprefsly power is <^iven to the
deputy of Ireland, to cefs and lay foldiers,
although the fame be reputed treafon in any
other.

To the ftatute of Henry VI, he replied.
That a flender anfwer might ferve ; he-
hoped

46 A C O L L E C T 10

Iv)ped i!ut no nun would think him to in-
confiderate to war aEainfl: the King of

Britain and Ireland, by the ccffing of five
Joldiers -, that he had been charged by
many for taking arms for the King, but to
xhat time never for takine; arms againfl;
him ; and that he heartily wilhed, that no
man in all Jiis Majefty's dominioni had more
prj:^tices with rebels and rebellious defigns
againft the King than himfclf. So much
■tor Thurfday.

At the dole he defired the intermiffion
■ df a day, that he might recoiled his fpirits
aiul ftrength againll the next quarrel; and
witli fom.e difficulty obtained reft till
Saturday.

Upon Saturday Mr. Palmer proceeded to
the iixteeath article, and charged thus;
That the Lord Strafford having eftablifhed
a tyrannical and independent authority, by
giving fummary decrees and fentences, had
deprived the fubjeft of all juft remedy ; for
in that kingdom there was none fupreme to
himfelf, to whom they might appeal ; and
left their juft grievances might be made
known to his Majefty, he had obtained a
reftraint, that no complaint fliould be made
of injuftice or opprefTion done there, till
the firft addrels had been made to himfelf,
and that no perfon fliould come our of that
kingdom but upon licence obtained from
Jiimfelf.

For proof of this, Firft, The inftruftions
were read, whereby that reftraint was per-
/mitted.

Secondly, The proclamation, that all no-
•blemen, gentlemen, undertakers, officers,
or other fubjeCts that ftiould refort into that
kingdom, fhould not come from thence
without a licence from him.

Thirdly, That he had reftrained the Earl
of Dcfmond, becaufc of a fuit in law de-
pending between the Earl and himfelf, till
publication of the fame was pafled.

Fourthly, That the Lord Roch being
informed againft before the Star-Chamber,

N or T R I A L S.

•he would not licence him to come into this
kingdom, till the fentence was palled againft
him.

Fifthly, That one Marchatee having
pretended a mind to travel, was denied a
licence.

Sixthly, That the wliole committee for
the parliament was reftrained this laft year
by Deputy Wansford, which they faid
might be interpreted to be his fa6>, both
becaufe they had fuch intelligence the one
from the other, as alfo by the proclamation
iftued by him before.

Seventhly, That one Parry, fervant to
Chancellor Loftus, was fined five hundred
pounds at his return, for departing Ireland
without licence.

Eighthly, That the Irifti Remonftrancc
complained of this, as the greateft inno-
vation and thraldom put upon them fincc
the time of the conqueft.

They conclude the charge, That by this
means having taken off that intelligence
which ftiould be between the King and his
people, and having deprived them of that
remedy which in rcafon they might expeft
from fo juft and fo gracious a Prince, he
had taken upon him a royal and indepen-
dent power, and had faulted highly both
againft King and ftate.

The Lieutenant's reply was. That he
hoped to make it clear, that he had done
nothing in that particular, but what was
ufual, neceffary, and juft; and that he
fliould be very well able (by the grace of
God) not only of that, but of all other his
public adions, to give a reafonable account,
though not free from much weaknefs, yet
certainly from all malice and treafon.
To the particulars :

Firft, For inftrudions laid upon him, he
was not fo much chargeable as thole of the
council of England, whereof there was a
great many prefent who could witnefs their
commands ; but left any thing ftiould feem
unjuftly enjoined by them, or embraced by
[ him,

A COLLECTION of TRIALS.

him, he defired that the reafons of their
inrtruclions might be read •, which were,
"• That it were injuftice to complain of in-
jiiiies, of opprefilon done in that kingdom,
till firlt the deputy's judgment was in-
formed, and tryal made of his integrity •,
that it would much difcourage the minifl:ers
of ftate there, and expend the monies of
that kingdom, if upon every trifling bu-
finefs complaints fhould be admitted in
England ; and that if juftice were there de-
nied by the deputy, it fhould be lawful for
any man to come over."

Secondly, For the proclamation, that the
fame was builded upon the ftatute of that
kingdom, the 25th of Henry VI. which
contained the fame reftraint verbatim.

Thirdly^ That anno 1628, the agents
for the IrilTi nation had petitioned tor the
fame from the King.

Fourthly, That the Depirty Falkland
had fet forth the fame proclamation.

Fifthly, That he had the King's exprefs
warrant for it, anno 1634, which was read.

Sixthly, That he had received the war-
rant in January, yet the proclamation
iflued not out till September after.

Seventhly, That the whole -council-board
of Ireland had not only -condefcended, but*
alfo prelTed him to it.

Eighthly, The neceflity of the kingdom
required the fame •, for if the gentlemen
had the ports open to go to Spain, and
their fcholars to Doway, Rheims, or St.
Omers, it were likely at their return they
would put fire both in church and ftatc,
and produce very fad events, by praflifmg
to diltemper both.

Ninthly, He conceived that the King,
as great mafter of the family, might re.
ftrain whom he pleafed from departing his
kingdom without his privity ; and here it
was not lawful for any to go from En-
gland without licence ; how much more
necefiary was this from Ireland ?

To the proofs he anfwered, Fiift, for
Defmond, he sranred he was reftrjined
indeed, but not for any iuit of law be-
twixt them, but becaufe at that time he
flood charged with treafon before the coun-
cil in Ireland, for practifino agamlt the
life of one Sir Valentine Cooke.

Secondly, For the Lord Rock, he had
oftentimes marvelled with what realon the
man at that time could fee a licenfe, fee-
ing he was a prifoner for debt in the caflle
of Dublin ; and if he had granted a licenfe
to him then, it had been a far more jull
charge of treafon than now.

Thirdly, For Marchatee, he was afraid
of his going to Spain ; and if he had inten-
ded to go tor England, and complain of
himfelf, he would not have refufed him li-
berty, as he never did to any.

Fourthly, That the committee of Irifh
was not reftrained by him, and therefore
did not concern him at all.

Fifthly, That for Parry, he was fined
indeed, but that it is exprefly faid in iiis
fentence, that it was not for coming over
without licenfe, (as is fuggefled) but for
fundry contempts againfl the council-board
in Ireland.

Sixthly, That he had replied in the
lafl article, a remonftrance was no proof at
all. He concluded, that he hoped the Jeafl
fufpicion of treafon could not acciue to him
from the article : for oppreflion or mifde-
meanour, when it was laid to his charge,
he made no doubt but he fliould be able
to anfwer it.

The fame day a new man was hurried
out againfl him, (Mr. Whitlock) who hav-
ing paired over the 17th and i8th articles,
relteth on the 19th, about the oarli admi
niflered to the Scots in Ireland, and
charged thus :

That it was the height of his tyranny,
not only to domineer over the bodies, but
alfo over the confcienccs of men •, to which

purpofe

A COLLECTION of TRIALS.

purpofe he had enjoined an oath to the
Scots in Ireland : and becaufe fome out of
te.idernefs of confcicnce did refufe to take
the lame, he had fined them in great fums
(f money, banifhed a great number from
that kingdom, called all that nation tray-
tors and rebels •, and faid, if ever he re-
turned home from England, he would root
them out borh llock and branch.

For proof of this Firft:, Sir Jammy
Mountgomery was produced ; who de-
clared at large how that oath was con-
trived.

Secondly, Sir Robert Maxwell of Or-
chiardon, who fpake to the fame pur-
pofe.

Thirdly, Sir John Clotworthy, who de-
clared that a great number had fled the
kingdom for fear of that oath.

Pourthly, One Mr. Samuel, who de-
pofed, th.1t upon the tenth of Odober
1638, he heard the deputy fay thefe words,
" That if he returned, he would root them
out llock and branch."

They concluded, That this was a point
of the nioft tyrannical and arbitrary go-
vernment, that before this time was ever
heard of, not only to lord it over the for-
tunes, but alfo over the fouls of men : and
that it refled only in the parliament, which
hath the legiflative power, to enjoin oatlis.
And that therefore this was one of the chief
points he had done againft the privileges
and liberty of the lubjedf.

The lieutenant replied. That every new
article acquainted him with a new treafon ;
that if he had done any thing in all his life
acceptable to the king and country, he
conceived it to be this.

To thefe particulars •, Firfb, He defired
the lords would call to mind the condition
of thole times-, no man (pointing to my
Lord Steward) knows better than your
lordfhip, who had then the chiefefh place
in his majeily's fcrvice. I would be very
forry to rub (faid he) old forcSj efpecially

feeing I hope things are in a fair way to a
firm peace, and I wilh that I may not be
deceived, that is, that it may be fo ; only
thus much I may fay, we had then greater
fears and apprehenfions in Ireland, left the
Scots in the kingdom (who were above one
hundred thoufand fouls) might have joined
with their countrymen at home, for the
difturbance of our peace: mean time we
detefted a treafon of betraying of the caftle
of Knockfergus to a great man in that
kingdom, (whofe name I now fpare) by one
Freeman, who upon the difcovery was ex-
ecuted.

The council-board therefore in Ireland
refolved to prefcribe the Scots an oath,
whereby they might declare their difcon-
tent at their countrymens proceedings, and
oblige themfelves to the king's fcrvice :
but while we were about this, they of their
own accord came to Dublin to petition for
it, and took it with a wonderful alacrity
and heartinefs; fo that it is a marvellous
falfhood for any man to fay it was invented,
or violently enjoined by me.

Secondly, About the- fame time the fame
oath, verbum verh, was by the council of
England prefcribed to the Scots, at Lon-
don and elfewhere ; which was no fmali
encouragement to us in Ireland.

Thirdly, I had, (faid he) which I never
fnewed, becaufe I had no need before this
time, a fpecial warrant from the king, all
written with his own hand, to that eflfedl :
and when the king comiinands a matter not
contrary to law, truly I (faid he) do con-
ceive it both contrary to law and confci-
ence not to yield him all due obedience.
F"or the proof brought againft him, there
was nothing feemed to be of any moment
but the words.

For the firft words, " That he had
called all the nation rebels and traytors,"
he faid there was no proof at all, nor in-
deed could there be any : for if I had faid
if, (quoth he) I had been perfectly out of

A COLLECTION of TRIALS.

my wits ; and, he thanked God, fiich ir-
rational Ipcechci ufed not to efcape him.
He honoured that i<ingdom very much,
becaufe it was the native ioil of our dread
fovereign, his gracious mafter ; and be-
caufe he knew a part, yea (he hoped) the
greatctl part of them, had been, and ever
will be, as loyal and dutiful to the King as
any other of his fubjefts : and of thofe too
who had fubfcribed that unhappy combi-
nation, he knew a great many had done it
againft their hearts and wills, and would
be ever ready upon occafion to remon-
Itrance the fame, by adhering to the King's
fervice. So that this acculation was no-
thing but a wrefting and perverting his
words and meaning, of purpofe to make
iTim odious, and irritate a whole nation
againft him.

For the other words, they were proved
only by one witnefs, which could make no
lufficient faith •, and that witnefs too he
would evince, if not of perjury, yet of a
notable miftake : for he had fvvorn pofi-
tively that he had fpoken thefe words the
tenth of 06tober, whereas he was come
out of Ireland into England the twelfth of
September before, and was at London the
one and twentieth.

For thofe that had fled the kingdom be-
caufe of that oath, he knew none fuch ;
and if they did, they fled into Scotland,
which might fufficientiy argue their inten-
tions and refolutions. P'or his part, if they
were not willing to give that teftimony of
their loyalty to their Prince, although he
had known of their departure, he would
have been very loth to have kept them a-
gainft their wills, but fhould have been
gladly rid of them, and have made them a
bridge to be gone, rather than ftay.

Upon Monday, Mafter Whitlock pro-
ceeded to the 20th article, and told him.
That becaufe the matter was intervenient,
y concimilis naturae, they had refolved to
join the five next articles together, becaufe

Vol. I. No. 3.

all of them tended to one point or period •
that is, to fhew what bad defign he had>_
to have fubdued the kingdoms both ot
England and Scotland by force of arms,
and to reduce them to that arbitrary go-
vernment he had lately introduced into Ire-
land.

The Lieutenant intreated that they would
proceed according to the order prefcribed
by the houfe, which was article by article :
he faid, five articles were many, the matter
weighty, his memory treacherous, his
judgment weak.

It was bitterly replied by Mafter Glyn,
That it did not become the prifoner at the
bar to prefcribe them in what way they
fliould give in their evidences.

The Lieutenant modeftly anfwcred. That
if he flood in his place, he would perhaps
crave the like favour, unlefs his abilities
did furnifli him with more ftrength than he
could find in himfelf : for his part he was
contented they ftiould proceed any way,
always provided they would grant him a
competent time for replying.

Then Whitlock went on, and told the
Lords, That fomeching in thofe articles con-
cerned the Scotifli, fomething the EngliOi
nation. That which concerned the Scotifli,
he reduced to five heads :

Firft, That the Deputy had faid at the
council-board, *' That the Scots demands
contained fufficient matter to perfuade to
an offenfive war."

Secondly, " That the fame demands
did ftrike at the root and life of monarchi-
cal government, and were only to be an-
fwered by the fword."

Thirdly, That he had caufed feme Scot-
ifli goods and fliips to be feized on in Ire-
land.

Fourthly, That he had engaged the Irifli
parliament, by their declaration, in that
war againft the Scots.

Fifthly, That by all poflible means he

had put bad thoughts and fufpicions into his

O Majefty

A COLLECTI

Majefty againft his Scotifli fubjects, and la-
boured to make a national quarrel between
them and England, which, if the King's
piety, and the prudence of betcer-affedled
llatefmen had not prevented, could not
liave been foddered up again without much
blood.

Concerning England, his fpecclies were
either before or after the parliament.

Firft, before his creature and bofom-
friend Sir George Ratcliff, he had laid to
Sir Robert King, when he was doubting
how the King might have monies to pay his
armies, " That the King had four hundred
thouliind pounds in his purle, thirty thou-
fand men in the field, and his fword by
his fide -, and if he wanted money after-
wards, who will pity him ?"

Secondly, That his brother Sir George
Went worth had faid to Sir Robert Barring-
ton, upon the dilTolution of the laft parlia-
ment, " That feeing the Englilh would
not grant fupply to the King, it feems they
were weary of their peace, and defired to
be conquered a fecond time.

Thirdly, That he himfelf, upon a dif-
courfe with the Primate of Ireland, had
faid, " That he was much of the mind of
thofe Englifii divines, who maintained it
lawful for a King, having tried the affec-
tion and benevolence of his people, and
then denied their help, upon an inevitable
necefTicy and prefent danger of the king-
dom, that he might ufe his prerogative for
his own fupply, and the defence of his
fubjecls."

Fourthly, To the Lord Conway, in a
difcouife, he had faid, " That if the Par-
liament (meaning the laft Parhament)
fhould not grant a competent fupply, that
then the king was acquitted before God
and man, and might ufe the authority put
into his hands."

Fifthly, That he did fay at the council-
board, " If the Parliament (liould deny to
help the King, he would take any other

ON OF T R I A L S.

way he could for his Majefty's fervice and
afliftance."

His exprefilons after the Parliament were
two :

Firft, " That the Parliament had for-
faken the King, and that the King Ihould
not fuffer himfelf to be over-maftered by
the frowardnefs, obftinacy, and ftubborn-
nefs of his people."

Secondly, " That if his Majelly pleafed
to employ forces, he had fome in Ireland
that might ferve to reduce this kingdom."

The proofs for the Scots particulars,
were thefe :

Firft, The Lord Traquair, who v/as
indeed very favourable to the Lord Lieu-
tenant, and fpake nothing to his difadvan-
tage but what was (l-;revved from him ; with
much difficulty he told them, That when
he gave in the dem.ands, he heard him fay,
" That it was high time for the King to-
put himfelf into a pofture of war;" but
that firft all the council of England faid the
fame as well as he. 2dly, That it was a
double fuppofition : i. That the demands
were truly given in. 2. That there was
no other remedy left but arms, to reduce
them.

Secondly, The Earl of Morton's tefti-
mony (being fick himfelf) was produced,
and it was one and the fame with the ar-
ticle.

Thirdly, Sir Henry Vane was examined, -
who declared. That he had heard the Lieu-
tenant to advife the King to an olfenfive
war, when his own judgment was for a de-
fen five.

Fourthly, The teftimony of the Earl of
Northumberland was produced, which was
the very fame with Sir Henry Vane's.

Fifthly, The Treaiurer of England de-
pofed the fame with 1 raquair.

Sixthly, One Beane, Irom Ireland, told.
That he had known fiiips leized on there ;
but by whofe procurement or warrant he
knew not.

A COLLECTION or

To the articles about England :

Firft, Sir Robert King and the Lord
Ranelagh depofed the fame, That Sir Ro-
bert King and the Lord Ranelagh had heard
Sir George RatclifF Ipeak thole words in
the article.

Secondly, Sir Robert Barrington, of Sir
George Wtntworth.

Thirdly, The Primate's teftimony (who
is fickj was the fame with the article.

Fourthly, The Lord Conway depofed
the fame with the article.

Fifthly, Sir Henry Vane depofed. He
had heard thofe words fpoken at the coun-
cil-board.

For the words fpoken after the parliament.

To the firft. Sir The. Jermyne, Lord
Newburg, Earl of Briftol, Earl of Holland,
were exuiTiined. Briftol did mince the mat-
ter, but Holland's teftimony was exprefs,
becaufe of the exceeding great love he car-
ried the man.

For the laft, which were the mofl dange-
rous fpeeches, (about reducing of this king-
dom) there was only Sir Henry Vane's
teftimony ; who declared only thus. That
he had iieard either thofe words, or the
like.

Flere fome of the Lieutenant's friends
fhewed themfclves :

1. The Lord Savil, who defired of Sir
Henry Vane to know whether he faid their,
or this, or that kingdom ; and withal faid,
It was very hard to condemn a man for
treafon upon fuch petit circumftances.

2. The Earl of Southampton defired to
know, whether Sir Henry Vane would
fwear thofe words pofitively or not. Sir
Henry Vane faid, pofitively either them
or the like. The Earl replied, That un
der favour '■ thofe or the like" could not
be pofitive.

3. The Earl of Clare defired to know
what could be meant by this kingdom \ for
his part f he faid) he thought it meant of the
kingdom of Scotland, to which the word

TRIALS. 51

this might very well be relative, that king-
dom being only mentioned in the preceding
difcourfe : and that he was the more ready
to be of that opinion, becaufe he could not
fee by what grammatical conftrudtion it
could be gathered from his words, that he
meant to reduce England, which neither ihen
was, neither is now (God be thanked) out
of the way of obedience, nor upon rebelli-
ous courfes.

Tiiey at laft concluded the charge, That
the words were fo monftrous, that to aggra-
vate them, was to allay them ; and there-
fore tliey would fimply leave them to the
judgment of the Lords.

The Lieutenant's reply was :

That though the heaping up of thofe
articles had put him to a great confufion,
yet he would endeavour to bring his an-
fvver into the beft method he could ; and
firft he would reply to the proof, then add
fomething in general for himfelf, in what a
hard taking and lamentable condition he
was to have his private difcourfes, his moft
intimate and bofom-friends fearch'd and
\ fifted to the leaft circumftance, that he
might feem guilty of that which, by God's
afilftance, he fhould never be.

To the Lord Traquair's, and the Depu-
ty's depofitions, he thought their proofs did
not much ftick upon him. For upon the
fuppofitions, Firft, That the demands were
true-, Secondly, That they were not jufti-
fiable i Thirdly, That no other courfe
could prevail : He could not fee what o-
ther advice he could pofTibly give the King,
than to put himfelf into a pufturc of war,
efpecially feeing tlien there were frequent
reoorts of the Scots invadiny; or enterincc
into England ; nor was he of any other
mind than all the reft of the council-board.

For that of Morton's, lie doth not po-
fitively remember the words, but if the de-
mands were read, perhaps they would im-
ply nothing lefs ; and if fo, how otherwife
to be aniwered but by the fword, all otlier

msanj

A COLLECTION of TRIALS.

means being firll effliycd, which is ever to
be fuppoied ?

For Sir Henry Vane's and Northumber-
land's teftiniony, about perfuading of an
ofFenfive war, he iaid, 1 le remembered it
very well, and thought it as free for him to
give his opinion tor an offbnfive, as they tor
a dcfenfive war. Opinions, faid he, if they
be attended with obftinacy or pertinacy,
may make an hcretick, but that they ever
made a traytor, he never heard it till now •,
nor (under favour) fhould I be an heretick
either, ^faid he,) for as I v/as then, fo am I
nov/, moft willing to acknowledge my
v/eaknefs, and correct my errors, whereof
no man hath more, or is more fcnfible of
them, than I myfelf : yet if that opinion of
mine had been followed, it might perhaps
have fpared us fome money (laid he) and
fome reputation too, of which we have been
prodigal enough.

For the laft, about the fliips, it proves
nothing : but he would willingly conteis,
that fome fl:ips weretbere detained, and that
by himfelf, and his own direftion, as Vice-ad-
jniral of Connaught, but it was atthe com-
mand of the Lord Admiral the Earl of
Northumberland ; and produced his letter
to that purpole.

To the Englilh proof: He marvelled
much how Sir George RatclifF's words
could be put upon him ; Sir George (tho'
alledged to be his bofom-friend, yet) had
thoughts of his own, and might have fome
other thoughts in his bofom, and be to fome
other exprcffions than Sir George Ratcliff :
No man (faid he) can commit treafon by
hia attorney •, and fhould I, by my friend
Sir George, as by a proxy ?

For his brother : He never knew him
before fo raih-, but that wasnothing to him,
except they could prove a nearer identity
tlian nature had inftituted, and that his bro-
thers words and his were all one •, yet with-
all he conceived that his brother's words
might be very well underftood of the Scots

conquering England, but not at all of the
Irifli ; and fo he wifhed with all his heart,
that he had not fpoken fomething which is
like a prophecy.

To the Primate's teftimony (with all re-
verence to his integrity be it fpoken) he is
but one witnefs, and in law can prove no-
thing : Add to this, (faid he) that it was a
private difcourfe between him and me, and
perhaps fpoken by me tendandi gratia ; and
hovvfarthis fhould be laid to a man's charge,
let your Lordfhips judge.

Yea, this feems to me againft humanity
itfelf, and will make the fociety of men fo
dangerous and loathfome to us, that our
dwelling-houfes will be turned to cells, and "
our towns to defarts : That which God and
nature (our tongues) have bellowed upon
us [tor the greater comfort of venting our
own conceptions, or craving the advice of
wifer and learneder men I fhould become
Inares and burdens to us, by a curious and
needlefs tear ; yet if my words be taken,
faid he, with all that went before and fol-
lowed after, I lee no danger in it.

1 o the Lord Conway I may reply the
fame, with this addition. That it is a very
natural motion for a man to preferve him-
felf; every creature hath this privilege, and
ihall we deny it to monarchy, provided
this be done in a lawful, though in an ex-
traordinary way .' This grain of fait muft
be added to feaibn all my difcourfe.

To that of Sir Henry Vane, of offering
my fervice to the King, I thank him for the
teitimony, and think he hath done me much
honour thereby ; but if he or any body
elfe do fufped^ that his Majefty will em-
ploy me in unlawful enterprizes, I fhall
think them more liable to the charge of
treafon than myfelf.

To the fubfequent teftimonies, I fhall not
need to wrertle about them much, only the
laft of Sir Henry Vanes pinches, and lies
fore upon me ; but to that which the Earl
of Clare (and I thank him for it) hath faid

already,

A COLLECTION of TRIALS.

already, give me leave to add this. That
the teftimony of one man is not a fufficient
wicnefs, nor can a man be accufed, much
leis condemned, of treafon, upon this ; and
for that read the flat. Hen, 7. 12. and of
Edw. 6. 5.

Now my Lords (faid he) to give you
further fatisfaftion, I fhall defire all the
Lords of the council, which were then pre-
fent (only to the number of eight) may be
examined whether they heard thefe words
or not ; for the Archbifhop and Sir Francis
Windebank they cannot be had : Sir Hen-
ry Vane gives the teftimony, I deny it ;
/our only remain.

Firft, The Earl of Northumberland's
teftimony, which was read, had declared
exprefsly, that he had never heard thofe
words, nor any like them from the Lord
Strafford, but he fpake with great honour
and regard to the kingdom of England.

Secondly, TheMarquifs Hamilton, who
declared upon his oath, that he had never
heard fuch words, but that he had heard
the Lieutenant often fay, that the King
was to ufe his royal power candide i^ cajte,
that it would never be well for this king-
dom, till the prerogative of the crown, and
the privilege of the fubjecl went in one
pace together, and that parliaments were
the happieft way to keep a correfpondence
between the King and people.

The very fame was delivered by the
Lord Treafurer, and the Lord Cottington.

Now, myLords,youmay marvel how thefe
words refted only on the ears of Sir Henry
Vane : But my Lords (faid he) that I may
remove all Icruple from you, I will make
it evident, that there was not the leaft in-
tention that the Irifli army fhould fet a foot
in England ; and then, I hope, you will
conceive that I had no meaning to reduce
this kingdom.

This he made clear by the teftimony of
Northumberland, the oaths of Marquifs
HamiltOfi,LoniA.ottington, Lord Ireafur-

VoL. L No. 3. P

er. Sir Thomas Lucas, who only were pri..
vy to that matter.

For other of my words, my Lords (faid
he) I defire you would not take them by
halves •, if fo, who fliould be free from trea-
fon ? Certainly, if fuch a precedent take
footing, Weftminfter-hall fliall be more
troubled with treafon than with common-
law ; look therefore to the antecedents and
confequents of my fpeeches, and you fWU
find the ftate of the queftion clearly alter-
ed : the antecedents were upon an abfolute
or inevitable necelTity, upon a prefcnt in-
vafion, when the remedy of a parliament
cannot be expedled ; the confequents, for
the defence of the kingdom, which ac-
compts afterward to the parliament. The
qualifications too in a lawful, convenient,
and ordinary way, fo far as the prefent ne-
cefTity can permit. Add but thefe, and
which of you are not of my mind? Is the
King endowed with no power from the
Lordi* is he not publicus infpeftor Regni?
Stands it not him in hand to do fomethincr
on prelent neceflities :

And that thefe were his words, he ofren
proved, over and over again, by the Mar-
quifsj by the Lord Treafurer, Cottington,
Sir Tho. Jermine.

My Lords, what I have kept to the laft
(faid he) is this, and I would intreatyou fe-
rioufly to think of it : If a man's table, his
bed, Iiis houfe, his brother, his friends (and
that too after they have given an oath of
fecrefy) are to be rack'd to find out trea-
fon againft him, who never knew what it
m.eant, what earthly man ftiall pafsfree from
treafon ? Let my misfortune, my Lords,
be your advertifement ; your wife anceftors-
were glad to put bands and limits to this,
lion, treafon; if you give him the large
fcope of words to range into, he. will at laft
pull you or yours all to pieces.

But, my Lords, I did never think till-
now, that matter of opinion fliQuld be ob-
jefted as- mattci of treafon.

For»,

^4 ACOLLECTI

For, Firfl, Opinions arc free, and men
xnay argUi;both pro and con, in ail faculties,
without any {lain of reputation, otherwife
all confultations would be vam.

Secondly, I may be of another judgment
than I declare niyfelf to be, of opinion per-
haps to gain better arguments for the main-
tainance of my own grdunds.

Thirdly, Many, and myfelf oftentimes,
Jiave propounded my opinion ; yet upon
hearing better judgments, have prefently
ciianged it.

Fourthly, We ufe to flrainour opinions
too high fometimes, that we may meet in a
jufl; moderation with thofe whom we con-
ceive in the other extremity to be too low.

Fifthly, It is exprcfsly commanded by
the Stat. Hen. 6. 9. That though a man
fhould fay, the King is not lawful heir to
the crown, and may be depofed, yet he is
not to be charged with treafon, but only
with felony •, and I hope, my Lords, thole
words are of a more tranfcendent and lu-
perlative nature, than any alledged by me
to be fpoken. But, my Lords (faid he) lay
it to your hearts, it muft come to you, you
and your polterity are they whom God and
Nature, birth and education have fitted to
beautify the ro) al throne, and to fullain the
weighty afPairs of the kingdom ; if to give
your opinions in political agitations fhall be
accoimted treafon, who will be willmg to
ferve the King, or what a dilemma are you
in ? It, being fworn counfellors, you fpeak
not your minds freely, you are conviiils of
perjury ; if you do, perhaps of treafon.
What detriment, what incommodity {hall
fall to King and kingdom, if this be per-
mitted .'' \Vhich of you hereafter will ad-
venture, yea dare adventure, fo much as to
help by your advice, unlefs you be weary
of your lives, your cftates, your polterity,
yea, your very honour ? Let me never live
longer than to fee this confufion •, yea, I
may fay it, this inhumanity in England. For
my part (my Lords) I here conkfs myfelf,
I ever have, and ever fhall fpcak my opi-

ON OF TRIALS.

nion freely in any thing that may co'ncern
tlie houourand fafety, either of my ,<;i-^cious
King, or my dear country, though ti.e fword
be two-edged ; fearmg rather him that kil-
leth the Ibul, than him wiiofe power reacli-
cth only to the body.

Nor do 1 fee how I ani culpable of trea-
fon, unlefs it be treafon for not being infal-
lible ; and if it be lo, my Lords, you have
this rag of mortality bLtbre you, loadeti
with many infirmities ; though you pull
this into ihreads, yet there is no great lols ;
yea. there may be a great gain, if by the
fame I may feem to have dared too far, to
give a teftimony to the world of an inno-
cent confcience towards God, and a refo-
luteloyalty towards my prince, [ which have
ever been my only pole-ftars in the whole
couife ot my life:] and if by ipilling of
mine, there be not away found how to trace
out the blood of the nobility (which I hope
your Lordfhips will look to) there is no
difadvantage at all fuffered by the lofs of
me. (You have his very words as near as
I could recoiled!:.)

Tuefday was a day of relV.

UponWednefday,Whitlockchargedthus:
That the preceding articles were of fo high
a confequence, and of {o tranfcendent a na-
ture, that nothing wanted to make up the
perfcd meafure of the moft horrid treaibn,
and monftrous attempt that ever, by a na-
tive, was intended againft his King and
country, but putting thel'e defigned projefts
into execution ; which had undoubtedly
happened to the ruin and lubverfion both of
church and flate, had not the clemency and
goodnefs of the prince, and the piety and
carefulnefs of the well affefled peers tim-
oufly forefeen and prevented the lame ;
That ftill the principles of tyranny and op-
prclTion had lodged within his bofom, and
therefore had burft forth into thefe expref-
fions and advices contained in the follow-
ing articles -, where firft, in the twenty-fifth
they charged him with three things.

. Firfl.

A COLLECTION of TRIALS.

Firft, That he had advifed the King to a
rigorous and unlawful exadion of fliip-
money.

Secondly, That he had given coiinfel.

laid by the heels -, but for words of hang-
ing them up, he heard not at all.

Thirdly, The Earl of Ikrkfliire declared
that the Lord Strafford had faid. That

That it the Sheriffs fhould deny their beft I upon the refufal of fuch a fervice enjoined

endeavours and afTiltances to that effedl,
they fhould be fent for, and fined by the
Star-Chamber, and innprifonment.

Thirdly, That when the Aldermen of
London had in all humility reprefented the
caules why th« fhip-money could not be
colledted amongft them, and had given in
the realbns why they refufcd to give in a
lift of their names, within their city, who
were able to afford the loan-money ; he in
a contemptuous and tyrannical manner, in
the face of the council-board, had faid to
the King : " Sir, thefe men, bccaufe of
their obftinacy and frowardnefs, deferved
very well to be fined, ranfomed, and
laid by the heels ; and it will never go well
with your fervice, until feme of them be
hanged up for examples to others,"

The Proofs were thefe.

Firft, The Bifliop of London, Lord
Treafurer, who declared, that he remem-
bered the words very well, that the Lord
Lieutenant had advifed the King to caufe
the fhip-money to be gathered in ; but he
remembered withal, that both himfelf and
all tlie council had done the like ; and that
it was upon a prefent necelTity, and defedt
of money for entertaining the army, which
(the condition of the times confidered) they
all conceived, was by any means to be
kept on foot.

Secondly, Alderman Wifeman declared,
That upon an humble remonftrance made
to the council-board, the city would take
it ill, if a tax- roll fhould be delivered of
their eflates, who were thought able for the
loan-money ; the Lord Strafford faid.
They ought to be fined, ranfomed, and

by the King's peremptory command, it was
his opinion they might be fined.

Fourthly, Alderman Garway attefled
the preceding words ; and withal added,
that the Lord Lieutenant, to his beft re-
membrance, had faid, " It were well for
the King's- fervice if fome of them were
hanged up."

They clofed the charge, That by fuch
undutifulexprefTions he had injured the pro-
priety of the fubje6l, and had put fuch dif-
content upon the city, that they were the
lefs willing upon any occafion, to concur
for the advantage of the King's fervice.

The Lieutenant replied,

Firft, that though all the charge were in
the moft ftri(ft and rigid way of fenfe ve-
rified agaiiifl him, yet he could not con-
ceive by what interpretation of law it
could be reached home to high treafon ;
and to that common objeftion, (that the
treafon was not individual but accumu-
lative) he replied, That, under favour, he
thought, to that manner, were as much as
to fay, no treafon atall. Becaufe,

ill. That neither in flatute law, com-
mon law, nor practice, there was ever,
till this time, heard of fuch a matter as ac-
cumulative treafon, or a treafon by way of
confequence ; but that it is a word newly
coined to attend a charge newly invented,
fuch an one as never was before.

2dly, That treafon was a thing of a fim-
ple and fpecificative nature, and tl:erefore
could not be fo by accumulation ; but
either muft be fo in fome or either of the
articles, or elfe could not be fo at all.

gdly. He did conceive that it was againft
the firll principles of nature, and falfe ;
therefore could not be fo by accumuL.tion,
but either mulT; be fo in fome or each of

the

56 ACOLLECTI

the articles, or elfe could not not be fo at
all. That an heap or accumulation fhould
be, and not be, of homogeneous things •,
and therefore that which in its firft being is
not treafonable, can never confer to make
up an accumulative treafon. Cumulus^ an
heap of grain, fo called, becaufe every, or
at leaft fome of the individuals, are grain ;
ifotherways, an heap it may be, but not
an heap of grain. Juft fo, perhaps, thefe
articles may make up an heap of felonies,
oppreffions, errors, mifdemeanors, and fuch
like ; (and to the thingitfelf I fliall give an
anfwer, when under that name they fhall
be charged againft me) but they can no
ways confer to the making up of treafon,
iinlcfs fome, at the leaft, be treafon in the
individual.

Secondly, That the teftimonies brought
againft him were all of them fingle, not
two one way ; and therefore could not
make faith in matter of debt, much lefs in
matter of life and death ; yea, that it was
againft the ftatute exprefly, to impeach a
man of high treafon under the evidence of
two famous witneffes, much lefs to adjudge
and convince him upon atteftation of one.

Thirdly, To the Lord Treafurer's tefti-
mony, he did with all his heart condefcend
unto it ; but upon thefe grounds only.
That there was a prefent neceflity of
money ; that all the council-board had fo
voiced with him, yea, before himfelf, and
he always thought it prefumption in a man
not to follow the wifer and more judicious •,
and that there was then a fentence of the
Star-Chamber for the right of paying
fhip-money. For his part, he would
never be more prudent than his
teachers, nor give judgment againft the
Judges. And therefore he thought it not
far amifs to advife the King for the col-
lefting of that, which by law was his own,
in fuch a prefent and urgent necefTity.
And although his opinion (and it was no
more) had been amifs, he hoped, that

ON OF TRIALS.

though, in cafe of religion, being attended
with ftubbornefs and pertinacy, it might
come home to herefy, yet in his cafe opinion
could not reach fo far as treafon ; unleis it
be treafon for a man to fpeak his judgment
freely, when he is upon his oath to do the
fame.

Fourthly, For the words about fining,
he had already acknowledged them in his
general anfwers to be true ; but with thefe
qualifications. That it was his opinion
only •, that it was upon the refufal - (as he
conceived) of a juft fervice that he had
ipoken them, by no means to prejudice the
citizens, but to make them the more quick
and aftive in the King's fervice ; that no
ill confequence happened upon them ; that
they were words might have been fparcd
indeed, but innocently, though fuddtnly
fpoken, which he hoped might proceed
from a man of fuch a hafty and incircum-
fpeft humour as himfelf, (made fo both by
nature and his much infirmity of body)
without any mind at all to treafon ; and
that if all cholerick expreflions of that
nature fhould be accounted treafonable,
there would be more fuits of that kind fly
up and down Weftminfter-Hall than com-
mon law.

Fifthly, To thofe words attefted by the
Alderman, he pofitively denied them ; and
hoped they fliould never rife up againft him
in judgment, becaufe the teftimony was
fingle, and not pofitive but only to his
beft remembrance -, and that it was ex-
ceeding ftrange that no man, neither of the
council, or other Aldermen, were fo quick
to obferve them, but only Alderman Gar-
way, which he thought fufficient to nul-
lify that fingle teftimony, except he could
demonftrate himfelf to have fome rare and
finguiar fiiculty of hearing.

In the clofe, he defired the Lords, from,
his misfortune, to provide for their own
fafety, anJ ferioully to confider what a way
was chalked out to ruin tliem both in their

lives

A COLLECTION of TRIALS.

lives and eftates, if for every opinion given
in council, or words fuddenly or haftily
fpoken, they (who are born to weild the
great affairs of tiie Icingdom) fliould be ar-
raigned and fentenced as traytors.

Then they went to the 26th article;, and
charged thus :

That the Lord Strafford, having by his
wicked advices exhaufted the King's Trea-
fiiry, did alfo counfe! him,

Firft, To imbafe the coin by an allay of
copper-money.

Secondly, To feize upon all the bullion
in the mint.

Thirdly, That in difcourfe with fome of
the Aldermen about that bufinefs, he had
faid the city was more ready to countenance
and relieve the rebels than the King ; and
that the King of France did ufe to manage
Uich bufinefles, not by treaties or requefts,
but by fending forth his commiffaries to
take account of mens eftates, accompanied
with troops of horfes.

The proofs v/ere ;

Firft, Sir Thomas Edwards, who de-
clared. That in difcourfe with the Lord
Strafford, liaving remonftrated unto him
that their goods were feized on beyond feas,
becaufe of the money taken out of the
mint, he told him, " That if the Lon-
doners fuffered it, it was delervedly, be-
caufe they had refufed the King a fmall
loan of money upon good fecurity ; and
that he thought tliem more ready to help
the rebels than the King.

Secondly, Mr. Palmer declared that he
fpake fomething about the King of France;
but whether with relation to England, or
not, he did not remember.

Thirdly, Sir William Parkife attefted in
the fame words ; and withal, that the Lord
Cottington was then prefent, and could
declare the whole bufinefs.

Fourthly, Sir Ralph Freeman declared.
That in a difcourfe with the Lord Strafford
he had faid that the fcrvants in the Mint-

VoL. I. No. 3. Q^

Houfe would refufe to work the copper-
money i and he replied, " That then it
were well to fend tiiofe fervants to the
Houfe of Correftion."

They, clofed the charge, that by fuch un-
dutiful counfel and words, he had given
more than fufficient proof of his defign and
purpofe to fubdue this kingdom, and fub-
verr the fundamental laws and privileges of
tiie fame.

The Lieutenant's reply :

Firft, That he expefted fome proofs
about the two firft particulars, but did
hear of none ; and that it was no fmall dif-
advantage to him to ba charged with a
great many odious crimes by a book, print-
ed and flying from hand to hand through
the whole kingdom, yet when they came
to prove, there ftiould be no fuch thing
laid againft him.

Secondly, About the fpeeches : He in-
genuoufly confeffed that fome fuch thing
might perhaps have efcaped the door of
his lips, when he faw their backwardnefs
to his Majefty's fervice -, and as the times
were then conditioned, he did not think it
much amifs to call that faftion by the
name of rebels -, but yet he thought he had
abundantly fatisfied for that over-fight (if
it was any) at York : For having under-
ftood there, that the city of London were
willing to make a loan of money, he there,
before the great council of the peers, cxprcff-
ed himfelf to this fenfe, " That the Lon-
doners had fufficiently made up all their
delays hitherto by their aft; that the Kino-
was obliged to their forwardnefs ; and that
he himfelf ftiould be as ready to ferve them
as any poor gentleman in England." About
the other words, he faid. That being in
conference with fome of the Londoners,
there came at that time to his hands a letter
from the Earl of Leicefter, then at Paris,
wherein were the Gazettes inclofed, report-
ing that the Cardinal had given fome fuch
order, as to levy money by forces. This»

AGOLLECTION of TRIALS.

he fakl, he only told the Lord Cottington,
ftanding by, without the leaft application
or inteiKion concerning the Englifh affairs.
Cottington, being examined upon this, de-
clared the lame in the fame manner.

Thirdly, to Sir Ralph Freeman, he faid,
That his teftimony did not concern the
charge at all •, nor did he think any thing
amifs in it, though he had faid it. If the
fervants of the mint refufed to work accord-
ing to directions, they did deferve the
houfe of Correction ; nor was it treafonable
to fay the King might ufe that houfe for the
correction of his fervants, as well as any
man in the city for theirs.

Fourthly, lie faid that there was no great
likelihood that he had committed real aCls
of treafon, when his adverfe party was
content to trifle away fo much time about
words; neither was there any treafon in
them, though they had been fully verified,
and therefore in that (as in all other articles)
he referved a power for his counfel to dif-
pute in matter of law.

They went to the 27th article, and
charged thus ; That immediately after his
appointment to be Lord Lieutenant to the
army here in England, he Ihewed what
principles of arbitrary government lurked
within his bofom -, for by his own imme-
diate authority, without and againft law,
he had laid an impoft of money upon the
King's fubjeCts. "Where they mention three
particulars :

Firft, That he had impofcd 8d. per
diem upon the county of York, for enter-
taining the Trained Bands there one whole
month.

Secondly, That he had fent out warrants
for collecting the fame, and threatened to
jmprifon fuch as fhould refufe to pay.

Thirly, That he faid, '■ That it was a
crime nigh to the crime of high treafon, not
to pay the fame."

Fourthly, Ti^.ey add^d, That in his ge-
neral replies he had brought two things for

great council

his defence : ift. That this money was

• freely and voluntarily offered by thofe in

Yorkfhire. 2dly, That the

of the Peers had notice of the fame

To the firft they anfwered. That a pe-.
tition was indeed preferred by the York-
fhire men, and a month's pay offered ; but-
that the Lord Strafford had refufed to pre-
fent the fame upon this exception oniv,
Becaufe in the fame they had petitioned for,
a parliament : Whereby he evidently de-
clared what little inclination he had to that
way.

To the fecond. They appealed to all the.
Lords prefent, whether any fuch order did
pafs before the council of the Peers at
York.

The proofs were:

Firft, A warrant iffued by Colonel Pen-
nyman for this money, and another by Sir
Edward Oftorne.

Secondly, Mr. John Burrowes, who de-
clared that he was Clerk to the great Coun-
cil, but did remember of no order ; and
withal added, that it inight have paffed at
that time, when he attended at Rippon.

Thirdly, Mr. Dunfton, v/ho declared
that he had known that inoney levied by
fome mufqueteers.

Fourthly, By Sir William Ingram, who
declared that he had heard the Lieutenant
fay, " That to refufe the fame, came nigh
to the crime of high treafon."

They concluded the charge. That by
thefe particulars it was more than evident
what unhappy purpofes and traiterous de-
figns he had to fubdue this kingdom, and
fubvert the fundamental laws and pri-
vileges.

The Earl replied, Firft, To the petition,
Thar it was a true petition, drawn up by
the Yorkftiire gentlemen -, rnd as true, that
he had refufed to prefent the fame, becaufe
of that claufe about the Parliament. Bur
the matter was thus : At his Majrfty'.s
coming to York, it was thought neceflary

for

A COLLECTION ofTRIALS.

59-

for the defence of that county to keep the
Trained Bands on foot, becaufe the enemy
was upon the borders ; and therefore the
King direded him to write to all the free-
holders in YovkOiire, to fee what they
would do for their own defence.

The time and place weredefigned by the
King; but the night before the meeting,
a fmail number convented, and in a private
and faiftious way did draw up that petition.
Upon the morrow, at their appointed dyet,
in prefence of the whole number, the pe-
tition was prefented to him •, where he did
advife them to leave out that claufe, and
that becaulc he knew the King, out of his
own gracious difpofition, had intended to
call a^parliamcnt, which he defired fhould
be freely done, than upon the conftraint
and importunity of petitions; moreover, it
would feem a mercenary thing in them, at
one and the fame time, to offer a bene-
volence, and withal to petition for his
favour. Upon this remonftrance tKey were
all willing to recall the petition, and direfled
him by word of mouth to offer unto the
King the month's pay in their names ;
which he did accordingly, in the prefence
of forty of them, to their no fmall ad-
vantage.

This he proved by Sir William Penny-
man, Sir Paul Neale, Sir George Went-
worth. Sir William Savil, Sir Thomas
Danby, who all of them declared as much
in ample terms-, ^nd withal added, That
nothing was done upon better grounds of
neceffitv, and obedience than the offtr of
that money, and that they never had heard
any man gi udpie againft it to this time.

For the fecond, about the council of
peers, he aUedgcil that he never made
mention of any order of theirs ; but he re-
membered very well it was twice pro-
pounded before them, that the King bad
approved it at that time a juft and neceffary
aft, and none of the council had contra-

didled it, which he conceived as a tacit ap'
probation, and an order in equivalence.

But though that had not been, yet there
was nothing done in the bufinefs, but at the-
fpecial defues of the gentlemen themfelves,
and for their neceffary defence and pro-
tection ; yea, though he had done it by
himfelf alone, yet he conceived he had fb-
much power by his commiffion, (caufing'
the commiffion to that cffed to be read)
That albeit he ffiould mifl;ake his com-
miffion, and do fomc inferior aft beyond it
(becaufe military proceedings are not always
warranted by the common law) yet it
fliould not be imputed as an ad: of treafon
to him. (And to this eff'eft read a fliatute
of the feventh of Henry the Second").

To the proofs ; Firff:, Colonel Penny -
man's warrant, or Sir Edward Off^orne's, ir
nothing concerned him ; and he doubted
not but thefe worthy gentlemen could
juftify their own aift, and that he had
enough to do to anlwer his own milllemea-
nors.

Secondly, For Sir John Burrowes, he was
at Rippon when that propofuion was madcv

Thirdly, That as the warrant, fo neither
the execution troubled him at all.

Fourthly, For Sir William Ingram,^ he
was but a fingle tertimony, and that I'uch
an one too, as he could produce an evi-
dence to teftify he had miffaken himfelf in'
his teftimony upon oath, if it were not to'
difadvantage the gentleman.

He concluded. That he had done no-
thing in that bufinefs but upon the petition
of that county, the King's fpecial command,,
the connivance at leall of the great council^
and upon- a prefent necefflty, for the de-
fence and fafcty of tire county.

And fo much for Wcdnefday.

Upon 1 hurfday the committee for the-,
charge declared that they had done with all
the articles, and were content to wave the
laft, for reafons beft known to themfelves ;
only Sir Walter Earfes added, That he had

fome

6o ACOLLECTIO

fome obffrvations to bring forth upon the
two and twentieth article, which he con-
ceived might do much to prove the Earl of
Strafford's deligns for landing the Irifh
forces in England.

And they were, Firft, That in his com-
miffion he had power to land them in
Wales, or in a.iy part of England, or in
Scotland -, which were altogether fuper-
fluous, unlefs there had been fome purpofe
for the fame.

Secondly, That within two days before
the date of the commifllon, letters were
fcnt to the Lord Bridgewater and Pembroke
from Sir Francis Windebank to aflift the
Ear) of Worcefter in levying forces for the
King's fervice ; and thefe might be fup-

fiofed to have intended a joining with the
rifli.

Thirdly, That the Lord Ranelagh, at
the raifing of the Irifli army, did fear fuch
a defign as this.

Fourthly, That the Town of Ayre in
Scotland, where the Lord Strafford pre-
tcnJcd he would land thofe forces, was for-
tified with a bulwark, a garrifon, and
block- houff, which would prohibit landing
there ; that the Earl of Argyle's bounds
were divided thence by the fea, and that
the bar or entry into the town was very
dangerous and fliallow.

The proofs were only the reading of the
comrnKTion granted to the Lord Strafford.

The I/ieutenant replied, Firft, That his
commillion was the fame verbatim with
Northumberland for England, and that it
was drav.'n up by the council-board here,
and fent over unto him ; fo no more defign
in him than in the gentlemen of the Eng-
lifh army, nor no larger than that was put
upon him.

Secondly, That this was the firfl time he
heard of any fuch letters, nor did they
concern him more than any of the houfe.

Thirdly, That he was not bound to
purge the Lord Kanclagh from all his fears,

N OP TRIALS.

and that lie had his own fears too, which
God forbid fliould be evidence of treafon
againft any man v/hatfocver.

Fourthly, That it feemed the gentleman
had better information from that kingdom
than himfclt -, yet he would be coniidcnt to
fay, at Ayre, there was never fuch a ihmg
as a block-houfe or garrifon. But to re-
move all fcruples, (for indeed the road or
landing place is not there fafe) he declared
that it was his intention to have landed
fome miles above Ayre, and made only his
magazine of that town,

'i o the Earl ©f Argyle's bounds, he
hoped the gentleman knew they came not
on foot out of Ireland, but had fliips to
waft and rranfport themfelves, and that
one of his prime houfes (Rofneth) was
within fome few miles of the fame Frith.

The Lord Digby finding Sir Walter
Earleson ground, did hanfomcly bring him
off, and told the Lords, That all their
proofs for that article were not yet ready,
and that this w.is a fuperfoetation only of
the charge-, and that in fuch a bufinefs as
the plotting of treafon, they muft be con-
tent fometimes with dark probabilities.

Then Mr. Glyn defired the Lieutenant
to rcfume his defence, that they might give
a repetition of their charge, and fo dole
the procels fo far as concerned the matter
of fad.

He replied. That in his cafe all flacknefs
is fpeed enough ; the matter touched hiin
narrowly, even in his life and eftate, yea,
in that which he efteemed above them both,
his honour and poflerity, and therefore he
confefTed he had no defire to ride poft in
fuch a bufinefs. I'hat he knew the gen-
tlemen of the bar, if they were in his cafe,
would think the time little enough, except
their more able judgments could foonerdif-
patch tne matter in hand •, and therefore he
humbly intreated, that that day might be
granted to him for Ilrengthening himfelf,
and recoUeding his thought and fpirits,

and

A COLLECTIO

and to-morrow he would be ready with
his laft replies for himfelf: which after a
little ceremony and conteftation, was con-
defcended unto by the Hotife of Com-
mons.

Upon Friday morning, about eight of
the clock, the Lieutenant of the Tower,
and my Lord's chamber-groom came to
the hall, and gave information to the houfe
upon oath, That the Lord Strafford was
taken with an exceeding great pain, and fit
of the ftone, and could not upon any con-
ditions ftir out of his bed.

Mr. Glyn replied. That it was a token
of his vvilfulnefs, not his weaknefs, that he
had not lent a doflor to teftify the fame.

The Lord Steward made anfvver, That a
dodlor could not be had i"o foon in a morn-
inp, nor was it poffible for any phyfician
to give a certain judgment concerning a
man's difability by the rtone, becaufe there
are no outward fymptoms that appear.

Mr. Glyn excepted. That if he did not
appear upon Saturday morning, he fhould
lofe the privilege to fpeak in his own de-
fence afterward?, and they permitted to
proceed.

The Lord Steward replied. That the
Lords had appfeinted four of their number
to go to the Tower, and learn the juft
caufe of his flay ; and if by any means he
were able, he fhould be obliged to come
then; if nor, humanity and common
equity would excufe him.

In the afternoon it v/as reported that he
was dead, of which there can be no better
reafon given than the humour and genius
of the times, that dally with nothing of-
tener than untruths and calumnies : and
certainly there are many men of fballow
irnderftani'ings and weak affeclions, who
cither will not, or cannot underftand the
gentleman's worth ; but out of fearful and
needlefs apprehenfions are fo defirous to
hear of his ruin any way, that their bufy

"Vol. I. No.

N OF T R I A L S. 6i

tongues will dare to anticipate the flroke
of juft ice.

Mr. Glyn proffers new proofs concerning
the two and twentieth article.

LTpon Saturday morning he prefented
himfelf at the bar, where he expefted no-
thing but repetitions of charges and defen-
ces; but mean while Mr. Glyn profilers
fome new proofs concerning the two and
twentieth article, which the noble Lord
r.fufetl, alledging the procefs was clofed.
Mr. Glyn anfwered. The procefs is not
clofed, as long as the bufinefs Hands un-
repealed ; and that it did not become a pri-
funer at the bar to prefcribe a method of
proceeding to the Houfe of Commons in
England.

It was anfwered by the Lord-Lieutenant,
That he thought it ftood him in hand as
nearly to maintain his life, as it did any to
purfue him for it ; yet he was willing they
fliould bring in new proofs, provided that
he might have time to make new replies,
and withal ufe fome new witnelTes in foinc^
articles that concern his juftification.

The Lord Nev^ark, upon thtfe motion?,
defired the houfe might be adjourned; after
two hours flray, and a hot conflid upon the
Lords, they returned, and the Lord Stew-
ard commanded the order to be read,.
which conilfted of two articles :.

Firft, That as it was granted unto thenr-
to bring in proofs concerning tl-.c two and
twentieth article ; fo it was to the Lord
Strafford to make his replies, and ufe his
v/itnefTes concerning tiVc lame.

Secondly, That if thc-y went to no more
articles, no more fhould the Lord Straf-
ford ; but if they did, thafhe might pitJi.
upon any one article as he pleafcd.

The Houfe of Coirmons prefentiy de-
clined a 1 other articles, and conceived the
order exprefly for -them, rcilraining lijni
from all other articles, except that only.

He conceived thfe order was for him, a'l.i
faid, That feeing they had picked out th.cir ■

article,.

■62

A COLLECTI

article, it was againll all conminn equity to
tye up 'his hand-% and not admit oi a com-
mon rule tor them both. Thcv replied,
That when the article v.ms canvafTed, tliey
Tcferved wicnfilcs till another time. He
anfwcred. That lie had done tin; fame
upon every article. They rejjlied. That
the houle had rchilcd his reiervation. He
anfwered, Nor had they pafied an urder for
theirs.

Upon this new conteflation the houfe
rofe again, and was adjourned. It is iup-
pofed that the Houle of Commons had the
better ground, becaule they had particu-
L\\\y named their witneflTes in their rcfer-
varion •, the Lord Straffbtd not io ; they
prel'ed but one article, he many. 1 ut iuch
was the pleafure of the Lords, that though
the matter did not deicrve to be much ftood
•upon, yet after two hours vehement agi-
■tation of the bufinefs in the upper houfe,
they returned, and the order «vas in his
favour to this effeib :

f irft. That both of them fhould wave
their new proofs, and go immediately to
that v/hich follows.

Secondly, If they would not do fo, the
Lords conceived themfelves common judges
to both, and the €f jre would not deny
Striflbrd the liberty of pitching upon what
article he pleafed, as they had done.

Thirdly, '1 hat both of them fhould
name their witnelTes at the bar inftantly.

The Commons were much grieved at
this, yet defired him to nominate his wit-
ncfll-s, if he would make any benefit of the
o-dcr. He anfwered. That he would no-
minate after them, becaufe they were firlf
in order. They replied. That he knew
their article, they not his. He faid, He
was to bring proofs about the fecond, fifth,
thirteenth, and the fifteenth articles, and did
defire them that they would now proceed
to nomination.

Eut they told him, they could not em-
brace the order without advice of the whole
.boufe. Then on a fuddcn a mighty tjOife

ON OF TRIALS.

of the whole houfe followed, " With-
draw, v/ithclraw !" and was in fo un-
couth and tumultuous a confufion, that
it produced both admiration and fc«r
in the beholders, where' n we might eafily
feel tl,e pulfe of a dilternpered ftate.
Both the houies brake up, not appointing
fo much as the next diet ; each man's coun-
tenance fpake anger and difcontenr, and no-
thing founded in our ears all Sunday but
teric/rs and afi'rightments of a prcfent divi-
fion and breach between the two houfes ;
That t! e houfe of commons would declare
him a tray tor, and all fuch Lords too as
were his adherents; that he fhould be no
more heard in public, that (though parties,
and not his peers) they would vote in his
fentence, That a bill of attainder fliould
prelently be drawn up againfl him, and
that nothing fliould content them but pre-
fcnt execution.

Big words flew up and down all Monday,
That wliole day was fpent in a conference
betwixt the houfes, without any meeting in
the hall ; but the Lords (wlio had learned,
as ir ieems, to foreiee their own ruin by his
misfortune, and now conceive that mo-
narchy and nobility are of fuch identity,
that one and the fame is the diminution of
both") kept faft to their conclufion, and
would not pafs from their order, notwith-
ftanding all the many dangers reprefented :
lb that the Houfe of Commons were con-
tained at laft to give way, and embrace the
firll part of the order, by waving witnefTes
on both fides.

This hath been no fmall difcouragement
to his enemies ; for a more real demonftra-
tion of his party amongfl; the Lords could
not have been fhewn.

Upon Monday, fome of the Lords went
fo high in their hear, as to tell the Houfe
of Commons, That it was an unnatural
motion, for the head to be governed by
the tail ; That they hated rebellion as bad
as treafon ; That the fame blood that en-
nobled

A COLLECTION of TRIALS

po'bled their anceftors, did move alio in
tlicir veins, and therefore they would ne-
ver fuffer rhemlelves to be fuppreflcd by
a popular f^iftioii.

Aher a great deal of ftorm, all was (as
well as migkt be) foddered up again, and
Tiiefday appointed to be the day for the
Lieutenant to refume his defences, and
they their charge, without any more proof
CO be ufed on either fide.

Upon Tuefday, the Lord Steward at
the entry told them, the Lords had ordered
that both their teftimonies flioiild be waved,
that they fhould proceed immediately to
what followed, fo that that day might put
an end to what concerned the matter of fad.

The Lord-Lieutenant replied. That in
nil humility and obedience he would fubmit
himfclf to that, or any other their de-
crees whatfoever, though it fhould reach
as far home unto him as his own life ; but
withal humbly begged. That if hereafter
he fhould be troubled (for they were to
fpeak laft) with new matter, or with fup-
plcmental proof, he might have leave to
fpeak fomething in his own defence.

The Lord Steward anfwered, It was all
the reafon in the world.

The Lieutenant went on thus :

My Lords,
THIS day I ftand before you charged
with high treafon, the burden is heavy, yet
fjr the more, in that it hath borrowed the
patrociny of the Houfe of Commons •, if
they were not intcrefted, I might exprefs
a no lefs eafy, than I do a fafe ifTue and
s;ood fuccefs to the bufinefs : but let nei-
ther my weaknefs plead my innocence, nor
their power my guilt. If your Lordfhlps
will conceive of my defences, as they are
in themfcivcs, without reierence to either,
(and I fhall endeavour fo to prefent them)
I hope to go away from hence as clearly
juflified, as I am now in the telbmony of
a good confcience by myfclf. My Lords,

I have all along my charge watchetl to fee
that poifoncd arrow of treafon, that fom«
men would fain have to be feathered in m\'
heart, and that deadly cuj) of wine, tiiat
hath fo intoxicated fome petty mif-allcdged
errors, as to put them in the elevation of
high treafon ; but in truth it hath not been
my quicknefs to difcern any fuch monfter
yet within my breaft, though now perhaps,
by a finiltrous information, tticking to my
clotbes. They tell me of a twofold trea-
fon, one againft the flatute, another by the
common law; this direcft, that ccnf.*cucive -,
this individual, that accumulative ; this m
itfelf, that by way of conflrudion.

For the firft, I muft and do acknow-
ledge, that if 1 had the leaft fufpicion of
my own guilt, I would fpare your Lord-
fhips the pains, caft the firll itone at rny-
felf, and pafs fentence of condemnation a-
gainft myfelf : and whether it be fo or nor,
I refer myfelf to your Lordfhip's judgment
and declaration. You, and only you,
(under the favour and protedion of my
gracious mafler) are my judges ; under fa-
vour, none of the Commons are my Peer?,
nor can they be my judges. I fhall ever
celebrate the providence and wifdom of
your noble anceflors, who have put the
keys of life and death (fo far as concerns
you and your pofterity) into your own hands,
not into the hands of your inferiors ;
none but your own felves know the rate
of your noble blood, none but yourlelves
muft hold th? ballance in difpcnfing the
fame.

I fhall proceed in repeating my defences,
as they are reducible to thefe two main
points of treafon : and for treafon againft
the ftatute, (which is the only treaion in
effeLt) nothing is alledged for that, but the
fifteenth, two and twentieth, and twenty-
feventh articles. [Here he brought the
fum of all his replies made to thefe three
articles before, and almoft in the fame
words as before j only that teftimony of Sir

Henry

A COLLECTION of TRIALS.

Henry Vane's, becaufe it feenicd preffing,
he Rood upon it, and alledged five reafons
for the nullifying thereof.]

Firil, That it was but a fingle teflimony,
and would not make faith in a matter of
debt, much lefs in a matter of life and
death ; yea, that it was exprefly againft
the tlatute to impeach (much lefs to con-
demn) him upon high treafon, under the
tellimony of two famous witneffes.

Secondly, That he was dubious in it,
and exprelfed it with an " as I do remem-
ber, and fuch or fuch like words."

Thirdly, That all the council of eight,
except himfelf, difclaim the words ; as if
by a fingular providence they had taken
hold of his ears only.

Fourthly, That at that time the King
had levied no forces in Ireland, and there-
fore he could not be pofllbly fo impudent
as to fay to the King, " That he had an
army there, which he might employ for
the reducing this kingdom."

Fifthly, That he had proved by wit-
neiTcs beyond all exceptions (Marquifs
Hamilton, the Lord Treafurer. the Earl
of Nortiiumberland, Lord Cottington, Sir
William Pennyman, and Sir Arthur Ter-
ringham) that there was never the leaft in-
tention to land thofe forces in England.
[He went on :]

So much for the articles that concern in-
dividual treafon.

To make up the conftrucftive treafon,
or treafoxi by way of accumulation, many
articles are brought againlt me,, as if in a
heap of felonits or mifdemeanours (for in
their conceic they reach no higher) fome
prolifical feed, ape to produce what is
treafonable, could lurk. Here I am
charged to have defigncd the ruin and
overthrow both of religion and (rate. The
firft feemeth rather to have been ufcd to
make me odious than guilty, for there is
not the leaft proof alledged concerning my
confederacy with the popilh fadion, nor

could there be any indeed ; never a fervant
in authority beneath the King my mafter
was ever more hated and maligned by
tliofe men than myfelf, and that for an im-'
partial and flrift executing of the laws
againfl: them.

Here your Lordfhips inay obferve, that
the greater number of the witnelFes ufed
againfl: me, either from Ireland or from
Yorkfhire, were men of that religion : but
for my own refolution (I thank God) I am
ready every hour of the day to feal my dif-
afFeftion to the church of Rcniie, with my.
deareft blood.

Bur, my Lords, give nie leave here tO'
pour forth the grief of my foul before you:-
thefe proceedings againft nie lec-m to be
exceeding rigorous, and to have more ot
prejudice than equity, that upon a luppo--
fed charge of my hypocrify or errors in re-
ligion, I fliould be made fo nionftrcufly
odious to three kingdoms; a great. many
thouland eyes have feen. my accufations,
whole ears fhall never hear, that when it.
came to the upfliot I was never accufed of
.them. Is this fair dealing amongft Chrif--
tians ? But I have loft nothing by that:
popular applaufe was ever nothing in my
conceit ; the uprightnefs and integrity ot
a good confcience was, and ever fliall be,.
my continual feaft ; and if I can be julli-
fied in your Lordlhips judgments from this-
grand imputation, (as I hope I now am, .
feeing thefe gentlemen have thrown down
the bucklers) I Ihall account mvfelf jufti-
fied by the whole kingdom, becauie by
you, who are the epitome, thf better part,
yea the very loul and life of the king-
dom.

As for my defign againft the ftata, I
dare plead as much innocency here, as in
matter of my religion : I' have evtr admi-
red the wifdom of our anceftors, vvho have
fo fixed the pillars of this monarchy, that
each of them keep a due proportion and
meafure with the- other, and have fo hand-

fomeljf

A COLLECTION of TRIALS.

fomely tied up the nerves and finews of
the ftate, that the {training of any one
may bring danger and Ibrrow to the whole
oeconomy. The prerogative of the crown,
and the propriety of the fubje<5t, have fuch
mutual relations, this takes protection from
thar, that foundation and nourifhment from
this : and as on the lute, if any one ftrin^
be too high or too lowly wound op, you
have loll the harmony ; lb here the excefs
of a prerogative is oppreffion -, of pre-
tended libercy in the fubjecl. diibrder and
anarchy. The prerogative muft be ufed
as God does his omnipotency, upon extra-
ordinary occaHons ; the laws (anfwerable
to that Fctentia ligata in Creaturis) muft
have place at other times. And yet there
mult be a prerogative, if there muft be ex-
traordinary occafions ; the propriety of the
fubjed is ever to be maintained, if it go
in equal pace with this : they are fellows
and companions, that are and ever muft
be infeparable in a well governed king-
dom ; and no way fo fitting, fo natural to
nourilh and entertain both, as the frequent
ufe of Parliaments : by thofe a commerce
and acquaintance is kept betwixt the King
and fubjeft, Thefe thoughts have gone
along with me thefe fourteen years of my
publick employments, and fhall God wil-
ling to my grave : God, his Majefty, and
my own confcicnce, yea, and all thofe who
have been moft acceflbry to my inward
thoughts and opinions, can bear me wit-
ntfs that I ever did inculcate this. That
the happinefs of a kingdom confifts in a
juft poize of the King's prerogative and
the lubjed's liberty ; and that things would
never go well, till they went hand in hand
together.

I thank God for it, by my matter's fa-
vour, and the providence of my anceftois,
I have an eftate, which fo interefteth me in
the commonwealth, that I have no great
mind to be a Have, but a lubjeft •■, nor
could I wifli the cards to be fhu filed over

Vol. I. No. 3.

again, upon hopes to fall upon a better
fet ! nor did I ever nourifh fuch bafe mer-
cenary thoughts, as to become a pander to
the tyranny and ambition of the greateft
man living. No, I have, and ever fhall
aim at a fair, but a bounded liberty •, re-
membering always that I am a freeman,
yet a fubjedt ; that I have a right, but un-
der a monarch. But it hath been my mif-
fortune now, when I am grey-headed, to
be charged by the miltakers of the times,
who are now (o highly bent, that all ap-
pears to them to be in the extreme for mo-
narchy, which is not for thcmfelves.
Hence it is, that defigns, words, yea in-
tenfions, are brought out for real demon-
firations for my mildemtrnnors : fuch a
multiplying - glafs is a prejudicate opi-
nion 1

The articles contain exprefFions and ac-
tions : my exprelTions either in Ireland or
England, my adions either before or after
thefe late ftirs.

I In this order he went through the whole
charge, from the firft article to the laft, in
an excellent method, and repealed all the
fums and heads of what was fpoken by him
before; only added in tlie twenty eighth
article. If that one article had been proved
againft him, it contained more wcigiuy
matter than all the charge befides ; and
it had not only been treafon in him, but
alfo villany, to have betrayed the truft of
his Majefty's army. Yet becaufe the gen-
tlemen had been Iparing (by reafon of the
times) to infill upon that article, though
it might concern him much, he refolved to
keep the fime method, and not utter the
leali expreflion that might feem to difturb
I the happy agreement intended, though he
wifhcd the fame might deceive his expefta-
tion : only thus much he admired, how
himfclf, being an incendiary againft the
Scots in the twenty third aiticle, is now
become their confederate in the twenty
eighth article ; or how be could be charged

■66 A C O L L E C T i

for betray Ityg ^wfe\vcaftle, arid ' fot; ■ fighting
well the Scots at New borne tm?,. feeing
with them was no poHible means for be'-
traying the town, but to hinder their paf-
fage thither. ,i- 'i' .

That he never advifcd war. fanthef, chan

(in his poor ju(igment) concerned the (very

life of the Kmg's authority, and thie fr.fety

and honour of his kingdoms: nor faw he

what advantage could be made by a wrsr in

/Scotland, where nothing could be gain'ed

but many hard blows. For his part, he

honoured the nation, but he wiflied they

:might be ever under their own climate,

.and had no defire they fliould be too well

acquainted v;ith the better foil of England :

but he thought that arfcle had been added

in jufr, or as a fupernumerary ; and he

very little fulpefted to be reckoned a con-

fedcinte with the Scot?, and wifhed (as h.e

hoped it was) that every Knglilhman were

■ as free from that imputation as himfelf :

clofing his dctence with this fpeech.

My [.ords, You fee what may be al-
ledged for this conftruclive, rather deftruc-
tive treafon. For my part, I have not the
■j jdgment to conceive that fuch a treafon is
agreeable either v.'ith the fundamental
grounds of reafan or law : not of reafon,
tor, how can that be treafon in the lump
or mafs, which is not fo in any of the
parts .'' Or how can that make a thing trea-
Ibnable, which in itfelf is not fo ? Not of
law, fmce neither llatute, common law,
nor pradice, hath from the beginning of
this government ever mentioned fuch a
thing : and where, my Lords, hath this
fire, without the leall appearance of any
fmoke, lien hid fo many hundred years,
and now breaks forth into a violent flame
tJ d ftoy me and my pofterity from the
earth ? My Lords, do we not live by laws,
and muft we be puniflied by laws before
they be made? Far better were it to live
by no laws at all, but to be governed by
thofe charad'vrs of difcretion and virtue,

j'tharATiat'ure.'"bath"ft»mped/ia iis, tuiin td

1 pjut this, necegity cf.iSivination'iupfln a man,

{ and to .accufe.'him- of the breach of law^

before it be a law at aJL . if a waterman

Upon the Thames fpiit his boat by grating

■lipoh an anchor, and the fame have a buoy

^p'ptnding to it, heis' to charge ifis ow'n

•inobfcrvsnCe.; but if it hath, none, the

owner 01 the anchor 'is to pay the lofs.

My Lords, If this crime, whicli they
call arbitrary: treafon, had been marked by
any difcerncr of the law^ the ignorance
thereof Ihould'be no excufe:&r otc ; but
if it be no- law at all, how can it in rigour
or firi<51;heTs kfelf conde'mn me? Beware
you do not awake thefe lleeping lions, by
t!ie fearchingout fome negle<5ted morheateii
records, they may one clay tear ycu and
your pofterity in pieces : it v;as your ancef-
tors care to chain them up within tlie bar-
ricadoes of fiafutes ; be not you ambitious
to be inore flvilful and curious than your
forefathers in the art of killing.

My Lords, it is my prefent misfortune,
for ever yours ; and it is not the fmallell
part of my grief, that not the crime of trea-
fon, but my other l.ns, (which are exceed-
ing many) have prcfcnted me before this
bar; and except your Lordfhips wifdoms
provide for it, it may be, the fliedding of
my blood may make way for the tracing of
yours : You, your eltates, your pofteritics,
lie at the fcake. If fuch learned gentle-
men as thefe, whofe tongues are well ac-
quainted with fuch proceedings, Ihal! be
ftarted out againft you ; if your friends,
your counfel denied acctfs unto ypu ; if
your profefled enemies admitted to witnefs
againft you j if every word, intentir-n, or
circumftancc of yours, be fifted and alledg-
ed as treafonable, nor becaufe of a ftatute,
but becaufe of a confequence, or conftruc-
tion of lawyers pieced up in a high rhetori-
cal ftrairi, and a number of fuppofed pro-
babilities; I leave it to your Lorddiips
confideration, to forefee what may be tl>e

iflue

A COLLECTION of T R I A L

'ifTiie of fiich dangerous and recent prece-
dents.

Thefe gentlemen tell me they fpeak in
defence of the common-wealth, againft my
arbirraty laws-, give nic leave to lay it, I
•fpeak in defence of the commbn-vveakh, a-
■gainft their arbitrary treafon : for if this la-
T'itude be admitted, what prejudice fliail fol-
low to King and country, if you and your
pofterity be by the fame, difenabled from
the grcatcft affairs of the kingdom ? 'For
my poor felf, were it not for your Lordfliips
intereft, and the interelt of a iaint in hea-
ven, who hath left me here two pledges on
earth, [at this his breath ftopt, and he fhed
tcirs abuntantly in mentioning his wife,
which moved his very enemies to compaf-
iTonJ Ifhould never take the pains to keep
lip this ruinous cottage of mine ; it is load-
tn with fuch infirmities, that in truth, I
have no great pleafure to carry it about
with me any longer-, nor could I ever leave
it in a better time than this, when I hope
the better part of the world would perhaps
think, tliat by this my misfortune I had
given a teftimony of my integrity to God,
my King, and country. I thank God, I
count not the affliftions of this prefcnt life
comparable to that glory, v/hich is to be
revealed in the time to come..

My Lords! my Lords! my Lords!
Something more I had to fay, but my voice
and fpirits fad me : only I do in all humi-
lity and fubmifllon caft myfelt down before
your Lordlliips feet, and defire that I might
be a pharos to kec p you frotn fliipwreck -,
do not put fuch rocks in your own way,
which no piudence, no circumfpcftion, can
efchew or fatisfy, but by your utter ruin.
7\nd whetlier your judgments in pjycafe(I
wiili it v.'ere not the cafe of you all) be ei-
ther for life or death, it Ihall be righteous
in my eyes, and received with a 1e Deum
taudamus : (and then he lifted up his eyes,
and (aid) In te Domine confido, ne confundnr
iij tSt-ernum,

' This he' fpake with an inirnitable lilc-and
grace. You hiive his very words as nsar
as I can remember, only with \o much lols
and detrimeiQt as hath perilhed.by traofcrit*
ing the copy from, his own;, mouth. Btrt
you define impartlaluy, and iwdeedyou havct
it,, and with fomci grains too of allowance..;
fori was fo afraid of my own afllctioq'to
the gentleman, that I rather 'bowed to .-the
other extremity, and therefoiehavt; fetdowD
his defences rather to ■his-difadvarjtagc.h.y
my riulepfn, than in the native colour^- to
his eternal glory, and thclconfMiron of hii
enemies. •' .-• "- '■ '■ •''.J

The repetitionof tlie charge did nocfpen^
much time -, they proceeded orderly" article
by article, in the very fairie words and mati
ter as before ; only there ' were ifome 'irei
markable dallies: that palled fro.mMrGlyn
(who was the man) in the time of their
handling.

He told them. That he fliould reprefcnt
the Lord Strafford as cunning in his replies;
as he had been crafty in his adions ; that
he waved all that was materia!, and infifted
only upon the fecondary proofs ; that it was
more than evident throughout all his charge;
how he had endeavoured to bring in an ar-s
bitrary and tyrannical form of government
over the lives, lands and liberties of the
King's fubjects ; ye.i, had exercifed a ty-
ranny over their confciences too, by the oath
adminiftred in Ireland : and though his
malicious defigns had taken no effecl, yet
no thanks to him, but to the gf^cdnefs of
the King, and the vigilancy of the peers.
Had they pleas'd, it had been too late to
have punidi'd him ; for no rule of law had
been left whereby toccnfcrehim, 'after the
death and expiration of the laws. And if
the intention of Giiido Faux might be
thought treafon, though the houle wasjfiot
blown up, then this intention of his may
admit the fame cenfure.

He clofcd : That throughout all his de-
fences he had pretended either warrants

from

A COLLECTION of TRIALS.

from the King, or elfe tlie King's preroga-
tive ■, and what was this elfe but to draw
up a cloud, artd exhale the vapour for the
eclipling of the bright fun, by the iealoufies
or repinings of his fubjeifls, if the ftrength
of his piety and jultice fhould not difpel
al] thefc mifts, and fend them down to their
original? That the very (landing and falling
of thefe three kingdoms Itood upon this
procefs ; all of which do conceive their
fafcty {o far interefted in his juft puniflimcnr,
that no fettling of their peace or quiet could
be expefted without this : That they hoped
the law fliould never protCLT: him, who had
^gone about to fubvert all law •, nor the no-
bility (who had the fame blood moving in
their veins) by fubmirting themlelves to his
bale tyranny, lofe that privilege and liber-
ty, which their anceftors had bought with
their deareft lives. Though there was no
ft atute for this treafon, was it the lefs mon-
ftrous ? for there was none for fo many
hundreds of years that durll ever venture
vipon luch infolencles, to occafion fuch a
ftatutej and were not the fundamental
grounds, rule* and government fufiicient to
rife up in judgment againft him, without
the making a particular ftatute ? This he
faid he left to the difpuce of the law ; and
concluded, that feeing they had found out
the Jonah, who thefe many years had tofled
and hazarded the fhip of the common-
wealth with continual ftorms and tempefts,
there could be no calms expedted, but by
calling himoutinto the feas -, which, in all
juflicc, chey muft, and doexpeftfrom their
hands, who are intrufted by the body of
the kingdom to do the fame. The aggra-
vation of the offence, he faid, he had left to
Mr Pym, who here fpake that fpeech which
is now in print.

It was a fport to fee how Mr Pym in his
fpeech was fearfully out, and conllrained
to pull out his papers, and read with a
great deal of conhifion and diforder, before
he could recoiled himfclfi which failing

of his memory was no fmall advantage to
the Lieutenant : becaufe by this means the
houfe perceived it was a premeditated fladi,
not grounded upon the Lieutenant's lall
anfwer, but refolved on before, whatfoever
he fliould fay for his own j unification.
But the Lieutenant was rot fuftered to re-
ply a wortl, either to Glyn or Pym, be-
caufe the lad word muft be theirs. And
fo with Tuefday ended the matter of
fad.

On Thurfday the difpute in law is ex-
peifled.

Upon Wednefday we were big with ex-
pe6lation for the matter of law, havmg
done before with matter of facl -, but it
feems the Houfe or Commons had per-
ceived a great defedlion of their party, and
a great increafe of the Lord Stratford's
friends in both the Houfes, occafioncd by
his infinuating, honeft, and witty defences,
and therefore refolved of no more hearing-
in publick : therefore it was thought upon
by his accufers to draw up a bill of at-
tainder, and prefent the fame to the
Lords; whereby, Firft, the inattcr of fa<ft
fhould be declared to have been fufficiently
proved -, and then in the matter of law,
that he had incurred the cenfure of treafon,
for intending to fubvert the fundamental
laws of the kingdom : for though (laid
they) he cannot be charged by letter of
ftatute of the twenty-fifty of Edward the
Hid, yet he is within the compafs of the
faho, whereby it is provided. That the
King and Parliament hath power to deter-
mine what is treafonable, and what not ,
and that they were confident the Lords
would ratify and approve of this bill of
theirs, and give judgtr.ent accordingly.

The motion was fcoutiy oppofedby three
great lawyers, (all Members of the Houfe)
Selden, Holborn and Eridgeman, who
made it manifeft, that the falvo ot 25 Ed-
ward I lid was repealed; and that no man
could nijw be convic'led of treafon, but by

the

A COLLECTION of TRIALS.

the letter of that flatute : but being put to
voice, it was carried for the bill, and a
committee appointed for to draw it up.

This gave occafion of much talk abroad,
and they who were otherwife the Lord
Strafford's enemies, could not find equity
enough in the bill of attainder. Son^e
could not conceive what difference imagi-
nable was betwixt the bill and the charge
pnfented before; for in the charge he was
acculed of treafon, and the bill (though
they had no legiflative power) feemed no-
thing but an affirmation of the fame.
Others (who would have the bid under-
llood of a definitive fentence, becaufe it
was confecutive to the proofs) were not fa-
tisfied, but that it was againft all pradlice,
that the Commons fliould give fentence
upon the death of a Peer ; and that it was
againll common equity too, that the party
accuf.uit fliould give the judgment, if the
complaincrs were admitted to be judges.
A third fort gave it out, That thi; was no
fentence againll the Lord Strafford, but
only a palling of a new aft of Parliament,
about a matter not hitherto declared trea-
fonable : but yet thefe doubted, that by
declaring the matter of faft to be approved,
and applying the ccnfure to it, in reference
to the Lord Strafford, it would ever be
thought a lentence againft him, to blemifn
his own fame, and the blood of his poite-
rity. Moreover, that if they were about
to make a new act, it were ftrange to pu-
nllh a man for the breach of fuch a (latute
as was not yet extant /;/ ret urn nattwa ;
which fliould in reafon refer only to future
obedience : and (what is more ftrange)
though there were a new ftatute, yet by
what authority the Parliament hath, or
could declare any individual or accumula-
tive aft, which is already, to be treafon-
able ; which muft be treafon by virtue of
a (tatute, or elfe no treafon at all. Now
there is none can be brought, except the
twenty-fifth of Kdward the Hid, whereof

Vol. I. No. 4. T

the letter of that ftatute cannot, by their
own confefilon, nor was not fo much as
once alledged apainft the Lord Strafford :
and for the falvo or frovijo (which they
m;iinly infifted on) the fune ftands repealed
by two pofterior afts of Parliament.

You have the mutterings of all forts of
people.

The Lords fearing the proceedings, as
a beaten path, trodden out to the ruin of
their own lives and eftates, told the houfe
of Commons in their conference upon
Thurfday, That they would go on the;
fame way they did already ; and, accord-
ing to the order of the houfe, give full
audience to the Lord Strafford's counfel in
matter of law, and that they ihem.fclvei:,
as competent Judges, would bv themfelves
only give fentence in the caufe ; nor was
there any other courfe fuitable to the prac-
tice and ftatutes of the kingdom, the fafecy
of the nobility, or to equity or common
juflice.

It was replied by them of the low.r
houfe, That they were refolved to go on
with their bill, and if the fame fliould be
rcjefted by the Lords, they feared a rup-
ture and divifion might follow, to the
utter ruin and delblation of the whole king-
dom, that no content would be given to
the Jubicft, (and this was a ftrong argu-
ment indeed, yet better befccming par-
tiality and violence, than the pretended
jurtice and piety of the times) unlefs the
man, who had lo much intruded upon
their right, and difcontented the people,
might be punifhed as a traytor ; and for
the praftice of the kingdom, that no man
had ever found fuch a favourable hearing ;
and that the procels aga'tnft Effex, Norfolk,
Somerler, were all of them doled up in
one day.

Upon Friday the Lords gave anf-ver,
That thsy could expeft nothing from tlvi
houfe of Commons, but what lliouid tend
to the peace and prcicrvation of the king-
dom ; nor was there a more forcible way

than

A COLLECTION of TRIALS.

'70

than to prefcrve the laws and cuftoms
thereof, ic-ft innovation, lb much com-
pla:ned of by them, might unhappily be
found amcngTIiemielves, That the lUbjeifls
Should have all that juftice could afford,
but that an a<^t of injuftice would never give
fatisfadion to the world, nor fafety to
thenilelves ; tiie eyes of all foreign ftates
being fixed upon the bufinefs now in
agitation, and the wifdom of our nation
cither to be much advanced ordeprefTed by
their judgments in this cafe: That the pro-
cefs againrt Norfolk and Eflfex (for Somer-
kt was convifl only of felony, and liad not
fo much animadverfion to fave himfelf by
liis book) were for dire6t and formal trea-
fons, comprized in one or two individual
2(fts ; but this againft the Lord Strafford
Oiily arbitrary and accumulative, to be
picked out of twenty-eight articles •, and
therefore that it was impoffible to have a
full examination of them all, to give fen-
tence againft him. And thofe noblemen
. were charged with fome actual breach of
, itatuies, iormerly made ; but here a new
. itatute was to be made, or elfe he to be
found guiklefs. They concluded, that
ihcy had given order for his appearance on
Saturday, and that in the great hall at
, Weftminder, where the houfe of Commons
might, if they pleafed, be prefent.

After fome deliberation with the houfe,
the conferrers anfwcred, That fince the
_ Lords had fo refolved, they would not deny
to be there prefent, and to hear what his
counlel could fay for him -, but to reply
any more in publick, they neither could
nor would, becaufe of the bill already paft :
only if the Lords fhould take any fcruple
in the matter of law, they would be ready
to give them fatisfadion by a private con-
ference, (fo they willingly declined to do
what indeed they could not poffibly do)
that is, to give public fatisfadion in the
matter of law.

Upon Saturday tliey convened in the
great hall, but they that were of the com-
mittee for the great charge, did not liand
at the bar, as before, but fat promifcu-
oufly with the reft of their fellows -, fo that
a mouth v.'as not opened in the behalf of the
houle of Commons all tliat day. After
they were fat, the Lord Steward told the
Lieutenant, That tlie Lords had refolved
to give him a fair hearing. in the matter of
law, and therefore defired that the counfcl
might keep that diftance, moderation and
rcfped to the judicatory that was litting,
and not at all to meddle with the matter of
fad.

The Lieutenant replied, That in all hu-
mility he did acknowledge that iV.vourfrom
the Lords ; and that it was fuch an one too,
as he could not but exped from fuch ho-
nourable peers and jult pcrlcns, in whofe
integrity and goodnefs (under that which,
he had placed above) he had repofed his
chiefeft confidence j for his counfcl, they
knew much better than himfelf v.'hat con-
cerned the point of difcretion and re-
verence; and that he doubted not but that
they woiild give ail fatisfadion and obe-
dience.

Then his counfel were called to the bar,
Mr. Lane, the Prince's Attorney ; Mr^
Gardiner, Recorder of London ; Mr. Loe,
and Mr, Lightfoot. Mr. Lane fpake, anel
much to this fenfe and purpofe :

My Lords,, there is an heavy charge
lieth on me and my fellows, nothing lefs
than to defend the life, the cflate, the re-
putation, yea the pofterity of this honour-
able perfon at the bar; if therefore we
fliall be moreprelTing, we hope your Lord-
lliips will interpret this our forwardncfs to-
be for honour and confcicnce-fake, in a
matter that concerneth both fo nearly ;
but it fliall be our endeavour to carry our-
felves with our belt refpeds to your Lord-
Ihip!:, and with all content and latisfadiort
to the honourable houfe of Coiiunons •, and

becauJe

A COLLECTION of TRIALS.

becaufe your Lordlhips mentioned the mat-
ter of faft, one thing I dare be bold to fay,
'J'hat all the time of this noble Lord's de-
fences, he did not fo much as crave any
one of our opinions ■, yea, or acquainted us
vvirh any thing that tended that way. And
for the matter of law, thofe ftatutes cited
by himfelf were none of our Hock, but
taken up at his own adventure; nor do I
fpeak this to derogate from the pertinency
of thofe ftatutes (for they fhall be the lub-
je61: of my difcourie) but that the noble-
man be not difappointed of your right con-
ceptions, and his own due praiie.

My Lords, it is yourpiealure we meddle
not with matter of facft, and indeed we
need not meddle at all with it, becaufe we
hope it is already done, and that fufficiently
to our hands -y. yet the matter of law doth
fo nuurally rife out of the matter of faft,
that of necefHty (under your Lordfhips fa-
vours) we mult fomewhat grate on this, if
we fpeak on tliat -, nor do I conceive it
poffible for us to fpeak advantageoully
enough for the Lord Strafford's jull de-
fence, unlefs the whole matter of fad be
determined, either as proved or not proved,
or at leaft fomc ftates of qucftioHs agreed
upon, where we may fix and fettle our ar-
guments. And therefore it is, my Lords,
that I have chofen not at all to touch the
matter of law (until your L,ordfhips (hall be
pliiafe.i to chalk me out a way) unlefs it be
to clear your judgments in one ftarute
only, viz. 25th of Edward IH. Becaule
when the fame was alledged by the Lord
Straftbrd m his own defence, that not
being convifted of t!.e letter thereof, he
could not be convidled of treafon ; I re-
member the falvo of that Itatute was much
infifted upon by thofe from the houfe of
Commons, as much conducing to their
own en.:s. My Lords, I will firft fpeak ';f
the ftatute itfclf, and then of \ts falvo or
provifion. The flatate is, ••' J hat if any
man Ihall intend the death of the King, his

Qi-ieen, their children ; kill the Chancellor,
or Judge upon the bench •, imbafe '.he
King's coin, or counterfeit the broad-feal,
&c. he fhall be convided and punifhcd as
a traytor." That the Lord Strafford corner,
within the letter of this ftatute, is not fo
much as once alledged, nor indeed it
cannot be with any reafon. All that can
be faid, is, that by relation, or by argu-
ment a minori ad tnajus, he may be drawn
thither ; yet that this cannot be, I humbly
offer thefe ccnfaderations.
. Firft, This is a declarative law, and fucb
are not to be taken by way of c®nfcqucnce,
equity, or conllruCtion, but by the letttr
only; oiherwife they fliould imply a con-
tradiction to themfelves, and be no more
declarative laws, but laws of conftruftion,
or conftitutive.

Secondly, This is a penal law, and furh
(if our grounds, hitherto uiiqueftioned,
hold good) can admit of no conftruftions
or inferences ; for penalties are to perfuade
the keeping of known laws, not of lav^s
conjedlural, ambiguous, and by confe-
quence, which perhaps the moft learned
may not in their difputes queftion ; much
lei's the fubjeft (who is not obliged to in-
terpret the ftatute) doubt of in the point of
obedience •, yea rather without any doubt,
he is to obey the letter of the ftatute, and
conceive, (and that iruly) that he is not
liable to the penalty.

Thirdly, We have a notable law, i jth
of Elizabeth, cap, 2. whereby it is declared.
That the bringing in of bulls from Rome,
to ftir up the fubjecft to mutiny and rebel-
lion, fhall be punifned i<s treafon. Now if
by interpretation, or bv confequenre, this
fenfe niighr have been thruft upon the pre-
ceding ftatutes, the making of this had
been fuperfluous ; yea, the pcribns then
cha'.7rd with that crime, mi.pht h.ivc been
impeached of treafon, even before the

making of this ad.

Anuo-.

72 A C O L LECTION

Anno 2 1 ft of Edward III. we have a
ftatute declaring. That for a fervant to
kill his mafter, is an ad of treafon ; and in
the three and twentieth year of the fame
King;, a procefs of treafon was framed
againll a man for killing his father, ground-
ed upon the fame argument, a minori ad
majus : But it was found (and the fentence
is yet in the records) that although in the
one and twentieth year of Edsvard III. that
argument might have been admitted ; yet
in the twenty- feventh it could not, by
reafon of the declarative law intervening in
the twenty-fifth year -, and this cafe comes
very home to the point in law.

My Lords, I will net demand what kind
of offence it may be, for a man to fubvert
the fundamental laws of a kingdom; the
crime doubtlefs is unnatural and monftrous,
and the punifliment mult keep the fame
proportion ; only I prefume to offer thefc
few things to your Lordfliips confiderations.

Firft, That one or more acls of injuftice,
•whether nialicioufly, or ignorantly done,
can in no fenfe of law be called the fubver-
fion of the fundamental laws ; if fo, as
many judges (perhaps) fo many traytors.
Jt is very incident to man's nature to err;
nor doth the Lord Strafford plead his In-
nocency in over-fights, but in treafon.

Secondly, I do ren";ember the cafe of
John de la Poole, lOuke of Suffolk : this
man, in the twenty- eighth of Henry the
Vlth, was charged by tiie Houfe of Com-
mons with articles of treaion, and thofc
too very like to thefe again ft my Lord
Strafford.

1. That he had given the King bad ad-
vices.

2. That he had embafed his coin.

3. That he had ceifeil men of war.

4. That he had given out fummary de-
crees.

5. That he had impofed taxes.

6. That he hud corrupted the fountain
of juftice.

IF T Pv I A L S.

7^ That he had perfuaded the King ro
unneceffary war, and to tlie giving over of
Anjou in France, Ovum ovo.

And for all thefe, though he was charg-
ed with high treafon, for wronging the
right of the fubjeft, and fubverting the
fundamental laws of the kingdom ; yet
after a long agitation, the matter was
found by the Lords of Parliament, not to
imply treafon, but only felony. Add to
this another, who in the twenty third of^
Henry the Eighth, was charged for fub-
verting the Englifn laws, and yet no trea-
fon charged upon him. Add to both the
charge of Richard Larks, pleaded at tiie
Common-Pleas, who was charged with
treafon for fubverting the law, but conviifled
only of felony. By which you may fee,
my Lords, what to this time hath been
fubverting the laws.

Thirdly, It is very confiderable, that the
Lord Strafford is not charged to have fub-
verted, but only to have intended to fub-
vert the fundamental laws : And this I con-
ceive, if there were no more, might keep
him free from that i^atute of the twenty-
fifth of Edward the Third. For although,
as touching the King, his Qiieen and
children, intention is treafonable ; yet in
all other things there mentioned, there muft
be aftion befide intention ; for it is not
faid. If a man do intend to kill a Chan-
cellor, it fliall be trealbn ; but only, if he
do kill him ; and if he doth adually coun-
terfeit the broad feal. And although a man
fliould prepare a furnace, make ready his
ftamp, melt his bullion, yet if he gives
not the King's impreffion upon the coin, all
his intentions, yea, his preparations will
not ferve to make up a treafon.

And this, (under favour) may ferve to
anfwer the cafe of Guido Faux, lately ob-
jeded ; unlefs it be alledged, that the
Lord Strafford had as real an intention
againft the King's life as Faux had ; for
though the intention in tliat cafe be treafon

A COLLECTION op TRIALS.

by the (latiite, yet in all other things there
is no treidbn without the aftion ; fo im-
msnfe and vaft a difference both is, and
ought to be, betwixt a project againft the
royal blood, and all things elfe ot a lower
and under nature.

You fee therefore, my Lords, that the
body of the flatute cannot flick again!!: the
Lord Strafford, neither in letter, nor in
confequence •, this is not, that muft not
be : All that can be faid, is. That this fa£t
may be treafon by the common law. For
my part I profefs my ignorance, who ever
thought the common law might declare,
but never make a treafon ; that is, it might
be prefuppofed that there is a ffatute where-
upon to build a declaration -, and therefore
to fay there is no ftatute for it, is to fay
it is no treafon at all. The flatute ever
makes the treafon ; and to be declared to
be treafon, either by common lav/, or by
Parliament, are but two different ways of
proceedings, and muft both refolve into
one principle ; yea, which comes home to
the point, in the one and twentieth of Ed-
ward the Third, to kill a man imployed in
the King's war, was treafon ; and the
twenty- third. To kill the King's meflenger,
was treafon by declaration of the common
law, but always by reafon of the ftatute-,
yet none of thefe are now treafons, but fe-
lonies only, by reafon of the intervening
ftatute, the twenty-fifth of Edward the
Third : fuch hath ever been thought the
force of its letter and declaration. And fo
I will leave it, and fpeak a word or two of
the /ah 0, which is this; That becaufe all
particulars could not be then defined, there-
fore what the Parliament fhould declare to
be treafonable in time to come, Ihould be
punifhed as treafon.

And according to this refervation, in the
eighth year of Richard the Second, one
whq was charged before the King's-Bench,
was afterwards referred to the Parliament ;
and there, though the fad was not contain-

VoL. I. No. 4. U

ed in the body of the ftatute, yet becaufe of
t'le provifo afore-mentioned, it was adjudg-
ed treafon.

In the eleventh year of the fame King,
the Duke of Ireland, and Nevil, Arch-
bifhop of York, were impeached of high
treafon by Gloucefter, Arundel and War-
wick v and notwithllanding the ftatute,
were convicted thereof by the faho. B^crt
in the one and twentieth of the fame
Richard the Second, the tide turned, and
the King had fuch a hand with the Par-
liament, that the fentence was recalled,
and thofe three noblemen themfelves ad-
judged traytors. Again, in the firft of
Henry the Fourth, his fuccelTor, that re-r
vocation of the one and twentieth of Rich-
ard the Second was repealed, and the fen-
tence of the eleventh of his reign eftablifti-
ed. Such were the toffings to and fro of
treafon, and all becaufe of that uncertaia
frovjfo.

Therefore it was, that in the fame Par-.
liament, the firft of Henry the Fourth, a
petition was preferred by the nobility to^
have treafon limited with fome ftatute i
becaufe they knew not what to fpeak, or
what to do, for fear thereof. And in the
tenth chapter an aft was made upon thii
petition, that the faho fliould be holdca
repealed in all times to come, and nothing
efteemed treafon but what was literally con-
tained in the ftatute of the twenty-fifth of
Edward the Third j and therefore it is faid
in the records. That there was great joy at
the making of this aft, in that the drawn
fword hanging over every man's head, by-
this flendcr thread of a confequence, or
illation, was moved by that aft. Add to
this. That in the firft of Queen Mary, the
firft chapter, the fame is repeated, " That
no man ftiall be puniftied in life or eftate as
a traytor, but for the crime contained in the
ftatueof the 25th of Edward III." without
the leaft mention of a pretended y^/w.

The

74 ACOLLECTIO

The Earl of Northumberland's cafe con-.es
nigh to the point ; he was charged with
treafon, the firfl: of Henry the Fourth, and
if the ftatute of the fifth of Henry the
Fourth, the firft chapter, whereby this /rc-
•vifo is repealed, had not intervened, no
doubt he had been condemned of treafon ;
but he was only convided of felony, and
that becaufe he could not be drawn within
the letter of the ftatute of the twenty-fifth
or Edward the Third. And I dare con-
fidently fay it, That fince that afl was
made, the firft of Henry the Fourth, the
firft chapter, whereby the provifo is re-
pealed, no man hath ever been declared a
traytor, either by King or Parliament, ex-
cept it were upon that, or fome other
ftatute, literally and declaratively taken.
Thefe two things I do offer to your Lord-
fhips confiderations ; That the l<ord Straf-
ford cannot be impeached of treafon by the
ftatute of the twenty fifth of Edward the
Third, and that the falvo contained in the
fame ftands repealed almoft two hundred
years ago. And this is all I conceive to be
neceftary for that ftatute which was al-
ledged by the Lord Strafford in his defence
for matter of faft.

Then the Recorder fpake fome few words
to this purpofe ; That what was fpoken
upon the ftatute, was becaufe it feemed in-
feparable from the matter of faft, that they
could proceed no farther, till a ftate were
afforded them •, that to do otherwife, they
conceived, might be very prejudicial unto
my Lord Straftbrd :

Firft, In that they fhould fuppofe that
to be done, which is not proved to be.

Secondly, That the matter of law arifeth
fo naturally from the matter of faft, that it
will be impofTible to feparate one from the
other.

3dly,Thatitisthecourfeofalljudicatories,
firft to fettle the verdift, and upon that to
fix the arguments, otherwife he could con-
ceive no pofTible way of proceeding ; and

N OP TRIALS.

therefore, in the Lord Strafford's name, he
moft humbly entreated, that the Lords
would either wholly determine the matter
of faft (or whether treafon or not ; for then
all other proceedings in the law were unne-
celTary, but whether done or not done) or
elfe to give them fome ftates of the queftiorJ
whereunto they might confine themfelves.

Upon this motion the houfe was ad-
journed for that day, nor hath it met fince-,
for the Houfe of Commons are returned to
their old biafs, and will hear of nothing but
the bill of attainder ; but the Lords fecm
to be more refolute than before, becaufe
they find that they have no authority to de-
clare a treafon in a faft already paft, the
faho of the 25th of Edward the Third
being repealed \ withal, that if the bill of
attainder fhould proceed, the King hath as
gfeat power to hinder that at the laft blow^
as any other ftatute; but I hope the Lords
will difburden him of that envy.

All the which ftand obliged to the Lord
Strafford, in blood, affeftion or deferving ;
and all who have been interefted with him
in the King's fervice, and many too, who
both hate his perfon, and diflike his pro-
ceedings, will doubtlefs look upon ir, and
tender their own fafety; all of them in like-
lihood being fubjeft to the charge of trea-
fon, if ever they chance to be called to do-
the King fervice in any place of im-
portance.

I cannot exprefs how much the voice of
the multitude is new altered from what it
was lately, nothing now talked of what
fhould be done, but only of what muft be
done : So that if the Lord Strafford dies,
his very enemies will confefs, that it is
done more for necefTity than for jufticej.
and rather for the fatisfaftion of rancorous
apprehenfions, than for any guiltinefs in the
caufe.

Thurfday laft, viz. April 29, was de-
fer the agitation of the long inter-
mitted

figncd

A COLLECTION or TRIAL S.

mitted bufinefs concerning the Lieutenant ;
and the way was this :

The Lords did meet at the great hall at
Weftminfter about nine of the clock, not
in their robes, nor did the Lord Steward fit
upon his fack, but with the reft promif-
cuoufly i nor did the committee for the
Houfe of Commons ftand at the bar, but
fat with the reft of their fellows ; and the
Earl of Strafford fat behind the place where
he ufed to fit before ; the reafon of thefe
changes was, becaufe the dyet was ap-
pointed not for a meeting, but for a con-
ference ; fo curious are we (and that's all)
about formalities. The King, Queen and
Prince were there, according to their
cuftom : not a man fpake a word in the
houfe all the time, but only Mr. St. John,
tlie King's Sollicitor, one of the committee;
whole drift and purpofe was to furnifli the
Lords with realons, why the Houfe of
Commons had proceeded with a bill of
attainder; and withal, to reply to what the
Lord Strafford had fpoken, either by him-
ie\f, or his council, in matter of law. The
ijpeech was in print.

Upon the clofe of Mr. St. John's fpeech,
the houfe dilToh'ed ; nor was there a word
Ipoken but by Mr. St. John : only the
Lord Lieutenant ufed the laft part of his
rhetorick, and by a dumb eloquence, nia-
nibus ad fydera ttnfis^ all along Mr. St.
John's fpeech, made his replies with a deep
filence.

Upon Friday he petitioned the Lords to
be heard again, and that becaufe his law-
yers had not fully fpoken at their laft meet-
ing; but this was denied him, becaufe the
houfe were to have the laft fpeech, nor
were they content to fpeak again.

Upon this information, or what elf'e is
not known, the King (it feems, fearing the
inconftancy of the Lords) came to the
Houfe on Saturday at ten of the clock, and
having called for the Houfe of Commons,
ipakc much to this ?fied.

The King's Speech to the Houfe of
Commons.

" That he had fincerely, without af-
fedbion or partiality, endeavoured to in-
form himfelf concerning the Lieutenant's
charge ; and had, at length, ferioufly pon-
dered with himfelf, both concerning the-
matter of fasfl and the matter of law ; and
now it ftood him in hand to clear their
judgments, then to exonerate his own con-
fcience. For them, he had two things to
declare :

" Firft, That there never was fuch a
projeft, nor had the Lord Strafford ever
offered fuch advice, for the tranfporting of
the Irifh army into England ; fo that in
nothing the Lieutenant had been more
mifunderftood than in that : which im-
putation did in no fmall meafure refledt on
himfelf (the King) as if he had intended
to make war upon his own good fubjecls ;
which thought (he faid) was far enough,
from his breaft, nor could any man in pro-
bability think fo unworthily of him, v/ho
had perceived how gracioufly he had dealt
with his fubjedls elfewhere, that had de-
ierved a o;reat deal worfe.

" Secondly, That the Lieutenant had
never advifed him to eftablifh an arbitrary-
government ; nor, if he Iiad, flTOuld he
have efcaped condign punifhment ; nor
would any of his good fubjedts ever think
otherwife, unlefs they conceived him either
to be a fool or a tyrant ; tliat he either
could not, or would not difcern fuciv
wickednefs. He was well content (hs
faid) with that authority and power which
God had put into his hands ;. nor fliould.
he ever think it his prerogative, to intrude
upon the propriety of the fubjeifl.

" For himfelf, and his own confcience,
(he faid) he was now to declare, 1 hat in
his ow'n iuda-ment there was nothing in the
procefs againft the Lieutenant that deferved

the

7<> ACOLLECTn

the ccnfure of trcafon. Overfights and
rnifdemeanors there were,' in fuch a mea-
sure, that he. confcfled the-Lord Strafford
was never worthy hereafter to bear any
office in his kingdon:is, no, notfo much as
of a conftabje •; but was to be anfwerable
for ai! his errors, wh.en they were to be
charged upon him -, and to this none of
rhein fhould concur with greater alacrity
than himftlf. That he hoped none of
them would deny to give him the privilege
of the firll voice, which was, That he
■vv~ould never, in heart nor hand, concur
with them to puniQi this man as. a traytor;
and defired therefore, that they would think
of fome other v.'ay how the bufmefs might
.be compofcd ; nor fhould it ever be lefs
dear to him 1; though whh the lofs of his
dcareft blood) to proteft the innocent,
than to punifli the guilty."

Upon Saturday, May 8, the bill againft
the Lord Strafford paffed the Lords -, there
were forty-five prefent, of which nineteen
voiced for him, and twenty-fix againft him.
The greateft part of his friends abfented
themitlves upon pretence (whether true or
Juppofititious) that they feared the mul-
titude; otherwife his fuffrages had more
<than counterpoifed the voters for his
xieath.

Sunday all the day the King was refolute
Jiever to give way to the bill againft the
Lord Strafford, telling them withal. That
it feemed ftrange to him that the man could
jiot die, unlefs he, and he only, by giving
fentence the King's legiflative way, fhould
condemn him.

But after they had wreftled him breath-
lefs, athB: vl^us dcdil manus ; being over-
come with fuch uncelTant importunities, he
yielded. And about nine of the clock at
night tiie King promifed to fign both the
bills the next morning; which was accord-
ingly done, and a commiflion drawn up for
his execution.

F 'T R I A L S.

' The Commons were over-joyed at the
pafTmg thefc two bills, and returned his
Mijefty their thanks for his extraordinary
condefcenfion, alluring him, They would
make him a glorious King, and Richer than
any of his Predeccjfors : But whatever they
then defigned to make him, certain it is,
he became from that hour dependant on the
Parliament, and by giving the royal afTent
to thofe two afts, refigned his authority
and influence over his people. No man
durft ferve him, after they faw this great
minifter facrificed to his enemies ; the Par-
liament perpetuated, and affuming a power
of compelling the King to yield to what-
ever they demanded. The giving tip Lord
Strafford to their fury, therefore, was fo
far from reftoring peace and tranquility to
the common-wealth, or fafety to the royal
family, that it infpired the fiiftion with ftill
more infolence, made them look upon the
King and Peers as their vaffals, and ufe
them for the future as if they really had no
other authority than what they derived
from the people, whofe reprefentatives the
commons were.

The King, too late fenfible of his error,
wrote to the Houfe of Peers, by the Prince
his fon, to entreat that mercy might be
fhewn the Earl : That they would be con-
tent with his perpetual imprifbnment-, and
endeavour to obtain a conference with the
Houfe of Commons, and bring them into
the fame fentiments, adding, by way of
poftfcript, " That if he muft die, it were
charity to reprieve him till Saturday." But
fo little influence had the prayers and en-
treaties of their once Dread Sovereign, that
the Lords let his Majefty know, neither
of his intentions could be complied with,
pretending that the Qiieen and their child-
ren would be in danger, if they fliould
confent to either.

Wednefday the 12th of May, therefore,
being appointed for the execution of the
Earl, he defired the Lieutenant of the

Tower,

A COLLECTIO

Tower, the evening before, to let liim
fpeak with the Archbifliop of Canterbury,
his fcUow-prifoner ; but the Lieutenant
anfwered, he durft not permit him, with-
out an order of Parliament ; whereupon
the Earl related to Archbifhop Uflier, who
was then at his Lordfhip's lodgings in the
Tower, what he intended to have faid, if
he had been permitted to fee Archbifhop
Laud, namely. That he would have de-
fired his grace to affifl him with his prayers
that night, and give him his bleffing when
he went to the Icaffold the next day ; he
defired alfo he would be at his window,
that he might thank him for all his fa-
vours ; and Archbifliop Uflier delivering
themeifage to Archbifliop Laud that even-
ing, his Grace of Canterbury appeared at
his window next morning, as the Earl I
paflTed by, when the Earl looking up, and
demanding his prayers and his blefling, his
Grace lifted up his hands, and gave him
both ; then the Earl, making a fubmiflive
bow, faid, '* God proteft your innocency,"
and moved on towards the fcafi^old, which
was erefted on Tower-hill. The Lieute-
nant was defired to take coach, for fear
the mob fliould rufli on him as he walked,
and pull him to pieces : But the Earl an-
fwered, no ; he was not afraid to look
death in the face, and the people too.
Have you a care, fays the Earl, that I
don't efcape •, and whether I die by the
hands of the executioner, or the fury of
the people, to me is perfedlly indifferent.

Having mounted the fcaffold, he faluted
the gentlemen he found there, and began
to take his lad leave of his friends, who
appeared much more concerned than him-
felf, and obferving his brother. Sir George
Wentworth, to weep : Brother (faid he
chearfully) What do you fee in me to de-
ferve thefe tears ? Docs any indecent fear
betray in me any guilt, or my innocent
afTurance any atheifm ? Think now that
you are accompanying me the third time to
Vol. I. No. 4. X

NofTRIALS. 77

my marriage bed : Never did I throw off
my cloaths with greater freedom and con-
tent, than in this preparation to my grave.
That fl:ock (pointing to the block) mufl; be
my pillow : Here fliall I refl; from all my
labours : No envious thoughts, no dreams
oftrealon, jealoufies, or cares for the King,
the fl:ate, or myfelf, fliall interrupt this eafy
fleep; therefore, brother, pity with me thofe
men, who contrary to their intention, have
made me happy. Rejoice in my happinefs,
rejoice in my innocence. Then kneeling
down, he made this protefl:ation : I hope, gen-
tlemen, you think that neither the fear of
lofs, or love of reputation, will fuffer me
to belie God and my own confcience at this
time. I am now in the very door going
out, and my next fl:ep mufl: be from time
to eternity, either of peace or pain. To
clear myfelf before you all, I do here
folemnly call God to witnefs, I am not
guilty, lb far as I can underfl:and, of the
great crime laid to my charge ; nor have
ever had the leaft inclination or intention to
damnify or prejudice the King, the fl:ate,
the laws, or religion of this kingdom ; but
with my befl: endeavours to ferve all, and
to fupport all, " So may God be merciful
to my foul."

Then rifing up he faid. My Lord Pri-
mate of Ireland, and my Lords, and the
refl; of thefe noble gentlemen, it is a great
comfort to me to have your Lordfliips by
me this day, becaufe I have been known
to you a long time. I come here, by the
good will and pleafure of God, to pay that
laft debt I owe to fin, which is death •, and
by the blefling of that God, I trufl: to rife
again, througli the m.erits of Jefus Chrifl:,
to righteoufaefs and life eternal.

I fubmit to the judgment, that has pafled
on me, with a quiet and contented mind.
I thank God 1 freely forgive all the world
from my very heart ; there is not a dif-
pleafing thought arifing in me towards any
man living ; and my confcience bears me

witnefs.

A COLLECTION of TRIALS.

witnefs, that in all my employinents, fincc
I had the honour to ferve his Majttly, I
never had any thing in the purpoie of my
heart, but wliat tended to the joint and in-
dividual prosperity of King and people, al-
though it hath been my ill fortune to be
mifunderftood.

I am not the fiift that hath fuffered in
this kind ; it is the common portion of us
all, while we are in this life, to err:
Righteous judgment we muft wait for in
another place ; for here we are very fubje£t
to be misjudged one of another. There is
one thing I defire to free myfelf of, and I
am very confident I fhall obtain your
Chriftian charity in the belief of k. I was
fo far from being againft Parliaments, that
I always thought the Parliaments ot Eng-
land, were the moft happy conflitutions
that any kingdom or nation ever lived
under, and the bed means under God, to
make both King and people happy.

My Lord Primate, it is a great comfort
to me, that his Majefty conceives me not
meriting fo fevere and heavy a puniihment.
I do infinitely rejoice in this mercy of his,
and I befeech God to return it into his own
bofom, that he may find mercy when he
ftands moft in need of it.

I wifli this kingdom all the profperity and
happinefs in the world. I did it living,
and now dying it is my wilh. I do moft
humbly recommend this to every man who
hears me -, but defire they would lay their
hands upon their hearts, and ferioufly con-
fider. Whether the beginning of the hap-
pinefs and reformation of a kingdom Ihould
be written in letters of blood ; and may I
never be fo unhappy as that the leaft drop
of my blood fhould rife up in judgment
ao-ainft any one of you -, but I fear you are
in a wrong way.

My Lords, I have but one word more :
I profcfs I die a true and obedient fon to
the " Church of England," wherein 1 was
born, and in which I was bred ; [' Peace

and profperity be ever to it." It has been
objedled, but it is an objedion fcarce worth
aniwering, that I have been inclined to
"popery," though I can truly fay, that
from the time I was one and twenty years
of age, to this prefent, going now upon,
forty-nine, 1 never had it in my heart to
doubt of the religion of the " Church of
England," nor ever had any man the bold-
nefs to fuggeft any fuch thing to me. And
nov/, being reconciled by the merits of
Jefus Chrilf, my Saviour, into whofe
bolbm I hope I Ihall Ikortly be gathered, to
thofe eternal happineffes which fhall never
have an end, I defire heartily the forcrive-
nefs of every man for any raih or unadvifed
words, or any thing done amifs. And fo,
my Lords and gentlemen, farewell I fare-
well all things of this world !

I defire you will now join with me in
prayer, and I truft in God we fhall all
meet, and live eternally in Heaven, there
to receive the accomplifliment of all hap-
pinefs, where every tear fhall be wiped
away from our eyes, and every fad thought
from our hearts : And now God blefs this
kingdom, and Jefus have mercy on my
foul!

Then he faluted the noblemen, and other
perfons of diftimStion upon the fcafFold ;
after which he faid again, gentlemen, I
entreat you all to pray with me, and for
me •, and his chaplain, having laid the
book of Common-Prayer before him, he
kneeled down, and prayed out of it a quar-
ter of an hour, and as long without book,
concluding with the Lord's-Prayer.

Then ftanding up, he laid (to Sir George
Wentworth) " Brother, we muft part."
Remember me to my fifter, and to my
wife, and carry my ble/Ting to my fbn :
charge him that he fear God, and continue
an obedient fon to the " Church of Eng-
land ;" warn him that he bear no private
grudge, or revenge towards any man con-
cerning me. And bid him beware he

meddle

A COLLECTIO

meddle not with church livings ; for that
will prove a moth and canker to him in his
eftate •, and wifli him to be a iervant to his
country, without aiming at high prefer-
ment.

Carry my bleffing alfo to my daughters
Anne and Arabella : charge them to ferve
and fear God, and he will blefs them -, not
forgetting my little infant, which yet knows
neither good nor evil.

While he was undrefling, he faid, I as
chearfully put off my cloaths at this time,
as ever I did when I went to bed ; and
putting on a white cap, he tucked up his
hair under it ; then having prayed again,
and fubmitted to the block, his head was
fevered from his body at one blow.

By the written inftrudlions the Earl left
his fon, he commanded him to be obedient
to the governors he had appointed him -,
and charged him, as he would anfwcr it at
the laft day, not to enter upon any public
employment, until he fliould be thirty
years of age ; and then, if his Prince fhould
call him to public fervice, he fhould readily
undertake it, and be fincere and faithful to
his mafter, though he fhould come to the
fame end he did himlelf. And laftly, that
he fnould never lay his hands upon any
thing that belonged to the church. He
forcfaw that her revenues would be feized,
and conjedtured they would be diftributed
among the nobility and gentry ; and again,
charged his Ion, therefore, not to meddle
with them, for the curfe of God would
follow thofe, he held, that meddled with
furh things.

An Ad: for Reverfing the Earl of Strafford's
Attainder..

"Whereas Thomas, late Earl of Strafford
was impeached of high treafon, upon pre-
tence of endeavuuring to iubvert the fun-
damental laws, and called to a public and
folemn arraignment, and tryal before the

N OF TRIALS.

Peers in Parliament, where he made a par-
ticular defence to every article objefted
againft him ; infomuch that the turbulent
party then feeing no hopes to effett their
unjufl: defigns, by any ordinary way and
method of proceedings, did at laft refolve
to attempt the Deftruftion and Attainder of
the faid Earl, by an a6h of Parliament, to
be therefore purpofely made, to condemn
him upon Accumulative Treafon, none of
the pretended crimes being treaibn apart,
and lb could not be in the whole, if they
had been proved, as they were not ; and
alfo adjudged him guilty of Conftruftive
Treafon, (that is, of levying war againft
the King) though it was only the com-
manding an order of the council-board in
Ireland, to be executed by a Serjeant at
Arms and three or four foldiers, which was
the conftant practice of the deputies there
for a long time. To the which end, they
having firft prefented a bill for this intent
to the Houfe of Commons, and finding
there more oppofition than they expeded,
they caufed a multitude of tumultuous
perfons to come down to Weftminfter,
armed with fwords and ftaves, and to fill
both the Palace- Yards, and all the ap-
proaches to both Houfes of Parliament,
with fury and clamour, and to require
juftice, fpeedy juftice, againft the Earl of
Strafford ; and having by thofe and other
undue praftices obtained that bill to pafs
the Houfe of Comm.ons, they caufed the
names of thole refolute gentlemen, who ia
a cafe of innocent blood had freely dif-
charged their confciences, being fifty-nine,
to be pofted up in feveral places about the
cities of London and Weftminiter, and
ftiled them Straffbrdians, and enemies to
their country ; hoping thereby to deliver
them up to the fury of the people, whom
they had endeavoured to incenle aga;n(t
'them. And then procured the laid bill to
be fent up to the Houfe of Peers, where-it
having forae time reiled under great de-
liberation J

A COLLECTION op TRIALS.

liberation ; at laft, in a time when a great
part of the Peers were abfent by reafon of
the tumults, and many of thofe who were
prefent protefted againft it, the faid bill
paiTed the Houfe of Peers ; and at length
his Majefly, the late King Charles I. of
glorious memory, granted a commifTion for
giving his royal aflent tliereunto; which
neverthelefs was done by his faid Majefty
with exceeding great forrow then, and ever
remembred by him with unexprefi'ible grief
of heart ; and out of his Majefty's great
piety, he did publicly exprefs it, when his
own facred life was taken away, by the moft
deteftable traytors that ever were.

For all which caufes be it declared and
enafted by tiie King's moft Excellent Ma-
jefty, by and with the advice and confent
of the Lords Spiritual and Temporal, and
Commons in this prefent Parliament aftem-
bled. That the ac1: intitled, " An Aft for
the Attainder of Thomas Earl of Straftbrd
■of High Treafon," and all and every claufe
and article, and thing therein contained,
being obtained as aforefaid, is now hereby
repealed, revoked, and reverfed.

And to the end that right be done to the
memory of the deceafed Earl of Strafford
aforefaid, be it farther enafted, That all
records and proceedings of Parliament, re-
lating to the faid Attainder, be wholly can-
celled and taken off the file, or otherwife
obliterated ; to the intent the fame may not
be vifible in after-ages, or brought into
example, to the prejudice of any perfon
Avhatfoever.

Provided, That this ad fhall not extend
to the future queftioning of any perfon or
perfons, however concerned in this bu-
iinefs •, or who had any hand in the tumults,
or diforderly procuring the a£t aforefaid ;
any thing herein contained to the contrary
thereof notwithftanding.

A Copy of the Paper pofted up at the
Corner of the Wall of Sir William

Brunkard's Houfe, in the Old Palace-
Yard in Weftminfter, Monday, May 3,
1641.

The Names- of the Straffordians pofted.

A-

5-
6.

5-
6,

7-
8.

9-
20.

2T.

22.

23-

24.

25-

26.

27.
28.
29.

BO-
32-
32-
34-
35-
36.
37-
38.

39-
40.

Lord Digby

Lord Compton

Lord Buckhurft

Sir Robert Hatton

Sir Thomas Fanfhaw

Sir Edward Alford

Nicholas Slaning

Sir Thomas Danby

Sir George Wentworth

Sir Peter Wentworth

Sir Frederick Cornwallis

Sir William Carnaby

Sir Richard Winn

Sir Jarvis Clifton

Sir William Withrington

Sir William Pennyman

Sir Patrick Curwenc

Sir Richard Lee

Sir Henry Slingfby

Sir William Portman

Mr. Jarvis Hollis

Mr. Sydney Godolphin

Mr. Cooke

Mr. Coventry

Mr. Benjamin Wefton

Mr. William Wefton

Mr. Selden

Mr. Alford

Mr. Floyd

Mr. Herbert

Captain Digby

Serjeant Hyde

Mr. Taylor

Mr. Griffith

Mr. Scowen

Mr. Bridgeman

Mr. Fettiplafs

Dr. Turner

Captain Charles Price

Dr. Parry, Civilian

41. Mr.

COL]

41.

Mr.

Arundel

42.

Mr.

Newport

Mr.

Hoi borne

44.

Mr.

Noel

4-5.

Mr.

Kirton

46.

Mr.

PoUavd

47-

Mr.

Price

48.

Mr.

Travannion

LECTION

TRIALS,

49.

Mr. Jane.

Mr. Edgecombe.

5'-
52.

Mr. Chichcley.
Mr. Mallery.
Mr. Porter.

«;4.

Mr. White, Secret. E. D

55-

Mr. Warwick.

8£

The Trial of the Moft Reverend Father in God WILLL^M LAUD, Lord
Archbilhop of Canterbury, before a Remnant of the Houfe of Lords j which
began March 12, 1643.

THE Commons impeached his grace of
high-trealbn, and other high crimes
and mifdemeanors, at the bar of the houfe
of Lords, the 1 8th of December, 1640, de-
firin» he might be committed to iafe cufto-
dy ; whereupon he was delivered to the
Black-rod, till the Commons fhould pro-
ceed in their impeachment ; and on Friday
the 26th of February following, fourteen
general articles were feat up to the Lords
againft him.

1. TJie firft charged. That he had traite-
roufly endeavoured to fubvert the laws, and
introduce arbitrary government.

2. He had denied the authority of Par-
liaments, eflablitliing an abfolute power, not
only in the King, but in himfelf and other
bifhops, above and againft the law.

3. That by threats and promifes to the
judges, he had perverted the courfe of juf-
tice, and deprived the King's fubjedts of
their rigiits.

4. I'hat in his own courts he had fold
juftice, and taken bribes.

Vol. 1. No. 4. Y

5. That he had caufed divers canons to
be made, contrary to the King's preroga-
tive, and the laws ; eftablifhed an unlawtui
authority in himfelf, and fucceflbrs ; and
endeavoured to confirm his exorbitant pow-
er by a wicked oath.

6. That he had alTumed a papal and ty-
rannical power,

7. That he endeavoured to fubvert the
true religion, and introduce Popifh fuper-
ftition.

8. That he abufed the trufl his Majefty
repofed in him, procuring the nomination
of pcrfons to ecclefiaftical preferments,
which belonged tothers, and preferring per-
fons that were Popiflily affecfted.

9. That his own chaplains, to whom he
committed the licenfing of books, were Po-
piflily affecled, which had occafioned the
publifhing of divers fuperflitious books.

10. That he endeavoured the reconcil-
ing the churches of England and Rome,
and countenanced the eflablifhing a Popifli
hierarchy in the kingdom.

82 ' ACOLLECTI

1 1. That he had caufcd feveral orthodox
minirtt-rs to be filenced, and deprived, and
mjny loyal lubjccls to torfake the king-
dom.

1 J. That fic had abrogated the privileges
granted the French and Dutch churches in
this kingdom, endeavouring to caufediicord
between t'.e church ol- England and other
reformed churches.

ij. That iie had laboured to bring di-
vers Popilh innovations into the kingdom
of Scotland, in order to create a war be-
tween the kingdoms of England and Scot-
land, and advifed his Majefty to lubdue the
Scots, forcing the En^Iiih clergy to contri-
bute to that war : that he had co-niurcd the
pacification as dinionourabie. and lb incen-
fed his Majcdy, that lie entered into an of-
fenfive war with the Scots.

I ].. That, to prevent his being queflion-
ed for thefe traiterous proceedings, he en-
deavoured to fubvert the rights of Parlia-
ment, and to caiife divifions between his
Majelly and his people-, for which they im-
peached him of high-treafon.

Two or three days after the fending up
thefe articles, his Grace was committed to
the Tower, where he remained from the
29th of Februar/ 1640-1, to the 24th of
October 1643, when he received ten addi-
tional articles, together with an order from
tlrj Lords, to put in his anfwer in writing
before the 30th of the fame month.

1. The firft additional article charges,
that in the 3d and 4th year of the King, he
caufed the Parliament to be diflblved, and
afperfed the members, affirming they Were
faftious puritans, and commended the Pa-
pifts.

2. That for ten years pad he had endea-
voured to advance the power of the council-
table, the canons of the church, and the
King's prerogative above the laws.

3. That to advance the ecclefiaftical pow-
er, he had hindered the granting writs of
prohibition to the ecclefiallical courts.

ON OF TRIALS.

4. That a judgment being given agamfk
one Burley, a parfon, for non-refidcncy, he
had (layed execution by applying to the

judges, and faid, " He would never fuffer
a judgment to pais againft a clergyman, by
nihil dic't."

5. That he had caufcd Sir John Corbet,
a iurdce of peace, to be impriloned, for
canring the petition of right to be read at
the leffions of the peace ; and, during his
imprifonment, granted away part of the
glebe lands of Alderly, belonging to tlie
laid S'r John ; and prevented the execution
of a judgment, which Sir John had obtain-
ed, and procured him to be committed by
the council-tablr, till he fubmitttd to their
order.

6. That divers fums being given for pur-
chafing impropriations, he had caufed the
fame to be overthrown in the court of Ex-
chequer.

7. That he had harboured antl relieved'
Popifh priefts, v/ho had traduced the 39
articles.

8. That he had faid, A blow muft be
given to the church, before it could be
brought to conformity.

9. That in May 1640, he caufed the
convocation to be liekl, after the diflbluti-
on of the Parliament, where canons were
made, contrary to law and the privilege of
Parliament, and a dansieroivsand illegal oatli
formed, approving the doftrine and difci-
pline of the eftablilTied church, andpromif-
ing not to content to any alteration in the
government of the church by archbifhops,
bifliops, deans, archdeacons, &c. Which
oath he had taken himfelf, and caufed o-
ther minillers to take; and impriloned the
bifhop of Gloucefter, for refufing to fub-
fcribe the faid canons, and take the oath,
till he fubmitted.

10. That a refolution being taken at the
council-table for afilfting the King by ex-
traordinary means, if the Parliament fliould
prove peeviflTj the Archbifhop wickedly

adviled

A COLLECTION of TRIALS.

advifed his Majefty to diffolve the Parlia-
ment in 1640, and ic was thereupon diflbL
ved ; and foon after hi; told his Maj^lly,
" that he was now abfjlved from all rules
of government, and at liberty to ufe extra-
ordin.iry ways for a fupply."

Upon receipt of thefe articles, and the
aboVv-fiid order from the Lords, his Grace
petitioned he might be allowed fomethins;
out oi his eilate, which tliey had feized and
fequeftcred, to bvar the charges of his trial ;
that his pnp;;rs might be retl:ored him, that
he might be enabled to prepare for his de-
fence ; and that he might have counfel, a
foUicitor, and fome fcrvants to attend his
bufinels ; and upon a fecond petition, Mr.
Dell, his GtcXc's fecretary, was afTignvd him
for a tbilicitor ; Mr. Hearne, Mr. Chute,
Mr. Hales, and Mr. Gerard, were afiign'd
him for counfel ; but they would not allow
him a penny out of his eftate, Glynn telling
them he mii;ht proceed in forma pauperis :
However, they made him pay even fur tlic
copies of his own paper?.

His Grace petitioned the Lords, alfo,
that they Vv'ould diftinguitli the trealontrom
the n>irdemeanors in the articles ; for the
crimes were fo interwoven and connected in
the cdnclufion, that they might all refer to
treaion, and coniequently his counlclwould
not be permitted to give him any advice in
matters ot: fitt ; but nciiher the Lonis nor
Commons would make any diftinction, tho'
application was made to them refpedively :
However, the Lords were io gracious to
give him further time to put in his anlwer,
till the i^th of November, when his Grace
appeared at 'heir Lordihip's bar, and put in
his anlwer in writing to the lall article, vis.
" That he was not guikv in fuch manner
and form as the faid articles of iiiipeach-
ment charged "

But his Grace appearing at the Lord's
bar again, the itth of January 1643-4, it
was obferved there was no anfw^r put in to
the firll articles^ or any iflue joined ; and

thereupon his Grace was ordered to put in
his anfwer to the original articles the 2 2dot
January,

Then his Grace petition'd that his anf'Acr
to the laft articles might be taken off the
file, and that they would diftinguifli between
trcafon and mildemeanors, that he might
give a particular anfwer to both -, and that
they would give his counfel leave to fpeak
to the generality and uncertainty of the ar-
ticles which they declared no man living
could preparean anfwer to, as thecafeftood ;
but his Grace was not indulged in any of
thefe part'culary, and therefore found him-
feif under a neceflity of putting in the lame
general anfwer he had done before (viz )
" That he was not guilty :" Only as to the
I :jth original article, and the re!t of them
that related to Scotland, he pleaded the late
Att of indemnity.

His Grace, having received an order to
prepare for his trial the. 12th of March,
1643-4, was brought to the bar of the houfe
of Lords that day, where he found a com.-
mittee of the Commons, confuTiing of fer-
jeant Wilde. Mr. Browm,Mr. l\'laynard, Mr.
Nicholas, and Mr. Hill, appointed to ma-
nage the evidence againilhim ; and Prynne
afted as their fcllicitor, having; Grice and
Beck to aflift him. His Grace alfo obferves,
that Prynne, during the trial, kept an ot-
fice, where he inftrudted and tampered with
thewitnefies.

Mr. Serjeant Wilde opened the char?;e,
by a moft icandalous and virulent inveftive
againS; this great Prelate ; wherein he lays.
If the memory of nil the pernicious prac-
tices, v/hich had been from time to time at-
tempted againfc our religion and laws we e
loft, here they would find them revived :
That had the faults of this man b;en no o-
tiier than thole of rommon frailty and inadr
vertency, they would gladly have thrown
a veil over them -, bur, being v/iiful, de-
ftruccive, and compre.henfive of all evils,
the fm would lie on their own heads, if they

d;d

A C O L L E C T I

did not call for juftice. That here was
treaibn in the highcft pitch and altitude •,
even the betraying the whole realm, and
the fubverfion of tire very foundations.
That thefe crimes, of thenifelves fo heinous,
were aggravated by the quality of the of-
fender, who had been advanced to the moft
eminent ftations in church and ftate, and
was endowed with many great gifts of na-
ture : But all thefe advantages he had per-
verted to the deftruction of the public.

That churchmen in all ages, were tlie
archeft feedfmen of mifchief, and the prin-
cipal a£tors in all the great diftraftions that
had happened •, and as they meddled with
temporal things, heterogeneal to their cal-
ling, God was pleafed to fmite them with
biindnefj, and infatuate their councils, of
which this Prelate v.^as an initance ; wlio,
.employing his time in ftate affairs, became
" the author of all the illegal and tyrrani-
cal proceedings and innovations in religion
and government, and indeed, of all the
concuffions and deftradtions, that had hap-
pened in church and ftate."

And when by the magnanimity^ of former
princes, and the wifdom of their anceftors,
they had ftiaken otF the antichriftian yoke -,
and when they had feen luch bloody maf-
facres, plots, and profecutions at home and
abroad, in order to introduce it again ; that
this man ftiould go about to reduce them to
thofe rotten principles of error and darknefs
again, it could not be expefted but the peo-
ple fliould be ready to ftone him. He con-
cluded, That though Naaman was a great
man, yet he was a leper : And this man's
leprofy fo infefted all, that there remained
no cure, but the fword of juftice ; which
they doubted not but their Lordfhip's would
apply, that the commonwealth might live
again and llourifli.

His Grace having obtained leave to fpeak
in his defence, faid, — That it was a great
affliction to him to appear at this bar as a
criminal, though he fhould be acquitted •,

ON OF TRIALS.

but he was not very folicitous about his fen^
tence, for he thanked God he had fpent his
time fo, that he was neither alhanied to live,
nor afraid to die ; nor could the world be
more weary of him, than he was of it : But

if none of thefe things whereof thefe men
accufed him, merited death by law, though
he might not in this cafe appeal to Csfar,
yet he might, and. did, to their Lordfliip's
juftice •, not doubting but God would pro-
tefl his innocence.

The charge againft him, he obfcrved,
was divided into two principal heads, (viz. )
His endeavouring to fubvert tlie laws, and.
The religion by thofe laws cftabliflied.

As to the laws, he faid he had been a
ftricl obferver of them all his life •, and fince
he had any fliare in the adminiftration, no
man had been more guided by them than
himfelf, as the learned counfel prefent, who
had attended tlie council-table, could tefti-
fy ; nay, he had ever held, that human laws
bind the conl'cience ; and this doftrine he
conftantly preaciied. That he looked upon
an endeavour to fubvert the law a greater
crime than to break any particular law, and
this they might obferve was his judgment,
by the book he wrote againft Fiflier ; out
cf which he read a paflage to this purpoie:

" As to religion, he was born and bred
up in the church of England, and by the
bleffing of God, and the favour of his
prince, grown up to the years that were
then upon him, and to that place of prefer-
ment which he did yet bear ; and in this
church, by the grace of God he was refolved
to die : That he had ever continued fteady
to his profeftlon and principles, without any
regard to worldly views ; though if his con-
fcience would have given him leave to fliift
iiis tenets as time and occafion ferved, he
might have eafily flid through all the diffi-
cultiesof thisfortthathadpreifedhim : That
he had always endeavoured, that the pub-
lic worftiip of God, which was too much
(lighted, might be preferved, and that with

A COLLECTION of TRIALS.

as much decency and uniformity as might
be ; for he was ilill of opinion, that unity
could not long continue in the church, with-
out uniformity. He faw that the neglcifbof
public worfhip, and the places dedicated to
that fervice, had caft a damp upon the true
and inward worlhip of God ; which, while
we live in the body, needs external helps,
and all little enough to keep it in any vigour :
But, though he had endeavoured to redrefs
thino-s according to the law and canons, he
did not know he had ever done it, but witli
the confent of the people.

That he was innocent, as well in thought
as pradtice, of any defign to alter religion and
introduce Popery -, and, if nothing but
truth were fpoken, he challenged whatever
was between heaven and hell to fay their
word againft him, in point of religion, in
which lie ever hated diffimulation : and tho'
he might have procured his fafety by it, he
thought it no way became a Chriftian Bilhop
to halt with God.

Laftly, he faid, It was llrange if he de-
figned to introduce Popery, he Ihould have
laboured lb much to reduce thofe who were
going, or had gone over to it ; and inftan-
ced in two and tv/enty perfons,mofl: of them
men of condition, whom he had brought
over to, or confirmed in the ProteRant re-
ligion ; and challenged any clergyman to
give a better proof of his zeal to the efta-
blifhed churcli ; not cioubting,but he fuould
be able to anfwer, v/hatever fhould be more
particularly objedted againlt him."

The Archbiihop being brought to the
bar again on the 13th of March, the ma-
nagers proceeded to make good the firft and
fecond oriainal articles 1 and the fecond a-

ditional article relating to the fubverfion of

the laws,

queftioninc

introducing arbitrary power,

the authority of parliaments,

advancing the power of the council-table.

To prove this part of the charge, Mr.
Maynard read the following words out of
Vol. I. No, 4. Z

his Grace's Diary, (viz.) the 5th of Decem-
ber, 1639. " "^he King declared his refo-
lution for a Parliament, in cafe of the Scot-
tifn rebellion ; the firfl: movers of it were
m.y Lord deputy of Ireland, the Lord Mar-
quifs of Hamilton, raid myfelf -, and a re-
folution voted at the board, to afTift the
King in extraordinary ways, if the Parlia-
ment fliould prove peevi(h and refufe."
From whence it was urged, he had beftow-
ed the epithet of Pcevifh on the Parliament;
and that the vote to afiift the King by ex-
traordinary ways, proceeded from his ad-
vice. The evidence of Sir Henry Vane,,
the elder, alfo was infilled on •, who depo-
fed, that his Grace faid to the King, after
the rifing of the laft Parliament, " Now he
might ufe his power."

Alderman Atkins depofed, that when he
was brought before the council about fliip-
money, none was fo violent againft him as
his Grace.

It v/asobjedled to him, that he had affert-
ted the King's proclamations were of the
fame force as a ftatute -, and, fpcaking of
the King's power, he had faid, " Whofoe-
falls upon it fliall be broken ; but upon
whomfoever it tails, it fliall grind him to
powder."

And that, fpeaking of an a6l of Parlia-
ment, he faid, " That he fav/ nothing would
down with them but ads of Parliament :
No regard at all to the canons of the church;
and that he would refcind all acts that were
againft the canons ; and hoped flioitly, to
fee the canons and the King's prerogative
of equal force with an aft of Parliament,"'

He was alfo charged with giving the
King fubfidies in convocation, without
confent of Parliament -, and with Ibme o-
ther matters of lefs moment, to lupport the
three articles above-mentioned.

To this, his Grace anfwered. That he
believed the word peevifli.had been put in-
to his diary, fince it was taken from him ;
and if not, he tiiouglit it v.-as not impof-

fible, .

^6 A C O L L E C T I O

fible, that a Parliament fliould prove pce-
vifli.

That it was not faid in his diary, that the
vote " to allift the King by extraordinary
v/ays," v/as his advice, but that there was
fuch a general vote of the council ; and be-
fides, this appeared by the fiime diary, to
be for the Scotilh bufinefs, which was v/ith-
in the a6t of oblivion.

That he never faid, " The King might
life his power," or any other words to that
cffeft ; and if he had, they were not trea-
son -, and if they were, there was but one
witnefs of them, and the law required two
in treafcn : However this alio related to
Scotland, and was therefore within the aft
or oblivion.

That as to his p-efiing the payment of
fliip-money, this was after the judges had
given their opinions of thelegality of it ; and
befides, it was the aft of the vvhole council,
and could not be afcribed to him in parti-
cular ; and it was ftrange this fliould be
accounted high treafon in him, and not in
t' e reft. As to the words, " Whoever falls
on that ftone fnall be broken," 6cc. Two
of the witneffes were foap boilers and parties,
and were fcntenced by the ftar-chamber for
their contempt ■, that tlie words were faid
to be fpoken above twelve years fince, and
he believed none of the managers could
think him fo weak to have laid tliem :
However, they were not treafon, and he
was not anfwerable for every thing the ftar-
chamber had done. As to his faying,
" Nothing would down with them but afts
of Parliament," &:c. this was proved but
by a fingle witnefs, who was a party ; and
though a great regard ought to be had to
afts of Parliament, yet iome ought to be
paid to the canons. And as to the giving
the fubfidies in convocation, it was the aft
of that whole body ; and the grant was no
other, nor in other manner, than had been
granted to Queen Elizabeth ; and that the

NorTRIALS.

clergy ever had a power of granting fubfi'
dies.

This day's hearing being over, his Grace
was ordered to appear again on Saturday
the 1 6th of March, and a note given him by
the committee, that they intended to pro-
ceed next on part of the fccond additional
article, the third original article, and the
third and fifth additional articles, which
related to the advancing the power of the
council-table, the ecclefiafcical jurifdiftion,
&c. But the hearing was put off to Mon-
day the iSth of March, when his grace be-
ins brought to the bar of the houfe of Lords
again, he was charged with caufing feveral
houfcs about St. Paul's to be demolifaed ;
to prove which, his diary was produced ;
wherein he expreffes adefign of getting that
antient fabrick repaired •, then three orders
of council were produced, for compound-
ing with the tenants, and pulling down
their houfes if they refufed to compound.

It was further objefted, Th.at his hand
was to another order of council, for the
goldfmiths to provide themfclves with
houfes in Clieapfiue and Lombard Street :
And oneBartley, a ftationer, who had been
put out of his hcufe to make room for the
goldfmiths, was produced as an evidence
againft him.

I le v/as charged alfo with forcing people
to lend money for the repairing of St. Paul's,
and with the imprifonment of one Vaffal by
the council-board; who conceived his Grace
to be the author of it. The imprifonment
of Sir John Corbet by the council-board,
was alfo impnitcd to him. Plis projefting
to give the miniftcrs of London fome aftlf-
tance as to their tythes, was urged as ano-
ther offence, and his diary produced as an
evidence of it.

The imprifoning Burton, Prynne, and
Baftwick, alfo was laid to his charge; and
particularly the cenfuring Prynne for li-
belling : And laftly, he was charged with
being inftrumental in- removmg two brew-

houfes

A C O L L EC T I O

hoiifes, that were a nuifance to the palace
of St. James's.

To the third and fourth day's charge his
Grace anfwered, That when he came to
the Bifhoprick of London, he thought him-
fe!f obliged to endeavour the repair of St.
Paul's, which was then ready to fink into
its ruins, and cfpicially the body of it-,
which, by the local ftatutes, the Bifhop
was to repair while he enjoyed the lands
that belonged to the churcli ; and which
very well enabled hini to do fo, till Ibme
lacrilegious hands defpoiled that Bifhop-
rick of them : And as to the demolifliing
IJie houfes that were built upon the church-
yard, they flood fo near the church, that
the repairing of it was imprafticable, till
ihey were pulled down -, and therefore
eight or nine thoufand pounds had been
laifed to compound with the inhabitants,
for taking down thole houfes, though they
had no right to ftand there ; that he could
not be charged with mifapplying any of the
money that had been raifed for the repairs ;
and he had indeed contributed twelve hun-
dred pounds out of his own pocket towards
the work ; nor had he done any thing in
relation to thele repairs, without the ap-
probation and order of his Majefty, or the
l.,ords of the council ; and therefore this
ought not to be imputed to him in par-
ticular.

Astoobligingthegoldfmiths tokeeptheir
lliops in Lombard llreet and Cheapfide,
this alfo was done by order of council, and.
not to be afcribed to Iiini -, and was, how-
ever, very far from high-treafon : And for
his faying in this cafe. That the council-
board was not fo weak, but it might com-
mand fuch things, he does not remember
he faifi fo then ; but he thought the coun-
cil-table muft be very weak indeed, if it
could not command in things of decency.

His forcing people to lend money for the
repair of St. Paul's, he had no occafion to

N o? TRIALS. Sj.

fpeak to, bccaufe they did not attempt to
prove it.

As to the imprifonment of Mr. VafTal,
that v;as alfo an acfl of the Council-board j
and Vafial's laying. He conceived his
Grace to be the occafion of it, was no proof
of it.

The imprifonment of Sir John Corbet
alio was the a6l of the Council-board.

And as to his contriving fome fupport
for the London miniflers, he fhould have
been to blame if he had not, when he was
their Bifliop ; and their cafe was indeed
very hard, all their dues being fhrunk into
a poor Eafter book ; and all that he "had
done in this bufinefs, was, to lollicit the
citizens voluntarily to yield fome reafonable
addition, where right and neccfllty ap-
peared.

And as to the cenfure of Prynne, that
was the a6l of the court of Star-Chamber,
and he did not fo much as give his vote for
that cenfure.

The complaint of removing the brew-
houfes was very frivolous, confiiting of
fome little ftories, that fcarce deferved
mentiofiing in this profccution ; or elfe
they were of fome order of the Council-
board, tint could not- be charged on him
in particular; and if the whole had been
true, it was but treafon againfl a brew-
houfe. Laftly, his Grace defired their
Lordfliips to obferve, I'hat this day there
had been no lefs than thirteen witneffes ex-
amined againlf him in' their own caufcs ;
and although many things had been urged,
that concerned the Star-chamber and Coun-
cil-table, the aft for taking away the one,
and regulating tlie other, had no refpeft to
what was pafied ; and yet here things that
were pafied, and were the joint afts of the
council or Star-chamber, and not his, were
urged as treafonable ; whereas the pro-
vifion made by the late ftatute, againfl
thofe who fliould offend for the future,
only made fuch offences mifJemeanors.

His

is-

A COLLECTION of TRIALS.

His Grace being brought before the
Lords again on Friday the 2 2d of March,
ft was reprefented by the committee. That
Mr. Newcommen of Colchefter, refufed to
adminifter the facran-.ent any where but at
the rails ; that Burroughs, the wirnefs, in-
(]\3\ng him fi)r ir, his bill was thrown
Giir, and he was afterwards called before
the Hit:.h-commifiion Court for it, by a
v/arrant from his Grace ; that the Mayor
would not obey a habeas corpus, but faid
he would obey his Grace's warrant, before
the King's writ •, and that a letter was fent
to Judge Crawley, and lliewed to Judge
Hutcon.

One Afk depofed. That his Grace pro-
tefled fome players, that were found at a
tavern at an iinfeafonable time of night -,
that there was a plot to make the deponent
an inftrument, about receiving the facra-
nient at the rails ; that letters mifTive were
lent him by the High Commiihon, and
that applying to his Grace, he told the de-
ponent, if he was fo ftrifh againft church-
men, he muft exped to be dealt with as
ftridtly by the Fligh CommifTion ; and that
the deponent went to Holland, to avoid
the oath ex officio.

He was charged alfo with the cenfure of
the inhabitants of Beckington in Somerfet-
fhire, for refufing to place the communion-
table at the upper end of the church, north
and fouth, according to the Bifhop's order;
v/hich was faid to be an innovation.

Grafton, a Brownilt, alfo depofed, That
he was imprifoned twelve years ago, and
fined 50I. and believed he might have been
fet at liberty fooner, if it had not been for
the Archbiiliop.

The excommunication of one Adams
■was afcribed to his Grace ; who had written
over the place where the CommifTaries
court was kept in the church, " My houfe
fhall be called the houfe of prayer, but ye
have made it a den of thieves."

He was charged alfo with complaininor
to the King of Mr. Bag(havv, the Reader
of the Middle-Temple, and threatening to
profccute him in the High-Commiffion
Court, for aflerring, " That a Parliament
might be held without Bifhops ; and that
Bifliops might not meddle in civil affairs."

And the lall charge of this day was, that
he had caufed Chief Juftice Richardfon to
be checked, for putting down wakes, and
his orders to be reverfed.

To this part of the charge his Grace an-
fwered. That it was not proved Mr. New-
commen had any direcftions from him for
refufing the facrament, but at the rails ;
that Burroiig'is was taken up by a warrant
from the High Commiflion -, and that if
the Mayor had fpoken indifcreet words, he
was not anfwerable for them.

That his Grace knew nothing of any
players, as Mr. Afli depofed •, that the
letters miffive were the adl of the High
CommifTion, and could not be charged on
him ; that tlie oath ex off.cio was the legal
way of proceeding in that court; and he
could not help the tendering it to Afk, who
was a feparatift, and knowing himfelf
guilty, durft not appear.

As to placing the Communion-table of
Beckington, at the itpper end of the chan-
cel, north and fouth, this was no inno-
vation ; Queen Elizabeth having placed it
fo in her own chapel ; and that if the
Church-wardens were excommunicated for
their contempt, in not obeying their own
Bifhop, this was none of his aft.

That Grafton, the Browniff, was fined
and imprifoned by the High-Commif]lon
Court, and he was not then a Com-
mifTicner, nor was there any proof of his
being detained in priibn by his Grace's
means.

That the excommunication of Adams
was no aft of his ; but he thought he well
deferved to be excommunicated ; and he
acknowledged he did complain of Bagfhaw,

and

A COLLECTIO

and flioiild ha'/e been to blame it he had
not, as the coni.llcLition then was-, and if
he did tell him he fhoiild anfwer it in the
High-Commifiion Court, this was no
treafon.

And lallly, It was the Lord-Keeper Co-
ventry that commanded the Chief Juftice's
order about waives to be revolted, which
not being complied with, there was an
order of council for the Chief Juftice's re-
voking it ; but this could not affect the
Archbilhop, who was of opinion, how-
ever. That, though thefe wakes and feafts
of dedication were fometimcs abufed, this
was not a fufficicnt realbn for taking them
away.

Thus ended the fifth day's hearing, and
his Grace being brought to the bar again,
on Thurfday the 28th of March, was
charged with the cenfure, deprivation, and
impriionment of JV'Ir. Huntley, a clergy-
man, and telling his attorney he dcferved
to be laid by the heels.

That his Grace threatened and imprifon-
ed thofe who brought prohibitions •, and
when Prynne brought a prohibition, he
faid that he would lay him by the heels
that brought the next; that he wonde.ed
who durll grant prohibitions, the High
Commiflion Court being above all.

The next charge was that of bribery, and
his obliging Sir Edward Grefham to give
half the penalty of a bond of 2"Ool. which
the court afiigned him, to the repair of St.
Paul's. That the Chefter men being fined
loool. for feafting of Prynne, his Grace,
for a bribe of two hogflieads of lack, pro-
cured the fine to be leflened to 200I. And
his Secretary received 150I. to get his hand
to a peiion to the Lord Keeper.

That he made ufe of the name of St.
Paul's to procure himfelf money illegally
and that he had illegally applied the money
given to the repair of St. Paul's.

To this charge of the 6th day his Grace
anfwered. That what had been done againft

Vol. 1. No. 4.

N F T R I A L S. ?9

Huntley, was done by the High Commif-
fion, and that this profecution was in Arch-
bifhop Abbot's time : that his attorney de-
ftrved to be committed, for his contemptu-
ous behaviour, and was committed by the
Lords of the Council for it. And here his
Grace took leave to remind their Loidlhips
that there had been notliing tranfafted at
the Council-Table, the Star-Chamber, or
High Commiffion, but fuch caufes as had
been determined there in the reigns of
Qiieen Elizabeth and King James ; and
that no man had been fo much as accufcd
of a mifdemeanor for what had been done
there hitherto, much lefs of high treafon.

He faid, he thought it no offence to com-
plain to the King, who was the fountain of
juftice in both courts, when prohibitions
were unjulUy granted : and if he threatened
to lay him by the heels that brought the next,
it was but a hally expr.fiion, and not done;
nor had any pcrfons been committed for
bringing prohibitions, though they might
fomctimcs for their contemptuous beha-
viour : there had been as many prohibitions
allowed in his feven years, as in any icven-
years of his predecellbrs : that there was
a great difference between prohibitions now,
and in the Times befo're the Reformation ;
ior then they were granted to reftrain a fo-
reign jurifdiclion, but now they were both-
the King's courts, and there could not be
that reafon for them as formerly : how-
ever, all that he had done was to endea-
vour that fome bounds might be fet to each-
court, that the fubjecTt might not, to his
great trouble and expence, be hurried from
one court to another ; and took notice, that
Archbiff.op Parker, in the beginning of
the Reformation, had (hewn that great'
wrong was done to the ecclefiaftical jurif-
didion by prohibitions.

As to the corruption he was charged'
with, in the cafe of Sir Edward Grefham's
Ion, who married againft his confent : that
he had voted for greater damages to Sir'
1 A a Edward

A C O L L E C T I

Edward, but it was given againft him : that
the bond mentioned was entirely in his
Grace's power, and he might have applied
the whole to charitable ufes, and therefore
there was no colour to charge him with
corruption in that matter: that indeed he
did get tlie Cheller men's tine abated from
locol. to 200I. and that afterwards Mr.
Stone did fend him two hoglheads of fack,
which he was very unwillingly prevailed on
by Mr, Wheat, Mr. Stone's Ibn-in-law, to
receive as a ttftimony of their gratitude,
and this Mr. Wheat attefted in court.

. As to his fecretary's receiving 150!. he
faid, he mull: anfwer for ir, who thereupon
called a witnefs, and very handfomely cleared
himfclf of the afperfion.

He denied his raifing money illegally for
St. Paul's-, but faid his Majefty had given
him the fines of the High Commifiion to-
wards thofe repairs •, and that it was as law-
ful to commute in that court as another ;
and it had been the pradice to commute,
where the offenders were men of quality.

Laftly, as to his having illegally applied
the money given for the repair oi St. Paul's;
this he fiiewed to be entirely a millake :
af^er which his Grace was ordered to appear
again, the 4th of April, and received a
note from the committee, that they intend-
ed to proceed on the 5th and 6th oiiginal
articles, and on the cfth additional articlef,
which charge his making canons contrary
to the King's perogative and the laws, and
eltablifhing in himlelf and his fucceffors an
unlav;ful authority : with his afluming a
papal and tyrannical power, in matters
ecclefiaftical and temporal, denying his
ecclefiaftical power to be derived from the
crown, and framing an unlawful oath.

His grace being brought to the bar again
the i6[h of April, was charged with the
making Canons in Convocation, after the
Parliament was dilTolved, &c. and to prove
he had afTumed papal power, fome letters
from the Univerfity of Oxford were pro-

ON OF TRIALS.

duced, wherein his Grace is filled, San^i-
tns tua, and Spiritu fanElo effujijfnne plenus,
Summis Pontifex, &c. that he had" faid,
" The clergy were now debafed ; that here-
tofore it was otherwife, and he hoped to fee
it fo again." And laftly, that he brought
Sir Richard Samuel into the High Com-
mifiion, for doing his office of Julfice of
the Peace upon feme clergymen •, and that
one of the articles againlt him, was His
being an enemy to the clergy.

To this his Grace anfwered. That the
Convocation might legally fit after the dif-
folution of the Parliament, being called by
a different writ from that which called the
Biihops to Parliament ; nor could they rife
till his Majefty fent another writ to dilcharge
them : that it was not at the defire of his
Grace they continued fitting; however, the
Judges had given their opinions they might
legally fit: that as to the Bifhop of Glou-
ceiter's being committed for refufing the
oath, it was done by an order cf Council ;
and the principal obllacle to his fubfcrlbing
was the canon made aeainft the prowth of
Popery : and as to the oath the canons in
King James's Time had enjoined feveral
oaths to be taken by church-wardens, and
others, and yet neither thofe canons, or
oaths, had ever been declared illegal by any
enfuing Parliament, or the makers of them
accufeJ of any crime, much lefs treafon-, and
his Grace was about to fhew that there was
nothing in thefe lafl canons contrary to law.
But their Lordfhips would not luffer him to
contradict what both Houfes had voted ;
to which his Grace replied, Th.at he con-
ceived the Lords were as much concerned
in honour, as he was in point of fafety,
that no charge fliould be brought againft
him which he' (hould not be at liberty to
anfwer-, and infilled, that thefe canons being
made in full Convocation, could not be
afcribed to him in particular, whatever con-
ftru6ti'jn was put upon them.

A COLLECTION of TRIALS.

As to his affliming papal power, and the
proof -that was brought of it, the Univer-
fity of Oxford's giving him the papal titles,
he iaiJ, the title Santlilcs tua was not ap-
propriated to the Pope, but frequently
given to other Bifliops, both Greek and La-
tin -, and as to the llileof Summits Pontifcx,
this was no uniifual ftile of the chief Pre-
late of any nation ; and that thcfi titles
were "iven him bv others, who mufl: be
anfwerable for them ; they were never al-
fumed by him : befides, he thought it one
thing to afTnme a papal title, and another
to affiime papal power.

He did not remember he had ever faid,
he hoped to fee the clergy exempted from
the civil magiftrate •, but if he had, he
could only mean it of an exemption from
oppreffion : he might fay indeed, " That
the clergy were now debafed ; that hereto-
fore it was othervvife, and he hoped to fee it
fo again; and he thought there was no great
hurt in that." He was alio charged, he
obferved, with procuring fome clergymen
to be made Juftices of the Peace, and with
recommending Bifhop Juxon to be Lord
Treafurer -, but he did not apprehend there
was any crime in this, much lefs high trea-
fon, as he aimed at the fervice of the King
and the good of the church in it.

As to his profecuting Sir Richard Samuel,
for doing his office of Juflice of the Peace
on fome clergymen, he obferved this was
proved only by Sir Richard, who was a wit-
ne(s in his owncaufe-, and befides, the pro-
fecution was by the HighCommifllon, orthe
Council-Table, and fo rot chargeable on
his Grace ; and it did appear he opprelfed
the poor clergymen, his neighbours, which
was not a genteel part of a man in power.

This day's hearing being over, the Arch-
bifhop was ordered to attend again, the
2 2d of April, which he did, but was fent
back, and nothing done any more than on
the 25th and 30th of April, when he at-

tended likewife, at theexpence of feven or
eight pounds a day.

On Saturday, May the 4th, his Grace
was brought to the bar again, when Mr.
Nicholas, the manager, again reproached
him \m\\ the high titles he had fuffered the
Univerfity of Oxford, and others, to con-
fer upon him, and then proceeded to
enforce that part of the charge, in relation
to his endeavouring to exempt the clergy
from the civil power ; for proof whereof
they cited part of a fpeech of his Grace's in
theStar-Chamber, wherein he advifes them
to take care not to caufe the laws of the
church, and the kingdom to clafli ; ano-
ther proof was a fuggeftion that he caufed
fome Jufticesof the Peace to be fummoned
before the High-Comm:ffion, for keeping
their feffions at Tewkfbury in a part of the
church ; and as a further evidence of this
charge, they faid. When the Mayor of
Oxford had fet the watch, they were
difturbed by the Prodors, and a Conftable
imprifoned, and that his Grace refufed to
refer the matter ; that he had alfo formed
a proje6l toabolifh all impropriations-, that
he had introduced feveral new and exor-
bitant claufes into the High Commiffion :
And laftly, That he had illegally extorted
a patent from the King, for the fines in the
High CommiiTion, towards repairing St.
Paul's.

To this his Grace anfwered. That he did
not think it amifs to advife that the laws of
the church, and the ftate, fliould not clafh ;
which might well ftand together, if fume
did not fet them at' odds ; and as for the
Juftices of Peace being called before the
Pligh CommiHon, for keeping their fef-
fions in a church, he thought it a great
profanation ; though men in this age vvere
grown fo bold with churches, as if the pro-
fanation of them was no fault at all ;' hov/-
ever, the,*-e was no proof of his caufing this
profecution.

That

92 ACOLLECTI

That as to the Oxford watch, it was an
anlient privilege of that Univerfity; but
being lately difputed by the townfmen,
they applied to his Grace, as their Chan-
cellor, and he did agree to refer it to the
Judge of the circuit ; but his troubles
coming on, they refufed to ftand to the
award, and would have had another refer-
ence : As to his projefb of buying in impro-
pri:itions, or prevailing with his Majefty
to give luch as were in his power, to the
fupport of t!ie Church of Ireland, and
which were daily begged by private per-
fons ; this he did not think needed a de-
fence, any more than his propofing to
i'ettle fome fixed commeHdavis on the fmaller
Bifhopricks, which was made another ar-
ticle againft him.

As to the claufes that were faid to be
added in the High Commillion, his Grace
fhewed, that they were in the former corn-
million ; and whatever power that court
exercifed, ir was not affumed, but granted
by his Majefly ; and though the manager
had compared his Grace to Pope Boniface
VIII. as if he took on him the power of
both fwords, the cafe was widely different-,
for that the Pope claimed them as origi-
nally due to him, and thefe commifTioners
under the Prince, and by his authority.

And lafliy, as to his having illegally ex-
torted a patent from the King, for the fines
in the High CommilFion, his Majefty's
pieiy was fo forward in that matter, that
nothing need be extorted from him : And
his Grace ihould always look upon his en-
deavours to have St. Paul's repaired, as
honeft and honourable -, neither could any
man, after the flridlell: fcarch, charge him
with milapplying a penny of the money.

This hearing being ended, he was or-
dered to appear again the 9th, and then the
15th of May, both which days he attended,
and flood expofed to the fcorn and laughter
of the mob, and was at length difmiflcd

ON OF TRIALS.

unheard, though not without a confidera-
ble expence.

His Grace beirig brought to the bar
again, the i6th of May, was charged with
prefenting a blind man to a living of Sir
Arthur Hafierigs, which was an impro-
priation, and a lay-fee, and with faying.
If he lived, no man fhould ftand upon his
lay fee; that he had illegally deprived one
Fautrye for fimony, the High CommilTioii
having no power over freeholds ; that he
had altered the ftatutes of the Univerfity of
Oxford, taking upon himfelf to be an
univerfal law-giver ; that he had illegally
made new ftatutes for cathedral churches j
and ordered that noth.ing fliould be done on
thole ftatutes, without advifing with him.
His injunctions for the vifitation of Wintora
alfo were complained of, requiring the pul-
ling down feveral hcufes that were upon
confecrated ground ; and his intention of
vifitingthe two Univerfities : Then he was
charged with the cenfure of Baftwick, for
a book he wrote againft Bifhops -, and with
faying, " That Chriftian Bifhops were
before Chriftian Kings."

His Grace anfwered, That the living he
prefented to, (faid to be Sir Arthur Hafel-
rig's) was not a lay fee •, and his words were,
" That no man ihould make aprefentative
benefice a lay fee :" That Fautrye was le-
gally cenfured and deprived by the high-
commiftion, which had a power of depriva-
tion, by the exprefs words of the i Eliz..
cap. I. That as the ftatute of the univer-
fity of Oxford, they lay in amiferable con-
fulion ; and it was the great necefiity of it
that put him upon that work ; neither had
he done any thing in it, but by the confent
of the univerfity ; and thought, he delerved
rather the thanks of the publick, than to be
profecuted for it : That there were no ille-
gal innovations introduced, as had been
fuggefted, nothing but what had been put
in praftice, and approved before his time ;
that thefe ftatutes were confirmed by the

broad

A COLLECTION of TRIALS.

broad feal, made by the King's power, and -
not by any papal power he had afllimed, as
was urged arainft him. That the ftatutes
of fome Cathedral churches alfo required
great alteration ; and there was reafon he
ihould be conl'ulted about them, as his Ma-
jefty had entrufted his Grace chiefly with
that matter, and expefted an account from
him. That the houfes ordered to be demo-
liflied at Winton, were new ereftions up-
on confecrated ground, and were not to be
taken down, till the leafes were expired ; and'
this was to be done according to the ftatutes
of the kingdom, and not otherwife.

As to his intention of vifiting the uni-
verfities, it would not have been unlawful,
as he had the king's warrant for it ; and it
appeared that three of his predeceflbrs did
acUiaily vifit the univerfities.

That Mr Baftv«ick was cenfured by the
high commiirion, which could not affedl:
hini in particular ; and that no body doubt-
tjd but that Chriftian Bifhops were before
CJirilUan Kings : And whereas he was
charged with faying, " No Bifhop, no
King?" that was an exprefiion of King
James's : and tho' he had affirmed, the or-
der and calling of a bifhop, to be from God
and Chrift, and by apoftolical right ; yet
he held this jurildidtion might not be exer-
cifed, but by the leave and power of the
King, within whofe dominions they were.

His Grace attending .igain the 20th of
May, the committee proceeded on the 6th
and ~th original articles ; which charge,
that his Gr.ice " had traiteroufly endea-
voured to alter, and fubvert God's true re-
ligion ;" which they endeavoured to prove
by ibme alterations he had made in his cha-
pel at Lambeth ; as his turning the table
north and lou:h, repairing the windows
with coloured glafs, and imitating the pic-
tures in the mafs boOk ; that he ufed bow-
ings at his coming into the chapel, and go-
ing up to the altar ■, and the organs, candle
fticks, the Kiftory piece- at the back of tlwr

Vol. 1. No. 5. B b

altar, and the wearing copes at communions
and confecrations, were brought in, to fup-
port the charge. Another inftance produc-
ed, to fhew his intentions of altering reli-
gion, was, his confecrating the communion
plate. A bible that was found in his ftudy,
with the five wounds of our Saviour wrought
on the cover; a miflal,^ and other books
relating to the Popifli liturgy, and his own
prayer-book, where the times of prayer
were appointed at canonical hours, were
held to be fufficient evidence of his dtfion-
to introduce Popery. The pidures of the
fathers in the gallery, and a dove over one
of them, (which they faid ftood for the Ho-
ly Gholl) and an ecce homo, or Pilate bring-
ing forth Chrift, were all looked upon as
proofs of his Popery.

His Grace anfwered, as to the alterations
in his chapel, that it lay before in a very
indecent manner ; that he had fet the table
north and fouth, according to Queen Eli-
zabeth's injuni5tions,and they were guilty of
innovations who fet it otherwife ; that the
windows were miferably patthcd ; and he
did, by the afllftance of his fccretary, dif-
cover the ftory by what remained, and got
them repaired, but not by the miflal, as was
fuggefted ; they contained the whole (lory
from the creation, to the day of judgment ;
and he did not believe this was in the miflal ;
.'\nd even Calvin was of the opinion, that
piftures and images might be of ufe to in-
ftru(5t the people ■, and that both in King
Edward's and Q^ieen Elizabeth's reign, fuch
pidures were allowed -, that bowings alfo
were ufual in C.Kieen Elizabeth's time, and
if hemuft bow to men, ineitherhoufe of Par-
liament, muft he not bow and worfliip God
in his own houfe, though there were neither'
• altar nor communion table in it .'' Th.ic or-
gans, &c. were in the royal chapels in the
laft reigns ; and that in all ages of the
church, the confecrating the facrcd vellels,.
as well as churches, had been ufed. And
if t-here-caa be nod«dicat:on of chcfc things

^4 ACOLLECTI

to Gods, no reparation of them from com-
mon ufi-'S, then neither the tilings or place
were holy •, and there v.-ould be no fuch
thing as facrilcgc, no difii*rence between a
church and a common houfe, between holy
tables and ordinary tables ; that St. Paul's
queft'ion puts the matter home, if they v.-ould
confider it, " Thou which ablioreft idols,
dolt thou commit lacriledge ?" Thou who
abhorrcft idols to the very defacing of church
windows, dotl thou of all others commit
ficrkge, wlilch the very worfliippers of
idols punidi ? As to' his prayer of dedicati-
on, this was not taken from the miflal, but
from one ufed by Bifliop Andrews. The
bble mentioned, was a prefent fjom a Pro-
teftant lady, and never feen out of his (lu-
dy, by any who might be offended at it :
That he had alfo a miflTal and other Popifh
books, but more of the Greek liturgies than
the Roman -, and he did not know how he
(hould anfwer their errors, if he might not
have tliem. That he had alfo the alcoran
in divers copies, and they might by the fame
rule, conclude him a Mahometan. And as
to their expofing his private prayers, he
thought this was not to be paralleled in any
heaciien nation. If he had enjoined himfelf,
his prayers, at canonical hours, he hoped
there was no fin in it; and if his prayer at
the confccration of Ilammerfmith chapel
might he read, no offence could be taken
at it If he had been lb addiifted to Po-
pery as they fuggefted, it was a wonder the
diligent Mr Prynne had found no prayers
to the blelR-d Virgin, and the faints, among
his papers.

That as to the dove, reprefenting the
Holy Ghoft, this was more than the witnefs
could depofc ; and as to that and the ecce
homo he anfwered out of Calvin, That it
was lawful to make a pi(5ture of any thing
that might be feen. And laftly, thefe pic-
tures had remained in the gallery, ever fince
the reign of Qijeen Mary ; nor had any of
his predeccflTors, during the time of Qiieen

ON OF T Pv I A L

Elizabeth, or King James, thouglx- fit to
remove them. And as to the bowings he
was reproached with, lie was forry any re-
verence in God's houie could be thought
too much ; but it was the devil's cunning,
when he faw iuperflrition thrown out of th?
church, to bring in irreverence and profanc-
nefs. As to the crucifix in the altar-piece,
there had been one in the old hangings for
thirty years before, which had never given
offence.

After this hearing was ended, his Grace
was ordered to attend another day, wheo
nothing was done -, but he was fo fortunate,
at laft, to get an order to the committee of
fequertrations, to receive 200I. out of liis
own eflate ; which was all they fuffered him
to take out of the profits, in the two years
it was under fequeftration.

At another hearing on May the zjrh, they
renewed their charge againlt the windows in
Lambeth chapel ; particularly they obferv-
ed, that there was a pifture of God the Fa-
ther in them; and Prynne depofed, that his
Grace had a book of pidures, containing
the hiftory of our Saviour. They alfo ur-
2ed, that tlie ceremonies ufed at the coro-
nation were fupcrilitious ; and that lie had
taken upon him to alter the coronation
oath. 'Fhat his Grace fuffered the piifture
of thebleffed Virgin, to be painted on the
church door of St. Mary's in Oxford ; and
that copes, bowings, piiftures, and candle-
fticks, were ufed at Oxford, and in feveral
parifli churches, and the communion-table
placed altar-wife; which they held to be
fufiicient evidence of his introducing Po-
pery.

To this his Grace anfwered, That the
pifture of God the Father, faid to be in
Lambeth windows, appearrd to be a mif-
take from their own witneffes : And for the
pidlures in his book, it was neceffary he
ihould have them, there being lome things
to be difcovered from the pi^ures the Pa-
pifts allowed their people, which their writ-
ings

A COLLECTIO

.tings <i'-d not, or peihaps durft not avow,
/.nd a<i to the ceremonies ufcd at the coro-
Tiaticn, and the coronation oath, he fliewcd
they Were the fame as in the preceding
rcigTi v .ndding, that his predecefTor was
tHen Afchbifhop, and perform.ed tiic fo-
lemiiity.

As to tlie Virgin Mary's pidurc at Ox-
ford, he neither ordered it, or knew of it
till it was done ; nor had he heard of any
abufe or diQike of it fince ; and as to the
bufiricfs of the communion table, copes,
bowings, candlefticks, Szc. he had already
anfwercd that part of the charge.

His Grace being brought to the bar
again the 6th of June, great part of the
charge of the day before was repeated, and
they accufed him of promoting feveral
fevere fcnttnces in the High Commiffion -,
and particularly oneagainlt Mr. Workman,
for preacliing againfl: images ; and another
againft Mr. Shcrfield, for defacing a church
window at Salifbury ; wherein was tlie
pifture of God the Father ; and that his
chaplain, Dr. Bragge, rcfufed to liccnfe
Dr. Featly's fermons, till a pafTagc againft
images was ftruck out.

To this his Grace anfwercd, That Mr.
Workman was not cenfured for preaching
againft images, but for affirming, That
the eleftion of minifters was in tiie people ;
for preaching conftantly againft the govern-
ment of the church -, praying for the States
of Holland, and the King of Sweden,
before his Majefty -, and rafing fuch a
faction in Gloucefter, that the HighCom-
minion did not think it proper he fhould
remain anv longer there.

As to M r. Sherfield's defacing the church
windov/, it did not appear there was any
pifture of God the Father in it ; and if
there had, it was not for private men to
<iemolifh churches or church windows-,
but if there was any fuperftitious pidures
in them, they ought to complain to au-«
thority : And befides, thefe cenfures were

N o F T R I A L S. 95

the afts of the High Comniifilon, and
could not be charged upon his Grace.

And as to the refufing to licenfe Dr.
Featley's fermons, till a paiTage againft^
images was ftruck out^ he l;ft the care of
the prefs to his chaplains, as his prc-
dcccflbrs had done: Whether fuch a paf-
fage was expunged, he knew not; >b4;t
Ihere were paffages as full againft images
and popery, left in Dr. T'eatley's fermons,
as any that could be ftruck out; where he
ftilcs the Papifts idolaters, as grofs as the
Baalifts ; and calls the Pope Antichrift,
and the whore of Babylon.

At the conclufion of this hearing, his
Grace complained of a paper called, " The
Diurnal," wherein he was fcandaloufly
abufed ; and obferved, that it had. bcija
affirmed in this, and other papers, that the
whole charge had been proved againft
him, which their Lordfliips knew to be
falfe ; but his complaints were very little
regarded.

His Grace being brought to the bar
again, the iith of June, the managers
proceeded to give evidence of his attempts
to fubvert theeftabliftied religion, of which
his confecration of two churches, viz.
St. Katherine's Cree church, and St.
Giles's in the Fields, were faid to be in-
ftances. The witneflcs depofed, that he
came in a pompous manner to perform the
ceremony, and at his approach to the
church door, caufed the following paffage
out of the Pfalms to be read, viz. " Lift
up your heads O ye gates, and be ye life
ye everlafting doors, and the King of Glory
fhall come in." That he kneeled down at
his coming in, and ufed many bowings alid
cringes, threw duft into the air, and ufcd
feveral curfes in imitation of the pontifical,
taking alfo one of his prayers from thence ;
and at laft pronounced the place holy. He
was charged alfo with the confecration of
chapels, and giving the name of St, John
to his own chapel j. and a paper was read,

■ faid

A COLLECTION of TRIALS.

{"aid to be a 11(1; of his chapel furniture,
wherein wafers were mentioned inftead of
con fee rated bread.

The publifliing the Book of Sports was
'alio urged as a piece of Popery, and liis
punifhing feveral of his clergy for not
reading it, as another offence. Sir Henry

it was overthrown by the confecration of
churches -, that there was the fame reafon
for the confecration of chapels as churches;
and tiiefe were things ufed long before the
times of popery : Nor did he apprehend
thei'e WHS any crime in giving a chapel the
name of fome faint or angel, for diftinction
Mildmay, and Anthony Mildmaydepofed, I lake, and in honour to their memories;
that his Grace was hated by one fadlion at this was a very antient cuftom, as appeared
Rome, and loved by another ; and, though from St. Auftin, and other fathers : And

he was but an obfcure man, they obferved,
within thefe fifteen years, there was a ftrong
opinion of a reconciliation between the
churches of Rome and England fince his
advancement.

To the charge of this day his Grace
anfwered. That, as to the pomp of the
confecrations mentioned, he was only at-
tended by fome few officers of the arches,
who ufually attend therr diocefan ; and
though the managers frequently repeated
thofe words, " Lift up your heads, &c.
that the King of Giory may come in," as
if be had applied them to his own perfon :
It was a pafTage antiently ufed at confe-
crations, and related to God Almighty, the
true King of Glory ; who, an the dedi-
cation, took poJTeffion of the place, by his
fervant the Bifliop : And as to his bowing
:'and kneeling, he looked upon this as his
duty, let them call it what they would -,
that there was no throwing duft in the air,
■ or curfes ufed ; and he obferved, that one
'of the witneffes depofed, that this ceremony
' Tfvas performed at the beginning, and tlie
'Other at the end of the fervice, and there-
" fore their evidence was inconfiftent. That
he did not follow the Pontifical, but a
copy left by Bifhop Andrews, which he
had ready to produce ; that there were

• feveral prayers in the Miffal, the fame with

• our CoUefts ; which were, notwithftand-
ing, confirmed by our laws ; for though
we had feparated the chaff, we ought not

'to throw away the good grain ; and wifhed
''only, that true religion might remain, till

as to the paper that had been read, as a Lit
of his chapel furniture, this was the model
ot Bifliop Andrews's chapel, and nothing
of it his Grace's own Iiand, but the in-
dorfement ; though Prynne had fvvorn it to
be a particular of the furniture of the
Archbifhop's chapel in his own hand :
And indeed, he never gave, or received
the Communion in any thing but commurt
bread.

As to publifhing the Book of Sports and
Recreations &n Sundays, this was done by
the King's auihority ; that he was always
for keeping the day holy, but free from a
fuperftitious iiolmfls ; that recre:uions were
not allowed, till after Evening fcivice;
and then, only to thofe who had been at

fer

vme lervice,

morning and

evenmg :

and

if recreations were not lawful after Divine
fervire, why were they allowed and en-
couraged at Geneva, where the elder men
went to bowls, and the younger to the ex-
ercife of their arms : And Ci^^lvin gave it
as one reafon of inftituting the Sabbath,
" That fervants might have a day of rtft
and rcmiffion from their labour; And what
manner of reft was that, where able young
men might ufe no recreations ? That fome
had indeed been fufpendeti eib officio, for
not reading the book, wiien hn> Majtfly
required it ; but none had their livings )e-
queftercd on that account, Wilfin, one
of the witneffes, was fequcftered for dela-
pidations, and not on account of his re-
fufing to read the book ; and Culmer, the
other witnefs^ for piffing in the body of

ilie.

A COLLECTION of

and faints,

the cathedral at Canterbury. Befides, thefe
men were fequeftered by the High Com-
niffion, and not by himfelf. And laftly,
it was an obfervation of Calvin's, " That
thofe men, who ftood fo ftridly for the
morality of the Sabbath, did by grofs and
carnal fabbatization, thrice out-go the fu-
perftition of the Jews."

As to Sir Henry Mildmay's depofition,
he obferved, that he had formerly declared,
that his Grace was the moft hated at Rome,,
of any one that had fat in the fee of Can-
terbury, fince the reformation ; and as for
his being an obfcure perfon till within thefe
fifteen years, he had been a Bifhop twenty-
three years, and it was eighteen fince he
was made Dean of his Maiefty's chapel ;
and, if a cliarafter given him by his ene-
mies, eitlier malicioufly or ignorantly, was
fufficient to ground a charge of this nature
upon, it might lie in the power of two or
thnr Jefuits, to deftroy any Bifhop in
I'ngland : And, after all, he much quef-
lioncd, wliethcr Sir Henry Mildmay had
ever been ;it Rome.

' At another iiearing the 17th of June, he
was accufed as being tlie occafion of Dam-
port's leaving his benefice, and retiring to
Holland; and with faying, (when he heard
He was in New-England) "That his arm
fhould reach him there."

Tiiat one Nathaniel Wickens had been
fmprifoned nine weeks, only for being a
fcrvant to Mr. Prynne; that upon- his re-
tufuig the oath ex officio^ his Grace, faid,
the charge fhould be taken pro ccnfeffo ;
and that hi^ friends were refilled a fight of
the articles as;ainft him.

T R r A L 3. 97

and inferted the martyrs of
Queen Mary's reign in their Head.

His Grace anfwered, as to Damport the
clergyman's leaving his benefice and flying
to Holland, it appeared by the evidence,
that he went away upon a fiimmons from
the High CommifTion -, that his Grace hadr
prevented a profecution againft him once,
but he was not obliged to doit always-,,
and that he was a dangerous and faftious
man, nor was ii fit the plantations fhould '
proteft fuch.

That as to Prynne's man, he was im-
prifoned for refufing the oath ex officio -,
and it was the conftant pradice of the
High Commiffion, the Star-Chamber, and ■
the Chancery, to take the charge pro con-
ffffo, where the party refufed to anfwer
upon oath ; nor did the High Commiffion-
ever grant a copy of the articles,, till the
party took the oath ex officio.

That as to his flopping the Bibles with-
Geneva notes, thofe notes were very partial,
feditious, and dangerous-, and of late uled-
to very, ill purpofes ; for which rcafon the
High Commiffion had been more fevere
againft- them than formerly ;. that they had-
alfo reftrained the importing Bibles from^
Holland, becaufe it was a great difcou^
ragement to the Erglifh printers; and that
the ftates v.'ere prevailed on to fupprefs
fome feditious libels againft the ftare and
church of England, that had been printed
in. Holland.

His Grace being brought from the
Tower to Weftminlter every day to his

trial, relates, that
generally faluted

P'»g

at his land in cr. he was.
with reproachful' lan-
His Grace was alfo charged with ftop- I guage, and particularly by one Quarter-
man, who this day cried out, ""Whtr do-

tlie Lords mean to be troubled ib
with this bafe fellow ? They would

often-

books at the prefs, and expungmg
pafiages out of them-, and particularly the
Knglilli Bible with Geneva notes : And

that he had ufcd his power, to lupprefi | to hang him out of the way." Nor was-
fome books in Holland ; that he fupprtfTed \ Nicholas the manager Icfs fcurrilous, whea
an Almanack, that left out the apoftlcs ' his Grace appeased at the bar, giving him

j C c v.'.oiie^

Vol. I. No. ^- \\

v"^

A COLLECTION of TRIALS.

•worlt; L'.nguacre, than a man of any edu-
.cation wciuid h&vK given to his flave.

To prove the charge of popery againn:
liim this day, ithey produced a letter,
found in his Grace's ftiidy, that had been
^v;■itcen from a Jefuit to his fiiperior ;
wherein the Jefuit faid, That Anninianifm
was their drug, and their plot againft the
]'.rotellants ; and urged, that his Grace
"vvas the great fupporter of the Armiiiiians ;
that he difcouraged leftures who preached
againft it ; and that he had taken upon
him CO alter the prayers for the 5th of No-
A'ember : And lallly. That his Grace had
refufed to licence a book of Sir Anthony
Hungerford's, and referred iiim to one of
his chaplains.

The Archbifhop anfwered, If dt was a
•crime for a minifter of flate, to feize tlie
Jefuits letters, how ftiould they deteft their
plots againft religion ; that the letter was
inot direfted xo him, and he did not fee
how he could be charged with any thing
the Jefuits laid in their letters ; that it
could never be for the peace of the church,
to allow faftious and humourfome ledtures;
and if he had altered the prayers for the
5th of November in fome little matters.
Ins accufers ought to remember, they had
Jiotonly altered, but had taken away, this
and the whole Liturgy of the church of
Kngland, which had been fo long efta-
bliflied by aft of Parliament -, and abolifh-
ing epifcopacy, which had continued in
the church of Lhrift about fixteen hundred
years.

As to his refufing to licenfe Sir An-
book, he left thefe

Hungerford's

thony

things to his Chaplains, as his predeceflbrs
had alw .ys done. It was impoflible they
ihould perjfe every book themfelves.

On the 27th of June his Grace was
charged with the following pafTages out of
a fpcech he m:\de in the Star-Chambcr ;
from whence the managers faid, it was
evident he held tranfubftantiation, viz. /

" The altar is the greateft place of God's
refidence on earth, greater than the pul-
pit ; for there it is, /joc ejl coy pus maaii,
i his is my body, but in the other it is at
moft, hoc eft "verbum meum. This is my
Word ; and a greater reverence is due to
the body, than to the word of God."

He was alio charged again, with licen-
fing Fopifli and Arminian books, and fuf-
fered his Chaplains to preach and print Ar-
minian doftrines.

To this his Grace anfwered, that Mr,
Nicholas the manager, confounded tran-
fubftantiation with the real prefence ; tliac
Calvin, who was an enemy to tranfubftan-
tiation, yet held a real and true prefence ;
that St. Paul obferves a great fin was com-
mitted in his time, " In not difcerning the
Lord's Body, when unworthy comnmni-
cants received ; that this was at the holy
table or altar, St. Paul fays, they received,
yet did not difcern the Lord's Body ; ancl
yet he did not think St. Paul maintained
tranfubftantiation ; that the communion
was ever held to be the touchftone of re-
ligion. All divines agreed with what our
Saviour taught. Matt. xxvi. 26. That the
PafTion of Chrift, and this bleflcd facra-
ment, have the fame cffed, where the
latter is worthily received.

He faid, he did not know his Chaplains
preached or printed Popifli or Arminian
dodlrines, or licenfed any book that main-
tained them ; but if they did, they were
anfwerable for it.

This day an order was made for re-
moving all the Archbiftiop's books from
Lambeth -, and it is faid, they were given
to the infamous Hugh Peters, Cromwell's
Chaplain.

The next thing infiftcd on, was, his
Grace's preferring none but men popiftily
affedled ; or thole, who promoted cere-
monies and the Arminian dodrine •, in-
ftancing in Archbifhop Neile, Dr. Bray,

Dr. Pierce,

A COLLECTIO

Pr. Pierce, and other celebrated clergy
men.
Then

they charged him with caufing
many pious and learned divines to be
filcnccd, deprived, &cc. according to the
eleventh original article. They alio went
upon the fixth additional article, which
charges him with hindering and buying in
of impropriations.

To thefe articles his Grace anfwered,
That molt of the clergymen, mentioned to
be preferred by him, were preferred by
others ; neither did he know they held
Popilh or Arminian doftrines -, that none
were filenced or deprived, but fadious
preachers and leflurers, and thefe moft of
them by other Bifhops or the High Com-
mifllon ; for which he was not anfwerable.
That the defign of buying in impro-
priations, was a projedl to undermine the
church. The twelve men who were made
the Truftees in this matter, took upon
them, without any authority, todifpofeof
this charity, (as it was called) to whom
they faw fit ; and beftowed it only on men
difaffcdled to the church, to fchool-mafters
and ftudents of the Univerfity, to breed
them up in oppofition to the church -, and
difpofed of none of it to the prefent incum-
bents, to whom the tythes were due, unlefs
they appeared to be of their factious prin-
ciples ; and by thefe means they would,
in a fliort time, have brought great part of
the clergy to depend on them ; whereupon,
Mr. Attorney advifing, that the projedl
was illegal, the matter was tried and ad-
judged to be fo in the Court of Exchequer;
but that no man had been more zealous
forpurchafing impropriations than himfelf,
where they niigiit be applied to their
proper ufe.

His Grace being brought to the bar
again on the 17th of June, was charged
with making a divifion between the church
of England and the foreign reformed
churches, by depriving the foreign churches

N OF T R I A L S. 99

here, of their privileges ; and that
paflage in his book againft Fifhcr, viz.
" No Bifhop, no Church," was urged as
a further proof of his intention : A parage
in Bifhop Montagu's book alfo was cited
againfl his Grace, viz. " That none but a
Bifhop could ordain, unlefs in cafe of ne-
ceflity :" And a third thing infilled on was,
his advifing Bifliop Hall, not to. afiirm
pofitively, That the Pope v/as Antichrill;
Another oficnce was, his having aflcrted,
That church government by Bilhops was
not alterable by human laws.

Then the 13th original article, and tlic
7th additional article were proceeded on,
which charge him with traiteroufly endea-
vouring to reconcile the church of England
to the church of Rome ; to maintain
which. Dr. Featly depofed. That about
thirty years fince, his Grace was reported
to be Popifhly affeded at Oxford ; and one
Harris depofed, that he was told his Grace
would leave the church of England : And
a letter or two, found in his Grace's ftudy,
from the Pope to fome other perfons, were
looked upon as a further evidence of his
Grace's being in a horrid plot, to recon-
cile the church of England to Rome ;
which was faid to be confirmed by his in-
timate acquaintance with the Duke of
Buckingham ; by the favour he was in
with the Queen -, and by papers fent him
by one Habernfield, about a plot ; and
laftly, his having been offered a Cardinal's >
cap.

His Grace's anfwer to this part of the
charge, was. That the inference No Bifhop,
no Church, was St. Jerome's ; and if they
were offended at it, they would do well to
anfwer him ; that it was the opinion alfo of
many learned and moderate divines, that
none but a Bifhop could ordain, unlefs in
cafe of necefTity ; and whether the foreign
churches were under that necefllty, might
deferve confideration ; that he did indeed
advifc Bifhop Hall, not to aflert pofitively,

the

A COLLECTION of TRIALS.

100

the Pope was Antichrift- and obferved
what King James faid, when he was re-
flefted on tor laying, the Pope was Anti-
chrift, viz. " I maintain it not as a point
ot faith, but as a probable opinion -, for
which, I have more grounds, than the
Pope has for his challenge of temporal
power over princes : let him recall this
opinion, and I will recall that;" adding,
he did not believe the calling the Pope An-
tkhrift ever converted one underftanding
Papift : Nor had Gabriel Powel done the
church ot England much fervice abroad,
by affirming, " That he was as certain the
Pope was Antichrift, as that Jeftis Chrift
was the Son of God, and the Redeemer of
the world :" However, he faid, he left
people to- think as their judgments guided
them ; as appeared by his licenfing Dr.
Featley's fermons, where he- endeavours to
prove the Pope Antichrift, and the Whore
of Babylon.

To which Nicholas replyed in a flood of
abufive language, and concluded. That the
Archbilliop was " Pander to the Whore of
Babylon." Whereupon his Gi-ace faid. If
t-hey did not think fit to treat him as an-
Archbifhop, he hoped he fbould be ufed
as a Chriftian •, and, were it not for the
duty he owed to God and his own inno-
cence, he would defert his defence, rather
than endure fuch language: And' the
Lords were fp good as to expi-efs fome
diflike, at the abufive lajgguage that Jiad
been given him.

Then his Grace proceeded in his defence,
and faid, Though he had aflcrted the go-
vernment of the church by Bifhops, was
not alterable by human laws •, yet he hekl,
that Bifi>ops might be reflrained and limit-
ed by human laws, in thofe things which
were but incidents to their calling; but
their calling, fo far as it was by divine
right, could not be taken away, wliich
was the judgment of the church of Eng-
iand ; as appeared, by the preface to the

book of Ordination, which fays, " From
the apoftles time there have been three,
orders of minifters in the church of Chrift,
Bifhops, Priefts, and Deacons ;" and that
this book was confirmed by the ftatute of
the 8th of Eliz. cap. i. obferving, That it
was a little abfurd in them, to cry out of
innovations, who had thrown Bilhops out
of the church, after they had continued ia.
it fixteen hundred years.

As to his being Popiftily affefted, he;-
obferved, thefe were but reports, and the-
witneiTes had not inftanced in one Popifk
opinion held by him^ except it was, his
aflerting the necelTity of Baptifm, in the
Divinity-fchool at Oxford. As to their in-
ferring that he was Popifhiy affefted, from
fome of the Pope's letters found in his
ftudy, and direfted to other people, this.
was not at all concluding •, for his prede-
ceflbr had many fuch letters by him, with-
out any fuch imputation ;. nor did his in--
timacy with the Duke of Buckingham,,
prove him to be for a Popifh match, either
with Spain or France,, or ditcover his in-
clination to Popery, any more than her
Majefty's favour.

As to Habernfield's plot, his Grace
ftiewed, he fent the papers to the King im-
mediately after his receiving them ; and
by thofe it appeared. There was a ron-
fpiracy againft his own life : He wondered
therefore with what colour they could pro-
duce thofe papers againft him.

He did acknowledge,, that a pcrfon be-
longing to a certein ambailador, did offers
him a cardinal's hat, but he immediately
acquainted his Majefty with it ; and they
ought to have done him the juftice to have
mentioned his anfwer to the offer, (viz.).
" That fomewhat dwelt in him, which would
notfuffcrhim to accept that, till Rome was
altered ;" But as to any other offer by Sig-
nior Con, as his enemies had fuggefted, tie
knew nothing of it ; neither did he fuGcr
Con to coma near hinij, though great ap.piL,. .

cation.

A COLLECTION of

cation was made to him that he would :
Concluding, that if the offer of a Cardinal's
hat, would make a man a traitor, then any
Papifl: might bring a Bilhop within the
danger of high trealbn.

On the 24th of July, the managers went
tipon the fame articles they did at the pre-
ceding hearing, ond repeated a great deal
of the fame matter : They charged him al-
io with faying, " That the church of Rome
and ours, was all one ; that we did not dif-
fer in fundamentals, but in circumftances ;,
that Rome was a true church," &c. That
he favoured Papifls and releafed them out of
prifon ; entertained and harboured Sir To^
by Matthew, and feveral Popilh priefts,,
rcfufed to commit Fifher the Jefuit ; and
was very intimate with Secretary Winde-
bank, who ufed to difmifs Popifh priefts,
when tlie melTengers had taken them ; that
That the priefts had the beft lodgings in
Newgate, and the liberty of walking the
Ureets ; that he would not fuffer Popifh
books that were taken to be deftroyed, but
frequently returned them to the owners ;
nnd that he had laid in the preface to his
book agaiiifl: Fiflier, " Thattohis remem-
brance, he had not given him Oi" his-, any
coarfe language."

His Grace anfvvered', as to the churches
of England and Rome being all one, Tliat
his words were, " Nor do the church of
Rome and the Proreftants let up a different
religion, for the Chriflian religion is the
fime in both -," and hcobferved. That un-
Icfs they maintained Papifls were no Chri-
rtians, they could make nothing of this
pafTage : And as to his faying, " We did
not differ in fundamentals ;" Calvin him-
felf had affirmed, " That in defpight of
Antichrill: the f mndations of the church re-
mained in the Papacy itfelf, that liie church
might not wholly perifh."

As to his being intimate with Mr. Se-
cretary Windebank, he was an old friend,
and he thought him a man of worth, but.

Vox. 1. No, 5.

TRIALS, loi

if he was deceived, the fecretary was living,
and mufl anfwer for himfelf. He acknow-
ledged he fent four pounds to releafe f'ludd
out of prifon ; it being reprelented to him,
that he was a convert from Popery, and his
imprifonment occafioned on that account ;
of which he produced a witnefs : He alfo
brought the fervants that attended him
conflantly, who depofed. They never faw
Sir Toby Matthew with his Grace, or any
Fopifli prieft entertained by him ; and as
to Fifher the Jefuit, he did not think it pro-
per to ad in that matter, leafl it Oiould be
laid, he deftroyed himfelf becaufe he could
not anfwer him.

As to Popifh books, he faid, it was the
conftant courfe of the high commiflion to
give them to their regiffer, to lay up in his
ofHce, and when they had a good number
of them, then to burn them ; and if anj
were re-delivered to the owners, it was,
when they were not found dangerous.

He thought it very hard they fhould
charge him with the confinement or liberty
given to the prifoners in Newgate ; they
did fure defign to make the Archbifhop
keeper of Newgate. And laftly, as to his
not calling names, and giving Fifher and
the Pope ill language, when he wrote againfl:
them, he was ftill of opinion that ill lan-
guage added very little weight to an argu-
ment.

His Grace being brought to the bar
again the 29th of July, the managers went
upon tlie i^4th origirud article, (viz.) " That
to prevent his being quellioned for thefe
and other his traiterous proceedings, he had
endeavoured to fubvertthe rights of Parlia-
ment, and create a divilion between his
Majclty and his people, and ruin his kingy
doms ; for which they impeached him of
high treafon.

The evidence, to fupport his charge w."s-,

That he had aflifled the Duke of Bucking-.

ham in making two fpecches, whtn hcwas

impeached by the Houle of Commons j and

D d that

io:2 A C O L L E C T

that lie had drawn viji two of the King's
fpceche? to the Parliament, in which were
Ibmr four paiTagej ; and Sir SackvillcCrowe
depoled, that his Grace flievved him a paper,
in which v.'ere feveral alperfions on the Par-
liament, and that the paper was fubfcnbed
W. Laud : A paflage out of his Diary alfo
was read, to (hew his enmity to Parliaments
(viz.) June 15, 1626. Pojl multas agitatioru
privata malitiain J)ucem Buckiiigharuice fu-
peravit & Juffocavit omnia publica negctia ;
.r.ihd otium ejt, Jed Parliamcntam folutum :
Wherein it was obferved he charged the
Parliament with malice. Another evidence
of his averfion to Parliaments, was fald to
be, his affilVing in drawing up the proclama-
tion for Uippreffing the (rebellious) remon-
ftrance •, a paper alio wa"; produced, called
his Grace's " Reafons againll: Parliaments,"
Jaid to be of his own hand- writing:: And the
following words were read out of his Diary
againft him, (viz.) The Parliament which
was diffolved 10 March, 1628, fought my
ruin i" as alfo fome notes on Sir Benjamin
PvUdyard'sfpeech in Parliament.

Another paflage in his Diary was read,
.purely to expofe him, (viz.) 27 Odober,
1 640. " Going irito my upper If udy to fend
away fome manufcripts to .Oxford, I found
my piflure fallen down upon the face,
and lying on the floor : I am almoft every
day threatened with ruin, God grant this
be no omen of it." Another paflage half
burnt out, which the managers fupply'dout
of their own invention, was read ; wherein
they make him fay, that " Magna Chaita
had an obfcure birth, and was fofl:ered by
an ill nurfe :" And concluded with part of
a dream, the Earl of Pembroke depofed,
that his Grace related to him, (viz ) ■' That
he fhould come to greater preferment in
the church, and power in the fl:ate, than
any man of his birth and calling had done
before ; but in the end he Qiould be
hanged.

ION OF TRIALS.

Wliereupon, Nicholas the manager faid,
the ftrflr part of his dream had proved true,
to the great hurt both of church anri ftate ;
,Tnd he hoped their Lordi'hips would now
make good the latter, and hang him.

To the charge of this day his Grace an-
fwered. That there were no particular faults
tound with the fpeeches he made, or correc-
ted, for the Duke of Buckingham -, and it
was not criminal fjr one friend to aflift ano-
ther : and as to the King's fj-eeches, he
acknowledged he drew them, but he followed
his inftruclions clofe, and could not im.igine
that ever this fiiould have been made a
foundation for a charge of high treafon.

He protefted he never gave Sir Sackvillc
Crowe any fuch paper as was mentioned,
and the truth of it was very much to be
fulpe<5led, in as much, as it was fiid to be
figned W. Laud, and he was then bifliop
of St. David's, and always fubfcribed him-
felf Gujl. Alenevan while he held that fee :
That the teftimony of Bland was inconfiftent ;
for he depofed firil. That the propofitions
in that paper, were the occafion of the dif-
folution of the Parliament ; and within
three lines he fays, they were delivered to
the Duke of Buckingham after tlie Parlia-
ment was diflblved That the words

privata malitia in his Diary, could not re-
late to the Parliament, but to fome private
men in that,Par!iament ; And as to the pa-
per called, " Reafons againft Parliaments :"
It appeared to contain fome hopes and fears,
which were conceived of a Parliament, and
not reafons againfl: them. That his Grace
was not the author of thofe hopes and
fears, but only gave his advice as a Privy-
counfellor, when it was demanded ; and
this was his duty ; however, thofe hopes
and fears related but to the fucceeding Par-
liament and their hopes prevailing the Par-
liament fat. As to the note in; his Diary,

That a certain Parliament fought his ruin,
this was a much better argument to prove
the Parliament enemies to him, than he to

them i

A COLLECTIO

them •, and he thought his difliking a p-if- |
fage in Sir Benjamin Rudyard's fpeech would
never prove him an enemy to Parliaments :
That as to his drawing the proclamation,
ccntaining an anfwer to the rem.onftiance,
he did it by command, and agreeable to his
inllructions ; and what the remonllrance
tended to, all the world were convinced by
this time -, That there was no proof of that
paffage " I'hat Magna Charta had an .ob-
Icure birth," and indeed tlie exprefTion was
not to be found in feveral law books. — As
to his pretended dream, though the Earl of
Pembroke had averred the truth of it, upon
his honour, he never had any fuch dream ;
he faid he had not forgotten the prediiflion
of our Saviour, " That in the world we
(hould be fure to meet with afflidlion." Nor
his prayer, " Father forgive them, for they
know not what they do :" And concluded
his defence with a prayer, " That God
would blefs both King and people, fubmit-
ting himfelf to his divine will."

Then his Grace moved, that a day might
be afligned him to make a recapitulation of
the whole proceedings, and that his counfel
might fpeak to the points of law, which was
granted, after their LordOiips had confut-
ed the Commons -, and Monday the 2d of
September was appointed for the recapitula-
tion.

His Grace appearing at the bar the 2d
<^f September, faw that every Lord had a
fmall folio in his hand, which he found to
be his Diary in print, with Prynne's remarks
upon it : Before he entered upon his reca-
pitulation, he obferved, that his trial began
the 12th of March 1643-4, and ended the
29th of July following ; during which time
their Lordfliips had heard him twenty days,
and twelve days they had fent him back
without hearing ; and the intervals had
been taken up, in finding and managing
the evidence againft him. He defired their
Lordlliips would confider his fundtion, his
great age, his long imprifonment, the lofs

N OF T R I A L S. 103

of his eftate, and the rcfignation with which
he had borne thefe affliftions ; that they
would alfo obferve the generality and un-
certainty of every article, which made his
defence extremely difficult ; That the ufe
of his ftudy, his books and papers had
been taken 'from him, and of twenty-three
parcels of papers prepared for his defence,
and taken from him ^in the tower, by Mr,
Prynne, but three were returned again :
That his very pockets were fearched, and
even his diary and prayer-book taken from
him ; and made ufe of, not to prove, but
to frame a charge againft him. But tlius
far thefe hardfhips had been an advantage
to him ; that their Lordfhips had fccn the
pallages of his life ; and by his prayer-
book, the greateft fecrets between God and
his foul ; and though thefe had been tho-
roughly fearched, he thanked God, they
could find no diiloyalty in the one, or Po-
pery in the other : That all the council-
books, thofe of the Star-chamber, Pligh-
commifTion, Signet-office, Regifters of Ox-
ford and Cambridge, had all been diligently
fearched for matter againft him ; yet he
was fuffered to have no afliftance from any
of them, towards making his defence.

That even his adtions, that tended to the
public good, and the honour of the
church and kingdom, anel in which he had
been at great pains ar*d expences, fuch as
the repairing St. Paul's, and fettling the
ftatutes of the Univerfity of Oxford, had
been objected to him as crimes ; that moft
of the witnefles produced againft him, had
been exafperatcd fedlajies or Separatifts»
whom the laws had been put in execution
againft ; but by the civil law, no Ichifma-
tick was to be admitted a witnefs againft
his Bifhop : That thefe men were made
witnefles m their own caufes ; and the
judgments of the Star-chamber, High-coin-
miflion and Council- table, were here on a,
fudden overthrown, by the teftimonies of
the parties themfelves ; nor was it polliblc

for

I04

A COLLECTION of TRIALS.

for one, who had fat as Judge In fo many
feveral caufes, to give an account of the re-
fpciftive motives that diredled his confcience
in every one of them, after fo many years
clapfed : That what he had done was, to
the beft of his underftanding, conducive to
the peace and welfare of the kingdom, and
the maintenance of the do6lrines and dif-
cipline of the church eftablilhed by law :
And obfervcd that, while he was in the ad-
miiiiftration, God had been pleafed to blefs
this ftace with fuch peace and plenty, that
the neighbouring nations looked on us with
admiration. What the overthrow of this
contlitution might produce, God only knewj
but he prayed God to avert it.

He obferved alio, That every hafty ex-
preffion to which he had been urged by any
provocation, had been infifted on to ag-
gravate the charge ; but he hoped their
Lordfliips would impute them to human
frailty ; that he was in many inftances cri-
min.dly charged with the adions of other
men, and even with the afts of the Star-
chamber, Council table, High-commiflion,
and Convocation, where he had but a fingle
vote-, andin fome of thefe courts, there fat
with him men of the greatefl honour, learn-
ing and experience ; and it was hard, that
tlic fame fafts Ihould be conllrued treafon
in him, which were not cenfured as mifde-

meanors in any of the reft. That there

had been no proof of his foliciting any man
to concur with him, nor could his vote in-
fluence others, becaufe it was always given
iaft.

That as to what had been fo ftrenuouily
-iirc^ed againft him, that he afcribcd that
power to the church which belonged to the
Parliament i he conceived, the Parliament
could not as the law ftood, determine the
truth of doftrines, without the aflentof the
church in convocation ; that the firft claufe
in Magna Charta, eftnblifhes the church in
all her rights, of which, " the power of
determining in matters of doctrine, and

difcipline was one, at that time -, nor had"
this right of the clergy been limited by any
law fmce, but by that claufe of i Eliz. cap.
I. which impowers the Parliament, with the
affent of the convocation, to judge of he-
refy, &c. ansi ftill he held, that the judging
of the truth or falfehood of any dodrinc
was in the church ; though the power of
punifhing offenders was in the Parliament,
with the aflent of the clergy.

That it was true the King and Parlia-
ment might, by their ablblute power, change
Chriftianity into Mahometifm ; and thofe
who could not obey, muft either fly, or en-
dure the penalties inflidced for their difobe-
dience ; but both King and Parliament,
muft anfwer for the abufe of their power to
God : And though it had been objefted^
that if the Parliamentwould not have med-
dled with religion without the convocation,
there had been no reformation •, yet the Ar-
ticles of Religion were fettled by a fynod of
the clergy, at the reformation ; and con-
firmed by Parliament, with the affent of the
clergy, in convocation.

And whereas, his accufcrs had not been
able to charge any one of his adions as
treafonable ; and yet had notwithftanding,
urged that the relult of them altogether
amounted to treafon. 1 le begged leave to
obferve, that the refult muft be of the fame,
nature and fpecics with theparticulars, frojii
which it arifes : And as this rule held ia
nature and morality, fo it did in law ; for
where there were never fo many crimes
heaped together, yet there was no law that
made the refult of different crimes, treafon,
where none of the particulars were treafon
by law : That the ftatute of the 25 Edw.
III. haddetermined what (hould be deemed
treafon, and what not; and unlefs this re-
fult was fomething v/ithin that ftatute, it
could not be treafon.

His Grace afterwards moved, that his
counfel might be heard to the following
points, (viz.) Whether all, or any of the

articles

A COLLECTION of TRIALS.

10!

articles amounted to high treafon: Secondly,
Whether the charge contained in them, was
made with that certainty the law required:
But tliefe points being communicated to
the Commons, they would not luffer the
counfel to argue any more than the tirft ;
with whom their Lordlhips (now in a man-
ner fubjeft to the Commons) agreed -, and
Mr Hern, was pitched upon, to deliver his
own, and the arguments of the reft of his
Grace's Counfel, at the bar of the Houfe,
the nth of the October. Wherein, befides
what his Grace had already infifted on, they
obferve, that as nothing is treafon by the
law of England, but what is made lb by
the 45 Edw. III. fo that aft ought not to
conftrued by equity or inference : i. Be-
caufe it is a declarative law, and no declara-
tion ought to be furcharged with another
declaration. 2. This law was provided for a
lecurity in life, liberty, and eftute •, but to
admit conllruftions and inferences upon it,
muft by confequence deftroy the intent and
forceof the provifion. 5. It has been held
in Parliament and judicial debates, that this
aft Ihall be literally conftrued, and not
ftretched to inferences.

Then they proceed to fhew, that no part
of the charge contains any of the treafons
declared by the 25 Edw. III. or any fub-
fequent ftatute : That an endeavour to fub-
vcrt the fundamental laws is not treafon by
any law. 1. Becaufe it is not comprized
within any of the words of the 25 Edw. III.
nor can be brought within it, by any con-
ftruftion or inference. 2. Becaufe an en-
deavour to fubvert laws, is of fo great a la-
titude and uncertainty, that every aftion
not warranted by law, might by this means
be llrained to treafon ; and to corroberate
their argument, cited the following cafe out
of Sir Edw. Coke, (viz.) * A conveyance
was made in tail, with a provifo, that if the
tenant did go about or attempt, to difcon-
tinue the entail, the fame Ihould be void -,
and it was refolved by the judges, that the
Vol. I. No. 5.

provifci'was void, becaufe the words attempt
or go ahout^ arc uncertain terms : and thi
reporter adds, " God defend that inhe-
ritances and eftates of men fhould depend
upon fuch uncertainties. Mi/era eft fervi-
tus, ubi jus eft vagum id quod non dejinitur
in jure quid Jit coiiatus." And therefo-^e the
rule of law decides this point ; Non elicit
conatus nifi fequitia- effe^iu, the law rejefts
conations and goings iibout, as things uncer-
tain, tliat cannot be put in iiTue : and his
Grace's counfel urged, that if eftates were
thus well guarded, it was prtkimid this
reafoning would hold much llronger in cales
of lite.

Then they fingled out two particulars,
that ieem to have been urged with the
greateft force againft the Archbiftiop,

I. That he had traiterouHy endeavoured
to rcco[ici!e the Cliurch of England to the
Church of Rome. But if this was treafon,
they obferved it mull; be fo by the 5th Ja'c.
cap. 4. which enafts, I'hat if any man Ihaii
put in praftice, to reconcile any of his Ma-
jelly's fubjefts to the Pope or See of Rome,
he fiiall incur the forfeitures of treafon. Buc
firft, the article only charges an endeavour,
whereas the ftatute mentions a putting in
praftice. Secondly, the article charges
an endeavour of reconciling the Church
of England with the Church of Rome ;
whereas the ftatute mentions the reconcile-
ing his Majefty's fubjefts with the See of
Home.

The other particular is in the 7th ad-
ditional article -, in which the Archbiihop
is charged with wittingly and willingly re-
ceiving and harbouring divers popifli prielts
and Jefuits, and particularly, Sanfta Clara
and Monf St. Giles : But they obferved,
that the harbouring Priefts and Jefuits was
felony, and not treafon j and that the ftatute
extends only to priefts born within the
Englifti dominions, which Sanfta Clara and
St. Giles were not.

They

io6 A COLLECTION

They urged alio feveral things which his
Grace had infifted on before-, and in the
whole argument confined themfetves to the
n.iiure an.l degree of the crimes exhibited
in the articles, without touching on matter
of fa6l, or enquiring whether the particu-
lars of the charge were proved ornot.

The hearing being over, a petition was
handed about London, for bringing delin-
quents to juilice; and feveral preachers did
all that lay in their power to inflame the
people -, telling them, that nothing could
conduce more to the glory of God, than the
execution of delinquents : and by thefe
means, a multitude of hands werj procured
to the petition, which was delivered to the
Commons the 28th of Oftober, none being
named in it but the Archbifliop, and the
Bifhop of E'y.

And now the Commons, finding that the
Lords would not do their bufinels, and con-
vid the Archbifhop of high trcaion, rc-
folved to deftroy him by a bill of attainder,
which they were lb gracious to acquaint the
Archbifliop with, and ordered hmi to be
brought to their bar the firrt of November;
where Mr. Brown, one of their managers,
gave them a fummary of the proceedings,

before the Houfe of Lords, and his Grace

was permitted to anfwer it, the i ith-of the (not above fouitcen, at moll, prcfent in the

OF TRIALS.

were tryers of facls, either in criminal or
civil cafes, founded their verdiift upon
evidence only reported to them, which rhey
did not hear thcmfclves : He offered it to
their confideration alfo. Whether it were
juft and honourable, to judge him in that
iioufe, when he had been iinpeached by
them, and pleaded, and ifflie joined, and
evidence given in upon oath, in another
place : Whether, after this, they would
think, fit to judge him in their own houJe,
only upon a Report or Hcar-fay, without
any oath made before them.

On the 14th of November, his Grace
was brought to the bar of the Houfe of
Commons again, to hear Mr. Brown's
reply, but was not fuffered to fpeak after-
wards ; and within two days they pafTed
the Ordinance, or bill of Attainder, and
fent it up to the Lords •, who were flill of
opinion. That the fafts his Grace was
charged with, did Hot amount to high
treafon : But the Commons fending them
a m,eflage, " That they would do well to
pafs the Ordinance, or the multitude would
come down and force them to it ; and
giving them to undcrfland alfo, that they
would be foon voted ufelefs, if they did
not comply ; a fmall remnant of the Lords

fame month -, wherein he obferved, thst,
though Mr, Brown was a very able man,
and had with a great deal of art fummed
up the evidence, yet the Commons had not
heard the witnefles themfclves, as the Lords
had done •, and that what had been repre-
fented to them, was but the collection of
one man's judgment, who related what he
conceived had been proved: but his opinion
poffibly might differwidely irom the opinion
of the Judges themfelves, who heard the
evidence at large ;and befides, Mr. Brown
had been abfent feveral days, when his Grace
was heard ; and of thole days he could
only report what had been reported to him:
and he thought, never any jurors, who

Houfe) pafTed the Ordinance for the Arch-<
bifhop's attainder, on the 4th of January,
and on the 6th, an order of both Houfes,
v;as made for his execution on the loth of
the fame month. Some hiftorians relate
there were only feven Lords prefent at the
pafilng the bill of Attainder, and give us
the names of fix of them, viz. The Earls
of Kent, Pembroke, Salifbury, and Bo-
lingbroke, the Lord North, and the Lord ,
Grey, of Werk.

The Archbifhop afterwards acquainted
the Houfes, that he had his Majelly's
pardon ; bur this would not avail hirn. .
Firif, becauie it was granted before cojv.
viftion, they faid -, and fccondly, that if it

hajd

A COLLECTION of TRIALS.

107

had been fiibfequent, ycc in a cafe of
treafon againft the kingdom, (as they term-
ed it) it could be of no force. However,
they indulged his Grace fo far, as to remit
all the reft of the fcntencc, but the be-
heading.

This heroic ConfefTor being brought to
the fcaffold on Tower-Hill the loth of Ja-
nuary, mounted it with an air of great re-
folution and chearfulnefs, beginning his
fpeech with the following text of Scripture,
viz. " Let us run with patience the race
that is fet before us, looking unto Jefus,
&C." And artiong other things he faid.
That he was well aflured, God was able to
deliver him from this violence, as he did
the three children from the furnace; and
that by our Saviour's afTiftance, his re-
folution was the fame with theirs : They
rtfufed to worfhip the image the King had
fet up; neither would he idolize the ima-
ginations of the people, nor forfake the
temple and truth of God, to follow the
bleating of Jeroboam's calves. As for the
people, he obferved, they were miferably
mifled ; the blind led the blind ; and if
they went on, they- would both certainly
fall into the ditch. Then he obferved, that
he was not only the firfl. Archbifhop, but
the firft man, that ev'er died by an ordi-
nance of Parliament ; and hoped his caufe
would appear in heaven, with a different
complexion from what was put upon it
here : That his cafe, as foul as it was re-
prefented, looked fomething like that of
St. Paul's, who was accufed as a great cri-
minal againft the law and the teriiple ; and
St. Stephen's, who was arraigned for break-
ing the ordinances that Mofes had de-
livered ; that is, for endeavouring the fub-
verfion of the laws and religion of his
country.

Then he proceeded to clear the King of
being Popifhly afTcded ; a calumny, which
he faid he knew him 10 be as free from, as
any maa living; for he held hirn- to be as

found a Proteftant, (according to the re-
ligion by law eftablifhed) as any man in tl>e
kingdom ; and that he would venture his
life as far and as freely for it. He com-
plained of the riotous tumults of the people,
and their clamouring for juftice at the Par-
liament Hoiife. 1 ills was the way, he
faid, to draw the guilt of blood upon their
heads ; and thele mutinous diforders, ha
obferved, were not reftrained by the ma-
giftracy. He lamented the calamitous
condition of the church of Eng^land : She
was become he faid, like an oak, cleft in
pieces with wedges made of her own body,
while iniquity and prophanenels triumplud
under the pretence of Godlinefs ; that the
fiibftance of religion was loft, and thac
church, which ftood firm againft the attacks
of the Jefuits, was- terribly battered by her.
own party.

As to his religion, he declared himfelf
of the communion of the church of Eng-
land, eftabliflied by law ; and in this per-
fuafion, he faid he had always lived, not-
withftanding the unrcafonable clamours
railed againft him. He declared himfelf
alio a friend to the conftitution, and par-
ticularly to Parliaments ; but the beft^
things, he obferved, were often corrupted
and became the worft : Thus the Parlia-
ment being the higheft court, the laft relbrr, .
from which there was no appeal, when this
laft refort was mifjnformed or mifgoverned,
it turned to the moft fatal grievance ; for
in fuch cafes the fubjeft v/as left without
remedy.

After this fpeech, the Archbidiop per--
formed his devotions with great fervency, .
and then moving towards the block, found
the fcaffold fo crouded with his enemies
that came to triu.mph, thathe was forced
to entreat them to make way, and give
him room to die ; but Sir John Clotworthy, ,
who endeavoured to give him all the
I difturbance he could in his laft moments,
j ftill ftood in his way, and demanded, whac

text.

io8 A CO L L E C T I O N

tesct of fcrlpture wcs moft conafortablc to a
dying nia-i ; to which liis Grace anfwered,
Cupic d.jjlh'iy et fjfc cum Chujio: But Sir
Johii replied, there mull be an afTurance
to found tliat dcfire upon : And Sir John
continuing this barbarous treatment, the

OF TRIALS.

Archbifliop could find no other way to get
rid of tlie impertinent zealot, than by bid-
ding the executioner do his office, who ie-
parated his head from his body at one
blow.

The Trial of KING CHARLES the FIRST, began Saturday, January 20, and
ended on Saturday, January 27, 1648.

ON Saturday, being the 20th day of
January, 1648, the Lord Prefident
of the High Court of Juftice, with near
fourfcore of the members of the faid court,
having fixtecn gentlemen with partizans,
and afword and a mace, with their and other
officers of the faid court, marching before
them, came to the place ordered to be pre-
pared for their fitting at the weft- end of tiie
great hall at Weftminfter ; where the Lord
Prefident in a crimfon velvet chair, fixed
in the midll of the court, placed himfelf,
having a de(k with a crimfon velvet cufliion
before him -, the reft of the members
placing themfelves on each fide of him
upon feveral feats, or benches, prepared
and hung with fcarlet for that purpol'e ;
and the partizans dividing themfelves on
each fide of the court before them.

The court being thus fat, and filence
made, the great gate of the faid hall was
fet open, to the end that all perfons, with-
out exception, defirous to fee or hear,
might come into it ; upon which the hall
was prefently filled, and filence again or-
dered.

This done. Colonel Thomlinfon, who
had the charge of the prifoner, was com-
manded to bring him to the court; who
within a quarter of an hour's fpace brought

him, attended with about twenty officers
witli partizans, marching before him, there
being other gentlem'rn, to whofe care and
cuftodyhe was like wife committed, march-
ing in his rear.

Bring thus brought up within the face of
the courr, the Serjeant at Arms, with his
mace, receives and condufls him ftrait to
the bar, having a crimton-velvet chair fet
before him. After a ftern looking upon
the court, and the people in the galleries
on each fide of him, he places himfelf, not
at all moving his hat, or otherwiie Ihewing
the leall rcfpccl to the court-, but prefently
rifes up again, and turns about, lookingdown-
wardsupontheguardsplacedon the leftfide,
and on the multitude of fpetfators on the
rioht fide of the faid great hall. After
filence made among the people, the ad of
Parliament, for the trying of Charles
Stuart, King of England, was read over
by the Clerk of the court, who fat on one
fide of a table covered with a rich Turky
carper, and placed at the feet of the faid
Lord Prefident ; upon which table was
alfo laid the fword and mace.

After reading the faid aft, the feveral
names of the Commiffioners were called
over, every one who was prefent, being

eighty

A COLLECTION op TRIALS. log

eighty, as aforefaid, riling up, and anfwer-
ing to his call.

Having again placed himfclf in his cl^air,
with his face towards the court, filence
being again ordered, the Lord Prefident
flood up, and faid :

Lord Prefuient. Charles Stuart, King
of England, the Commons of England af-
feir.blcd in Parliament, being deeply fen-
fible of the calamities tliat have been
brought upon this nation, (which is fixed
upon you as the principal author of it)
have refolvcd to make inqiiifition for
blood V and according to that debt and
duty they owe to juftice, to God, the
kingdom, and themfclves, and according
to the fundamental power that rcils in
themfelves, they have refolved to bring
you to tryal and judgment; and for that
purpofe have conftituted this High Court
of Juftice, before which you are brough .. .

This laid, Mr. Cook, Attorney for the
Commonwealth ((landing within a bar on
the right hand of the prifoner) offered to
fpeak : but the King having a ftaffin his
hand, held it up, and laid it upon the faid
Mr. Cook's fhouider two or three times,
bidding him hold. Neverthelefs, the Lord
Prefident ordering him to go on, he faid :

Air. Cook. My Lord, I am commanded
to charge Charles Stuart, King of Eng
land, in the name of the Commons of
England, with Treafon and High Mifde-
meanors •, I defire the faid charge may be
read.

The faid charge being delivered to the
Clerk of the Court, the Lord Prefident or-
dered it (hould be read ; but the King bid
him hold. Neverthelefs, being command-
ed by the Lord Prefident to read it, the
Clerk begun, and the prifoner fat down
again in his chair, looking fometimes on
the High Court, fometimes up to the gal-
leries ; and having rifen again, and turned
about to behold the guards and fpedators,
fat down, looking very iternly, and with a

Vol. I. No. 5.

countenance not at all moved, till thefe
words, viz. Charles Stuart, to be a T\ rant
and Traytor, &c. were read •, at which he
laughed, as he fat, in the face of the
court.

The Charge of High Treafon, and other
High Crimes, exhibited to the High
Court of Juftice, by John Cook, Efq.
Sollicitor-General, appointed by the faid
Court, for and on the benalf of the People
of England, againft Charles Stuart, King
of England.

That he, the faid Charles Stuart, being
adniitted Kmg of England, and therein
trolled with a limited power to govern by
and according to the laws of th^ land, and
not otherwife ; and by his truft, oath and
office, being obliged to ufe the power com-
mitted tohim, for the goodand benefitofthe
people, and for the prefervation of their
rights and liberties ; yet neverthelefs, out
of a wicked defign to ere6t and uphold in
himfeif an unlimited and tyrannical power
to rule according to his will, and to over-
throw the rights and liberties of the
people •, yea, to take away and make void
the foundations thereof, and of all redrefs
and remedy of mifgovernmenr, which by
the fundamental conftitutions of this king-
dom, were referved on the people's behalf,
in the right and power of frequent and fuc-
ceflive Parliaments or national meetings in
council i he, the faid Charles Stuart, for
accomplifhment of fuch his defigns, and
for the proteding of himfeif and his ad-
herents in his and their wicked praflices,
to the fame ends, hath traiteroufiy and ma-
licioully levied war againft the prelent Par-
liament, and the people therein reprelented*
Particularly, upon or about the thirtieth
day of June, in the year of our Lord 1642,
at Beverly in the county of York ■, and
upon or about the thirtieth day of July in
the year aforefaid, in the county of the
F f city

A COLLECTION of TRIALS.

city of York ; and upon or about the four
and twentieth dav of Auguft in the fame
year, at the county of the town of Not-
tingham, where, and when he fet up his
ftandard of war-, and alfo on or about the
twenty-third day of October, in the fame
year, at Edge-Hili and Keynton-Ficki, in
the county of Warwick ; and upon or
about the thirtieth day of November, in
the lame year, at Brentford in the county
of Middlefex ; and upon or about the
thirtieth dayof AuguLl, in the year of our
Lord 1643, at CaverlTiam -Bridge near
Reading, in the county of Berks ; and
Uj-^on or about the thirtieth day of October,
in the year laft- mentioned, at or near the
city ofdlcucef^er; and upon or about the
thirtieth dav of November, in the year lafl
mtnton d, at Newbury in the county of
Berks 5 and upon or about the thirty- firft
day of July, !n the year of our Lord 1 644,
a: CropredvBr;d!gt in the county of Oxon j
and upon or about the thirtieth day of
September, in the laft year mentioned, at
Eo imyn and other places near adjacent in
the county of Cornwa}! -, and upon or
about the th'rrieth day of November, in the'
year laft-mcntioned, at Newbury aforefaid;
and upon or about the eighth day of June,
in the year of our Lord 1645, at the town
of Leiceftrr ; and alio upon the fourteenth
day of the fime month in the fame year, at
Naieby-Field in the county of Northamp-'
ton : At v/hich feveral times and places,
or moft of them, and at many other places
in this land, at feveral other times within
the years afore-mentioned, and in the year
1646, he the faid Charles Stuart hath
caufed and procured many thoufands of
the free people of this nation to be flain •,
and by divifions, parties, and inrurreftions
within this land, by invafions from forcion
parts, endeavoured and procured by him,
and by many other evil ways and means,
he the faid Charles Stuart hath not only
maintained and carried on the faid war boxh

by land and fea, during the years before-
mentioned, but alio hath renewed cr cauled
to be renewed the faid war againft the
Parliament and good people of this nation,-
in this prefent year 1648, in the counties
of Kent, Ef^ex, Surry, SufTex, Middicfex,
and many other places of England and
Wales ; and alfo by fea. And particularly,
he the faid Charles Stuart hath for that
purpofe given commiffion to his fon the
Prince, and others ; whereL /, belides mul-
titudes of other perfons, many fuch as were
by the Parliament intrufted and employed
for the fafety of the nation, (being by him
or his agents corrupted to the betraying of
their truft, and revolting from the Par-
liament) have had entertainment and com-
miffion for the continuing ar.d renewing of
war and hoftility againlt thefaid Parliament
and people, as aforefaid. By which cruel
and unnatural wars by him the faid Charles
Stuart, levied, continued and renewed as
aforefaid, much innocent blood of the free^
people of this nation hath been fpilt, many
fiiTjilies have been undone, the public
treafury wafted and exhauftcd, trade obr
ftru6led and miferably decayed, vail ex-
pence and damage to the nation incurred,
and many parts of this land fpoiled, fome
of them even to defolation. And for
further profecution of his faid evil defigns,
he the faid Charles Stuart doth ff ill continue
his commiflions to the faid Prince, and
other rebels and revolters, both Englifli
and foreigners, and to the Earl of Ormond,
and to the Irifli rebels and revolters af-
fociated with him ; from whom further in-
vafion upon this land are threatened, upon
the procurement and on the behalf of the
faid Charles Stuart.

All which wicked defigns, wars, and evil
pradices of hini the faid Charles Stuart,
have been and are carried on for the advance-
ment and upholding of a perfonal intereft of
will and pow. r, and pretended prerogative
to himfclf and his family, againft the

. jniblic

A "COLLECTION

O F

TRIALS.

Ill

public intereft, common right, . liberty,
juftke and peace of the people of this
nation, by and for whom he was intrufted
as aforefaid.

By all which it appcareth, that he the
faid Charles Stuart hath been, and is the
occafioner, author, and continuer of the
fdid unnatural, cruel and bloody wars, and
therein guilty of all the treafons, murders,
rapines, burnings, fpoils, defolations, da-
maaes and mifchiefs to this nation adted
and committed in the fiid wars, or occa-
fioaed thereby.

And the faid John Cook by protefcation,
faving, on the behalf of the faid people of
England, the liberty of exhibiting at. any
time hereafter any other c! arge againft the
faid Charles Stuart, and alio of replying
to the anhvers which the faid Charles Stuart
fiiali make to the premifes, or any of them,
or any other charge that fhall be fo ex-
hibited ; doth for the faid treafons and
crimes, on the behalf of the faid people of
En^^l.ind, impeach the faid Charles Stuart,
as a tyrant, travtur, murderer, and a pub-
lic and implacable enemy to the Common-
wealth of England -, and pray that the faid
Charles Stuarr, King of England, may be
put to anfwer all and every the premifes •,
and that fuch proceedings, examinations,
tryals, fntences and iudgments may be
thereupon had, as fhall be agreeable to
juitice.

Subfciibed, John Cook.

Lord Trefident. Sir, you have now heard
your charge, containing fuch matter as
appears in it ; you find, that in the clofe
of if, it is prayed to the court, in the
behalf of the Commons of England, that
you anfwer to your charge. The court
experts vour anfwer.

King. I would know by what power I ain
called hither-, I wai not long ago in the
Ifle of Wight, how I came there, is a
longer {lory than I think is fit at this time

for me to fpeak of; but there I entered
into a treaty with both Houfes of i'arlia-
ment, with as much public faith as it's
polTible to be had of any people in the
world. I treated there with a number of
honourable Lords and Gentlemen, and
treated honefHy and uprightly ; I cannot
fay but they did very nobly with me, v^e
were upon the conclufion of the treaty.
Nov/ I would know by what authority, I
mean lawful -, there are many unlawful
authorities in the v/orld, thieves and rob-
bers by the highways ; but I would know
by what authority I was brought from
thence, and carried from place to place,
and I know not what-, and when I know
what lawful authority, I fhall anfwer.
Remember I am your King, your lawful
King, and what fins you bring upon your
heads, and the judgment of God upon this
land ; think well upon it, I fay, think
well upon it, before you go further from'
one fm to a greater ; therefore let me .
know by what lawful authority I am feated
here, and I fhall not be unwilling to
anfwer. In the mean time I fhall not
betray my trull ; I have a truft committed
to me by God, by old and lawful defcent,
I will not betray it to anfwer to a new un-
lawful authority ; therefor refolve me that,
and you fhall hear more of me.

Lcrd Prcfidcnt. If you had been pleafed
to have obfcrved what was hinted to you
by the court, at your firll: coming hither,
yoti would have known by what authority;
which authority requires you, in the name
of the people of England, of which you
are elected King, to anfwer them.

King. No Sir, I deny th^t.

Lord Prejident. If you acknowlege not
the authority of th>:r court, they mufl
proceed.

King. I do tell them fo, England was
never an eledlive kingdom, but an here-
ditary kingdom for near thefe thoufand
years j therefore let me know by what

authority

A COLLECTION of TRIALS,

112

authority 1 am called hither : I do ftand
more for the liberty of my people, than
any here that come to be my pretended
judges ; and therefore let me know by
whiit lawful authority I am feated here,
and I will anlwer it •, otherwife I will
:ior anfwcr it.

Lord Prefident. Sir, how really you have
managed your truft, is known •, your
way of anfwer is to interrogate the court,
which bcfctms not you in this condition.
You have been told of it twice or thrice.

King. Here is a gentleman, Lieutenant-
colonel Cobbet ; all< him, if he did not
bring me from the Ifle of Wight by force.
Ido not come here as fubmitting to the
court ; I will ftand as much for the privi-
lege of the Houfe of Commons, rightly un-
dcrftood, as any man here whatfoever. I
fee no p-iO.ufe of Lords here, that may con-
ftitute a Parliament ; and the King too
fl^ould have been. Is this the bringing of
the King to his Parliament? Is this the
bringing an end to the treaty in the public
faith of the world ? Let me fee a legal au-
thority warranted by the word of God the
Sjcriptures, or warranted by the conftitu-
tions of the kingdom, and I will anfwer.

Ld. Pnfident. Sir, you have propounded
a.queftion, and have been anfwered. Seeing
you will not anfwer, the court will confi
der hew to proceed ; in the mean time,
thofe that brought you hither, are to take
charge of you back again. The court de-
fires to know, whether this be all the an-
fwer you will give, or no ?

King. Sir, I difire that you would give
me, and a'l the world, fatisfadion in this ;
let me tell you, it ir not a flight thing
you are about. I am fworn to keep the
peace, by that duty I owe to God and my
country, and I will do it to the laft breath
of my boiiy ; and thecfore you fhall do
veil to fatisfy firft God, and then the coun-
try, by wh.-it authority you do it ; if you
do It by iui ufurped authority, you cannot

anfwer it. There is a God in heaven, that
will call you, and all that give you power,
to account. Satisfy me in that, and I will
anfwer ; otherwife I betray my truft, and
the liberties of the people : and therefore
think of that, and then I fnall be willing.
For I do avow, thr.t it is as great a fm to
withftand lawful authority, as it is to fub-
mit to a tyrannical, or any otherways un-
lawful authority : And therefore fxtisfy me
that, and }'ou fliall receive my anfwer.

Ld. Prefident. The court expefts you
ftiould give them a final anfwer, their pur-
pofe is to adjourn to Monday next, if you
do not fatisfy yourfelf, though we do tell
you our authority ; we are fatisfied with our
authority, and it is upon God's authority
and the kingdom's, and that peace you fpeak
of will be kept in the doing of juftice, and
that's our prefent work.

King. For anfwer, let me tell you, you
have ihewn no lawful authority to fatisfy
any reafonable man.

Ld. Prefident. That is, in your apprehen-
fion ; we are latisfied that are your judges.

King. It is not my apprehenfion, nor
yours neither, that ought to decide it.

Ld. Prefident. The court hath heard you,
and you are to be difpofed of as they have
commanded.

The court adjourns to the Painted-cham-
ber, on Monday at ten of the clock in the
forenoon, and thence hither.

It is to be obferved. That as the charge
was reading againft the Khig, the head of
his ftafF fell off, which he wondei 'd at ; and
feeing none to take it up, he ftoops for it
himfelf.

As the King went away, facing the court,
he fald, I do not fear that, (meaning the
fword.) The people in the Hall, as he went
down the ftairs, cry'd out, iome, " God
fave the^King," and moft for " Juftice,

A COLI. ECTIO

At the High Court of Juftice fitting in
Weftininfter-Hdl, Monday January 22.
1648.

O Yes made, filence commanded ; the
court call'd, and anfwer'd to their names.

Silence commanded upon pain of impri-
fonnent, and the captain of the guard to
apprehend all fuch as make difturbance.

Upon the King's coming in, a lliout was
made.

Command given by the court to the cap-
tam of the guard, to fetch and take into his
cuftody thofe wlio make any difturbance.

Mr. Sollicitor. May it pleafeyour I.ordfliip,
my Lord Prefident ; I did at the laft court,
in the belialf of the Commons of England,
exhibit and give into this court a charge of
high treafon, and other high crimes againft
the prifoner at the bar ; whereof I do ac-
Gufe him in the name of the people of Eng-
land : and the charge was read unto him,
and his anfwer required. My Lord, He
(vis not then pleafed to give an anfwer, but
inftead of anfwering, did there difpute the
authority of this High Court. My humble
motion to this High Court in behalf of the
kingdom of England, is. That the prifoner
may be direded to make a pofitive anfwer,
either by way of confefTion or negation -,
which if he fhall refufe to do, that the mat-
ter of the charge may be taken fro confejfo,
and the court may proceed according to
juirice.

. Ld. Prefident. Sir, You may remember
at the laft court you were told the occafion
of your being brought hither, and you heard
a charge read againft you, containing a
charge of high treafon and otiier high crimes
aga:nft this realm of England : you heard
likewjle, tiiac it. was prayed in the behalf of
the people, that you fliould give an anfwer
to that charge, that thereupon fuch pro-
ceedings might be had, as ftiould be agree-
able to juftice. You were then pleafed to

V,OL..I. No. 5.

N OF T R I A L S. 113

make fome fcruples concerning the autho-
rity of this court, and knew not by whac
authority you were brought hither ; you
did divers times propound your queftions,
and were as often anfwered. That it was
by authority of the Commons of England
aifembled in Parliament, that did think fit
to call you to account for thofe high and
capital rnifdeameanors wherewith you were
then charged. Since that the court hach
taken into confideratMi what you then
faid, they are fully fatisfied with their own.
authority, and they hold it fit you fiiould
ftand fatisfied with it too •, and they do
require it, that you do give a pofuive and
particular aniwer to this charge that is ex-
hibited againft you : they do expeft you
fhould either confels or deny it ; if you
deny, it is offered in the behalf of llie
kingdom to be made good againft you:
their authority they do avow to the whole
world, that the whole kin;a;dom are to reft
fatisfied in, and you are to reft fatisfied
with h. And therefore you are to lofe no
more time, but to give a pofitive anfwer
tiiereunto.

King. When I was here laft, 'tis very
true, I made that queftion ; and truly if ic
were only my own particular cafe, I would
have fatisfied myfelf with the proteftation I
made the laft time I was here as;ainft the
legality ot this court, and that a King
cannot be try'd by any fuperior jurifdiftion
on earth : but it is not my cafe alone, it is
the freedom and the liberty of the people
of England ; and do you pretend what
you will, I ftand more for their liberties.
Eor it po\^er without law may make laws,
may alter the fundamental laws of the
kingdom, . do not know what Jubjecl x.q
is in England, that can be fure ot his life, ,
or any thing that he calls his own ; there-
fore when that I came here, I did expe(5t
particular reafons to know by what law,
what autnority you did proceed againft, m.e
here. And therefore I am a little to deek
G g what

114

A COLLECTION of TRIALS.

•what to fay to you in this particular, be-
caufe the affirmative is to be proved, the
negative ot'ten is very hard to do : but
fince I cannot perfuade you to do it, I
Ihall tell you iny realbns as (hort as I
can.

My reafons why in confcience and the
duty I owe to God firft, and my people
next, for the prefervation of their lives,
liberties, and eftates, I conceive I cannot
anlwer th'.s, till I be fatisfied of the le-
gality of it.

All proceedings againft any man what-

foever

Lord Prefident. Sir, I mud interrupt
you, which I would not do, but that what
you do is not agreeable to the proceedings
of any Court of Juflice -, you are about to
enter into argument, and difpute concern-
ing the authority of this Court, before
whom you appear as a priibner, and are
charged as an high delinquent •, if you
take upon you to difpute the authority of
the Court, we may not do it, nor will any
Court give way unto it, you are to fubmit
unto it, you are to give a punftual and dire<^l
anfwer, whether youwill anfwer yourcharge
or no, and what your anfwer is.

King. Sir, By your favour, I do not
know the forms of law ; I do know law
and reafon, though I am no lawyer pro-
fefled, but I know as much law as any gen-
tleman in England; and therefore (under
favour) I do plead for the liberties of the
people of England more than you do :
And therefore if I fliould impofe a belief
upon any man without reafons given for
it, it were urirealonable •, but I muft tell
you, that that reafon that I have, as thus
informed, I cannot yield unto it.

Lord Prefident. Sir, I mull interrupt
you, you may not be permitted : you fpeak
of law and reafon, it is fit there fhould be
law and re. Ion, and there is both againit
you. Sir, the vote of the Commons of
England aflembled in Parliament, it is the

reafon of the kingdom, and they are thefe
that have given to that law, according to
which you iliould have ruled and reigned.
Sir, you are not to difpute our authority,
you are told it again by the Court. Sir,
it will be taken notice of, that you ftand in
contempt of the court, and your contempt
will be recorded accordingly.

Ki7tg. I do not know how a King can be
a delinquent •, but by any law that ever I
heard of, ail men (delinquents, or what
you will) let me tell you they may put in
demurrers againft any proceeding as legal :
and I do demand that, and demand to be
heard with my reafons ; if you deny that,
you deny reafon.

Ld. Prifident. Sir, you have offer'd fome-
thing to the court ; I fhall fpeak fomething
unto you, the fenfe of the court. Sir, nei-
ther you nor any man are permitted to dif-
pute that point ; you are concluded, you
may not demur to the jurifdiftion of tKe
court ; if you do, I mult let you know,
that they over-rule your demurrer ; they fit
here by the authority of the Commons of
England, and alliyour predecefTors and you
are refponfible to them.

King. I deny that, fliew me one prece-
dent.

Ld. Prefident. Sir, you ought not to in-
terrupt while the court is fpeaking to you.
This point is not to be debated by you,
neither will the court permit you to do it ;
if you offer it by way of demurrer to the
jurifdidtion of the court, they have confi-
dered of their jurifdiftion, they do affirm
their own jurifdiftion.

King. I fay, Sir, by your favour, that
the Commons of England was never a court
of judicature : I would know how they
came to be fo ?

Ld. Prefident. Sir, you are not to be per-
mitted to go on in that fpeech and thefe dif-
courfes.

Then the Clerk of the court read as fol-
io weth :

" Charles

A COLLECTIO

" Charles Stuart, King of England, you\
have been accuiedonthe behalfof the people
of England of high-treafon, aad other high
crimes ; the Court have determined that
you ought to anfwer the fame.

King. I will anfwer the fame, fo foon as I
know by what authority you do this.

Ld. Frejdenl. If this be all that you will
fay, then gentlemen you that brought the
prilbner hither, take charge of him back
again.

King. I do require that I may give in my
realbns why I do not anfwer, and give me
time for that.

Ld. Prefident. Sir, 'tis not for prifoners
to require.

King. Prifoners ! Sir, I am not an ordi-
nary prifoner.

Ld. Prefident. The court hath confidered
of their jurifdiflion, and they have already
affirmed their jurifdiftion ; if you will not
anlwer, we fliall give order to record your
default.

King. You never heard my reafon yet.

Ld. Prefident. Sir, your reafons are not
to be heard againft the higheft Jurifdidlion.

King. Shew me that jurifdiiStion where
reafon is not to be heard ?

Ld. Prefident. Sir, we Ihew it you here,
the Commons of England ; and the next
time you are brought, you will know more
of the pleafure of the court; and, it may be,
their final determination.

King. Shew me where ever the Houfe of
Commons was a court of judicature of that
kind ?

Ld. Prefident. Serjeant, take av/ay the
prifoner.

King. Well, Sir, remember tliat the
King is nor fufFer'd to give in his reafons
for the liberty and freedom ofallhisfub-
jeds.

Ld. Prefident. Sir, you are not to have li-
berty to ufe this language ; how great a
friend you have been to the laws and liber-

N OF T R I A L S. 115

ties of the people, let all England and the
world judge.

King. Sir, under favour it was the liberty,
freedom, and laws of the fubjeft, that ever I
took — defended myfelf with arms ; I never
took up arms againll the people, but for the
laws.

Ld. Prefident. The command of the court
muft be obey'd ; no anfwer will be given to
the charge.

Kifig. Well, Sir !

And fo he was guarded forth to Sir Ro-
bert Cotton's houle.

Then the court adjourned to the painted
chamber on Tuefday at twelve o'clock, and
from thence they intend to adjourn to
Wellminfter-Hall ; at which 'ime all per-
fons concerned are to give their atten^iance.

At the High Court of Juftice fitting in
Weftminfter-Hall, Tuefday January 23.
1648.

O Yes made, filence commanded, the
Court called, leventy tliree perfons prefent.

The Kino; comes in with his guards, looks
with an auftere countenance upon the Court,
and fits down.

The fecond O Yes made, and filence
commanded,

Mr. Cook, Solicitor General. May it
pleafe your Lordfhip, my Lord Prefident ;
this is now the third time, that by the great
grace and favour of this High Court, the
Prifoner hath been brought to the bar be-
fore any iflue joined in tlie caufe. My
Lord, I did at thefirfl: court exhibit a charge
againft him, containing the higheft treafon
that ever was v/rought upon the theatre of
England ; that a King of England, trufted
to keep the law, that had taken an oath fo
to do, that had tribute paid him for that
e\v}, fliould be guilty of a wicked defign to
fubvert and deftroy our laws and introduce
an arbitrary and tyrannical government, in
defiance of the Parliament and their autho-
rity

ii6

A COLLECTION of TRIALS.

rity, let up his Itandard for war againft his
Parliament and people ; and I did humbly
pray, in the behalf of the people of Eng-
land, that he might fpeedily be required to
make an ani'wer to the charge.

Rirt, my Lord, inHead. of making any '
anfwsr, he did then difpiite the authority of j
this High Cour.;. Your Lordfliip was
pleafed to give him a further day, to confi-
der, and to put in his anfwer ; which day
being yelterday, ! did liumbly move, that
be might be required to give a diredl and
pofitive anfwer, either by denying, or con-
fcdion of it •, but, my Lord, he was then
pleafed for to demur to the jurifdiction ot
the court, which the court did then over-
rule, and command him to give a direft
and pofitive anfwer. My Lord, befides this
great delay of juftice, I fliall now humbly
move your Lordfhip for Ipeedy judgment
againll him My Lord, I might prefs your
Lordihip upon the whole, that according
to the known rules of the law of the land,
That if a prifoner fhould ftand as contu-
macious in contempt, and iTiall not put in
an ilTuable plea. Guilty or Not Guilty of
tiie charge given againil him, whereby he
may come to a fair trial •, That as by an
implicit confeffion, it may be taken pro
confeffo, as it hath been done to thofe who
have deferved more favour than the prifoner
at the bar has clone. But befides, my Lord,
1 (hall humbly prefs your Lordfhips upon
the whole fati. The Lloufe of Commons,
the fupreme authority anci jurifdiftion of
the kingdom, they have declared. That it
is notorious, that the matter of the charge
is true, as it is in truth, my Lord, as clear
as chryftal, and as the fun that lliines at
noon-day ; which if your Lordfliip and the
court benotiatisfiedin, I havenotwithltand
ing, on thepeopleof England's behalf,feveral
witnefles to produce. And therefore I do
humbly pray, and yet 1 mull: confefs it is
not fo much I, as the innocent blood that
'hath been fhed, the cry whereof is very

great for juftice and judgment ; and there-
fore I do humbly pray, that fpcedy judg-
ment be pronounced againll the prifoner at
the bar.

Ld- PrefuienL Sir, You have heard what
is moved by the couniel on the behalf of the
kingdom againft you. Sir, you may well re-
member, and if you do not, the court can-
not forget what dilatory dealings the court
hath found at your hands. You Vi'ere pleafed
to propound fome queftions, you have had
your relolution upon them. You were
told over and over again, that the court did
affirm their own jurifdiflion ; that it was
not for you, nor any other man, to difpute
the jurifdidlion of the fupreme and higheft
authority of England, from which there is
no appeal, and touching which there muit
be no difpute : Yet you did perfilt in fuch
carriage, as you gave no manner of obedi-
ence, nor did you acknowledge any autho-
rity in them, nor the High Court that con-
ftituted this Court of Juftice.

Sir, I muft let you know from the court,
that they are very fenfible of thefe delays of
yours, and that tliey ought not, being thus
authorized by the fupreme Court of Eng-
land, to be thus trifled withal ; and that
they might in juftice, if they pleafed, and
according to the rules of juftice, take ad-
vantage of thefe delays, and proceed to pro-
nounce judgment againft you •, yet never-
thelefs they are pleafed to give diredlicn,
and on their behalfs I do require you, that
you make a pofitive anfwer unto this charge
that is againft you. Sir, in plain terms, for
juftice knows no refpeft of perfons ; you
are to give your pofitive and final anfwer
in plain Englilh, whether you be guilty or
not guilty of thefe treafons laid to your
charge.

The King, after a little paufe, faid,
King. When I was here yefterday, I did
defire to fpeak for the liberties of the peo-
ple of England ; I was interrupted ; I de-
lire

A COLLECTIO
fire to know yet whether I may fpcak freely
or not ?

Ld. Frefhient. Sir, you have had the
refolution of the court upon the like quef--
tion the lall day, and you were told, that
having fuch a c -large oi fo high a n-ature
sgaiiiil you, and your work was, that you
ought to acknowledge the jurifcliftian of
the court, and to anfvvcr to your charge.
Sir, if you anfwcr to your charge, which
the court gives you leave now to do, rho'
they might have taken the advantage of your
contempt ; yet if you be able to iinrvver to
your charge, when you have once anfwcred,
you fhall be heard-ar large, make the'bcfc
defence you can. But, bir, I muft let you
know from the court, as their command's,
that you are not to !)e permitted to ifTu.* out
into any other difcourfes,' till luch time as
you have given a pofitive anfwer concern-
ing the matter that is charged upon you.

King. For the charge 1 value it not a
rufh, it is the liberty of the peO| le of Eng-
land that I Hand for. For me to acknov/-
ledge a new court that I never heard of be-
fore, I that am your King, that fliould be
an example to ail the people of England for
to uphold juftice, to maintain the old laws-,
indeed I do not know how to do it. You
fpoke very well the firll day that I came
here, (on Saturday) of the obligations that
I had laid upon me by God, to the maintain-
ance of the liberties of my people ; the
famiC obligation you fpake of, I do acknow-
ledge to God that I owe to him, and to my
people, to defend as much ns in me lies the
antientlawsof the kingdom: Therefore until
that I may know that this is not againft the
fundamental laws of the kingdom, by your
favour I can put in no particular charge.
If you will give me time, I will fhew you
my reafons why I cannot do it, and tliis —
Here being interrupted, he laid,

By your favour, you ought not to inter-
rupt me : how I came here I know not,
there's no law for it to make your King

Vol. 1. No. 6.

N OF T R I A L S. 117

your prifoner, I was in a trenty upon the
public faith of the kingdom, that was the

known two Houlcs ot Parliament that

v/as the reprcfentaiive of the kingdom ;
and when that I had almofl; made an end
of the treaty, then I was hurried away, and
brought huher : and therefore

Here the Lord Prefidtnt faid, Sir, you
mud: know the pleafure of the court.

Kin/. By your favour, S;r.

Lord Preftdeiit. Nr.y, Sir, by your fa-
vour, you may ROt be permitted to fall
into thofe dilcourf^s ; you appear as a de-
linquent, you have not acknowledged the
authority of the court, the court craves it
not of you : but once more they command

you to give your pofitive anlwer- Clerk,

do your duty.

King. Duty, Sir!
The Clerk reads.

Charles Stuart, King of England, you
are accufed in the behalf of the Commons
of Fngland of divers high crimes and
treafon% which charge hath been read unto
you ; the court now requires you to give
your pofitive and final anfwer, by way of
confefTion or denial of the charge.

King. Sir, I ii.'^ again to you, fo t'lat I
might give fatisfadtion to the people of
England of the clearn fs of my proceeding-,
not by way of anfwer, not in this v.'ay, but
to fatisfy them that 1 have done nothing
againft that tru'l, that hath been coip-
mitted to me, 1 would do it ; but to ac-'
knowledge a new* eouit, agaPnfl their pri-
vilec?s, t« alteV" the- fundamental laws of
t: e kingdom. Sir you muft excule me.

Lord Frejidcni. Sir, this is the third time
that you have'{iiibllily difdvC'ned this court
and put an affront upon it; how far you
have preferved th^ piwileges of the people,
your r.dlions have fpoke it ; but truly, Sir,
inens intentions ought to be krown by their
adtions you have written your meaning in
bloody. chara(5lrrs throL'ghout the whole
kingdom. L'u?i Sir, you underitand the
Jrl h pleafure

I.lJ

A COLLECTION of TRIALS.

p'eafure of the court. Clerk, record

tjie default. And, gentlemen^ you that

took charge of the prilbner^ take him back

ag.un.

King. I will only fay this one word more
to you ; if it were only my own particular,
I would not fay any more, nor interrupt
y.ou.

Lo7'd Prefuknt. Sir, you have heard the
pleafure of the court, and you are (not-
withftanding you will not underlland it) to
find that you are before a court of Jullice.

Then the King went forth with his
guard, and proclamation was made. That
all perfons which had then appeared, and
had further to do with the court, might
depart mto the Painted-chamber ; to which
place the court did forth adjourn, and in-
tended to meet in Wcftminftcr-Hall by ten
of the clock next morning.

Cryer. God blefs the kingdom of Eng-
land.

Wednefday, January 24th 1648.

This day it was expeded the High-Court
■of Juftice would have met in Weftminfter
Hall, about ten of the clock ; but at the
time appointed, one of the Ufhers, by di-
rection of the court (then fitting in the
Painted-chamber) gave notice to the peo-
ple there aflembled, that in regard the
court was then upon the examination of
witnefies, in relation to prefent afFair', in
the Painted -chamber, they could not fit
there ; but all perfons appointed to be there
were to appear upon further fummons.

The Proceedings of the High Court of
Juflice, fitting in Weftminfter Hail, on
Saturday the 27th of January 1648.

O Yes made ; filence commanded ; the
court called ; Serj ;ant Bradfhaw Lord Pre-
fidcnt (in a fcarler robe) with fixty-ei«jht
Other members of the court.

As the King comes in, a cry made in the
hall for Execution ! Juflice ! Execution 1

King. I fliall defire a word to be heard a
little, and I hope I fliall give no occafion
of interruption.

Ld. Prefident. You may anfwer in your
time, hear the court firfl.

Ki>ig If it pleafe you. Sir, I defire to
be heard, and 1 fhall not give any occafion
of interruption, and it is only in a word :
a fudden judgment———

Ld. Vrefi.ttrit. Sir, you fliall be heard in
due time, but you are to hear the court
firfl.

King. Sir, I defire, it will be in order to
what I believe the court will fay -, and there-
fore, Sir, an hafty judgment is not fo foon
recalled.

Ld. Prefident. Sir, you fhall be heard be-
fore the judgment be given-, and in the
mean time you may forbear.

King, Well, Sir, fhall I be heard before
the judgment be given ?

Ld. Prefident. Gentlemen, it is well
known to all, or moft of you here prefent,
that the prifoner at the bar hath been
feveral times convented and brought betore
the court to m.ake anfwer to a charge of
treafon, and other high crioies exhibited
againft him in the name of the people of
*England ; to which ci.arge being required
to anfwer, he hath been fo far from obeying
the commands of the court, by fubmitting
to their juftice, as he began to take upon
him to offer reafoning and debate unto the
authority cf the court, and of the highell
court that conftituted them to try and judge
him : but being over-ruled in that, and re-
quired to make his anfwer, he was ftill
pleafed to continue contumacious, and to
refufe to fubmit or anfwer. Hereupon the
court, that they may not be v/anting to

themfclves

* Here a malignant l.idy (faid to be Lady Fairfax)
interrupted the court, faying, " Not half the people"
but Ihe was foon filenced.

A COLLECTION of TRIALS.

110

themfelves, to the trufl: repofed in them,
nor that any man's wilfiilntfs prevent juf-
tice, they have thought fit to take the mat-
ter into their confideration ; they have con-
fidered of the charge, they have confidered
of the contumacy, and of that confefiion,
which in law doth arife upon that contu-
macy : they have likevvife confidered of the
notoriety of the fadl charged upon this pri-
foner, and upon the whole matter they are
refolved, and have agreed upon a fentence
to be now pronounced againft this prifoner:
but in refpedt he doth defire to be heard,
before the fentence be read and pronounced,
the court hath refolved that they will hear
him. Yet, Sir, thus much I muft tell you
before-hand, which you have been minded
of at other courts, that if that you have to
fay, be to offer any debate concerning jurif-
didlion, you arc not to be heard in it ; you
have ofi'ered it formerly, and you have in-
deed ftruck at the root, that is, the power
and fupreme authority of the Commons
of England, which this court will not ad-
mit a debate of; and which indeed is an
irrational thing in them to do, being a
court that ads upon authority derived from
them, that they fliould prelume to judge
upon their fuperior, from whom there is
no appeal. Hut, Sir, if you have any
thing to fiy in defence of yourfeh con-
cerning the matter charged, the court hath
given me in command to let you know they
will hear you.

King. Since that I fee that you will not
hear any thing of debate concerning that
which 1 confefs I thought mofl material for
the peace of the kingdom, and for the
liberty of the fubjedl, I (hall wave it-, I
fhall fpeak nothing to it, but only I mufl:
tell you, that this many a-day all things
have been taken away from me, but that
that I call more dear to me than my life,
which is my confcience and my honour ;
and if I had refpedt to my life more than
the peace of the kingdom, the liberty of

the fubjecft, certainly I fhould have made
a particular defence for myfelf ; for by that
at leailwife I might have delayed an ugly
fentence, which I believe will pals upon
me. Therefore certainly. Sir, as a man
that hath fome underitanding, fome know-
ledge of the world, if that my true zeal ta
my country had not overborne the care
that I have of my own prefervation, I
fhould have gone another way to work
than that I have done. Nov/, Sir, I con-
ceive, that an hafty fentence once pafTed,
may fooner be repented than recalled ; and
truly, the felf-fame defire that I have for
the peace of the kingdom, and the liberty
of the iiibjeft, more than my own par-
ticular, does make me now at lad defire,
that having fomething to fay that concerns
both, I defire before fentence be given,
that I may be heard in the Painted cham-
ber before the Lords and Commons. This
delay cannot be prejudicial to you, what-
foever I fay ; if that I fay no reafon, thofe
that hear me muft be judges ; I cannot be
judge of that that I have : if it be reafon,
and really for the welfare of the kingdom,
and the liberty of the fubjefV, I am fure
on't, very well 'tis worth the hearing ;
therefore I do conjure j'ou, as you love that
that you pretend, I hope it's real, the
liberty of the fubje6l, the peace of the
kingdom, that you will grant me the hear-
ing before any fentence be paft. I only
defire this, that yon will take this into
your confideration, it may be you have not
heard of it before-hand ; if you will, I'll
retire, and you may think of it : but if I
cannot get this liberty, I do here proteil,
that fo fair fhews of liberty and peace, are
pure fhews, and not otherwiie, than that
you will not hear your King.

LordPrefident. Sir, you have now fpokcn.

King. Yes, Sir.

Lord Pr:fident. And this that you have
faid is a further declining of the jurifdiftion

A COLLECTION of TRIALS.

120

of this court, which was the thing where-
in you were limited before.

King. Pray excufe me. Sir, foi my in-
terruption, becau'.e you mifl;ake me ; it is
not 3 declining of ir, you do judge me
before you hear me ipeak : I fay it will
not, 1 do not decline it, though I cannot
acknowledge the jurifdisftion of the court;
yer, Sir, in this give me leave to fay, I
would do it, though I did not acknowleg-
it in this, 1 do proteft-it is not the declining
of it, fince 1 fay, if that I do fay any thing,
but that that is for the peace of the king-
dom, and the liberty of the fub'ieft, then
the fhame is mine. Now I defire that you
will take this into your conllderation •, if
you will, I'll withdraw.

. Ld. Prefident. Sir, this is not altogether
nev/ that you have moved unto us, nor al-
tocether new to us, thouo;h the tiril time
m perfon you have offered it to the court.
Sir, you fay you do not decline the jurif-
didion of the court,

Khig. Not in this that I have faid.

. Ld. Prefident lunderftand you well. Sir,

but neverthelefs thatwhich you have offered,

feems to be contrary to that faying of yours ;

for the court are ready to give a fentcnce :

Ic is not as you fay. That they will not

hear your King; for they^have been ready

to hear you, they have patiently waited

your pleafure for three courts together, to

hear what you would lay to the people's

charge againft you, to which you have not

vouchfafed to give any anfvver at all. Sir,

this tends to a further delay ; truly. Sir,

fuch delays as thefcj neither may the king

dom, nor juftice well bear ; you have li ad

three feveral days to have offered in^this

kind what you would have pleafed. This

court is founded upon that authority of the

Commons of England, in whom refts the

fuprcmejurifdidtion •, thatwhich you now

tender, is to have another jurildidtion, and

a CO ordinate jurifdiftion. I know very

well you exprefs yourfdf, Sir, thatnotwith-

ftanding that you would offer to tl-e Lords
and Commons in the Painted-chamber, yet
neverthelefs you would proceed on here, I
did hear you fay fo. But, Sir, that you would
offer there, whatever it is, it mufl needs be in
delay of the jullice here -, fo as if this court
be refolved, and prepared for the fentence,
this that you offer they are not bound in
juftice to grant: But, Sir, according tq
that you feem to defire, and becaufe you
fnall know the further pleafure cf the court
upon that which you have moved, the court
will withdraw for a time.
King. Shall I withdraw ?
Ld. Prefident. Sir, you lliall know the
pleafure of the court prefently. The court
withdraws for half an hour into the court
of wards.

Serjeant at Arms. The court gives com-
mand, that the prifoner be withdrawn ; and
they give order for his return again.

The court withdraws for half an hour,
and returns.

Ld. Prefident. Serjeant at Arms fend for
your prifoner.

Sir, you were pleafed to make a motion
here to the court to offer a defire of yours,
touching the propounding of fomewhat to
the Lords in the Painted-chamber, for the
peace of the kingdom : Sir, you did in cf-
fe6b receive an anlwer before the court
adjourned ; truly. Sir, their withdrawing
and adjournment was fro forma tantum : for
it did not feem to them tha: tliere was any
difliculty in the thing ; they have confi-
dered of what you have moved, and have
confidered of their own authority, which is
founded, as hath been often laid, upon the
fupreme authority of the Commons of
England affembled in Parliament; tiie court
aits according to their Commiffion. Sir,
the return I have to you from the court, is
this : That they have been too much de-
layed by you already, and this that you now
offer, hath occafion^d fonie little further
delay; and they are judges appointed by

the

T R 1 A. L S.

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tr„, T No. 0.

A COLLECTION

England, that the law is your fuperior ; that
you ought to have ruled according to the
law •, you ought to have done ib. Sir, I
know very well your pretence hath been
that you have done lb ; but, Sir, the dif-
ference hath been who fhail be the expofi-
tors of this law : Sir, whether you and your
party, out of courts of juftice, fliall take
upon them to expound the law, or the
courts ofjuflice, who are the expounders ?
nay, the Sovereign, and the High Court of
Juftice, the Parliament of England, that are
not only the higheft: expounders, but the
fole makers of the law ? Sir, for you to fet
youilclt with your fingle judgment, and
thofe that adhere unto you, to fet yourfelf
againd the higheft Court of Juftice, that is
not law. Sir, as the law is your fuperior,
fo truly. Sir, jhere is fomething that is fu-
perior to the law, and that is indeed the
parent and author of the law, and that is
the people of England : For, Sir, as they
aie thofe that at thefirft ( as other countries
have done) did chufe to themfelves this form
of government, even for jullicc fal^e, that
juftice might be adminiftered, that peace
might be preferved •, U\ Sir, they gave
laws to their governor,':, according to which
they ftiould govern •, and if thofe laws ftiould
have proved inconvenient or prejudicial to
the public, they had a power in them, and
referved to themfelves, to alter as they fliall
fee caufe. Sir, it is very true, what fome
of your fide have faid, Rex non habet partrn
in regno, fu they : This court will fay the
fame, while King, that you have not 'your
peer in fome ienie, for you are major finguUs,
but they will av; r again that you are miner
tmiverjis. And the fame author tells you,
that ;n exhibitions juris, there you have no
power i but in

qtiaft minimus. This we know to be law,
Hex habet fuperior em, Deum i^ legem, etiam
Of curiam -, and fo fays the fame author.
And truly. Sir, he makes bold to go a little
further, Dei/ent ei fonere fr^nim, 1 hey

OF TRIALS.

ought to bridle him. And, Sir, we know
very well the ftories of old : Thofe wars
that were call'd the Darons War, when the
nobility of the land did ftand out for the
liberty and property of the fubjrdl, and
vould not fuftcr the Kings that did invade
to play the tyrants freer, but called them
to account for it , we know that truth, that
they did /rrf-^z/Mi poncre. Bur, Sir, if they
do forbear to do their duty now, and are
not fo mindful of their own honour, and
the kingdom's good, as the barons of Eng-
land of old were, certainly the Commons of
England will not be unmindful of what is.
for their prefervation, and for their fafety;.
Jt'.ftitiie fruendi catifa Regts conjtiluti futit.
This we learn ; T\\o end of having Kings
or any other governors, it's for the enjoying
of juftice, that's the end. Now, ^ir, if lo
be the King will go contrary to that end, or
any other governor will go contrary to the
end of his government ; Sir, he muft un-
derftand that he is but an officer in truft,,
and he ought to difcharge that truft ; and
they are to take order for the animadverfioa
and puniihmcnt of fuch an offending gover-
nor.

This is not law -of yefterday, Sir, (fince
the time of the divifion betwixt you and
your people) but it is law of old. And
we know very well the authors and autho-
rities that do tell us, what the law was in
that point upon the eleflion of Kings, upon
the oath that thy took unto their people :
And if they did not obferve it, there were
thofe things called Parliaments, the Parlia-
ments were they that were to adjudge (the
very words of the author) the plaints and
wrongs done of the King and the Queen,
or their children ; fuch wrongs efpecially,
when the people could have no where elle
any remedy. Sir, that hath been the people
of England's cafe ; they could not have
their remedy ellewhcre but in Parliaments.
Sir, Parliaments were ordained for that
purpofe, to rcdrcls the grievances of the

people

A COLLECTION of TRIALS.

123

jieople ; that was their main end. And
truly, Sir, if ib be that the Kings of Eng-
land had been rightly mindful of them-
fclves, they were never more in majefty and
Hare than in the Parliament: but how for-
getful fome have been, ftories have told
us ; we have a mifcrable, a lamentable, a
fad experience of it. Si:% by the old laws
of England, I fpeak thefe things the rather
to you, becaufj you were pleafcd to let fall
the other day, you thought you had as
much knowledge in the law as moll gen-
tlemen in England. It is very well, Sir.
And truly, Sir, it is very fit for the gen-
tlemen of England to underftand that law
under which they muft live, and by which
they mud be governed. And then. Sir,
the Scripture fays, " They that know their
mafter's will, and do it not : what follows ?
The law is your mafter, the adts of Parlia-
ment.

The Parliaments were to be kept an-
tiently, we find in our old author, twice in
the year, that the fubjedl upon any oc-
cafion might have a ready remedy and
redrefs for his grievance. Afterwards, by
feveral a6ls ot Parliament in the days of
your predeceflbr, Edward the Third, they
fhould have been once a year. Sir, what
the intermilTion of Parliaments hath been
in your ti.me, it is very well known, and
the fad confequences of it ; and what in
the interim, inttead of thefe Parliaments,
hath been by you by an high and arbitrary
hand introduced upon the people, that
likcwife hath been too well known and
felt. But when God by his providence had
lb far brought it about, that you could no
longer decline the calling of a Parliament,
Sir, yet it will appear what your ends were
asainfl: the antient and your native kin^-
dom of Scotland : The Parliament of Eng-
land not ferving your ends againfl: them,
you were pleafed to diffolve it. Another
great neceflity occafioned the calling of this
Parliament ; and what your defigns, and

plots, and endeavours all along hath been>
tor the crufliing and confounding ot this
Parliament, hath been" very notorious to
the whole kingdom. And truly. Sir, in
that you did ftrike at all ; that had been a
fure way to have brought about that that
this charge lays upon yuu, your intention
to fubvert the fundamental laws of the
land -, for the great bulwark of the liberties
of the peoi)le is the Parliament of F^ngland ;
and to fubvert and root up that, which
your aim hath been to do, certainly at one
blow you had confounded the liberties and
the property of England.

Truly, Sir, it makes me call to mind -, I
cannot forbea'" to cxprefs it ; for. Sir, v«e
muft deal plainly with you, accoruincr to
the merits of your caule, fo is our com-
milTion : It makes me call to mind, (thefe
proceedings of yours) that that we read of a
great Roman Emperor, by the way let us
call him a great Roman tyrant, Caligula,
that wifhed that the people of Rome had
had but one neck, that at one blow he
might cut it off. And your proceedings
hath been fomewhat like to this : for the
body of the people of England hath been
(and where elfe) reprefented but in the
Parliament ; and could you have but con-
founded that, you had at one blow cut off"
the neck of England. But God hath re-
ferved better things for us, and hath
pleafed for to confound your defigns, and
to break your forces, and to bring your
perfon into cuftody, that you might be re-
-fponfible tojullice.

Sir, we know very well that it is a
queflion much on your fide prefled, By
what precedent we fliall proceed ? Truly,
Sir, for precedents, I fiiall not upon thefe
occafions inftitute any long difcourfe; hut
it is no new thing to cite precedents
almoft of all nations, where the people
(when power hath been in their hands)
have made bold to call their Kings to
account; and where the change of govern-
ment

J24

A COLLECTION of TRIALS.

mem hath been upon occafion of the
tyranny and miiaovernment of thofe that
have been placed over them. 1 will not
fpend time to raention either France, or
Spain, or the Empire, or other countries ;
volumes may be written of ic. But truly,
Sir, that of the kingdom of Arragon, I
fliail think fome of us have thought upon
k, where they have the iuliice of Arragon,
that is, a man, tanqtiam in medio pofiiuSy
betwixt the King of Spain and the people
cf tlie country; chat if wrong be doie by
the King, he that is the King of Arragon,
the Julfice, hath power to reform the
wroiig -, and he is acknowledged to be the
King's luperior, and is the grand preferver
of their privileges, and hath profecuted
Kings upon their mifcarriages.
• Sir, what the tribunes of Rome were
heretofore, and what the Ephori were to
the I^acedemonian ftate, we know, that is
the Parliament of England to the Englifh
ilate : And though Rome feemed to lofe its
liberty when once the Emperors were ; yet
you liiall find fome famous adfs of juftice
even done by the fenate of Rome •, that
great tyrant of his time, Nero, condemned
and judged by the fenate. But truly. Sir,
to you I fhould not ne d to mention th^fe
foreign examples and (lories : If you look
but over Tweed, we find erLOUgh in your
native kingdom of Scotland : If we look to
your fird King Fergufius, that your (lories
make mention of, he was an eledive King :
he d:ed, and left two fons, both in their
minority ; the kingdom made choice of
their uncle, his brother, to govern in the
minority. Afterwards, the elder brother
giving fmall hopes to the people that he
would rule or govern well, feeking to lup-
plant that good uncle of his that governed
them judly, they fet the elder afide, and
took to the younger. Sir, if I fhould
come to what your (lories make mention
of ; you know very well you are the
hundred and ninth King of Scotland ; for

not to mention fo many Kings as that king-
dom, according to their power and pri-
vilege, have made bold to deal withal^
fome to baniih, and fome to imprifon, and
fome to put to death, it would be too-
long ; and, as one of your own authors
fays, it would be too long to recite the
manifold examples that your own Itories
make mention of. Rtges, &c. (fay they)
we do create ; we created Kings at firft:.
Leges, &c. v.-e impol'ed laws upon them.
And as they are chofen by the fuffrages of
the people at the fir(l-, io upon jull oc-
cafion, by the fame fuffrages they may be
taken doA'n again. And we will be bold
to fay, that no kingdom hatii yielded more
plentiful experience than that your native
kingdom of Scotland hath done, concern-
ing the depofition and the punilliment of
their offending and rranfgreffing Kings, &c.

It is not far to go for an example near
you : your grandmother fet afide, and your
father, an infant, crowned. And the ftate
did it here in England : here hath not beei>
a want of fome examples. They have
made bold (the Parliament and the people
of England) to call their Kings to account :
There are frequent examples of it in the
Saxons time, the time before the conquell.
Since the conquefl: there want not fome
precedents neither ; King Edward the Se-
cond, King Richard the Second, were
dealt with lo by the Parliament, as they
were depofed and deprived. And truly^
Sir, whoever fliall look into their flories,
they fhall not find the articles that are
charged upon them, to come near to that
height and capitalnefs of crimes that are
laid to your charge ; nothing near.

Sir, you were pleafed to fay the other
day wherein they dilTent •, and I did not
contradicfl it. But take all together, Sir;,
If you were as the charge fpeaks, and no-
otherwife, admitted King of England : but
for that you were pleaied then to alledge,^
how that almoft for a thouiand years thcfe

things.

A COLLECT 10

things have been, ftories will tell yon, if
you go no higher than the time of the
conqueft -, if you do eome down fince the
conqueft, you are the twenty-fourth King
from William called the Conqueror, you
fhall find one half of them to come merely
from the Itate, and not merely upon the
point of defcent. It were eafy to be in-
kanced to you ; but the time mufl: not be
loft that way. And truly, Sir, what a
grave and learned Judge faid in his time,
and well known to you, arvd is fmce printed
for pofterity, That although there was fuch
a thing as a defcent many tunes, yet the
Kings of England ever held the greatcft
aflurance of their titles, when it was de-
clared by Parliament. And, Sir, your
oath, the manner of your coronation, doth
{hew plainly, that the Kings of England,
although it's true, by the law the next
perfon in blood is defigned, yet if there
were juft caufe to refute him, the people
of Kng-bnd might do it. For there is a
contract and a bargain made between the
King and his people, and your oath is
taken: And certainly. Sir, the bond is re-
ciprocal ; for as you are the liege Lord, fo
rjiey are liege fubjeds. And we know very
well that hath been fo much fpoken of,
Li^eaniia eji duplex. This we know now.
The one tie, the one bond, is the bond of
protection that is due from the ibvereign ;
the other is the bond of fubjcdion that is
due from the fubject. Sir, if this bond be
once broken, farewel fovereignty ; Sub-
jitlio trahit., ^c.

Thefe things may not be denied. Sir :
I fpeak it ratiier, and I pray God that it
may work upon you heart, that you may-
be fenfible of your miicarriages. For
whether you have been, as by your office
you ought to be, a protestor of England,
or the deftroyer of England, let all Eng-
land judge, or all the world, that hath
looked upon it. Sir, though you have it
hy inheritance in the way that is fpoken of,

Vol, I. No. 6.

N OF t R I A L S, 125

yet it mtift not be denied that your office
was an office of trufl', and indeed an office
of the higheft truft, lodged in any fingle
perfon : For as you were the grand admi-
niftrator of juftice, and others were, as
your delegates, to fee it done throughout
your realms ; if your greateft office were to
do juftice, and preferve your people from
wrong, and inftead of doing that, you will
be the great wrong-doer yourfelf; if in-
ftead of being a confervator of the peao?,
you will be the grand difturber of the
peace, furely this is contrary to your
office, contrary to your truft. Now, Sir,
if it be an office of inheritance, as you
fpeak of, your title by defcent, let all men-
know that great offices arefeizable and for-
feitable, as if you had it but for a year,
and for your life. Therefore, Sir, it will
concern you to take into your ferious con-
fideration your great mifcarriages in this
kind.

Truly, Sir, I fhall not particularize the
many mifcarriages of your reign whatfo-
cver, they are famoufly known : it had
been happy for the kingdom, and happy
for you too, if it had not been fo much
known, and fo much felt, as the ffory of
your mifcarriages muft needs be, and hath
been already.

Sir, that that we are now upon, by the
command of the higheft court, hath been
and is to try and judge you for thefe great
offences of yours. Sir, the charge hath
called you a tyrant, a traitor, a murderer,
and a public enemy to the commonwealth
of England. Sir, it had been v/ell if that'
any of all thefe terms might rightly and
juftly have been fpared, if .iny one of them
at all.

Kmg. Ha !

Ld. Prejident. Truly, Sir, ^^''e have
been told, Refl eJi dum berie regit, Tyrtinnus
qui populum cpprinnt : and if fo be that be
the definition of a tyrant, then lee how you
come ihort of it in your aclions; whether'
K k tlie

A C O 1. 1. -E C T I O N

.£20

the hi»hefl: t-y'ran:, by that way of arbitrary
government, and that you have fought for
to introduce, and that you have fought to
put, vou were putting upon the people ?
Whether that was not as high an aft of
tyranny as any of your predecellbrs were
guilty of, nay, many degrees, beyond it?

Sir, the term Traitor cannot be fpared.
We fiiall eafily agree it muft cienote and
fuppofe a breach of truft-, and it mud
.fuppofc it to be done by a fuperior. And
tlierefore.. Sir, as the people of Kngland
iijight have incurred that relpefting you, it
,:hey had been truly guilty of it, as to the
definition of law ; fo on the other fide,
"A'hen you did break your truft to the king-
.dom, you did break your truft to your
superior : for the kingdom is that for
-yvhich you were trufted. And therefore,
Sir, for this breach of truft, when you are
• called to account, you are called to ac-
count by your fuperiors. Minimus cd ma-
jorem in judicium voeat. And, Sir, the peo-
ple of England cannot be fo far wanting to
.themfelves, which God having dealt fo mi-
raculoufly and glorioufty for-, they having
power in their hands, and their great ene-
my, they muft proceed to do juftice to
themfelves and to you : for, Sir, the court
could heartily defire that you would lay
your hand upon your heart, and confider
what vou have done amifs, that you would
xndeavour to make your peace with God.
Truly, Sir, thefeare your high crimes. Ty-
ranny and Treafon.

There is a third thing too, if thofe had
-not been, and that is Murder, which is laid
to you charge. All the bloody murders
that have been committed fmce this time
that the divifion was betwixt you and your
.people, muft be laid to your charge, that
have been a>ited or committed in thefe late
w.irs. Sir, it is an heinous and crying fin:
and truly, Sir, if any man will afk us what
punilluiient is due to a murderer, let God's
.law, let man's law fpeak. Sir, I will pre-

TRIALS.

fume that you are fo well read in fcriptui**,
as to know what God himfelf hath faid con-
cerning the fliedding of man's blood : 6>».'
9. Numb. 35. will tell you what the j)uni!h-
ment is : and which this court, in behalf
of the whole kingdom, are fenfible of, of
that innocent blood that has been fhed,
whereby the land ftands ftill defiled v/ith
that blood •, and, as the text hath it, itcau
no way be cleanfed but with the flieddingof
the blood of him that ftied this blood.
Sir, we know no difpenfation from this
blood in that commandment, " Thou
fhall do no murder :" we do not know
but that it extends to Kings as well as to the
meaneft peafants, the meaneft of the peo-
ple ; the command is univerfal. Sir, God's
law forbids it ; man's law forbids it : nor
do we know that there is any manner of
exception, not even in man's laws for the
punifliment of murder in you. Tis true,
that in the cafe of Kfngs every private
hand was not to put forth itfelf to this
work, for their reformation and punifli-
ment : but. Sir, the people reprefented
having power in their hands, had there
been but one wilful aft of murder by you
•committed, had power to have convented
you, and to have puniftied you for it.

But then, Sir, the weight that lies upon
you in all thofe refpefts that have been
Ipoken, by reafon of your tyranny, trea-
fon, breach of truft, and the murders that
have been committed : furely. Sir, it muft
drive you into a fad confideration concern-
ing your eternal condition. As I faid at
firft, I know it cannot bepleafing to you to
hear any fuch things as thefe are mentioned
unto you from this court, for fo we do call
ourfelves, and juftify ourfelves to be a
court, and a high court ofjuftice, authorized
by the higheft and folemneft court of the
kingdom, as we have often faid : and altho'
you do yet endeavour what you may to dif-
court us, yet we do take knowledge of our-
felves to be fuch a court as can adminifter

juftice

A COLLECTION of TRIALS.

127

juftice CO you ; and we are bound, Sir, in
duty to do it. Sir, all I fhall fay before
the reading of your fentence, it is but this;
The court does heartily defirc that you will
ferioufly think of thofe evils that you ftand
guilty of. Sir, you laid well to us the other
day, you wiOied us to have God before
our eyes. Truly, Sir, I hope all ot us
have io : that God that we know is a King
of Kings, and Lord of Lords ; that God
with whom there is no refpecl of perfons •,
that God that is the avenger of innocent
blood : we have that God before us : that
God that does beftow a curfe upon them
that with-hold their Linds from fhedding
of blood which is in the cafe of guilty
malefaftors, and that do defervc death :
that God we have before our eyes. And
were it not that the confcience of our duty
hath called us unto this place, and this
employment, Sir, you Hiould have had no
appearance of a court here. But, Sir, we i
mull prefer the difcharge of our duty unto j
God, and unto the kingdom, before any
other relpeft whatfoever. And although
at this time many of us, if not all of us,
are feverely threatened by fome of your
party, what they intend to do. Sir, we do
here declare, That we fhall not decline or
forbear the doing of our duty in the ad-
miniftration of juftice, even to you, ac-
cording to the merit of your offence, al-
though God fhould permit thofe men to
effcift all that bloody defign in hand againft
lis. Sir, we will fay, and we will declare
it, as thofe children in the fiery furnace,
that would not worfliip the golden image
that Nebuchadnezzar had fet up, *' That
their God was able to deliver them from
that danger that they were near unto :"
But yet if he would not do it, yet notwith-
ftanding that they would not fall down and
worfhip the image. We Ihall thus apply
It ; that though we Ihould not be delivered
from thofe bloody hands and hearts that
confpire the overthrow of the kingdom in

general, of us in particular, for afting in
tliis great work of juftice, though wc
fhould perifh in the work, yet by God's
grace, and by God's ftrength, we will go
on with it. And this is all our refolutions.
Sir, I fay for yourfelf, we do heartily with
and defire that God would be pleafed to
give you a fenfe of your fuis, that you
would fee wherein you have done amifs,
that you may cry unto him, that God
would deliver you from blood-guikinefs.
A good King was once guilty of that
particular thing, and was clear otherwife,
faving in the matter of Uriah. Truly,
Sir, the ftory tells us that he was a repentant
King ; and it fignifies enough that he had
died for it, but that God was pleafed to
accept of him, and to give him liis par-
don, " Thou ftialt not die, but the child
fliall die : Thou haft: given caufe to the
enemies of God to blafpheme."

KiTig. I would defire only one word be-
fore you give fentence ; and that is, 1 hat
you would hear me concerning thofe great
imputations that you have laid to my
charge.

Ld. Preftdent. Sir, You mufl: give me
now leave to go on ; for I am not far from
your fentence, and your time is now
pafl:.

King. But I (hall defire you will hear me
a few words to you ; for truly whatever
fentence you will put upon me in refpecl of
thofe heavy imputations, that 1 fee by your
fpeech you have put upon me ; Sir, it is
very true, that

Ld. Preftdent. Sir, I muft put you in mind :
Truly, Sir, I would not willingly, at this
lime efpecially, interrupt you in any thing
you have to fay, that is proper for us to
admit of -, but, Sir, you have not owned
us as a court, and you look upon us as a
fort of people met together -, and we know
what language we receive from your party.

King. I know nothing of that.

U. Ptefidcrit,

128 A COLLECT!

Ld. Prefidcnt. You difavow us as a court ;
and therefore for you to addrefs yourfelf to
us, not acknowledging us as a court to
judge of what you fay, it is not to be per-
mitted. And the truth is, all along, from
the firft time you were pleafed to difavow
and difown us, the court needed not to have
heard you one word ; for unlefs they be ac-
knowledged a court, and engaged, it is
not proper for you to fpeak. Sir, we have
given you too much liberty already, and ad-
mitted of too much delay, and we may not
admit of any farther. Were it proper for
us to do, we fliould hear you freely, and we
fhould not have declined to hear you at
large, what you could have faid or proved
on your behalf, whether for totally excufing,
or for in part excufing thofe great and hei-
nous charges that in whole or in part are
laid upon you. But, Sir, 1 fhall trouble you
no longer, your fins are of lb large a di-
menfion, that if you do but feriouHy think
of them, they will drive you to a fad confi-
deration of it, and they may improve in
you a fad and ferious repentance : And that
the court doth heartily wifh that you may
be fo penitent for what you have done
amifs, that God may have mercy, at leaft
wife, upon your better part •, truly, Sir, for
the other, it is our parts and duties to do that
that the law prefcribes. We arc not here
jus dare, huijus dicere. We cannot be un-
mindful of what the fcripture tells us, " For
to acquit the guilty is of equal abomination,
as to condemn the innocent :" We may not
acquit the guilty. What fentence the law
affirms to a traitor, tyrant, a murderer, and
a public enemy to the country, that fentence
you are now to hear read unto you ; and
that is the fentence of the court.

The Lord Prefident commands the fen-
tence to be read ; make an O yes, and
command filence while the fentence is read.

O yes made : Silence commanded.

The clerk read the fentence, which was
drawn up in parchment.

ON OF TRIALS.

*' Whereas the Commons of England in
Parliament had appointed them an High
Court of Juftice, for the trying of Charles
Stuart, King of England, before whom he
had been three times convented ; and at
the firft time a charge of high treafon, and
other crimes and mifdemeanors, was read in
the behalf of the people of England," &c.

Here the clerk read the charge.

Which charge being read unto him, as
aforefaid, he the faid Charles Stuart was re-
quired to give his anfwer, but he refufed fo
to do -, and fo exprefs'd the feveral palTages
at his trial in refufing to anfwer,

" For all which treafcns anJ crimes this
court doth adjudge. That the faid Charles
Stuart, as a tyrant, traitor, murderer, and a
public enemy, fhall be put to death, by the
fevering his head from his body.

After the fentence read, the Lord Prefi-
dent faid.

This fentence now read and publiflied, it
is the adl, fente.nce, judgment and rtfolution
of the whole court.

Here the court ftood up, as aflenting to
what the Prefident faid.

King. Will you hear me a word. Sir }

Ld, Preftdent. Sir, you are not to be
heard after the fentence.

King. No, Sir ?

Ld. Prefident. No, Sir ; by your favour.
Sir, Guard, withdraw yourprifoner.

King. I may fpeak after the fentence

By your favour, Sir, I may fpeak after
the fentence ever.

By your favour, (Hold!) the fentence.
Sir

I fay, Sir, I do— —

I am not fuffered for to fpeak : Expeift
v^hatjuftice other people will have.

O yes: All manner of perfons that have

any thing elfe to do, are to depart at this

their attendance ia the

Painted-

time» and to

give

A COLLECTION of TRIALS,

Painted-chamber ; to which place this court
doth forthwith adjourn itlelf.

Then the court rofe, and the King went
with his guard to Sir Robert Cotton's, and
from thence to Whitehall.

[His Majefty being taken away by the
guard, as he pafTed down the flairs, the in-
iblent foldiers fcofFed at him, calling the
fmoke of their tobacco (a thing very dif-
tafteful unto him) in his face, and throwing
their pipes in his way ; and one more inlo-
lent than the reft, fpitting in his face, his
Majefty, according to his wonted heroick
patience, took no more notice of fo ftrange
and barbarous an indignity, than to wipe it
off" with his handkerchief.

As he pafled along, hearing the rabble
of foldiers crying out, " Juftice ! juftice !"
hefaid, " Poor fouls, for a piece of money
they would do fo for their commanders."

Being brought firllto Sir Robert Cotton's,
and thence to Whitehall, the foldiers con-
tinued their brutilli carriage toward him,
abufing all that feemed to fliew any re-
(ped, or even pity to him •, not fuffering
him torell in his chamber, but thriilling in,
and fmoking their tobacco, and difturbing
his privacy.

But tlirough all thefe trials, (unufual to
priiices) he pafled with fuch a calm and
even temper, that he let fall nothing un-
bcfeeming his former Majefty and magna-
nimity.

In the evening, a member of the army
acquainted the committee with his Majefly's
defire, " That feeing they had palled a len-
ience of death upon him, and his time might
be nigh, he might fee his children ; and Dr.
Jiixon, Rilhop of London, might be admit-
ted to anill him in his private devotions, and
receiving the facrament." Both which were
at length granted.

And the next day being Sunday, he was

attended by the guard to St. James's, where

the bifliop preached before him upon thefe

words, '• In the day when God lliall judge

VcL. I. No. 6.

129

the fecrets of all men by Jefus Chrift ac-
cording to my gofpel.

Luna^, 29 Jan. 1648. Painted-Chamber.

Three proclamations made. The courc
is called.

Commiflloners prefent,

John Bradfliaw, Serjeant at Law, Lordi
Prefident of this court. ■

Oliver Cromwell

Henry Ireton

SirHardr.Waller,Kt.

Valentine Wauton

Thomas Harrifon

Edward Whalley

Thomas Pr^de
Ifaac Ewers

Richard Ingoldsby

rho. Ld Grey of

Grooby
Sir J. Bourchier, Knt.

Henry Martin
William Purefoy
John Berkilead
John Blackiftone
Gilbert Millington
SirWmConftable,Bt.
Edmond Ludlow
John Hutchinfon
Sir Mich. Livcfey,Bt.
James Temple
John Dixwell
Peter Temple

Owen Roe

Adrian Scroope
Richard Deane
John Okcy
John Hufon
William GofTe
John Jones
Francis Allen
Peregrine Pclham-
John Aalaby
William Say
Henry Smith
Humphrey Edw-ards
John Venn
'I homas Scot
William Cawley
Thomas Horton
John Lifle
Nicholas Love
Vincent Potter
Auguftine Garland
Sinion Meync
Danic! Blagrave
Robert Ticiibourne

Forty-eight CommilTioners prek-nt.

Upon report made from the committee
for confidering the time and p'a.'e of /be.
executingof the judgment againil the Kine:,-
that the faid committee have refo'ved, ! hat
the open ftreet before Vvhiteh;-ll is a tic
place, and that the faid committ e conceive
it fit that the King be there executed the-

L 1

morrow.

A COLLECTION of T Pv I A L S.

^3^

morrow, 'the King having already notice
thereof; the court approved thereof, and
ordered a warrant to be drawn for that
purpofe. Which faid warrant was accord-
ingly drawn and agreed unto, and ordered
to be engrofled ; which was done, and
figncd and fealed accordingly, as followeth,
viz.

At the High Court of Juftice for the
Trv ing and Judging of Charles Stuart,
King o' England, January 29, 1648.

Whereas Charles Stuart, Kins; of Eno--
land, IS, and ftandeth convicled, attainted
and condemned of high trcafoii, and other
high crimes ; and fentence upon Saturday
laft was pronounced againft him by this
court, to be put to death by the fevering
of his head from his body, of which
fentence, execution yet remaineth to be
tione : Thefe are therefore to will and
require you to fee the faid fentence exe-
cuted in the open ftreet before Whitehall,
upon the morrow, being the thirtieth day of
this inftant month of Jam ay, between the
hours of ten in the morning, and five in
the afternoon of the fame day, with full
cffecT-. And for fo doing, this ihall be
your fufRcient warrant. And thefe arc to
require all officers, foldiers and others, the
good people of this nation of England, to
be affifting unto you in this fervice.

Given under our hands and feals.

To Col. Francis Hacker, Col. Hunks,
and Licutenant-Col. Phray, and to
every of them.

Sealed and Subfcribed by

John BradOiaw
Thomas Grey
Oliver Cromwell
I'-dward Whallcy
Michael Livefey

Richard Deane
Robert Tichbourne
Humphrey Edwards
Daniel Blagrave
Owen Roe

John Okey
John Danvers
John Bourchier
Henry Ireton
Thomas Maleverer
John Blackiftone
John Hutchinfun
William Goife
Thomas Pride
Peter Temple
Thomas Harrifon
John Hufon
Henry Smith
Peregrine Pelham
Simon Meyne
Thomas Horton
John Jones
John Moor
Hardrefs Waller
Gilbert Millington
George Fleetwood
John Alured
Robert Lilbourne
William Say
Anthony Stapely.

William Purefoy
Adrian Scroope
James Temple
Auguftine Garland
Edmond Ludlow
Henry Martin
Vincent Potter
William Conftable
Richard Ingoldsby
William Cawley
John Berkitead
Jfaac Ewers
John Dixwell
Valentine Wauton
Gregory Norton
Thomas Challoner
Thomas Wogan
John Ven
Gregory Clement
John Downes
Thomas Waitc
Thomas Scot
John Carew
Miles Corbet

It was ordered. That the officers of the
Ordnance within the Tower of London, or
any other officer or officers of the (tore
within the faid Tower, in whofe hands or
cuftody the bright execution-axe, for the
executing malefacftors, is, do forthwith de-
liver unto Edward Dendy, Efq. Serjeant at
Arms attending this Court, or his deputy
or deputies, the faid axe. And for their
or either of their fo doing, this ffiall be
their warrant.

Direfted to Col. John W' hite, or any
other officer within the Tower of
London, whom it concerneth.

The Court adjourned till
morning at nine of the clock.

to-morrow

A COLLECTIO

On 7"ucfday the 30th of January, his
Majefty was brought through the Park on
fooc from Sc. James's to Whitehall, the
way being lined with foldiers, and a guard
of halberdiers atctending him. The King
bfing permitted to remain fome time in a
room at Whitehall, attended only by Bifliop
Juxon, Mr. Nye, and feveral other fanatic
tathers, offered to afTift his Majefty in his
■laft moments ; but he thanked them for
the tender of their fervice, and faid, as they
had fo often wickedly prayed againll him,
he would not admit their praying with him
at that time ; however, if they pleafcd,
they might pray for him. His Majefty,
having finifhed his devotion, and taken a
piece of bread and a glafs of wine, was led
by Colonel Hacker into the Banqueting-
Houfe, and from thence through one of the
windows to the fcaffbld erefted before it,
where he found two executioners mafkcd
and drefled in loofe frocks, who had pro-
vided cords and ftaples to drag him to his
execution if he refilled ; however, his Ma-
jefty, not at all terrified at thefe pre-
parations, with a compofed countenance,
addrefled himfelf to the people about him ;
declaring that he did not begin the war,
and calling God to witnefs, to whom he
was juft going to give an account. That he
never intended to encroach on the pri-
vileges of Parliament : He acknowledged
the juftice of God, however, in fuffering
him to die by an unjuft fentence, he him-
felf having fufFered an unjuft fentence to be
executed (on the L,ord Strafford). Then
turning to Biftiop Juxon, he faid, that
good man could witnefs for him, he had
forgiven all the world, even thofc that had
been the chief caufers of his death : he
wiftied they might repent, and prayed with
St. Stephen, that this fin might not be laid
to their charge ; but told them they would
never profper, unlefs they gave God, the
King, and the people their due ; that they
muft give God his due, by regulating the

N or T R I A L S. 131

church according to t!^ Scriptures, for
which he propofed the calling of a free na-
tional fynod : As to the Kmg's due, the
laws of the land would inftruft them in
that : And the people's due was liberty and
freedom, which no man defined more than
himfelf, and for the endeavouring to reftore
which he was now brought to that place.
If he would have yielded to arbitrary fwav,
to have all laws, ecclefiaftical and civil,
changed according to the power of the
iword, he needed not iiave come thither-,
and wilhcd it might not be laid to their
charge, that he was the Martyr of the
people, concluding with a prayer, that they
would take fuch courfes as were for the
good of the kingdom, and their own fal-
vation.

The Biftiop putting the King in mind,
that it might be expeded he fhould declare
what faith he died in, his Majefty thanked
him for putting him in mind of it, and
faid, he died a Chriftian, according to the
profeffion of the church of England, as he
found it left him by his father, of which
the Bifhop was a witnefs ; and then pre-
paring for the block, faid, " I go from a
corruptible to an incorruptible crown :"
Then he gave his George to the Biftiop,
and faid, remember, with a particular em-
phafis ; (which gave the regicides fome
uneafinefs, till they underftood the mean-
ing of it from the BiOiop ;) then laying hi'j
neck upon the block, and ftretching out
his hands, which was the fign, one of tlic
executioners fevered his head from his body
at one blow : but it was afterwards put into
a coffin with his body, and expofed for
feveral days, both in the palaces of White-
hall and St. James's, to the view of the
people. His Majefty was in the forty-
ninth year of his age, when he was thns
put to death, by thofe fons of violenci",
who were not content with his death, but
wafhed their hands in his blood, and glo-
ried in the parHcide.

Bifhcp

132

A COLLECTION of TRIALS.

Biiliop Juxon, who attended his Ma-
jelly on the fcaffbld, had all his papers
taken from him, his fcrutores, boxes, and
his very pockets were fearched ; and he was
threatened very feverely, by the regicides,
if he did not difcover what the King meant
by bidding him " remember •," to which
the Bifhop anfwered, that the King bid him
remember to carry that fupreme command
to his fon, that if ever he was reftored to
the crown, " He fhould forgive the authors
ot ills father's death," which furely miift
have put them into fome confufion, if they
were not hardened beyond all fenfe of
fliame.

The King's fervants afterwards made
their application to the men in power, that
the royal corps might be interred, with the
Kings his predeceiTors, in Henry the Se-
venth's Chapel ; but this they refufed, al-

ledging, that multitudes of people would
probably refort thither, out of a fuper-
ftitious refpeft to his memory, which
might be dangerous to their government;
but at length they agreed it fhould be
buried in St. George's Chapel at Windfor,
where the Duke of Richmond, the Mar-
quis of Hertford, the Earl of Southamp-
ton, and the Earl of Lindfey, law it in-
terred, in the fame vault where King
Henry VIII. and his Qiieen, Jane Sey-
mour, lie •, but Whitchcott, the Governor
of the Caftle, would not fuRer the buriat
fervice to be ufed after the manner of the
church of England. And here the corps
of the royal martyr ftill remains, as appears
by unqueftionable evidence, notwithftand-
ing the doubts of the Lord Clarendon, and
fome others, that it was removed elfe-
where.

The Tryals of Twenty-Nine REGICIDES, which begun Ocftuber 9, i6'6o.

In the County of Middlefex. The Pro-
ceedings a« Hicks's Hall, the 9th of
October 1660, in Order to the Trial
of the Pretended Judges of his late
Sacred Majefty.

TH E Court being fat, the Com-
milTion of Oyer and Terminer, under
the Great Seal of England, was firft
read. It was directed to the Lords,
and others hereafter named, viz.

Sir Tho. Alcyn, Knt. Denzil Hollis, Efq.
and Bt. Lord May- Sir Frederick Corn-
vvallis. Knight and
Bart. Treafurer of
hisMaj«llicsHoul-
hokl

or of the city of
London
The Lord Chancellor
of England

The Earl of South-
ampton, Ld Trea-
furer of England

The Duke of Somer-
fet

The Duke of Alber-
marle

The Marquis of Or-
mond, Steward of
hisMajeftiesHouf-
hold

The Earl of Lindfey,
Great Chamberlain
of England

The Earl of Man-
chefter, Chamber-
lain of his Majcf-
ties Houfhold

Sir Charles Barkly,.

Knt. Comptroller

of his Majefties

Houfhold
Mr.SecretaryNichols'
Mr. Secretary Morris
Sir Anthony Afhley

Cooper
Arthur Anneflv, Efq.
The Lord Chief Ei-

ron
Mr. JufticeFofler
Mr. Juflice Mallet
Mr. JulViceHide
Mr. Baron Atkins
Mr. JufticeTwifden
Mr. JiifticeTyrrel.
Mr. Baron Turner

The

A C O L L

The Earl of Dorlet
TheEarlofBerkfhire
The Earl of Sand-
wich
VifcountSay and Seal
The Lord Roberts
The Lord Finch

ECTION OF TRI A L S.

^^3

Sir Harbottle Grim-
fton, Knt. and Bt.
Sir Wm. Wild, Knt.
and Be. Recorder
of London
Mr. Serjeant Brown
Mr. Serjeant Hale
John Howel, Efq.

Sir Geoffrey Palmer, his Majefly's Attor-
ney General.

Sir Hencage Finch, his Majefty's Sollicitor-
Gcneral.

Sir Edward Turner, Attorney to his High-
nefs the Duke of York.

Wadliam Windham, Elb.

Edward Shelton, Efq. Clerk of the Crown.
The Grand Jury Sworn were.

Sir Wm. Darcy, Bt.

Foreman
Sir Robert BolIcs,Bt.
Sir Ch. Siillcy, Br.
Sir Lewis Kirk, Kt.

Sir Edw. Ford, Knt.
Sir Thomas Preftwick
Sir Wm. Coney, Knt.
Richard Cox, Efq.
Robert Biadwell, Efq

Sir H. Littleton, Bt. Henry Muftian, Eiq.
Sir Ralph Bovey, Bt. John Markham, Efq.

Edward Chard, Efq.
Rob. Giddon, Efq.
John Fotherly, Efq.
Ch. Gibbons, Efq.
Thomas Geree, Efq.

Edw. Buckley, Gent
Fran. Bouchier, Gent.
Edward Lole

Hart, Cryer.

After proclamation for filence was made,
it pleafed Sir Orlando Bridgeman, Lord
Chief Baron of his Majefty's High Court
of Exchequer, to fpeak to the Jury as
followeth.

The Lord Chief Baron's Speech.

Gentlemen,

YOU are the Grand Inqueft for the body
of this county of Middlelex ; you may per-
ceive by this commiffion that hath been

Vol. L No. 6.

read, that we are authorized by the King's
Majefty to hear and determine all treafons,
felonies, and other offences within this
county : But becaufe this commifTion is
upon a fpecial occafion, the Execrable
Murther of the BlefTed King, that is now
a faint in heaven, King Charles the Firfi-,
we (hall not trouble you with the heads of
a long charge. The ground of this com-
miffion was, and is, from the A&: of Ob-
livion and Indemnity, You fliall find in
that a£l there is an exception of feveral
perfons, who (for their execrable treafons,
in fentencing to death, and figning the
warrant for the taking away the life of our
laid fovereign) are left to be proceeded
againft as traytors, according to the laws of
England -, and are out of that a(5l wholly
excepted and fore-prized.

Gentlemen, You fee thefe perfons are to
be proceeded with according to the laws of
the land ; and I (hall fpeak nothing to you,
but what are the words of the laws. By
the ftatute of the twenty-fifth of Edward
the Third, (a ftatute or declaration of trea-
fon) it is made high treafon to compafs and
imagine the death of the King. It was the
antient laws of the nation. In no cale
elle, imagination, or compalTing, without
an aftual effeft of it, was punifliable' by our
law. Nihil efficit conatus nifi feqiiaiur ef-
feSfus ; that was the old rule of law : But
in the cafe of the King, his life was ib pre-
cious, that the intent was treafon by the
common law •, and declared treafon by this
ftatute. The reafon of it is this: In the
cafe of the death of the King, the head of
the commonwealth that's cutoff; and what
a trunk, and inanimate lump the body is,
when the head is gone, you all know.
For the life of a finde man, there's the life
of the offender, there's fome recoinpence,
life for life : but for the death of the King
what recompence can be made ? This com-
paffing and imagining the death of the
King is knowD by fome overt-a<5l. Treafon,
M m K

134

A . .C O L L E C T I O N of TRIALS.

it is in the wickcd^tmagirvaticm, though not
trcalbn apparent ;. bat when this pbifon
fweUs out of the hearf^ and breaks forth
iiijto aftion, in that cafejt's high-treafon.

Then what is an imagination or com-
paffing of the King's death ? Truly it is any
thing which lliews what the imagination is.
Word?, in muiy cafes, are evidences ot
this imagination; they are evidences of the
heart. >econdly, As words ; fo if a man,
if two men do confpire to levy war againli
the King, (and by the way) what I fay of
the King, is, as well of tiie King dead, as
living; for, if a treafon be committed in
the life of one King, it is treafon, and pu-
nilhable in the time of the fuccefibr; then,
I fiy, in cafe, not only of words, but if
they confpire to levy war againft- the King,
there's another branch of this ftatute, the
levying of war, is treafon. But, if men fhall
go and conl'ult together, and this is to kill
the King, to put him to death, this con-
fultation is clearly an overt-atfl to prove
th;s imagination, or compaffing of the
King's death.

But what will you fay then, if men do
not only go about to confpire and confult,
but take upon them to )udge, condemn,
nay, put to death, the King ? Certainly,
this is fo much beyond the imagination and
compaffing, as 'tis not only laying the
cockatrice's egg, but brooding upon it till
it hath brought forth a ferpenr. I mud de-
liver to you for plain and true law, " That
no authority, no fingle perfon, no com-
munity of perfons, not the people col-
ledively, or rcprefentatively, have any co-
ercive power over the King of England."
And I do not fpeak mine ovyn fenfe, but
the words of the laws unto you. It was the
treafon of the Spencers in King Edward the
Second's time, in Calvin's Cafe, fecond
report. The Spencers h.d an opinion, that
all homage and allegiance was due to the
King, by reafon of the crown, as they
called it. And thereupon (fay the books

and records) they drew out this execrable
inference, (among others) That if the King
did not demean himfelf according to right,
becaufe he could not be reformed by law,
he m\g\\tper cfperiee, that is, by fharpim-
prifonment ; but this was adjudged horrid
treafon by two a£ls of Parliament.

Gentlemen, Let me tell you what our
law-books fay; for there's the ground, out
of which (and the ftatutes together) we
mufl: draw all our conclusions for matter of

government.

How do they ftile the King .' They call
him, The Lieutenant of God, and many
other expreflions in the book of Primo
Henrici Septimi ; fays that book there, the
King is immediate from God, and hath no
fuperior. The ftatutes iny. That the crown
of England is immediately fubjed: to God,
and to no other power. The King (fays
our books) He is not only caput populi, the
head of the people ; but caput reipublica,
the head of the commonwealth, the three
eftates. And truly thus our ftatutes fpeak
very fully. Common experience tells you,
when we fpeak of the King, and fo the
ftatutes of Edward the Third, we call the
King, Our Sovereign Lord the King : So-
vereign, that is fupreme. And when the
Lords and Commons in Parliament apply
themfelves to the King, they ufe this ex-
preffion, Your Lords and Commons, your
faithful fubjeds humbly befeech. I do not
fpeak any words of my own, but the words
of the laws. Look upon the ftatute, prima
Jacobi, there's a recognition, that the
crown of England was lawfully defcended
on the King and his progeny.

(The ftatute itfelf was read, to which it
is defired the reader will be referred.)

Thefe are the words of the aft. And
this is not the firft precedent ; for you fhall
find it primo Eliz. cap. 3. They do ac-
knowledge the imperial crown lawfully de-
fcended on the Qiieen, tie fame recognition
with this. Before that (becaufe we ihali

&ew

A COLLECTION or TRIALS.

fTiew yoii-Wego upon grounds of law in
what we fay) Stai. 24. Hen. VIII. cap 12.
" Whereas by fundry old authencic hillo-
ries and chronicles it is manifeftly declared
and 'cxprefled, that this realm of England
is an empire, and fo hath been accepted in
the vvorki, governed by one fiipreme head
and King, having the dignity and royal
cflate of the imperial crown of the fame, &c."
Twenty-fifth of Henry VIII. cap. 21.
There it is the people fpeaking of them-
felves, That they do recognize no fuperior
under God, but only the King's grace.

Gentlemen, You fee, if the King be
immediate under God, he derives his au-
thority from nobody elfe ; if the King have
an imperial power, if the King be head of
the commonwealth, head of the body po-
litick, if the body politick owe him obe-
dience, truly I think it is an und,'nied con-
fequence, he mull needs be fuperior over
them.

Gentlemen, This is no new thing to talk
of an emperor, or an imperial crown. Do
not miftake me all this while: It is one
thing to have an imperial crown, and ano-
ther thing to govern abfolutely.

Gentlemen, The imperial crown is a
word that is figniftcative ; you fhall find in
all ftatutes pimo Eiiz. and the firft of King
James, nay, even in the adt of judicial pro-
ceedings of this Parliament it is called an
imperial crown. They that take the oaths
of allegiance and iupremacy, they fwear,
that they will, to their power, affift and
defend all jurifdiiflions, privileges, prehe-
minences, and authorities, granted or be-
longing to the King, his heirs, and fuc-
ceflbrs, or annexed to the imperial crown
of this realm. What is an imperial crown i
It is that, which, as to the coercive part, is
fubjecl to no man under God. The King
of Poland has a crown ; but what is it ?
At his coronation it is conditioned with the
people. That if he fhall not govern them
according to fach rules they fhall be freed

^>5

from their homage and allegiance ; but the
crown of England is, and always was, an
imperial crown, and ib fworn.

Gentlemen, As I told you, even now,
the imperial crown is a word fignificative ;
that croAH, which, as to the coercive part,
is not fubjed to any human tribunal, or ju-
dicature, whatfoever. And truly that this
is fuch an imperial crown, though I have
cited authorities ancient enough, you may
find them much more ancient. I remember
in the ftory of William Rufus (you Ihall
find it in Matthew Paris and Eadmei us)
fome queftion was about inveftiture of
Bifhops, and the like, the King writes his
letter. That, &c.

God foibid I (hould intend any abfolute
government by this. It is one thing to
have an abfolute monarchy, another thing
to have that government ablolutely without
laws, as to any coercive power over the
perfon of the King; for as to things or
adtions, they will tall under another con-
fideration, as I will tell you by and by.

Gentlemen, Since this is fo, confider the
oath of Supremacy, which moft men have
taken, or fhould take. All men that enter
into the Parliament- houfe, they are ex-
prefsly enjoined by ftatute to take the oath
of fupremacy. What fays that oath .' We
fwear that the King is the only fupreme
governor within this realm and dominions..
He is fupreme, and the only fupreme ; and
truly if he be fupreme, there is neither
major nor fuperior. 1 urge this the more,
lefl any perlon, by any mifconflruclion or
inference which they might make from
fomething that hath been aded by the
higher powers, they might draw fome dan-
gerous inferences or conlbquences to colour
or fhadow over thofe murtherous and trai-
terous adls, which afterwards they com-
mitted. They had no authority; But as I
told you, tliough I do fet forth this, and
declare this tj you, to let you know that
tlie King was immediately fubjeft to God,

an J

A COLLECTION of TRIALS.

130

and fo was not punilhable by any perfon :
yet let me tell you there is that excellent
temperament in our laws, that for all this
The King cannot rule but by his laws. It
jjreferves the King, and his perfon, and the
people's rights.

Ihere are three things touching which
the law is converfant, Perfono", Res (^
Achones ; Perfons, Things, and Aflions.
tor the perfon of the King, he is the fu-
preme head, he is not punifhable by any
coercive power-, the laws provide for that.
The King can do no wrong ; it is a rule of
law, it is in our law books very frequent -,
the 2 2d of Edward the Fourth, Lord Coke,
and many others. If he can do no wrong,
he cannot be punifhed for any wrong.
I'he King, he hath the infirmities and
weaknefs of a man ; but he cannotdo any
injury, at leaft not confiderable, in perfon ;
he muft do it by minifters, agents, inftru-
ments. Now the law, though it provide
for the King, yet if ^ny of his minifters do
wrong, though by his command, they are
puniihable. The King cannot arreft a man,
as he cannot be arrcftcd himfelf •, but if he
arreft me by another man, I have a remedy
againft this man, though not againft the
King V and fo he cannot take away my
eftace. This as to the perfon of the King :
He is not to be touched, " Touch not
mine anointed."

I come to Things. If the King claim a
right, the King muft fue according to his
laws ■, the King is fubjeft to the laws in
that cafe, his pofleflions ftiall be tried by
juries. If he will try a man for his father's
death, you will fee he will try them by the
laws. The law is the rule and fquare of
his adions, and by which he himfelf is
judged.

Then for Adions ; that is fuch atflions,
whereby rights and titles arc prufecuted or
recovered, the Kmg cannot judge in peribn
betwixt man and man, he does it by his
Judges, and upon oath ; and lo in all cafes

whatfoever, if the King will have his right,
it muft be brought before his Judges.
Though this is an abfolute monarchy, yet
this is fo far from infringing the peoples
rights, that the people, as to their pro-
perties, liberties, and lives, have as great
a privilege as the King. It is not the
fharing of government that is for the liberty
and benefit of the people ; but it is how
they may have their lives, and liberties,
and eftates, fafely fecured under govern-
ment. And you know, when the fatnefs of
the olive was laid afide, and we were go-
verned by brambles, thefe brambles, they
did not only tear the fkin, but tore the
flelh to the very bone.

Gentlemen, I have done in this par-
ticular, to let you fee that the fuprcme
power being in the King, the King is im-
mediately under God, owing his power to
none but God. It is true (blelfed be God)
we have as great liberties as any people
have in Chriftendom, in the world •, but
let us own them where they are due; we
have them by the concelTions of our Princes.
Our Princes have granted them ; and the
King, now ; he in them hath granted them
likewife.

Gentlemen, I have been a little too lono-
in this, and yet I cannot fay it is too Ion",
becaufe it may clear mifunderftanding, lb
many poifonous opinions having gone
abroad. To come a little nearer: If we
confider; fuppofe there were the higheft
authority ; but when we fl:all confidcr this
horrid murther (truly I cannot almoft fpeak

of it, but V(/x faucibus h^ret). Wiien

we Ihail confider, that a few members of
the Houfe of Commons, thofe that had
taken the oath of fuprcmacy, and thofe that
had taken the oath of allegiance, that was
to defend the King, and his heirs, againft
all conlpiracies, and attempts, whatloever,
againft his and their perlon, their crowns
and dignities ; not only againft the Pope's
fentence, as fome would pretend, but, as

otlicrwile.

A COLLECTION or TRIALS,

otherwife, againft all attempts and con-
fpiracies, not only againft his perfon,
crown, and royal dignity, nor Popes fen-
tence, not only in order to tiie profelTion
of religion -, but abfolutely or otherwife,
that is, whatfoever attempts, by any power,
authority, or pretence whatfoever. I fay,
when a few members of the Houfe of Com-
mons, not an eighth part of them, having
taken thefe oaths, fnall aflfume upon tliem-
felves an authority-, and authority, what
to do ? Shall afflime to themfelves an au-
thority to make laws, which was never
heard before ; authority to make laws :
"What laws ? A law. for an High Court of
Juftice, a law for lives, to fentence mens
lives -, and whofe life ? The life of their
fovereign : Upon fuch a King, who, as to
them, had not only redrelTed long before,
at' the beginning of the Parliament, all
grievances that were, and were imaginably,
taken away, the Star-Chamber, High-
CoinmiiTibn Court,' and about fliipping ;
futh a King, and after fuch concelTions
that he had made in the Ifle of Wight;
when he had granted fo much, that was
more than the people would have defired.
When thefe few Commons, not only with-
out, but excluding the reft of the Com-
mons ; not only without, but excluding
the reft, but rejcifting the Lords too, that
then fat : When thefe few Commons fliall
take upon them this authority, and by
colour of this, their King, Sovereign Liege
Lord, iliall be fentenced, put to death ;
and that put to death, even as their King,
and fentenced as their King -, put to death
as their King, and this before his own
door, even before that place where he ufcd
in royal JVlajefty to hear Embaffadors, to
have his honourable entertainments •, that
this King fliall be thus put to death at
noon-day, it is fuch an aggravation of vil-
lainy, tliat truh I f-annot tell what to f.y.
No ftofy, that o. I do not cii nk

any -, any la.:;al. as tragi-c;/, c^n

■. 6.

^37

produce the like. Gentlemen, If any per-
fon fhall now come, and lliroud hmifelf
under this pretended authority, or fuch a
pretended authority, you muft know, that
this is fo far from an excufe, that it is an
height of aggravation. The court of Com-
mon-Pleas is the common fhop for juftice ;
in that court an appeal is brought for mur-
ther, which ought to have been in the
King's Bench; the court gives judgment,
the party is condemned, and executed : In
this cafe it is murther in them that exe-
cuted, becaufe they had no lawful au-
thority. I fpeak this to you, to fncw you,
that no man can ftiroud himfelf by colour
of any fuch falfe or pretended authority.
I have but one thing more to add to you
upon this head, and that is (which I fhoukt
have fiid at firft) if two or more do com-
pais or imagine the King's death ; if fome
of them go on fo far as to confultation, if
others of them go further, they fentence,
and execute, put to death: In this cafe
they are all guilty •, the iirft conlulration
was treafon. I have no more to add, but
one particular, a few words.

As you will have bills prelented againft
thole for com[)afring, imagining, adjudging
the King, fo poffibly you may liave bills
prefented againft fo.me of thofe for levying
war againft the King: Levying of wj>-,
which is another branch of the ihtuteof the
25th of Edward the Third. It was but
declarative of the common law ; it was no
nev/ law. By that law it was treafon to levy
war againft the King. Hut to levy war
acrainft the King's authority you mufc know '
is treafon too. If men will take up arms- ;
upon any public pretence ; if it be to ex-
pulfe aliens; if but to pull out Privy-
councellors ;. jf it be but again H: any par-
ticular laws, to reform re igion, to pull
dov/n enclofures: In all thcle cafes, if per-
fonn have aflembled themfelves in a v-^ai like
manner to do any of thefe acls, , tliis is .
treafon, and within that branch of levying
N n war

A COLLECTION of TRIALS,

war againft the King, This was adjudged
in the late King's time in Berftead's cafe,
Queen Elizabeth's, Henry the Eighth's,
lormer times. King Jan^es's time -, much
more, if men will go not only to levy war
againft the King, but againft the laws, all
the laws, fubvert all the laws, to fet up
new laws, models of their own. If any of
thele cafes come to be prefented to you,
you know what the laws are. To conclude,
you are now to enquire of blodd, of royal
blood, of facred blood, blood like that of
the fairts under the altar, crying ^toufque,
Domine ? How long. Lord, &c. This
blood cries for vengeance, and it will not
be appeafed without a bloody facrifice.

Renember but this, and I have done:
I ftiall not prefs you upon your oaths -, you
are perfons of honour ; you all know the
obligation of an oath. This I will fay,
that he that conceals or favours the guilt
of blood, takes it upon himfelf, wilfully,
knowingly, takes it upon himfelf; and we
know that when the Jews faid. Let his blood
he on us a):d our feed, it continued unto
them and their pofterity to this day.
God lave the King. Amen, Amen.

The Grand Jury returned the Indiftment
Billa Verci. Court adjourned to the Old-
Bailey the loth of Oftober.

The lothof Oftober, 1660,

Sir John Robinfon, Knight, Lieutenant
of his Majefty's Tower of London, ac-
cording to his warrant received, delivered
to Mr. Sheriff the prifoners hereafter
named, who were (in fcveral coaches) with
a ftrong guard of horfe and foot conveyed
to Newgale, and about nine of the clock
in the morning delivered to the keepers of
that prifrn, and thence brought to the
fefllons-Houfe in the Old-Baley, London,
where the Commifiioners of Oyer and Ter-
miner were in court aircmbled, and where

their indidlment was publicly read by Ed-
ward Shelton, Efq. Clerkof the Crown.

Seffions-Houfe in the Old-Bailey, 0<ft, 10,

1660.

The court being afiembled, and filence
commanded, the commiflioner of Oyer and
Terminer was again read. After which,-
the indiftment charged them with com-
pafting and imagining the death of the late
King Charles I, And the fitting in judg-
ment on his Majefty, and figning a war-
rant for the execution, were laid as overt-
adls of that treafonable imagination.

Colonel Thomas Harrifon was the firft of
the regicides that was brought upon his
trial •, who being arraigned and dircfted to
plead guilty or not guilty, faid they were
vain words, and defired he might anfwer
the charge his own way, however, he was
prevailed on at length to plead not guilty. ■

Then the King's counfel opened the in-'
diftment, and produced five witneffes, who
depofed, that Thomas Harrifon, the pri-
foner, fat as one of the King's Judges, in
the pretended High Court of Juftice ; and
particularly on the 27th of January, » 648,
when the fentence was read ; and that he
ftood up with the reft, to exprefs his aiTent
to it ; and one of the witnefTes made oath,
that the members of that pretended court,
fitting in the Exchequer-chamber, and de-
bating concerning the impeachment of the
King, Harrifon faid, " Gentlemen, it will
be good for us to blacken him; and that
he heard Harrifon tell the other regicides,
that when he was bringing the King to
London, the King afked him when they
were in the coach together, what they in-
tended to do with him ; whether to murder
him or not: And the prifoner anfwered,
there was no intention to murder him -, they
had no fuch thoughts ; " but the Lord
hath referved you for a public example of
juftice." The prifoner's hand alfo was

proved

A COLLECTION of TRIALS.

139

proved to the warrant for fummoning the
High Court of Juftice, and to the warrant
for beheading his late Majefty.

The Lord Newburgh dcpofed further,
That Harrifon commanded the party that
brought the King from Hurft-Caitle to
London; and that his Majefty dining on
the road, at Baglhot-JLodge, where the de-
ponent then refided, Harrifon gave orders
fur placing the centinels, and when they
fet forward for Windfor, Harrifon order-
ed fcveral of his officers to ride clofe to his
Majefty, left he fliould make his efcape.

i'he prifoner faid in his defence, that
the matter he was charged with, was not
done in a corner ; the found of it had
reached moft nations ; and he believed the
hearts of fome had felt the terrors of that
prefence of God that was with his fervants
in thofe da)s; however, it had feemed
good to God to fuffer this turn to come
upon them ; that he had earneftly defired
of God, the fearcher of hearts, if he had
done amifs, that he might receive fome con-
victions on his confcience ; but though he
had fought it with tears many a time of
that God, in refpeft of whom they and all
nations were but as a drop of the bucket,
to that moment he had rather received
affiirance of the juftice of what he had
And he believed, e'er Ions, it would

done :

be made known from heaven, there was
more of God in it, than men were aware
of; that their Lordfliips knew what a con-
teft there had been for many years, and
how aftive many upon the bench had been.
And being reprimanded by the court for his
reflexions, he went on, and laid. That
what he had done was out of confcience to
♦he Lord •, and he conceived, that what
had been done by authority of Parliament,
no other jurifdiftion could meddle with;
that they were the fupreme authority, and
thofe who afted under them could not be
queftioned by any power kfs ihan that.
And whereas it had been faid they ufurped

that power, he faid it wasT rather done " in
the fear of the Lord. (Here he was inter-
rupted again, and told, that fuch things
were not fit to be vented in an afiembly of
Chriftians, to make God the author of all
their damnable treafons). He proceeded,
however, and faid, That what he had done
by authority of Parliament, he ought not
to be queftioned for : othcrv/ife they weie
in a miferable condition, bound to obey
thofe that were in authority, and yet to be
punifhed when they obeyed ; and defired
counfel to that point. The court anfwered.
If there was any difficulty, they fliould,
and ought to be'counfel for him ; but that
neither one or both the houfes of Parlia-
ment, neither the people colieiftively or rc-
prefentatively, had any coercive power
over their King ; much lefs thofe few mem-
bers of the Commons, after they had
purged their houfe of the corrupt majority,
as they called it : And Mr. Annefley put
the prifoner in mind. That he was the man
that forcibly removed the Parliament's
guard, and placed other guards at the
door of the houfe, who threatened and in-
fulted the members ; that after the houfe
had refolved. That the treaty in thelfle of
"Wight was a ground for peace, forces were
drawn down to the Houfe of Commons,
and none fuffered to come in, but thofe the
foldiers approved of ; and all, who pro-
fefled any duty to the King, were feized on
by Harrifon, and his fellows ; and then the
prifoner, and a fmall remnant of the houfe,
declared againft the vote that had pafied for
a treaty with his Majefty, and took upon
them to exercife fovereign authority ; and
under thefe he would Ikreen himfelf, as
afting by authority of Parliament, when a
majority of the Houfe of Commons dif-
avowed their proceedings : And had they
been entire, they could have had no pre-
tence to the fupreme authority.

Then the Lord Chi-rf Baron proceeded

to dircft the jtiry, and informed them,

I ' 'Ihac

140

A COLLECTION of TRIALS.

That if any of the overt-afts, laid in the in- I that fat in the houfe ; two hundred and
diftment, was proved ; either his confulting,
advifing, fitting in judgmenc, ot fentencing
the King, they ought to find the prifoner
guilty, i but here all thefe fads were proved,
not only by witneffes, but by the prifoner's
confefilon : He obferved alfo, that the pri-
foner had the King, in his cudody, and
brought him prifoner from Hurft-caftle,
without any authority from thofe he called
the Supreme power ; and that if any man
went about to imprifon the King, it had
been often adjudged an evidence of imagin-
ing and compafnng the King's death : That
the prifoner was lb far from denying the
tacfis, that he juftified what had been laid
to his charge. V/hereupon the'jury found
him guilty, without going out of court ;
and fentence was pronounced on him as a
traitor.

Then Adrian Scroop was brought to the
bar, againft whom fix or feven witneflTcs
dc'pofed, That they had feen him fir as one
of the late King's judges^ in the pretended
High Court of Juftice -, and particularly,
en the 27th of January, when the fentence
was read, and they all ftood up to exprefs
their afient to it : his hand was alfo proved
to the warrant for fummoning the court,
and to the warrant for beheading the King,

Mr Scroop faid in his defence, That the
High Court of Juftice was ereded by the
Parliament, which was then the fupreme
authority, of the nation, and generally fub-

mitted to ; and what he had done, was in
obedience to that authority.

The Lord Chief Baron replied. That
what he had offered. in his defence, tended
rather to aggravate, than extenuate his
crime ; that he (as well as others) was
miftaken in the word Parliament; there
was not one precedent of any other Houfe of
Commons aflTuming legiflative power, or
making an afl to ered a court of jufcice, for
the trial of their King : And befidcs, there
were but forty-fix, even of the Commons,

forty were excluded -, fo that they had ncj
pretence to be called an houfe : That the
Lords alfo were then in being, and rejetfted
that pretended aft, under which they would
flielter themfelves ; and of the forty-fix
Commoners that remained in the Lower-
houfe, there were not more than five or fix
and twenty that were for ere<5ling that court ;
and thefe men had taken the oaths of alle-
giance and fupremacy, and iworn to defend
the King, his crown and rights, againft all
perfons whatfoever ; that they had acknow-
ledged, in the oath of fupremacy, that the
King was the fupreme governor of thefe
nations ; and fworn that they would main-
tain all the privileges, immunities, and pre-
eminences, annexed to the imperial crown
of this realm ; and thofe who pretended
that men, by breaking thiougli all the tics-
and obligations of allegiance, could gain
any lawful authority, mulrfpeak againft the
light of their conlliences, and all laws, di-
vine and human. Mr. Scroop faid. If he
had been mifled, he was not the only per-
fon. He faw a great many faces that were
mifled as well as himfelf ; and he hoped an.
error in judgment would not be accounted
malice ; he never went to work with a ma-
licious intent, or bore malice to his late
Majefty ; but the Lord Chief Baron told
him, that though this might be fome ex-
cufe for him before God, in law the fad it-
felf implied malice, and the jury, without
going out of court, found him guilty.

Then Mr. John Carcw was brought to.
the bar, and the King's counfel having-
openedthe indidment, the witneflTes depofcd.
That the prifonei fat as one of the late
King's judges, in the pretended High Court
of Juftice ; that his hand was to the warrant
for fummoning the faid court, and to the-
warrant for beheading his late Majefty -,
and that the prilbner was a member 01 the-
Long Parliament..

■ A COL LECTIO

Mr. Caievv, in his defence, feemed much
ofrcndc'4, that, it was laid in the indidment,
he had not the fear of God before his eyes,
bvit was moved by the devil to murder the
King J and avirrred, that what he had done,
was in the fear of tl^e Lord, and in obedi-
ence to his holy and righteous laws : He
confflicd that he did confent to be one of
the late King's judges •, firft, in obedience
to the Lord •, and fecondly, in obedience
to that which was then the fupreme au-
thority of the nation ; That the matter in
quellion had been controverted in the face
of the whole world ; and the Lord had
given an anfvver upon folemn appeals ;
(and was entering upon the grounds and
rcalbns of the war) but the court let him
know, that they mufl: not hear him make
difcourfes in juiliScation of a iiorrid and no-
torious trealon ; and as to his having afted
in the fear of the Lord, they bid him re-
member that the devil appeared fometimes
as an angel of light : And that he fhould
not be luffered to caft in bones of conten-
tion, to revive thofe diflerences which were
but juft laidalleep. That this treafon had no
relation to what was done by the Lords and
Commons, at the beginning of the war;
for the aft, under which he pretended to
fcrcen himl'elf, was not made by the autho-
rity of either houfe ; there were but forty-
fix of the Conmions in the houfe, when it
was debated -, and not more than twenty-
fix that voted it ; which could never be un-
derltood by any one to be an a£l: of Parlia-
ment •, it was no more than an order, of a
fmall remnant of the Commons, after they
had excluded a vail majority.

The priloner replied. Since they would
not fufier him to open the nature of theic
things, and the grounds he went on, v/hich
fatisfied his own conlcience, that what he
did was from the Lord, he left his caufe to
the Jury ; telling them, that the authority
he ipoke of v>^as a rightful authority, it was
the fupreme power : It was well known

VcL. L No. 7.

N OF TRIALS. 141

what they were ; concluding, he had de-
fircd to fpcak the words of truth, and fo-
bernefs, but was prevented, l^hen thecourt
having obferved to the jury, that the treafon
was fuliy proved, both by witnefies, and his
own confefTion, they found him guiity,
without going from the bar : After whicn
the court adjourned.

The court fitting again the i2;h of Oc-
tober, Thomas Scot was brought to the
bar, againft whom the indidment being
opened, and the jury Iworn, feveral witnef-
fcs depofed, That tiie prifoner I'm as one of
the hue King's judges, in the pretended
High Court of Juftice, and particularly on
the 27th of January, when all the members
ilood up, to exprefs their alTent to the fen-
tcnce : Another witnefs depofed. That his
hand was to the v.arrant for beheading the
late King. Sir Theophilus Biddolph de-
pofed, that he heard Mr. Scot fay, in Ri-
chard's Parliament, That he fat as one of
the King's judges ; and he was fo far from
repenting of it, that he defired this infcrip-
tion might be upon his tomb, (viz.) " Here
lies Thomas Scot, who adjudged to death
the late King." Colonel Copley teftified
the fame thing ; and that the prifoner ad-
ded, " He hoped he never fhould repent
of the King's death."

The Lord Mayor eied depofed, That,
oh the iaft day of the fitting of the Parlia-
ment, a little before his Majefty's return to
Engiand, Mr. Scot, feeing the houfe mult
break, iaid, " Their heads muft be laid to
[he block, if there was a new Parliament :
I confefs (laid he) I had a hand in putting
the King to death, and I defire all the world
may take notice of it 5 and when I die, that,
it may be written on my tomb. I do not
repent of any thing I have done ; if ic
were to do, I could do it again. Williani
Lenthall, Efq-, alio depofed, That, the
houfe being about to dilTolve itlelf, Mr.
Scot made a fpeech, jollifying the putting
the King to death ; but he di-d not remem-
O o be J-

142 ACOLLECT

ber the particular exprefTions mentioned by
the other witnefles. Then the Lord Mayor
further depofed, that this was the conclu-
fion of Mr. Scot's fpeech in the houfe,
" Being it is your pleafure to have it fo (the
houfediffolved), I know not how to hinder
it-, but when that is done. I know not
where to hide this hated head of mine." Mr.
Baker aUb depofeJ, that dilcourfing with
Mr. Scot, in the time of Richard's Parlia-
ment, he faid, " He had cut off one tyrant's
head, and he hoped to cut olf another."

The prlfoner faid in his defence, that it
was a breach of privilege to profecute him
in an inferior court, for what he had faid,
or done in Parliament •, but the court in-
formed him, that for trealbn, or felony,
committed in the Parliament -houfe, tliere-
was no privilege that could prevent his be-
ing tried for them in the courts of common
law ; but that there did not want other
evidence of his compafTing and imagining
the King's death.

Then Mr. Scot proceeded in his defence,
snd averred, that he never laid, " He hoped
he Ihould never repentof the King's death:"
But on the contrary, he had often, by pray-
ers and tears, befought the Lord, that if
there were any iniquity in it, he would
fhew it him -, that it was by the command
and authority of a parliamentary power
he fat as one of the King's judges ; and this
mufl juftify him ; whatever the nature of
the fafl was : That this court could not
take cognizance whether they were a legal
Parliament, or not-, and he did not know,
but it might be as fit for that Parliament
to make laws, as the laft, being called by
the keepers of the liberties of England:
That if they were not properly a Parlia-
ment, they were the fgiflative power, and
their aifls binding -, that if two ellates might
€XcKide the third, as they had done the Bi-
fhop's -, if the fecond did not continue to
exercile their truft ; they that were in, by
occupancy might have a title to the whole :

ION OF TRIALS.*

and continued to infifi: he bad a parliamen-
tary authority, a legiflative power, to juf-
tify him'

The court replied. That thefe things had
been urged already, and that no fingle per-
fon or community, neither the people col-
leflively, or reprefentativeiy, had any co-
ercive power over the King. That the af-
fembly, who made that pretended aft, were
not an eighth part of the Commons houfe :
That the houfe of Lords was then fitting,
and rejeifled it -, and therefore there was no-
thing like parliamentary authority to jullify
him. That forty highwaymen, met toge-
ther at Shooter's-hill, might as well pretend
to Parliamentary authority, as that httle
convention at Weftminfter : That the vul-
gar acceptation of the word Parliament, had
led many into miflakes ; but that nothing
could properly be faid to be done by par-
liamentary authority, but what was done
by King, Lords, and Commons : And as
to what the prifoner mentioned, concerning
the ejefting the Bifliops, this was not at all
to the purpofe ; for that a6t was made by
the confent of King, Lords, and Commons :
And,

Mr. Annefiey put the prifoner in mind,
that when the people appeared jealous that
they intended to alter the government, the
Parliament called it A black fcandal, caft up-
on them : And that the two houfescaufed a
declaration to be affixed on all the cliurches
in England ; That they held the govern-
ment of King, Lords, and Commons, to be
the fundamental government of this king-
dom. Then the prifoner claimed the be-
nefit of his Majefly's pardon; but the court
replied, it was very odd ;o talk of a par-
don, after fucli a juftification ; that the
King's proclamation could not be pleaded
in bar to the proceedings of the court :
They could take no notice of a pardon that
was not under the Broad-feal ; though they
did not doubt liis Majefty would inviolably
make it good, if he appeared to be within

it.

A COLLECTIO

if. Then the Lord Chief Baron direfted
•the jury, and took particular notice of the
aggravating Ipeeches of tlie prifoner, his
jnitifying the King's murder, and wifhing
the aiVion might Be engraven on his tomb :
and the jury thereupon found him guilty.

Then Gregory Clement was brought in-
to court, and pleaded guilty.

John Jones alfo, being kt to the bar, of-
fered to make a partial confefiion, which
the court not accepting, the jury was fworn,
and the witnefies produced, who depoied
they faw the prifoner fit as one of the late
King's judges, in the pretended High
Court of Juitice. His hand alio was proved
to the warrant for fummoning the court,
and to the warrant for beheading the King :
And thejury found him guilty.

Then all the prifoners that had been tried
after Harrilbn, were fct to the bar -, and it
was demanded what they had to fay, why
judgment fliould not pals upon them: To
which they generally anfwered, they threw
themfelves on the King's mercy : And the
Lord Chief Baron made a fpeech to them
on the occaGoR, in which he let the horrid
crime the prifoners were convi6ted of, in a
proper light ; he told them the King they
had murdered, was a perfon of eminet parts
»and virtues, that would have rendered him
admired even in a private ftatlon ; that his
clemency appeared in the beginning of his
reign •, and, if they looked back, they
would find the people enjoyed greater peace
and profperitv in his days, than in the
reigns of former princes -, that but one
nobleman had been put to death in his
time, and that for an offence not to be na-
med. That they might remember the King
had, before the wars, redreilcd every grie-
vance they could complain of; the Star-
chamber, High-commiffion, Ship-money,
the claim of Stannery, &c. That they would
do well alio to refledt what concefiions his
Majefty made at the Ifle of Wight •, how
lie wooed and courted tlie people to obtain

N OF T R I A L S. 143

peace: And that they fhould kill their King,
and fuch a King, they ought to lay it to
heart, and confider with themlelves; for,tho'
they pretended confcience, they (hould re-
member what our Saviour faid, That " the
time will come, when they will perfecute
you and kill you, and think they do God
good fervice." 1 hat there was fuch a thing
as fpiritual pride, and men might be over-
run with an opinion of their own holinefs,
and go by pretended revelations, and fay
they prayed about fuch a thing, and found
no remorfe or reludance-, as the man in
bhropfhire, who murdered his father and
mother, when he was queflioned for it, al-
iedged, he had prayed againft ir, and could
not underfland it to be a fin. And there-
fore he exhorted the criminals to try their
fpirits, and examine the fa(fl by the word of
God, and not think every fancy and imagi-
nation to be confcience : After which, the
ufual fentence in high trealon was palled up-
on them, and the court adjourned.

The court meeting again the 14th of Oc-
tober, John Cook, Sollicitor to the Regi-
cides, who preferred the charge of high-
treafon againft the late King, was brought
to the bar : And not challenging any of the
pannel, the firft twelve were fworn of the
jury. Then the Soliicitor-general opened
the indiilment, and obferved that this was
the man, who exhibited that wicked inftru-
ment, called, " A charge of High-trea"-
fon," againft his late Majefty in the name
of all the people of England ; that he ag-
gravated the charge, and would not fuff'sr
his Majefty to fpeak in his defence ; told the
King he endeavoured to fpin out delays,
and defired the charge might be taken p'ro
confcjfo ; that this was the man that preffed
the pretended court to give judgment againft
the King; and demanded that wicked
judgment before i: v/as pronounced ; and
though he had acknowledged his Majefty
to be a wife and gracious King, yet de-
clared that he muft die, and monarchy with

hin) 1

144

A COLLECTION of TRIALS.

him •, tliat this was the prifoner's part, who
had alio received wages,- and a reward for
his iniquity. Then the vvitnelTes were cal-
led, who depolecl, That the prifoner exhi-
bited an impeachmcnr, or p?,rchment-wri^
ting, to the pretended High Court of Juf-
tice, which was called " A charge againft
the King ;" and the faid charge being now
produced, it was proved that Cook's hand
was fubfcribed to it ; riiat he often inter-
rupted his Miijclly, and prayed that the
charge might be taken pro confejj'o ; and for
fevcral days preficd for judgment againft Ins
Majefty.

It was teftified alfo, that Ccok charged
his Majefty with being guilty of the higheil
treafons and crimes, that ever were afted on
the theatre of England, and preffing that
judgment might be given againft his Ma-
jeity, faid, " That it was not fo much he,
as the innocent and precious blood that Iiad
been fned, that cried for jud2;ment againft
the prifoner at the bar (the King). And
one Starkey, of Grey's Inn, depofed, that,
difcourfmg with Cook about his being made
Sollicitor-general, he anfwered, " he was
fbrving the people-, that lie would feeftrange
things ; and that he muft wait upon God :"
He did acknowledge the King was a wife
and gracious Prince ; but faid, he muft
die, and m.onarchy with him.

But Cook crofs-examining Nutley, one
of the witnefles, Nutley depofed, that he
heard the prifoner fay. He hoped they did
not intend to take away the King's life ;
tluit he (the prifoner) laboured againft it ;
and they told him, they only intended to
bring him to fubmit to the Parliament.

The prifoner further faid in his defence,
That the words he ufed at that proceeding,
were not his own -, he was direfted what he
fhould fpeak, and he hoped he might make
much the fame plea St. Paul did, " That
againft Csefar or againft the law, he had not
offended at all ■" forfirft, he was commanded
to do what he did, and acting only within

his own fphere as a counfellor, by the com-
mand of the then fupreme power, he could
not be guilty of treafon : Secondly, wor.d;s
could not amount to treafon ; and though
it was faid, his hand was to the impeach-
ment, he thought that was not well proved';
Pie infifted further. That one who writes
orfpeaks words diftattd by another, (though
they might be in their own nature treaion-
able) yet they were not treafon on the wri-
ter or fpeaker, becauie they did not difco-
ver a traiterous heart ; and he appealed to
God, if he ufed one irreverend expreffion
tov/ards his Majefty, or ftiled him. The pri-
foner at the bar, as the witnefs had fworn :
That a counfellor was to make the bcft of
his client's caufe, and leave it to the court ;
and counfellors did frequently engan;e in
bufmefs, before they rightly underftood the
fiiift . He appealed to the counfel, if they
had not many times been forry, that a ver-
dift had been given for their client, when
they difcovered the right lay on the other
fide ; and this might be his cafe. Had it
been a time of peace, he acknowledged this
would have been treafon ; but his Majefty
being in the power of the army, the draw-
ing up a charge .againft him, anddefiring
jullice, and that he might be brought to a
fpeedy trial, in order to his acquittal, was
rather a fervice to his Majefty, than treafon
againft him : He urged further. That what
he had done in that matter, was for his fee,
and not of malice ; though it might be cal-
led avaritia, it could not be called malitia ;
he did nothing judicially, but niinifterially :
but confcious his defence was very weak,
he faid he laid hold on his Majefty 's de-
claration at Breda, wherein he promil'ed
to pardon all who were not excepted in a free
Parliament ; and he obferved, that this con-
vention, not being called by the King's
writ, v^as not fuch a Parliament, as could
make the exception -, concluding, that hu-
man juftice did never punifti fo much for
expiation as prevention, that others might

A COLLECTION of TRIALS.

145-

■be deterred from committing fuch afts -, '
that now all things were fettl'd, there
could be no danger in fparing him, the like
cafe could never happen again.

The King's counfcl, in their reply to
this defence, faid, That the priibner
millook his charge, if he thought it was
only for words -, it was for compaifrng and
imagining the King's death ; and the evi-
-dence of that charge was, his meeting in
an alfcmbly of the regicides, and the part
he bore in that ailembly : Nor was it a ge-
neral rule, that words were not treafon ; for
if a man declare the imagination of his
heart, by exhorting and perfuading men to
kill the King, there could not be a greater
overt-aft than fuch words, or a clearer
evidence of his traiterous imagination :
And as to his innocence in fimply demand-
in" jurtice, they were to obferve, that the
fubjedl-matter was a charge of high-treafon
againil the King; he prayed tliat the King,
as a traitor, might be brought to jultice-,
prelfed that the charge might be taken pro
tonffffo : And whether Mr. Cook could in-
tend this, in order to the acquittal of his
Majelly, he left the jury to determine.

As to the prifoner's laying hold on his
Majetly's letter or declaration tronx Breda,
that could not amount to a pardon, not
being under the broad leal •, neither would
the words it contained have amounted to a
pardon, if they had been under the broad
feal : Beiides, it appeared by the King's
lette:'^ that he intended fuch as fhould be
excepted by that very Parliament his letter
was directed to, and the priloner was ex-
prefsly excepted by name ; his JMajefly,
therefore, was not obliged even in honour
to fpare him.

'1 hat the jury fhould confider the cafe as
their own : The prifoner had exhibited a
charge againft his late Majefty, in the
name cf all the people of England, of
whom they were part, and they ought to
let the world know, that the people cf

YoL. I. No. 7.

England had no hand in that charge •, thac
they Ihouid confider how the prifoner had
liunted after the King's life ; how he had
fifhed for evidence againft him, aggravated
the charge, was afflidled at the d^^clays, and
angry when he was interrupted.

And as to the prifoner's faying, he
pleaded for his fee, Judas too had thirty
pieces of fdver, for which he hanged him-
felf; and it was the highelt difgrace he
could throw upon the long robe to fhelter
himfelf under his profeffion ; that indeed
it was an aggravation of his crime, tliat he,
who knew the law lb well, lliould fo^roily
tranfgrefs it ; that Mr. Cook, in advifmg
the aft, was as inftrumental, as much a
traitor, as the man in the frock that did the
execution ; that a counfellor indeed was noc
always bound to know the Judge's patent ;
but here was no colour oi a legal proceed-
ing, nothing but a mock court of juflice,.
fuch a one as Mr. Cook never met wirli in
all his reading; they knew ol no law under
heaven for putting the King to death,
though they endeavoured to flicker tlieni-
felves under a colour of jullice, to do the
moft execrable treafon in the world.

The Lord Chief Baron in fumming up
the evidence, obferved, that when I oolc
demanded julf ice againft the King, he had-
charged him as a tyrant, traitor, murderer,.
and common enemy ; that thofe, who fpit
in the King's face, alfo demanded juftice ;
but every man knew what they meant by
juftice ; that the priibner had alio urged,,
" That it was not fo much he, as the blood'
that had been flied, that cried for judg-
ment •," and whether the priibner meant a
judgment for the King's acquittal, he left
to the jury : He took notice alfo of the-
prifoner's anfwers to Starkey, when he ex-
poftulated with him about being concerned
in tlie King's murder, (vi?.) " You fnall
fee ftrange things ; you muft wait upon-
God :" '1 his, the Chief Baron obfervfd,'
was then the canting language of thoie who
i' p were

14-^

A C-OLLECTI

■wci(T about to commit fomc horrid impiety,
and from that other cxprefficn, " T he
King mud die, and monarchy with him,"
it appeared it was mjnarchy and govern-
iiieiit they hated : Many of thofe who fat
upon the late King, acknowledged he was
a gracious Prince ; they did not hate his
jjcribn any more than the prifoner, but
monarchy was the tiling they would bc-
Jieid.

■ That as to his having a£led by the au-
thority in being, and citing the nth of
Henry II. which provides, That he who
fcrves- a King for the time being in his
wars, fhall not be punillied -, that adt was
txprefsly againft him : For that ad was
made tor the prefervation of a King de
Jaffy, much more of a King de jure ; and
the perfon they had ftiled their prifoner,
they had owned to be their King; they
charged him as King, and fentenced him
as King. That King Henry Vllth's care
■was to preferve even a King de fa£}o, and
kingly government -, it was not in favour
of an antimonarchical government. The
regicides proceeded againft their own King,
as their King-, calling him in their charge,
Charles Stuart, King of England ; and
therefore there was no colour that the pri-
foner fhould have any benefit of the letter,
•or the equity, of the i ith of Henry VII.

However, Mr. Cook, being indulged
the liberty of replying to the Chief Baron,
faid, Though their l.ordfliips were pleafed
to lay no weight on the orders or authority
by which he afted ; he did then ad truly
and conlcientioudy, and thought that au-
thority would have borne him out; though
the court were pleafed to look upon them
a", a parcel of people without authority, his
judgment was not yet convinced as to that
point; and that all the words he fpoke were
diclated to him, even thole, " That it was
not fo much he, as the innocent blood,
that cried for juftice."

ON OF TRIALS..

To which the Chief Baron faid. He madfe
his cafe rather worfe ; that they had de-
livered their opinions already ; that the
acting by fuch an authority, was fo far
from being an extenuation, that it was an
aggravation of the crime ; that his ex-
prefTing liis approbation of that power, and
aifting under ir, were the very things with
which he, was charged : And the jury, after
a very fliort recefs, brought in the prilbner
Guilty.

Hugh Peters, Cromwell's Chaplain, be-
ing brought next upon his trial, made no
challenges to the jurors ; whereupon the
firft twelve of the pannel were fworn, and
charged with the prifoner : Then the King's
counfel produced their evidence. And firft.
Dr. William Young dcpofed. That Hugh
Peters, the prifoner, lay fick at his houle
in the year 1649, and that he remained in
his family fix or feven weeks after his re-
covery, there being a great intimacy be-
tween them ; that the prifoner, about that
time, told the deponent, " He was fent
over from New-England to foment a civii
war, ^nd drive on their reformation."

That he was afterwards fent over to
Ireland by the Parliament, to carry on their
defigns there, and that he had fpent near
3000I. in that fervice, for which he had
only received a fmall pittance, in land, out
of the Lord Worceftet's eftate ; that the
prifoner ufed to fay, while he refidcd with
the deponent, " It would never be well till
the Lords, the Lcvites, and the lawyers,
were put down ;" that the prifoner was a
Colonel under Cromwell (as well as a
preacher), and having an authority to raile
forces for the war in Ireland, would have
had the deponent accept a commifTion to
ferve under him ; that the prifoner in-
formed the deponent, when the late King
was taken from Holmeby-Houfe, the Par-
liament had a defign to have feized Crom-
well and himfelf ; but having notice of it,
they made their efcape out of London,

riding

A COLLECTID

rilling hard for it as far as Ware, where
they confiderecf how they Ihould difpofe of
the Kmg ; and came to a relblution,
" They would try him for his life, and cut
off his head."

Mr. Starkey depofeJ, That the head-
quarters being at Windfor, a little before
the King's trial, Ireton lay at his father's
houfe there ; and that Cromwell and the
general officers ufcd to hold their councils
of war at his father's ; that after thefe
councils rofe, there ufed to be a private
confultation, at which Cromwell, Ireton,
the prifoner, Colonel Rich, and a fifth
perfon, afTifted -, and they generally fat up
till two or three in the morning ; and he be-
lieved it was this private cabal that con-
trived the bufinefs againft the King ; that
the prifoner frequently came with Ireton,
and dined and fupped with him, at his
father's, with the family ; and talking of
the King, Peters ufed to fay, " The King
was a tyrant and a fool, and not fit to be a
King -, and that it was a dangerous, charge-
able, and ufelefs office ;" that Ireton and
Peters being at fupper at his father's, when
news came that the King was made prifoner
in the Ifle of Wight, his father, inltead of
faying God fave the King, Prince, and
realm, as he ufually did after his grace,
(at v./hich Ireton and Peters ufed to laugh)
faid, " God fave the King's mod excellent
Majefty, and preferve him out of the hands
of all his enemies : Whereupon Peters faid,
" Old gentleman, your idol will not ftand
long."

Walkeley depofed. That he faw Peters
at the confultations with the regicides in
the Painted-Chamber, before the King's
trial; that when the King was brought to
London, he faw him riding in a triumphant
manner before the coach the King was in :
And at another time, he faw Peters mar-
fhalling the foldiers in St. James's Park,
and heard him fay, " If we can bvit keep

N OF TRIALS. 147

up our army feven years longer, we need
not care for the King and all his poReritv."
Simpfon depofed. That he law the pri-
loner at fcveral confultations concerning the
King ; and that, at the King's trial, he
heard him bid Colonel Stubberd to cry out,
" Juflice, juftice, againft the traitor at the
bar i" that the foldiers cried out as they
were directed ; and, as the King was going
back to Cotton-houfe, lome of them fpit in
his face, which he wiped ofi", and fmiled.

Richardfon depofed. That he faw the
prifoner Handing in the High Court of
Juftice i that he commendecl Bradlliaw'a
carriage ; and holding up his hands, laid,
" This is a moft glorious beginning of the
work." And Sir Jeremy Whichcot de-
pofed, he heard the prifoner fay, " I cannot
but look, upon this court with great re-
verence, for it doth refemble, in fome mea-
fure, the trials that fliall be at the end of
the world by the faints ;" that the prifoner
feldom fpoke of the King, but he called
him tyrant ; and faid, he would have
preached before him (the King) j but the
poor wretch would not hear him.

Nunnelly depofed. That he faw Peters in
the Banquetting-houfe, about an hour be-
fore the King was beheaded ; that he went
out upon the fcaffold, and came off again ;
and whifpering the joiner who eredled it,
the joiner imniediately knocked down four
ftaples upqn the fcaffold ; that after the.
King's head was cut off, the deponent faw
the vizards go into a chamber, and he
thought he faw Peters come out of the fame
chamber an hour afterwards ; but he was
fure he faw him ^o with the hangman to
take water.

Stephen Clough depofed. That Peters,
in his prayer before a council of officers at
Weftminfter, faid, " O Lord, what ^\
mercy is it to fee this gre^t city fall down
before us ! And what a Hit is there to bring
this greac man to tri^l ; without whofc

blood

148 A C O L L E C T I O

blood he will turn us all into blood if he
reii5;n again !

Beaver depofedjThat the prifoner preach-
ing before the two houfes, on a fall- day, a
licde before the ad was made for the King's
trial, he faid, " It was a very fad thing,
that it fhoiild be made a queftion among
us, as among the old Jews, Whether our
Saviour Jefus Chrift mult be crucified ; or
that Barabbas fhould be releafed, the op
prefTor of the people : O Jefus (laid he)
where are we, that that fliould be a queilion ?
And becaufe you fhould think, my Lords
and gentlemen, that it is a queftion, I
tell you it is a queftion : I have been in
the city, which may very well be com-
pared to Jerufalem ; and I profefs tfiefe
I'oolilh citizens, for a little trading and
profit, will have Chrift (pointing to the
red-coats on the pulpit-ftairs) cruci-
fied, and that great Barabbas, at Wind-
ier, releafed. I do not much mind what
the rabble fay ; but I have been with
my brethren, the clergy, in the affembly,
and I perceive they are for crucifying Chrift
alio, and releafing Barabbas. O Jefus,
what'fhall we do now !" Then addreffing
himfelf to the Lords and Commons, he
faid, " You are the Sanhedrim, the great
council of the nation ; therefore you muft
be lure to do juftice-, it is from you we
expecfl: it. You muft not only be the in-
heritors of your anceftors ; but you muft
do as they did : They oppofed tyrannical
Kings, and deftroyed them. It is you that
we chiefly expeft juftice from. Do not
prefer the great Barabbas, murderer, tyrant
and traitor, before thefe poor hearts (point-
ing to the Ibldiers again) :" And that for
two or three hours he harangued his audi-
ence, prefling them to bring the King to a
fpecdy trial, and to punifli him capitally.

Mr. Chace depoied. That he heard the
prifoner preach before Cromwell and Brad-
maw, on the 20th of January, 1648, on
that text in the Pfalms, " Bind your Kings
in chains, and your nobles in fetters of

N OF TRIALS.

iron ;" And obferved, that the next Pfalra
had twelve hallelujahs •, which v.ere in-
tended, he faid, to exprefs their joy, That
Kings were bound in chains, &c. He told
them alio the common ftory of the Mayor
that laid the Bifliop's man by the heels for
being drunk ; and when the Bilhop com-
plained of it, the Mayor anfwered. There
was an aft of Parliament for it, and neither
the Bilhop nor his man were excepted out
of it. And fo (lays Peters) here is a great
talk in the world; what, will you cut off
the King's head; the head of a proteftant
Prince? Turn to your Bibles, and you
fhall find, " Wholbevcr Iheds man's blood,
by man fliall his blood be flicd." As the
Mayor faid of the Bifhop and his fervant,
I lee neither King Charles, nor Prince
Charles, nor Prince Rupert, nor i'rince
Maurice, nor any of that rabble excepted
out tif it ; and added, " This is the day
that I, and many faints of God, have beea
praying for thefe many years:" /\nd the
deponent obferved, that Cromwell laughed
heartily at thefe flights.

Tongue depofed, That he heard the'pri-
fbner preach at Whitehall, the 21 ft" of Ja-
nuary, 1648, on that pafTage, " Bind your
Kings in chains, &c." And faid, he hoped,
to fee fuch another day as the day before:
(when the King's tryal began): That he
blefled God the lower houle was purged ^
and afl'ured them the houfe of Lords would
down fuddenly.

The prifoner in his defence, faid, he was
fent from New-England, to folicit the:
affairs of that country here; and indeed,
at the importunity of the London minifters,
after his arrival, he was aftive in the trou-
bles that followed ; but they were much
deeper engaged in that affair than he was :
He was forry to hear himfelf charged with
that behaviour towards the late King, and
begged pardon for his folly and weaknefs ;
but faid, he had no malice or mifchief in-
his heart againft him ; that he had always

aftcd

A COLLECTION of TRIALS.

afted with honour and refpeft towards his
Majefty, particularly when he was at Wind-
for ; and had propoied three ways to his
Majefty to extricate himfelf out of the diffi-
culties he was in : but he did not approve
of them ; that he was none of thole who
fat in the High Court of Juftice, or
brought the King to that unhappy end :
And laftly, he oblerved, that there was but
a fingle witnefs to any one fa£t.

To which the King's counfel replied,
That Ibme fadls had been undeniably
proved againfl him •, that the meeting and
confulting together about the King's death ;
or the giving aid, comfort, or encourage-
ment to thole traitors, made him guilty of
the whole charge, in the eye of the law ;
though he did not fit in that High Court,
or fentence the late King : And that, what-
ever fpeeches he had uttered, either in tlie
pulpit, or out of it, tending to fedition and
rebellion, were fuch overt-ad: as proved
the treafonable imagination of his heart,
with which he was charged ; that though
there ought to be two witnefTes in treafon,
there need not be two to every faft ; but in
his cafe there had been feveral witnefTes
produced to one fad: ; fo that this objeftion
carried no manner of weight with it.

That his being in arms againfl his Ma-
iefly, had not only been proved by feveral
witnefTes ; but he had confefled it. It was
proved alfo, that he had called the day of
his Majefly's trial, A glorious day, and re-
fembled it to that great day, wherein the
faints fhould judge the world ; that he had
cften prayed for it alfo ; lb that no man
could be faid more juflly to have confpired
and contrived the death of the King than
this miferable priefl had done : The honour
of the pulpit therefore ought to be vin-
dicated. His death would preach better
than his life had done ; it might be a
means to convert many a deluded man,
whom his preaching had feduced ; for
feveral had been brought to that bar, who

Vol. I. No. 7.

averred, that what they had done, was in
the fear of the Lord ; and now it appeared
who taught tliem, and led them into tliefe
pernicious errors ; they hoped therefore
the court would make an example of this
carnal prophet : And the jury being with-
drawn, in a very little time found the pri-
foner guilty. Vv'hereupon the King's coun-
fel moved, that Cook and Peters might
receive judgment together: And the Lord
Chief Baron having made a fpeech to the
prifoners, wherein he -obferved they had
had a liberal education, and therefore could
not be ignorant how groisly they had
offended againfl the laws of God and man,
by being indrumental in the King's murder,
pronounced fentence on them as traitors ;
And then the court adjourned.

On the 1 5th of Odober, Daniel Axtel
was brought to the bar; and a jury being
fworn, and charged with the prifoner, the
King's counfel opened the indidment and
the evidence ; after which, the witnefles
were produced, who depofed. That Colonel
Stubberd and Axtcl commanded the guards
that were drawn up in Weftminfler-hall,
for the fecurity of the pretended High.
Court of Juftice, at the King's trial ; that
upon exhibiting the charge againfl the
King, in the name of all the Commons of
England, a lady ffaid to be the Lady Fair-
fax) cried out, " It was a lie; not a quar-
ter of the people were concerned in it :
Oliver Cromwell was a rogue and a
traitor:" whereupon the court called to
the guard, and Axtel their commander,
ordered fbme of his foldiers to prefent their.
pieces at the lady, and bid her unmafk.
Other witnefTes depofed, that Axtel faid,,
" Down with the whores : fhoot them ;"
that he was more adive than any of t!ie
officers, and flood laughing with liis fol-
diers, and fcoffing aloud when the Kin^:.
urged to be heard -, and when the Kiiig
bid his pretended Judges remember he wai.
their lawful King, Axtel ordered tha fbl-.

Q.q

dier>s

15^

A COLLECTION

diers to cry out, jurtice, juftice! and beat
tbofe that refilled ; and that the laft day of
the trial, he made his foldiers cry, exe-
cution, execution ! A witnefs alfo depofed,
that the prifoner commanded a company of
foldiers in the Banquetting-houfe, during
the King's execution •, and that he was the
man that fent for the executioner. Ano-
ther witnefs teftified, that Axtel faid Hew-
Ict beheaded the King : And Colonel
Huncks made oath, that Cromwell bidding
him (the deponent) fign the order for the
King's execution, and threatening him for
rcfufing it, Axtel faid to the dcponen%
•' I am afhamed of you •, the fhip is now
coming into harbour, and will you Itrike
fail before you come to anchor ?"

Axtel, in his defence, faid, that Huncks
was a perfect ftranger to him, and that he
did not remember his having faid any fuch
words as he had teftified •, that the ftatute
of the 25th of Edward III. on which he
was indiflcd, concerned only private per-
ions, who compafTed the King's death :
But here a war was entered into, an army
raifed by authority of Parliament, who had
declared the militia was of right in them-,
that he adted by commifTion from the Par-
liament's General -, a Parliament called by
the King's writ, chofen by the people, and
by an aft that could not be diflblved but
by their own confent. That this Par-
liament was in being when the King's trial
hilppened, and was not yet legally dif-
fjlved : He conceived, that their authority
was acknowledged at home and abroad,
and the Judges, the interpreters of the law,
aifted by their authority ; and he hoped
this was fufficient to bear him out ; that
what he had done was as a foldier, he de-
rived his power from his General; who had
his from the fountain, namely, from the
Lords and Commons : If he was upon the
guard at the King's trial, it was by the
command of his General, not voluntary :
lit '^as not a contriver, CounfcUor, Par-

O F

r R I A L

or any of

lament-man, or any ot the Judges that
fentenced the King; nor had any hand in
his execution : and if it was fuch an offence
to have a command in the army, Geneial
Monk, and the other Generals were as cri-
minal as he ; and all the people, who afted
by the fame authority in the three nations ;
that if he was guilty of treafon, the Com-
mons in Parliament began the treafon ;
and if the reprefentative body were traitors^
then were the people whom they reprefented
fo too, and there would not be found a
jury to try the caufe. And though it had
been objected to him, that they had de-
ftroycd both Lords and Commons, before
the fa(5t was committed : Ihe commiffion^
which authorized him to obey his General,
was given him while the Lords and Com-
mons fat in Parliament ; and he did but his
duty in being with his regiment in the hall :
It the General had commanded him to take
the poft, he muft have died if he had
refufed ; and it v/as hard he fhould be in
the fame danger when he obeyed.

He ftill inftfted, that he had not advifed,
or compafTed the King's death ; that he
neither fentenced him, nor figned the war-
rant for his execution ; nor was he con-
cerned in the violence put upon the Houfe
of Commons : they were his fuperiors that
put that force upon the houfe ; he was then
an inferior officer : And as to what had
been fworn, concerning filencing the lady,
who made the difturbance, he faid, if the
lady talked impertinently, and he defired
her to hold her tongue, he hoped this was
not treafon ; efpecially as he was com-
manded on pain of death to keep the
peace.

As to the witneflcs depofing he laughed
and fcoffed, while others fighed : He
believed he had as deep a fenfe of what
was tranfadted that day, as others ; but if
he had fmiled, he hoped that was not trea-
fon ; and he hoped it would appear he beat
his foldiers for crying juftice, juftice, and

not

A COLLECTION of TRIALS.

rci

not to make them cry juftice : However, if
he did encourage them to demand juftice,
and execvition, the execution of juftice was
a glorious thing; juftice was one of the
great attributes of God, and the defiring
of it could be no crime. The fending for
the executioner, he abfolutely denied, and
averred he was never at any confultation
about the King's death. This he faid was
managed by Ireton, Harrifon, and Crom-
well, among themfelves : nor could he ever
tell any one that Hewlet executed the King,
being perfeftly ignorant what perfons were
concerned in the execution.

He obferved further, That the words
" juftice and execution," being fpoken
without application to any pcrfon or thing,
were of an uncertain fignificacion, and
might bear a good, as well as a bad con-
ftrudion •, and in favour of life, the bcft
fenfe ought to be put upon them. And
laftly, he infifted that his Majefty had pro-
mil'ed to pardon all that were not excepted
by Parliament, which muft be intended,
he conceived, of a " legal" Parliament,
called by the King's writ, which this was
not, and confequently could not except
him out of the pardon promifed by the
King.

The King's Council, in their reply to the
prifoner's defence, faid, they did not charge
him with what he had done, by virtue of his
commiftion, but with thofe violent acfts of
encouraging the fold'iers to cry for "juftice
and execution ," and thofe other ads, which
manifcfted his malice againft the King :
That he was not indidted for levying war,
but for compafllng the King's death ; and
•he overt-a(fts, above-mentioned, were given
in evidence to prove it : nor could there be
any exrufe for committing treafon •, his
commiffion could not warrant his doing a
treafonable a6t : He was obliged to take
notice whether the authority, by which he
afted, was good or not -, neither did his
commiffion empower him to put the King

to death ; but he was obliged, by the tencr
of it, to preferve him : That thofe very
Lords and Commons, under whom he
would fhelter himfelf, made proteftations
and declarations, and had impofed and
taken oaths, for the prefervation of the
King's perfon, which he could not but take
notice of: he muft remember alfo, that
the army came with their fwords in their
hands to the Houfe, and turned out whom
they pleafed, excluding far the greateft part
of the members, and laid the Lords afide:
after which, forty-fix of the Commons took
upon them to fit, and only twenty-fix
voted that ordinance, which he pretended
to a£t in obedience to : and laftly, that it
was impoftlble to miftake what he meant
by crying for " Juftice and execution :"
Whereupon the jury, after a very fhort
recefs, brought the priibner in " Guilty."

Then Colonel Francis Hacker was
brought upon his trial, and making no
challenges to the jurors, the firft twelve in
the pannel were fworn, after which the
King's council opened the indidment and
produced their witnefles.

Colonel Tomlinfon, depofed. That Co-
lonel Hadker, the priibner,. was one of the
halberdiers that guarded the King at Cot-
ton- Houfe, and from thence to his trial,
before the pretended High-couitof Juftice
in Wcftminfter-Hall : I hat the day ap-
pointed for the King to die, the halber-
diers brought his Majefty through the Park
from St. James's to Whitehall ; that Co-
lonel Hacker, by virtue of the warrant for
the King's execution, ltd him out of
Whitehall to the fcaffold, erccfted before
the Banquetting-houfe.

Mr. Secretary Morrice, and the Lord
Annciley depofed, That the prifoncr Hac-
ker acknowledged be- fore them, that hs
fioned the warrant to the executioner, to
behead the King; but laid, he did not re-
member the name of the man : Another
witnefs depeftd, chrt Colonel Hacker feem-

152 A

«;d to liave the principal command on the

I'caffok!, when the King was beheaded.

The prifoner faid in his defence, That
lie was a Ibldier under command, and what
Jic had done was, by virtue of a warrant
from the High-court of Juftice : that he
did not dehvcr the warrant, or order to the
executioner, or knew who he was , and was
neither counfcilor, abettor, or advifer of
the faft.

But the chief Baron, in his direiftions to
the jury, told them. If the prifoner who
brought the King to. the fcaffold, and who
had the care and management of the bufi-
nefs, and figned the warrant to the execu-
tioner, was not guilty of compafling the
King's death, no man could be faid to be
guiky ; and the jury being withdrawn a
little while, brought in their verdid, that
the prifoner was Guilty.

Then William Hulet, or Hewlet, was
fet to the bar; and the jury being fworn,
the King's council took notice on opening
the evidence, that this was the man in the
frock and vizard, that cut off the King's
head : to prove which, Richard Gittens
was fworn, who depofed, that he and Hu-
let, were fcrjeants in the fame regiment
twelve or thirteen years : that a day or two
before the King was murdered. Colonel
Hewfon commanded eight and thirty fer-
jeants (of which number were the deponent
and the prifoner) to take an oath of fecre-
cy •, which when they had done, he de-
manded if any of them would undertake
to execute the King, promifing a reward
of an hundred pounds, and preferment in
the army, to him that (hould do it : and
every man refufcd •, however, they under-
ilood afterwards, that Hulet accepted the
office : That the day the King was mur-
^k-red, the deponent was one of the guards
drawn up in the Banquctting houfe: that
he got upon the fcaffold, when his Majel-
ty was brought thither, and heard his Ma-
jefly fay to one of the exfcutioners, " Is

OLLECTION OF TRIALS,

" the block faft ?" and Hulet (as the de-
ponent believed) was the man who fell upon
his knees, and afl^ed the King forgivenefs:
The deponent thought it was Hulet by his
fpeech, and the proportion of his body ;
and what confirmed him in that opinion
was, that Hulet was not feen in the regi-
ment that day : but that the executioner,
whoever he was, had a pair of freeze trunk
breeches and a vizard on, with a grey beard;
and Colonel Hewfon ufed afterwards to call
'' Hulet, Father Grey-Beard," as did moft
of the foldiers of the army.

Stammers depofed, that Hulet was Cap-
tain-lieutenant of Colonel Flewibn's own
troop, and that he (the deponent) entering,
iiimlclf in the fame troop at Dublin, about
nine or ten years fince. Hulet fome little
time after, fent for him to his chamber,
and among other converfation told him,
that he cut off the King's head, and had
an hundred pounds for it : but Hulet de-
firing him to name the man, he fent for
him. Stammers laid he could not remem-
ber the man.

Captain Toogood depofed, that in the
year 1650, being in Dublin caftle with
Colonel Hewfon, Hulet the jprifoner came
in, and the deponent obferving an extraor-
dinary familiarity between them, upon Hu-
let's going away, afked Hewfon, who he
was ; and the Colonel anfwered, he had
made him his lieutenant, from a ferjeant :
he was a mettled fellow ; it was he that
did the King's bufinefs on the fcaffold : the
deponent added, that Colonel Pretty alfo"
told him, that Hewfon affured him, Hulet
either cut off the K"ng's head, or held it
up, and faid, " Behold the head of a trai-
" tor :" And that the deponent talking
with Hulet himfelf at Carlow in Ireland,
concerning the execution, Hulet faid, " VV hat
" I did, I will not be afhamed of; if it
" were to do again, I would do it :" That
difcourfing with Hulet at another time,
concerning the King's death, he laid it was

true,

A COLLECTION of TRIALS.

true, he was one of the perfons dif-
^utfed upon the icaffold : and if the
King had rcfufed to kibmit to the block,
there were ftaples fixed in the fcaffbld, and
he had that about him, that would have
compelled him to fubmit : And at another
time Hulet faid, he fliould not deny the
bofincfs of the King's death, call him to
an account when tliey would.

Davis depofed, that drinking at a tavern
jn Dublin with captain Hulet, and aflcing
Iiim, if he too'<. up tlie King's head, and
laid, " Behold the head of a traitor •," Mu-
lct anfvvered, it was a quertion he never re-
lolved any man, though often demanded :
however, it was no matter who faid it, " I
" fjy it now, it was the head of a trai-
" tor."

Lieutenant Colonel Nelfon, depofird, that
difcour^ng with Colonel Axtel, concerning i
the perfon that beheaded the Kjng, Axtel
faid, they would not employ men of mean
fpirits, they did not know ; but pitched
upon Hulet and Walker, two ftout fellows,
their ferjeants •, that Walker gave the blow,
and Hulet held up the head •, and they had
thirty pound a-piece, or thirty pound be-
tween them.

Benjamin Francis depofed, that the vi-
zards were cloathcd alike in woolen frocks,
clofe to their bodies, like butchers ; one of
them had a black beard, and the other a
grey beard and peruke; and tliat Grey-
beard, who cut off the King's head, was
about the fize of Hulet the prifoner ; and
Burden depofed, that Hulet was not feen
among the foldiers, either the day the King
was murdered, or the day after.

The prifoner in his defence faid. He ne-
ver difcourfed with any one of the King's
death, but Stammers ; who charging him
with being one of the vizards, he anfwered,
you do me wrong ; and Stammiers faying
it was a jull a6t, he the prifoner replied,
whether it was fo or nor, he had nothing
to do to juftify it.

Vol. I. No. 7.

He faid further, that he could prove by a
very good token, that he v/as in another
place when the King died \ for he and Ic-
ven or eight ferjeants more were made
prifoncrs that day, becaufe they refufcd
to be upon the fcaftold ; and that he
would prove by forty witneHes, that it
was another man that did the faft, if they
would give him time.

Then feveral witnefles were called on beh
half of the prifoner, and particularly one of
the Sheriff's officers, who depofed, That,
drinking with the common hangman, a
little after the King died, and afl<ing him
if he did the tai5f, the hangman aniwered,
God forgive me, I did it ; and I had forty
half crowns for my pains.

Smith, a waterman, depofed, that as foon
as the blow was given, a file of mufketeers
brought the hangman to the deponent's
boat, and the foldiers faid. Waterman away
with him quickly ; that when he and his
mate had got the hangman fome diflance
from the fhore, they afked him, if it was he
that cut off the King's head, he faid. No, as
I am a finner to God -, and trembled every
joint of him. He faid he was fetched to
Whitehall indeed by a troop of horfe, and
kept clofe prifoner there •, and they had his
inllruments, but he did not do it : That the
deponent thereupon faid, he would fiak his
boat, if he did not tell him true ; but the
hangman perfiftedto deny it with levcra!
proteftations.

Cox depofed. That when the Lord Car
pel was beheaded, he afked the hangman if
he did not cut off his Mafler's head, -^nd
the hangman t»old him yes, and told him,
that was the axe : Whereupon tlie Lord
Capel took the axe and kificd it -, and giv-
ing him five guineas faid. Sirrah, wer't thou
not afraid ? and the hangman anfwered,
they made him cut it off, and he had
thirty pounds for his pains.

Other witnefTcs depofed, they heard the

common hangman acknowledge, he cut off

R r th?

C O L L E C T I

1 54 A

tlic King's head. I'hen the prifoncr dc- {
fired he might have a fortnight's time to '
produce the reft of his witncfies •, but was
told, that could not be granted : And the
jury withdrawing and -debating the matter
a confiderable time among themfelves,
brought in the prifoner guilty, aud tlien the
court adjourned.

The court fitting again at the Old-Bailey
the i6th of Oftober, Edmund Harvey,
Ifaac Pennington, Henry Marten, Gilbert
Millington, Robert Tichburne, Owen Roe,
Robert Lilburn, Henry Smith, John
Downes, Vincent Potter, Auguftine Gar-
Jand, Simon Meyne, James Temple, Peter
I'emple, and Thomas Way:e, were brought
to the bar, and one jury charged with them
all, Mr. Harvey, inilead of making a de-
fence, confefied that he did fit in the pre-
tended Pligh Court of Juftice •, but faid,
he did not fign the warrant for beheading
his Majefty. He produced two witnefles
alfo, who depofed, he endeavoured to pre-
vent the fentence, and that he was under
a great concern when it pafled •, and tender-
ing a petition to the court, that they would
intercede in the behalf of himfelt, his wife,
and thirteen children, the court promifed to
■prefent the petition to his Majefty.

Ifaac Pennington, the feditious alderman,
alfo confclTcd, that he fat in the pretended
High Court of Juftice ; and endeavoured
to excufe himfelt, by alledging, he was
drav/n in by others, and had no malice
againft his Majefty •, and made a merit of
it, that he ablblutely refufed to fign the
■warrant for beheading of him, though he
wa^much importuned to do it,

Henry Marten confefied the faft -, but
faid, he did not do it malicioufly, murder-
oufly, and traiteroully, as was laid in the
indiilment : To which Mr. SoUicitor re-
plied, that Marten thought he might fen-
tence the King to death, and fign a warrant
for his execution, meekly, innocently, cha-
ritaBly and honcftly ; and becaufe he en-

ON OF TRIALS.

deavoured to v/ipe oft' the malice, they
would prove that he did it merrily, and was
in great fport at the time of figning the
warrant tor the King's execution.

Ewer depofed. That being in the Paint-
ed-chamber, the 29th of January, 1648,
when the warrant for the King's execution
wasfigned, he faw Cromwell mark Marten's

face with a pen, and Marten marked Crom-
v/ell's face.

Sir Purbeck Temple depofed, That at a
confult of the Regicides, in the Painted-
chamber, iuft befoie the King's trial, Crom-
well faid, the Hrit queftion the King would
afk, would be, By what authority they tried
him •, and demanded, what anfwer they
flioiild give to it ? and that, after tome
paufe, Marten the prifoncr faid, '• In the
name of the Commons in Parliament affem-
bled, and all the good people of England-, "
which was the anfwer afterwards made to
his Majefty, in their mock- court in Weft-
minfter-hall.

Marten, in his defence, faid, that accor-
ding to the little law he had, no faft could
be a crime in itfelf, but as it was circum-
ftantiated ; and that his being in fport
when the warrant was figned, did not im-
ply malice : That the commifTion they
afted by, was in the name of the Commons
aflembled in Parliament, the then fupreme
authority : And he that gave obedience to
the fupreme power de fii^o, whether it was
fo de ji'.fc, or not, might be deemed of a
peaceable difpofition, and was far from be-
ing a traitor. That the ftatute of Henry
Yir. indemnified thofe that were in
arms for a King de fatlo : And if the fu-
preme oSicQV de fiino might juftify a war,
he prefumed the fupreme authority of £.ng-
land miglit juftify the erefting fuch aju-
dieat^ire, though it was but an authority ^c
fa^o. And as to the objcdlion, that it was
but a third eftate, and a fmall part of that j
yet it was all that was extant ; and he heard
lawyers fay, Where Commons were appurte--

nant

A COLLECTION of TRTALS.

nant to a tenement, and tlic tenement burnt
down, fe that only a fmall ftick remained,
the Commons belonged to that one ftick,
as if the v/hole tenement was ftanding ; that
the King was not then fuch a King, whole
peace, crown, and dignity, were concerned
in public matters ; he was not then in the
execution or' his office, but aprifoner; he
the priibner, had then, as now, a peaceable
difpofition, and reiblution to fubmit to the
government that God had let over him. He
thought his preicnt Majefty's title the belt
unde-n heaven -, for he was called in by the
repfeicntative body of the nation ; and
whether his life were long or ihort, he fhould
always pay obedience to him. He confef-
fed, he did adhere heartily to the Parlia-
ment's army ; and his life was at the King's
iiiercy, and if the King pleafed to give him
his life, he fliould lie under a double obli-
gation to his Majefty : and concluded with
obfcrving to the jury, that it was as much
the inierirll of the crown, that the innocent
fliould be- acquitted, as the guilty con-
demned.

Then Mr. Sollicitor having fummed up
the evidence, laid, Gentlemen of the jury,
what does the prifoncr fay, in his defence,
more than this i" Thefaft I have committed
is fuch, that I durft not call it innocent ;
but would have you believe it fuch. Was

r^r

his offence ; but faid he had no more ma"
lice againllhis Majefty than againft the wife
of his bofom ; that he v/as ignorant of the
law, &c, and begged for mercy.

Owen Roe, confelled his fitting in the
mock-court of Juftice, and fjgning the war-
rant for the execution ; but faid he was an
ignorant tradefman, led away by others ;
and threw himfelf at the King's mercy.

Robert Lilburne acknowledged his guilt,,
but urged ignorance in the laws as his ex-
cufe.

Henry Smith confefted the crime alfo,

and ftid he was over-awed by the powers

then in being ; and begged the court would

be mediators for him to his Majefty.

I Then the Lord Chief Baron fummed up

' the evidence, as to Harvey, Pennington,

; Marten, Milllngton, Titchburn, Roe, Lil-

! burn, and Smith •, and thejury found thenv

i all guilty.

After which John Downes was brought
to the bar, who acknowledged his fitting iai
the pretended High Court of Juftice ; buc
faid he was thrult into the number of the^
King's judges, and was never at any con-
fultation about the matter ; that it was he'
that moved lb paffionattly, the King might
be heard before the Parliament, and cauled
the court to be adjourned ; whereupon'
Cromv/ell ftormed, and faid, fure Downs-

it your intention, gervtlemen, that the King j did not know, that they had to do with
fhould be tried as the prifbner moved ? It I the inoft hard-hearted man upon earth :
will concern you, therefore, to declare, that ! Tliat it was not fit the court fhould be in-
ihe people of England do abhor thefe fads j terrupted by one peevifli fellow ; that the:
atid principles; all that the prifoner has i bottom of it was, he would fain fave his-
faid is, that there was an authority of his j old mafter, and threatened him fevercly.
own making, whereby he becomes inno- | Upon which the Lord Chief Baron ob-
ccnt •, but we hope out of his own mouth jferved. That notwithftanding tlicfe con-
you will find him guiky. I virions, the priibner proceeded to fign tha

Gilbert Millington confefted himfelf | v/arrant for beheading the King,
guil*y;t'but faid in his excufe, that he was Vincent Potter confeffed his fitting in the
ovcr-liWcd by the then powers ; and pre- ' pretended court, and figning the wanant ;.
ferreti'a jictition ior mercy, which' was ac- | but faid he v«'as not concerned in the con-
cepted. • 3.'. I i j trivance •, and threw himfelf upon the.

^ROben Titchburn alfo acknowkdgcdl King's mercy.

Anguftinc-

A COLLECT 10

Garland confeflcd his fitting
and figning the warrant for

-a§6

Aiiguftinj
in the court,
the execution.

The King's counfel anfwered, thcj- would
not accept his confeflion, for they would
prove that he was one of the men that fpit
in the King's face ; whereupon Clench was
fworn, and depofed, that on the d^>v of the
fcntcnce, when they were hurrynig the
King away, Garland came by, and ipit in
liis Majefcy's face ; and tire witnefs being
aflced, if he did it on purpofe, anfwered,
" I fuppofe he did it fomewhat fufpicioufly
in that way :" Garland replied. He did not
know he was near the King, (which feems
to admit lie did it, whether accidentally, or
not) -, and if he was guilty of that iniiuma-
nity, defired no favour of God Almighty.
He contcfled, however, that he was in tlie
<:Jiair, when the a6t pafied for trying the
King ; but faid, he was forced into it ; and
what he had done was out of fear of the
powers then in being ; that he never had
any malice againft his Majeily, or fhewed
any dilrefpetl to him or his friends.

Simon Meyne alio confefied his fitting in
the court, and figning the warrant for the
King's execution •, but faid he was under a
force, and threatened in cafe he refufed.

James Temple made the fame confcfllon,
and tendered a petition for mercy.

Peter Temple made the like confefTion -,
but pretended he had no malice in his heart
againft the King.

I'homas Wayte confefled his fitting in
the court, and ligning the warrant for be-
headi.ng his late Majefty ; but faid he was
ikawn in and trepaned •, and offered a pe-
tition to his Majefiy and both Houfes of
Parliament for meicy, which was accepted.

William Haveningham confelfed his fit-
ting in the pretended court -, but Hiid he was
under a force; and that he did, however,
retufe to fign the warrant for lummonin"
the court, and for the King's execution;

r. TRIALS.

and begged the court to intercede for him
to the King and Parliament for mercy.

Th.cn tlif jury withdrew, and in a little
time returned with iheir verdidt, that John
Downes, Vincent Potter, Auguftine Gar-
land, Simon iVleyne, James Temple, Peter
lemple, Thoma^. Weyte, and William
Haveningham, were ail guilty.

After wliich; Sa Hardrefs Waller, Fleet-
wood, Hacker, ilxtcll, Hulet, Penington,
Matten, Millingion, Titchburne, Roe, Lil-
burn. Smith, and Harve}, being called to
judgment, the Lord Chief Baron acquaint-
ed them, 7 hat althou!.'Ji he was to pafs
fentence of deatli upon all ; yet as to all but
three of them execution was to be fulpcnd-
ed, till another adl of Parliament fhould pafs
for that purpofe ; and as to Mr. Havening-
ham one of the tliree, he thought no order
would fuddenly be given for his execution ;
but as to Axtel and Hacker, he faid there
was no room for them to hope for mercy.

The Lord Chief Baron's Speech before the
Sentence pronounced againft the afore-
named Prifoners found Guilty.

YOU that are prifoners at the bar, you
ftand here in fcveral capacities, yet all of
you perfons convifted of the deteftable and
execrable murder of our Sovereign Lord
King Charles the Firft, of blefled memory.
Miftake me not, I do not fay that you are
all of you guilty of executing the faft, but
in law, and in confcience, (/)ro tan/o, thouo-h
not pro toto,) you are guilty of it, in that,
you prepared the way and means to it, in;
that you brought his head to the block,
thougli you did not cut it off. You are
here in three forts, and I muft apply my
words accordingly; and truly I do it with
as much forrow of heart as you have, many
of you being perfons of liberal education,
great parts ; 1 fay you are of three forts.
There are fome of you, that though the
judgment of death Is to pafs againft you,

A COLLECTION of TRIALS.

157

by Iiis Majefty's grace and favour, and the
mercy under him, of the two Houfes of
Parliament, execution is to be fufpcnded
until another a6t of Parliament fliall pafi to
that purpofe, that is, all of you but three ;
for thole three, the one of them that was
laft called, William Heveningham, he is
in another capacity too ; for I prefum,e
Ibme time will be given to him, to confider
of fomething relating to him, before any
order ibr his execution ; there are two
others of you, and that is Daniel Axtell
and Francis Hacker ; and for you, as it
yet Hands before us, there is no mercy,
there is no room for it: But though you
be in thefe feveral clafles, yet what I fbali
fay Avill concern you all, becaufe I do not
know how it may fall with you ; none of
lis knows how foon we may come to bur
deaths, fome (probably) fooner than others-,
all muft come to it : You are now before
the tribunal of man, but that is for judg-
ment for your offence here, but there is
another judgment hereafter, and a tribunal
before which both you and we muft ftand,
every man here, and we muft receive ac-
cording to our work •, thofe that have done
ignorantly, by a ferious and unfeigned re-
pentance God Almighty may fliew mercy
unto them. He hath referved mercv even
for the greateft offenders. St. Paul himfelf,
when he perfecuted Chrift ignorarrtly, upon
his repentance he found mercy •, thole of
you that are not yet convifted in your con-
sciences of the foulnefs of this horrid faft,
look into your confciences a little more,
and fee if it be not a great judgment for
your former offence, that you fliould be
given over to a reprobate fenfe ; let me tell
you, a feared conlcience, a bold confidence,
not upon good grounds is fo far from
fecuring the confcience, it may ftifle per-
haps the mouth of confcience, but it will
rife up more in judgment againft you.
Here you have made your defence, aiid I
do not blame you for it; life is precious,
Vol. 1. No. 7.

bur reniembcr the thoughts of your hearts
are open ; whether you did it ignorantly,
covetoudy, or to get the government ijito
your own hnnds, that 1 am not able to
fearch into, God and you only know that ;
give me leave to fay fomething, perhaps I
have repeated it by parts before-, God is
my v/itnefswhat I fpeak I fpeak from mine
own confcience, and tliat is this, gentle-
men, becaufe I faw it ftuck with fome of
you, that is, that whatfoever the cafe was,
that by the laws of thefe nations, the fun-
daniental laws, there could not be any
coercive power over your King. I fpeak it
again, becaufe I would as near as I could
fpeak the v/hole truth, and would not
midead any man in fuch a cafe ; remeniber
that no power, no perfon, no community
or, body of men, (not the people, either
colleftively or reprefexitatively) have any
coercive power over the perfon of the King
by the fundamental laws ; for that, gentle-
men, I lliall begin to fliew you that which
all of jou might remember, that is, your
oaths of allegiance and fupremacy, and to
add to this that obligation which ail this
whole nation did oblige themfelves to, by
the Parliament, without queftion then
rightly reprefented, and in being, the nrft
of King James -, whereby to fliew you, that
not only perfons, but the body politic of
the nations, not only the fingle members,
but the members in both Floufes of Par-
liament, were loval and obedient fubjefts
to the King, their head, even to yield a
natural and humble obedience and alle-
giance. I told you the a6t of the i ft of
King- James, when King James came firft
into England, We die Lords and Com-
mons reprefenting the v/hule people of the
nation, (the very words of the afts are fb
jyrrmo "Jacobi^ chap, x.) reprefenting the
whole body of the nation, do acknowledge
an humble and natural liesJe obedience to
the King as fupi-eme, his heirs arid fuc-
ceffors ; and in the name 'of themfelves,
S f and

A COLLECTION of TRIALS.

and all the people, humbly fubmit tkcm-
fdves unr.il the Lift drop of their blood be
fpcnt in defence of the King and his royal
poitcrity •, and therefore they did oblige
themfelves and all the people of England,
as far as they could reprefent them (the
words are more full than I can exprefs
theiri) and indeed it is fo dark 1 cannot
read tliem ■, they did acknowledge to be
bound to him and his imperial crown.
Kemember thefe were not words of com-
plement-, you fnall find that they all of
them, and fo did fo many of you as are

fwear that the King is the only fupreme
governor of this realm ; and you fwcar
there that you will defend all jurifdidlions,
privileges, preheminences, and authorities,
"eranted or belon^in;^ to the King's hic-li-
nets, his heu-s, and lUCcefTors, or united
and annexed unto the imperial crown of
this realm. For the firft, if the King be
fupreme then there is no. co-ordination.
Ntn habet major em^ non hahet -par em ; that
word (imperial crownj is at leaft in nine oc
ten feveral ftatutes ; it is the very word in
this ad: that was made lately in purfuance '

members of Parliament, yea, all of you, of former acls concerning judicial proceed-
before you came into the Hcufe of Com- i ino-s. And fo in the time of King Ciiarles,
n-ions, did take the oath of allegiance, | jhey acknowledged him to be their liege fo-

vereign ; 1 fay that word Supream, and fo the
word " Imperial Crown," is in the firfr of
Queen Elizabeth, the third and eighth of Eli -
zabeth, the twenty-fourth of Henry Vill.
cap. 12. there it is faid this kingdom is an
" Imperial crown, fubjeft to none but God
Almighty." Before thefe times you fiiall
find in the i6th of Richard II. the Statute
of Fncmunire, the crown of England fub-

which was made after this recognition, th<;

third and fourth of King James, or other-

v.ifc were not to be members. What was

that oath of allegiance that you took r It

was, that you fliould defend the King, his

perfon, (that is in the 3d of Jacohi, chapter

the fourth) his crown and dignity : What

was it ? Not only againft the Pope's power

to depofe,- but the words are, or othcrwife ;

look into the aft, and refleft upon your i ]eft to God alone. I will go higher, Wi!

own confcience, and you fhall find that all
did fv.^ear to defend the King, his crown
and dignity, and there it is called imperial
crown. I v/ould have you lay this to heart,
and fee how far you have kept this oath :
Gentlemen, in the oath of fupremacy,
v/hich you all took therein, you did further

iiam Rufus, (fome of you are hiftorians,
and you Ihall find the fame in Eadmerus,
and alio in Matthew Paris, fliortly after
William Rufus his time) when he wrote to
the Pope he challenged, and had tlie fame
liberty in^this kingdom of England, as the
Emperor had in his empire ; (iniflake me
■acknowlege that the King was the only | not, I I'peak only as to the perfon of the

fupreme governor of this realm : Mark the
words, I will repeat them that you may lay
it to heart -, you that have more time to
apply it to your faft •, and you that have
tefs time, for ought I know, you have
reafon to confider what I have to fay j you
fwear then, that the King, by the oath of
fupremacy, which all of you have taken,
or ought to have taken •, if any of you have
not taken it, yet notwithftanding you are
not abfolved from the obligation of it ; but
moft of you did take it; there you did

Kino-) I do not meddle of rights between the
King and fubjefts, or fubjeft and fubjeft ;
you fee in this cafe concerning the death of
his Majefty's dear father, and our blefled
Sovereign, of happy memory, he doth not
judge himfelf, but according to law; that
which I affert is as to the perfon of the
King, which was the privilege of Empe-
rors, as to their perfonal privileges, if he
had offended, and committed an offence,
he was only accountable to God himfelf.
I will come back to what I have faid ; you

fwore

A COLLECTION

fvvore to be faithl'ol to the King as fii-
preme. The King of Poland hath a crown,

OF TRIALS.

hue ;U his oath of coronation it is condi-
tioned wicli the people, that if he Ihall not
f^overn according to fuch and fuch rules,
tiiey fiiall be frc^d from their homage and
allegiance. But ic differs with our King,
for he was a King before oath. The King
takes his oath, but not upon any condition ;
this I fhew you, to let you fee that we have
np co-crcive power againft the King. The
King of England was anointed with oil at
his coronation, which was to fliew that ab-
lokue power, (I do not fay of government)
but of being accountable to God for wiiat
lie did : the law faith, The King doth no in-
jury to any man ; not but that the King
may have the imbecilities and infirmities of
other men, but the King in his fingle per-
ion can do no wrong : But if the King
command a man to beat me,. or to diffeize
me of my land, I have my remedy againft
the man, ' though not againft the King.
The law in all cafes prefervcs the perfon of
the King to be untouched •, but what is
done by his minirters unlawfully, there is
a. remedy againft his minifters for it ; but

iS9-

cer ; and the other is in i Edward III.
upon the Roll. My rnafters, in the firft of
Henry the Seventh, you Ihall find it in the
printed Seven Books, he faith, " Tfiat as
to the regality of his crown, he is imme-
diately fubicdt unto God." Mark the doc^
U'ine of the church of England, Gentle-
men ; I do not know with what fpiric of
equivocation any man can take that oath of
fupremacy : You fhall find in the Articles
of the church of England, the laft but
one or two ; it is that article which fets
forth the dodrine of the church of Eng-
land ; they fay, that the Qiieen, and fo
the King, hath the fupreme power in this
realm, and hath the chief government over
all the ertates of the realm ; the very words
are fo -, this was fhortly after making the
afl ; the articles were in 1652, and (lie
came in 1558, or 1559 ; it is to Ihevv you
the King hath the chief government over
all the eftates within the nation ; and if
you look upon it, you Iliall find it was not-
only the judgment of rhe Church, but of
the Parliament at the fame time. They did
confirm this article fo far, that they ap-
pointed that no man fliould take, or be

in this cafe, when you come to the perfon capable of a living, but thofe that had taken

of the King; what do our law-books fiy
he is ? They call it. Caput reipublic<f,falus
pcpuli, the Lieutenant of God, and let me
tell you, there was never fuch a blow given
to the church of England, and the Pro-
teftant religion. There was a cafe, and
that of the Spencers, you fliall find in the
7th Report of: the Lord Cook, in Calvin's
Cafe, that homage is due to the King in
his politic capacity •, and then they made
this damnable inference, that therefore if
the King did not demean himfelf as he
ought, that he (hould be, reformed, pure
afpei'lee, by afperity, fharpnefs, or impri-
fonment : but thefe were condemned by
two adls of Parliament in print, that they
could not do that even in that cafe ; one
was called the bani.Qiment of Hugh Spen-

that oath. God forgive thofc minilters
that went againft, it. The Queen, and the
Church, were willing that thefe fhould be
put into Latin, that all the world might
fee the confeffion of the church of Eng-
land, and of the people of England ; you
may read it in Cambden : I have told you
how, and wherein, the chief power con-
fifteJ •, not in refpedt.the King could do
what he would •, no, th.e Emperors them-
felves did not challenge that, but this they
challenge by it, that they were not account-
able to man for what they did : No man
ought to touch the perlon of the King •, I
prefs it to you in point of confcience -, you
fee in the fcripture, in Plalm 51. the Pfalm
of Mercy, whereby we aflc pardon of God
for our great offences ; 1 think none of

you.

COLLECTION of TRIALS.

i6o A

you in this condition but will' join in this;
you know the adultery and murder that
David committed, tins penitential pfalni
was made for that ; what doth he lay ?
" Againft thee, thee only have I finned,
&c." tihi foil peccavi domine % not becaufe
he had not finned againft man, for 'tis
plain he had finned both againft Bathflieba
and Uriah too •, but becaufe he v.-as not
liable to the tribunal of man, he was not
bound or accountable to any man upon
earth. And now, my matters, I beleech
you confider, that fome of you for ought
I know fucidenly, and fome of you, for
ought I know, not long after, all of us,
we do not know how foon, mult come to
make a rioht account to God or what we
have done. After this lite you enter into
an eternity, an eternity, an eternity of hap-
pinefc, or woe -, God Almighty is merciful
to thofe that arc truly penitent-, the thief
upon the crofs, and to all that are of a
penitent heart. You are perfons of edu-
cation, do not you go on in an obllinatc per-
verfe courfe, for fliame of men, even this
(hame which you now have, and which you
may have when you come to die ; a fanc-
tified ufe may be made of it •, you pay to
God fome part of that punifnment which
you owe to him for your fins. I have no
more to fay, but the next thing I have to
do, is to give the fenrence, the judgment,
which truly I do with as unwilling a heart
as you do receive it. You priloners at the
bar, the judgment of the court is this, and
the court doth award, That you be led
back to the place from whence you came,
and from thence to be drawn upon an
hurdle to the place of execution, and there
you fhall be hanged by the neck, and be-
ing alive fhall be cut down, and your privy
members to be cut off, your entrails to be
taken out of your bodies, and (you living)
the fame to be burnt before your eyes, and
your heads to be cut off, your bodies to be
divided into four quarters, and heads and

quarters to be difpofed of at the pleafure
of the King's Majefly, and the Lord have
mercy upon your fouls. -

Court adjourned till Friday morning fe-
ven a clock, when fentence was pronounced
againfi: Sir William Heveningham.

Of all the P..egicides, there were but ten
executed about this time, viz. Harrifon,
Carew, Cook, Peters, Scot, Clement,
Scroop, Jones, Hacker, and Axtel ■, as to
Hulft, who v.as charged with cutting; off
the King's head, the evidence was held de-
ficient.

Harrifon was executed at Charing Crofs
on the 13th of October ; Carew on the r5th
of the fame month •, Ccok and Peters on
the 1 6th-, Scot, Gregory, Clement, Scroop,
and Jones on the 17th, all at Charing-
Crofs -, but Axtel and Hacker were executed
at Tyburn the ijth inftant.

Moll of them died impenitent, and glo-
ried in the murder of their Sovereign.
Harrifon cried out as he v/as going to exe-
cution, " That he went to fuffcr in the
moft glorious caufe that ever was in the
world ; and that there was more of God
in it than men were aware of." Carew de-
clared, " That what he had done was of
the Lord -, and if it were to be done again,
he would do it." . Cook, v.'hile he Hood
upon the ladder, faid, " The molt glori-
ous fight that ever was feen in the world
was, Jefus Chrii't upon the crofs ; and the
moft glorious, next to that, was, to fee a
poor creature fuffer in his caufe-, and that
he believed an army of martyrs would
willingly come from I.eaven to fuffer in
fuch a caufe as he fuffered for." Hacker
faid, " If he had a thoufand lives, he would
lay them all down for the caufe." And
Axtel " thanked the Lord, no guilt lay
upon his confcience." But fome of them,
it is faid, had railed themfelves to this
pitch by ftrong-waters -, and Hugh Peters
Was very drunk, when he was drawn- to
his execution ; which occafioned Cook,

who

A COLLECTION of TRIALS.

i6]

who fuffered witli him, to fay, " Here is
a poor brother, that I am afraid is not fit
to die at this time." Only Scroop and
Jones difcovered any remorfe, or behaved
with tolerable decency ; but Scroop, it
feems, prayed for the King ; and the
other acknowledged the juiiice of their
fentence.

The bodies of fome of the pricipal re-
gicides alfo, that died before the reftora-
tion, viz. of Cromwell, Bradfliaw, Ireton,
and Pride, were taken out of their graves,
and dragged on hurdles to Tyburn, where
they were hanged up, from ten in the
morning till fun-fet, and then buried under
the gallows.

An a6l alfo pafTed, to attaint nineteen of
the regicides that fled from juftice; and to
confilcate the eftates of thofe that died be-
fore the reftoration.

The eftates alfo of the Lord Mounfon,
Sir Henry Mildmay, and Mr. Wallop, who
had been pardoned, as to life; with the
eftates of Sir James Harrington and John
Phelps, not then apprehended, were alfo

■confil'cated ; and the Lord Mounfon, Sir

•James Harrington, and Sir Henry Mild-
may, were degraded from their honours
and titles, and drawn upon fledges, with

■ropes about their necks, from the Tower
of London, to the gallows at Tyburn, and
from thence to the Tower again, on the
27th of January, 1661. And it was en-
aifted, they fliould remain prifoners for

•life i but they had fuch powerful mediators
at court, that they were not long after re-
leafed out of prifon, and great part of their
eftates reftored them : and fuch was the

•gratitude and ingenuity of Mildmay, for
all this grace, that he became one of the
mort implacable enemies King Charles II.
had ; which his Majefty took notice of,

Vol. I. No.

T t

when he came to prefent him with a fedi-
tious addrefs afterwards.

But before the laft mentioned acV, for
infli'iling pains and penalties on thcfe and
the reft of the regicides, was made, thofe
who had been condemned and reprieved,
being brought to the bar, and ordered to
fliew caufe why judgment ftiould not be
executed upon them ; they anfwered, that
they had furrendered themfelves, upon his
Majefty's gracious declaration from Breda,
and tlie proclamation afterwards publiflied,
by the advice of both Houfes of Parlia-
ment, to render themfelves; being advifed
that they would thereby iave lives ; and
humbly craved the mercy of the two
houfes, and their mediation to his Majefty :
to which, it is faid, that infamous droll
Harry Marten added, " That he had never
obeyed any proclamation before ; and he
hoped he Ihould not be hanged for taking
the King's word now.

And they were fo fortunate, that the
bill, that was brought in for their execu-
tion, was dropped at the fecond reading,
whereby their lives were faved.

Three of the regicides who had fled
from juftice (viz.) Miles Corbet, Colonel
John Okey, and Colonel John Berkftead,
were afterwards apprehended in Holland,
at the inftance of Sir George Downing,
(his Majefty's Refident to the States in the
year 1662) and fent over to England; and
having been outlawed for high-treafon, a
rule was made by the court of King's-
Bench, for their execution at Tyburn.

Thefe were the laft of the regicides that
were punifl-)ed capitally ; and it was ob-
ferved they died very penitent, exhorting
the people to fubmit to his Majefty's go-
vernment.

The

l62

A COLLECTION of TRIALS.

The Proceedings between Lady FRANCES HOWARD and ROBERT
Earl of Efftx, before the King's Delegates, George Archbifliop of Canter-
bury, |ihn bifiiop of London, Lancelot Bidiop of Ely, Richard Billiop of
Litchfield and Coventry, Dr. Caefar, Thomas Parrey, Dr. Donne, John Ben-
net, Francis James, and Thomas Edwards ; authorized under the King's
Broad-Seal.

The Allegations.
I. '"p' H A T flic, at the time of the
-»- marriage, was thirteen years old,
and is at this time twenty two or twenty
three.

II. That fhe and Robert Earl of Efiex
were married by public rites and ceremo-
nies of the church, in January, i6o?.

, III. That the aforelaid Robert, at the
time of the pretended marriage, was about
fourteen, and is about twenty-twoor twenty
three at this time ; and ever fince, and at
this prefent, is a man (as far forth as a man
may judge) and hatli been in good health,
and perfcd eftate of body, not any way
hindered by any ague or ficl^nefs, but that
he might have carnal copulation with a
woman.

IV. That fince the pretended marriage,
at leaft by the fpace of whole and con-
tinuate three years after the faid Robert had
fully attained the age of eighteen years, as
time and place did ferve, after the fafliion
of other married folks, the faid Frances
Howard in hope of lawful ilTue, and de-
firous to be made a mother, lived together
with the faid Robert, at bed and board,
and lay both naked and alone in the fame
bed, as mairied folks ufe : And defirous
to be made a mother, from time to time,
again and again, yielded herfelf to his
power, and as much as lay in her, offered
herfelf and her body to be known ; and
earneftly defired conjundlion and copu-
lation.

V. And alfo the faid Earl, in the fame time,
very often, again and again, did try to have
copulation^ as with his lawful wife, which
fhe refufcd not, but ufed the bell means
fhe could : notwithftanding all this, the
faid Earl could never carnally know her,
nor have that copulation in any iort which
the married bed alloweth.

\T. Yet before the faid pretended mar-
riage, and fince, the faid Earl hath had,
and hath power and ability of body to deal
with other women, and to know them car-
nally, and fometimes hath felt the motion
and pricks of the flefh carnally, and tend-
ing to carnal copulation, as he faith and
believeth ; and peradventure, by a perpe-
tual and natural impediment hath been
hindred ail the former time, and is at this
prefent, that he can have no copulation
with the faid Lady Frances.

VII. Furthermore, the faid Lady Frances
hath been, and is fit and able to have co-
pulation with a man, and fuch a one as
may be carnally known -, neither hath in
this regard, any impediment.

VIII. Moreover, the laid Lady Frances
remaineth, and is at this prefent, a virgin.
Alfo at the time of the pretended mar-
riage, the faid Lady Frances w.-5s unac-
quainted with the Earl's want of ability
and impediment, formerly mentioned.

IX. And furthermore the faid Earl, long
before this fuit commenced, hath very
often, and at fundry times confelTed in
good earneft, before witnelTes of good cre-
dit.

A COLLECTION

TRIALS.

163

dit, and his friends and kinsfolks, that al-
though he did his beft endeavour, yet he
never could, nor at this time can, have
copulation with the laid Lady Frances, no
not once.

X. And laftly, in regard of womanifh
modefty, the Lady Frances had concealed
all the former matters, and had a purpofe
ever to conceal them, if Ihe had not been
forced through falfe rumours of dilobe-
dience to the laid Earl to reveal them.

She requireth, fince this pretended ma-
trimony is but a fa£l, and not in right, it
may be pronounced, declared, and ad-
judged as none, and of none efFe6t ; and
fhe may be quit and free from all knots
and bonds of the fame, by your fentence
and authority.

The Earl of Effex replieth, July 5, 1614.

To the firft and fecond he anfwereth af-
firmatively.

To the third, he thinketh that at the
time of his marriage, he was full fourteen
years, and is now twenty-two and up-
wards, neither fince hath had, or hath any
ficknefs or impediment to hinder him, but
that he might have had copulation with a
woman, faving in the time of his ficknefs
of the fmall-pox, for two or three years
after his marriage, which continued for a
month or fix weeks, and at another time,
when he had a few fits of an ague.

To the fourth, he affirmeth, that for one
year he divers times attempted ; that the
two other years, when he was willing, fhe
fliewed herfelf Ibnietimes willing, but other
times refufed, and he lay in bed moft com-
monly with her, but felt no motions or
provocations, and therefore attempted the
firft year.

To the fifth, he anfwereth, that he never
carnally knew her, but found not any
defeft in h«ilclf, yet was not able to pe-
netrate in her womb, nor enjoy her.

To the fixth, he believeth, that befor^
and after the marriage, he hath found an
ability of body to know any other woman,
and hath oftentimes felt motions and pro-
vocations of the flefh, tending to carnal co-
pulation ; but for perpetual and natural
impediments, he knoweth not what the
words mean ; but that he hath lain by the
Lady Frances two or three years laft paft,
and had no motion to know her, and he
believes never Ihall.

To the feventh, he believeth not that
the laid Lady Frances is a woman able and
fit for carnal copulation, becaufe he hath
not found it.

To the eighth and ninth, he believeth
them both to be true, and thinketh that
once before fome witnelTes of credit, he did
fpeak to this purpofe, " That he often-
times had endeavoured carnally to know
her, but that he did not, nor could not."

Doubts conceived out of the Fa£V and Pro-
cefs in the Suit between the Lady Frances.
Howard, and the Earl of Eflex.

1. Whether the libel be defeftive, efpe-
cially in the fourth article, where it is faid,
that Dominus Comes EJfex pluribus &? iteratis
vicibus (which may be verified and fatisfied
in two or three times) di£lam aominam Fran-
cifcam ejus uxor em pratenjam cognofcere ten-
tavit, &c.

2. Wliether the anfv/er of my Lord of
EiTex to the fiid fourth article in that
behalf, being but thus. That he did divers
times attempt, &c. be full, certain and
fufficient.

p,. Whether in this cafe my Lord of
Ell'ex his oath (cum 7 manu propitiquorum)
be not by law requifite, as well as my
Lady's.

4. Whether my Lord of EfTex would be
infpefted by phyficians, tb certify (fo far
as they can by art) the true caufe and
nature of the impediment.

5. Whether.

-164 A

5. Whether

COLLECTION of TRIALS.

by triennial cohabitation,
there having been no carnal copulation
between them {Impedimentum malcfiiii being
accidental) pricfumatur pviecejfijfe vel potjus
fubfeculum fuijfe mat"rimonium contratliim ijf
folemnizatum.

6. Whether they ought fojl pr^eceptum
Judicis (notwithltanding their triennial co-
habitation before the fuit begun) to co-
habit together, faltem per aliqiiod lemporis
Jpalium arbitrio judicis nwdaandum, for
further tryal, &c.

His Grace's Arguments.

The Lord

Archbifiiop's

Majefty.

Speech to his

Inafmuch as we firmly believe, that the
Scripture doth direftly, or by confcquencc,
contain in it iufficient matter to decide all
controverfies, efpecially in things apper-
taining to the church, as that marriage
am.ong Chriflians can be no lefs accounted
than a lacred thing, as being inftituted by
God himfelf in paradife, honoured by the
prefence of our Saviour himfelf, declared
by St. Paul to be a fign of the fpiritual con-
junftions between Chrift and the church.

I would be glad to know, and by what
.text of Scripture, either by the Old or New
Teftament, a man may have a warrant to
make a nullity of a marriage folemnly ce-
lebrated. Propter maleficium verfus banc.

Which I do the rather afl<;, becaufe I
find warrant exprefsly in the Scriptures to
make a nullity of a mamage propler frigi-
ditatem, by the words of our Saviour,
Mat. 19, ver. 12. " For there be fome
chafte, or eunuchs, which are io born of
their mothers belly, and there be fome
which are made chafte of men, and there
be fome which have made themfelves chafte
for tlie Kingdom of heaven."

I would alfo know gladly what antient
father amongft the Greeks or Latins by oc-

cafion of interpretation of Scripture, or any
difputation, hath mentioned maleficium ver-
fus banc.

The like I demand touching ancient
councils, either general 01^ provincial, and
concerning flories ecclefiafcical, whether
any fuch matter be to be found in them.

If for ought that appeareth never men-
tion was made of this, till Hircanus Rhe-
mifis EpifcopHs, who lived four hundred
years after Chrift ; it may well be con-
ceived that this was a concomitant of dark-
nefs or Popifli fuperftition, which about
that time grew to fo great an height, (God
permitting them) that punifliment might
fall upon the children of unbelief.

But fince tlie light of the gofpel is now
in fo great a meafure broken forth again,
wiiy fliould not I hope that thofe, who
have embraced the gofpel, Ihould be free
from this maleficium ; efpecially fince
amongft a million of men in our age, there
is but one found in all our country, who
is clearly and evidently known to be trou-
bled with the fame ? and if there ftiould be
any which fliould fee.m to be molefted

are

taught to

ufe two remedies, the one
temporal phyfic, the other eternal.

For the firft, our Saviour faid, boc genus
diemoniorum non ejicitur, nifi per orattonem
& jejunium : and St. Peter fpeaking of the
Devil, Cui refiftite firme in fide ; and the
canonifts themfelves prefcribe alms, fafting
and prayer to be ufed in this cafe; but that
they join fupplication and their exorcifms
thereunto, and for corporeal medicine to be
applied therewith as againft a difeafe -, fo is
the judgment of our late divines, whether
they fpeak of maleficium or not.

Now admit the Earl of EfTex might be
imagined to be troubled with maleficium
verfus banc \ I demand what alms hath been
given, what fafting hath been ufed, and
what prayers have been poured forth to
appeafe the wrath of God towards him or
his wife; or what phyfic hath been taken

A C O L L E C T I O N of TRIALS.

or medicine hath been applied for three
years together ? Not one of thefe things :
but the firft hearing muft be to pronounce
^ nullity in the marriage, of which decla-
ration we know the beginning, but no
mortal man's wit can forefee the end, either
in his perfon, or in the example.

Then the Archbifliop for confirmation of
his opinion, fliewed the teftimony of Me-
landhon, Pezelius, Hemjngius, Polanus,
Arcularius, Beza, Zanchius.

Judicium Phiiippi Melanfthonis de divor-
tiis ex impotentia.

. Perfonje quje non funt idonece ad com-
jnixtionem conjugalem nequaqam fiuntcon-
.{uges, fed cum explorata, eft frigiditas. Ju-
dex pronunciet illas perlonas liberas effe.
Nee fit tunc divortium, quia non erat con-
jugium, juxta diftum, Mat. 19. fed fit de-
tiaratio, ut alii fciant, illam ibcietatem non
;cfle conjugium, & pcrfons qufe,habet na-
tural vires integras, cnncedi aliam tielicio-
lein copulationem legiiimam. Sed ad ex-
plorandam frigiditatem Jura tempus con-
ibituunt, fi res dubia ?ft, ne ante triennium
iiat fejunrtio. Eodem modo pronunciant
de iis in quibus natura ita-rljefa eft fafcino
aut venclic io, ut ope inedica ianari non pof-
fit, ft toto tricnnio fruftra tentata eft medi-
catio.

Tanta autem eft virtus aliquarum mu-
lierum, ut occultent imbecillitatem viro-
runi, ficuti viri dodifiimi Simonis Grynei
foror narravit, fe, mortua prima conjuge,
duxifle viduam virginem, qute undecem
annos nupra tuerit viro trigido, nee unquam
ulii ante mortem viri hanc rem patefecit.
Hrec Mclanfthon in locis : Loco de conju-
gio, qure Chnftopherus Pezelius fuis in
Melantthonis examen explication bus infe-
ruit, & eis adjecit hanc annotationemi IhIt
potentia alia naturalis, alia accklentulis eft.
Naturalis, cum quis natura non eft idone-
us ad commixtioncm conjugalem, Acci^

Vol. I. No. S.

165

dentalis, cum quis eft caftratus, aut venefi-
cio corruptus. Rurfus quas ex veneficio
accedit impotentia, aut curari potcft medi-
camentis, aut eft perpetua. Ex his diftinc-
tionibus fumitur explicatio quseftionis, an
& quomodo impotentia fit caufa divortii ?
Nam inter impotentes, non poteft conftare
conjugium, quia deeft caufa fufficiens &
finalis. Primum, ni perlona ilia qus fana
eft, decepta fuit, & ignorans duxit impo-
tentem, non igiturpotuit efle confcnfus, qui
eft caufa efficiens matrimonii. Secundo, du-
plex eft finis conjugii, unus eft generatio
Ibbolis, ficut dicitur, Crcfcite & multipli-
camini : Alter finis eft Vitatio confufionis
libidinum, juxta di6lum •, VitandEcfornica-
tionis cauia unufquifq ; habeat uxorem.
Hsc Pezelius 2 parte explicat, in Examen
Melancthon.

In Englifti thus.

The opinionof Philip Melanfthon concern-
ing divorces from impotency.

" Perfons who are incapable of the con-
jugal rites are not married, but when the
impotency is eftabliflied, the judge Ihould
pronounce fuch perfons free. Nor can this
be, properly, called a divorce, bccaufe there
was no marriage, according to the meaning
of Matthew 1 9. but the declaration is made,
that others ftiould know that their cohabi-
tation was no marriage, and that a more
lawful connexion was permitted to the
party who had no natural impediment.
But the canons appoint a certain time to
prove the impotency, if there be any doubt,
the fcparation cannot be before three years.
In the fame manner they pronounce con-
cerning thole whofe nature is fo injured by
witchcraft or inchantment, that it cannot be
cured by medicine, if medicine iliould be
taken for three years without intermilfion.

The virtue of fome women is fo great,

that thev may conceal the weaknels of their

U u huft)andss

COLLECTION OF TRIALS.

1,6-6 A

Ku (bands, as the fifter of the learned Simon
Grynseus ailc-rted, that after the death of
his firft wife, he married a widow, who was
a virgin, and had been married eleven years
to an impotent man, and never had difco-
vcred this circumftance to any one before
her hufoand's death. Thefe are the words
of Mclanfthon in his difcourfe de coujttgio,
which Pczclius has quoted in his comment
on Mehmdhon, and to which he has added
the following note. Impotence is either
natural or accidental, when a perlbn is caf-
trated, or fpoikd by v/itchcrafr. Again,
the impotence occafioned by witchcraft,
may either be cured by medicine, or be per-
petuaL From thefe dillindions we may
folve the queftion, " Whether and how far
Lmpotence may be the caufe of divorce ?"
For between impotent perfons there can be
no marriage, becaufe the lufficientand final
caufe is wanting. Firft, whetheriftheperfon
who is found, were deceived, and ignorantly
married an impotent perfon, then there
could be no confent, which is the efficient
caufe of matrimony. Secondly, the end of
marriage is twofold, one the procreation of
children, as it is faid, " Increafeand multi-
ply ;" the other end is to avoid pro-
mifcuous luft, according to the faying, " to
avoid fornication let everyone have a wife."
Pfzelius ui Part. h. m Examin. Mebjic-
thon.

In eadem Caiifa Hemingii Judicium.

Inhabilita*; corporum ad ufum matrimo-
nii divortii caufa eft, & nonnunquam fafci-
no& vcncficio adeo inhabilesrcdduntur viri,
ut nunquam fanari, poffint. Sed plura funt
judicii pcrpendenda, antequam divortii fen-
tcntiam ferax. Primum, an impotentia
jirrecefil-rit nuptias. Secundum, anfitfub-
iecuta nuptias. Tertium, an fit curabilis.
Quartum, an ejus rei mulier confcia fuerit
ante Nuptias. Si prseceflerit Nuptias, po-
tiit liberari perfon» fana divortium petens,

non enim fuifrverum conjuguim. fiquidem
non legitime confentiunt, cum unus fallit,
alter errat, fallit impotens, errat potens.
Cum ergo Dens nee fallaciam nee errorem
probat, non eft dicendus eos ccnjunxifle.
Proinde Judex, fi intellexerit ex probatio-
nibus incurabile effe vitium, mox declara-
bit fuo teftimonio, nonfuiflematrimonium ;
verum fi fpes fit curationis, triennium fta-
tuatur, in quo patienterexpeftetur curatio ;
quse fi fruftra tentata fuerit. Judex pro-
nunciabit conjugium nullum fuiffe.

Si fubfccutum eft vitium poft nuptias &
complexum maritalem conjugum, nuUo
pado permiitendum eft divortium •, fortu-
na enim afflifta, fi abfit culpa, patientcr in
conjugio ferendaeft. Si alter fuerit con-
fcius infirmitatis alterlus ante nuptias, co-
gantur fimul habitare, & alia officia fibi
mutuo prseftare : Nam perfona confcia vi-
tii alterius abfque dubio fraudem meditata
eft, qure fraus non debet illi prodefle, fi
poftea divortium petat. Hsc Hemingius
libellode conjugio, Repudio & divortio.

In Englifti thus.

The opinion of Hcmingivis in the fame
' caufe.

Th« innability of bodies with refpcft to
matrimonial rites is the caufe of divorce,
and fometimes by witchcraft and poifon
fome men are rendered fo impotent, that
they cannot be cured. But many things
are to be weighed before a divorce fhould
be pronounced. Firft, whether the impo-
tency preceded the marriage. Secondly,
"Whether it fucceeded it. Thirdly, Whe-
ther it be curable. Fourthly, Whether the
woman was confcious of it before marriage.
If It preceded the marriage, the found per-
fon may be relieved who petitions for a di-
vorce, for the marriage was not real, if both
parties did not legally confent ; when the
one deceives, the other is miftakcn, the im-
potent

A COLLECTION

TRIALS.

potent deceives, the potent is niiftalcen.
As therefore, God approves neither of fallacy
cr error, he cannot be f.iid to have joined
them together. Moreover, if the judge

167

The Opinion of Pohinus, late ProfeiTor of
Divinity in tiie Univerfity of Bafil.

They who are not eunuchs by nature or

fhall underftand from proofs, that the de- | art, or they whole nature is not injured by
fedt is incurable, he fhall declare upon his ' • •
own teftimony, the nullity of the marriage,
but if there (hould prove any hopes of a
cure, the fpace of three years fhall be ap-
pointed, during which the cure may be ex-
pefted with patience ; but if the ex-

witchcraft or poiion, may enter mto ma-
trimony ; for the former perfons can by na
means be married, and therefore after the
nuptial ceremonies, if the impotence of the
eunuch has been evinced for three years,
or the cure has been attempted for three

nage.

pcdation fhall prove in vain, the Judge I years together, the Judge may pronounce
fhall pronounce the nullity of the mar- that the parties are free. Solanm lib. lo,

Syntag. cap. ^Z-

Arcularii nuper ProfefToris Theol. in Aca-
demia IMarpurgenfii Judicium.

Inter perfonas quje propter frigiditatem

It the defefSl follows after marriage and
coajugal enjoyment, a divorce fhould be
allowed by no means ; the affliftions of
fortune are to be born patiently in the mar-
riage flate, if there be no defeift. If one ^ . » » ^
of the parties fliould be confcious of the ' aliudve naturfe vitium ad ufum conju^rii

lunt ineptfe, cum non lit conjugium, teltc
Chrifto, Mat. 19. divortium hie locum ha-
bere poterit. Si quam igitur perfonam ta-

weaknefs of the other before marriage,

they fhould be compelled to live together,

and to afford each other reciprocal bene- . „ .

volence ; for a perfoij who is confcious of , lem alteri jungi contingat. Judex, explo-

the defeft of the other party, certainly pre- \ rata frigiditate aut nature vitio, utramquc

meditated a fraud, which fraud oughtnotto ' perlonam liberam pronunciabit. Porro ad

be advantageous to her, if afterwards fhe ' fxplorandam frigiditatem Jura trienni tem-

fhould fue for a divorce, hhmingius de ' pus pr^fcribunt, prsfertim fi res dubia fit.

Conjugio, RepudiOy el Divcrtio.

Polani profefToris Theo. nuper in Acadc-
mia Bafilienfi Judicium.

Conjugium inire pofTunt, qui non funt
natura vel arte Spadonis, aut quibus na-
tura non eft tela tafcino aut veneficio.
Tales cnim perfonas nequaquam fiunt con-
juges. Ideo etiam nuptiis celebratis, cum
trienni fpatio explorata eft fpadonis frigi-
ditas, aut toto triennio tentata eft nature
Isfse medicatio. Judex pronunciare poteft
illas perfonas liberas efTe. Polaniis lib. 10.
Syntag. cap. 53.

Idem judicium eft de eis quorum natura vel
fiifcino vel veneficio ita fit Isfa, ut ad con-
jugii ufum reddantur inepti -, & omnem
medicorum operam intra triennium inanem
fuerint cxperti. Hsc Arcularius in arcu
foederis, cap. 28.

The Opinion of Arcularius, or Treularius,
lately ProfefTor of Divinity in the Aca-
demy of Marpurgh.

A divorce may be granted between the
perlbns, which on account of impotency or
any other defedh of nature, are not fit for
matrimony, as appears from the words of
Chrift, Mat. 19. If therefore any fuch
perfon fhould chance to be married, the
Judge, after he has difcovered the im-
potence

.i68

A COLLECTION of TRIALS.

potence or defeft of nature, fliall pro-
nounce each perfon to be free. Moreover,
to prove the impotency, the canons pre-
fcribe the fpace of three years, efpecially if
the thing be doubtful. Their cafe is the
fame whofc nature has been fo injured by
witchcraft or poifon, as to be rendered in-
capable of the rites of matrimony, pro-
viding they had the alTiftance of phyficians
for three years, without effeft,

Theodori Bezx Judicium.

Sponfalia cum perfonis paralyfi immedi-
cabili, quJE corpus prorfus enervavit, fri-
giditate infanabili,- genitalium partium pri-
vatione, vel adeo infigni Isfione, ut per-
pctua coitus impotencia ncceflario con-
Icquetur, affcdlis, contrad^a prorfus inutiiia
funt, cum ad matrimonium a Deo vocati
videri non pofllnt, qui fidem in fponialibus
datam prsitare, natural! objedo vitio ne-
queunt. Quod fi fponialibus f;i6tis, con-
jugio tamen nondum reipfa conlummato,
t;iusmodi malum fupervenerit, fenrioejufmo-
difponfalia, ve]utiDeoiplojubente,dirimen-
c',a; ut, quid objecflo perpetuo impedimcnto,
palam demonftrct, fibi iftiufmodi fponfalia
non placere. Beza lib. dc Divort. & Re-
pud, pag. 91. Genev. 15^1. impren".

Atque hanc fuam doiflrinam Beza multis
ex facr.-E fcripturse teftimoniis probat : fed
tantum pag. 94. ei duas cautiones adjecit.
I rimam, fi frigidus poftea convaluit, re-
petere priorem uxorem, errore, viz. Sepa-
ratam oportet, etiamfi alteri poftea eilct
cbniunifta: fecuridam cautionem, rcfte om-
nino in iftiufmodi controverfiiisconftitutum
eit : fne quod videlicet fieret, quod poftea
rautari fine magno ofFendiculo non po'Tet)
ut triennium faltem ab ipfo copulationis,
i. e. dudtse uxoris die expedtarctur, priuf-
quam ilti morbi infanabiles efle & fpon-
falia conjugiave dirimenda pronunciarcntur.
Hcc auttm omnino de eis vitiis accipen-
dum eft qua: per fe ncn patent. Nam

alioqui, ut in exeflione, vel fiquis naturse
vitio, teftibus aut genitali membro careat,
quorfum ullum temporis inter vallum?

The Opinion of Theodore Beza.

Matrimony contracted between perfons
afFefled with an incurable palfy, which has
enervated the body with an incurable im-
potency, with lofs of genitals, or with lo
confiderable an injury as to occafion a per-
petual impotency for coition, are entirely
ufelefs, or null, becaufe /hey do not feem
to be called to matrimony by God, who
cannot perform the conditions made at
marriage, from fome natural impediment.
But it after the marriage ceremony, a dclciSt
of this kind ftaould unexpedcdly happen
before confummation, I am of opinion,
that fuch marriage fliould be annulled, as
if God himfelf had cxprefsly enjoined ir,
as if tlie immoveable impediment, which
oppofes, fliouki fliew plainly that fuch a
marriage is not pleafing to him. Beza lib.
de Divort. & Reput. p. 91. Genev. 1591,.
imprels.

And Beza fupports his opinion by fcvcral
quotations from fcripturcj but page 94 he
adds two precautions. Firit, If the im-
potent perfon fhould afterwards recover,
he may demand his wife again, as if fne
was divorced by a miftake, even though
flie might al'terwards have been married to
another ; the fccond precaution is, that in
cafes of this nature it is rightly provided,
(left any thing fliould be done, which could
not afterwards be altered without great
oftence) that we fliould wait three years
from the time of copulation, i. e. from
the day of marriage, beiore thefe diforders
fliould be pronounced incurable, or the
marriage be diflblved. 1 his is to be ap-
plied altogether to thole dtfcfts which do
not difcover themfelves. For otherwd'e, if
any one, by caftration, or by a natural
defe<5t, fliould be without the tcfticles, or

tlie

A C O I - L I^ C T I O

the member of generation, why {hould any
interval be anigned.

Zanchii Jiuiicium,

Quemadmodum Beza, fie ncc Canchius
impotentiam ex vencficio attigit, fed tantuin
doc'ct, cjuofdam efle cafus, quibus niatri-
monia in ipfa Ecclefia benedida nulla fint,
& fubinde hasc exampla fabjiingit. Si cum
ieo contraliltiir, qui vir non erat, fed fpado,
aut propter perpetuum ei inianabilem mor-
buni, officium conjugis pntftare nullo
modo poteft. Hxc Zanchius lib. 4. de
op. Dei, cap. 3. fed illam nee fcripturtE
teilimoniis nee rationibus confirmat.

The Opinion of Zanchius.

Zanchius, as well as Beza, makes no
mention of impotency arifing from witch-
craft, or poifon, but only intimates, there
are fome cafes, in which marriages are not
blefled by the church, and afterwards fub-
joins tliefe examples. If it be contrafted
with one who is not a man, but an eunuch,
or one, who on account of an incurable
difeafe can by no means perform the duty
of a hufband. This is the opinion of Zan-
chius, lib. 4, de op. Dei, cap. 3, but he
fupports it by proofs drawn from fcrip-
ture.

The King's Anfwer.

To the firft article that the fcripture
doth dirc(5lly or by confequence contain
fufficient matter to decide all controverfies,
efpccially in this appertaining to the
church : This in my opinion is prepofte-
rou*--, and one of tiie puritan arguments,
without a better diftiniftion or explanation.

For the orthodox propofition is, That
the fcripture doth diredtly, or by confe-
quence, contain in it fufficient matter to
decide all controverfies in points of faitJi

VcL. I. No. 8.

N OF TRIALS. 169

and falvation, of which fort a nullity of
marriage cannot be ,accounted for one ; and
therefore your confequence upon the former
propofition muft fail.

For further fatisfaftion of your following
qucftion (I fay) your fecond queftion doth
anfwer it, if there be warrant in fcripture
for pronouncing a nullity -f ropier frigid!-
talem, then all the means which may make
him frigidus verfus banc, muft be compre-
hended therein ; for why doth our church
juftly condemn the marriage of a man with
his filler's daughters, or the marriage of
two fifters, but ul faritc.tc raiicnis, fir
none of them are in terminis prohibited by
the fcripture, only the conclufion is gather-
ed a faritate tatiofiis. For if it be nor
lawful to marry the father's wife, becaufe
thereby you difcover your father's fhame ;
nor his fifter, becaufe flie is his kinf-
woman ; nor your own fifter, becaufe
thereby you difcover your father's and your
mother's ftiame : it can no more be lawful
to marry your fifter's daughter, for thereby
alfo you difcover your own fhame; as alfo
the fame reafon ferves for al'cending or de-
fcending in points of confanguinity, q^uia par
ejl ratio.

The like is in this cafe ; for although
Chrift fpake only of three forts of eunuch:-;,
yet ratio eft quia non fotejl cff-i eopulatio inter
eunuchiim et muliercm ; and therefore St.
Paul, 1 Cor. vii. telleth us clearly, that it
is not conjugium fine cofulalione. I conclude,
therefore, a parite rctionis, that Chrift did
comprehend under thefe three forts all ina-
bility which doth perpetually hinder ccpnla-
tionem verms banc, whether it be natui'al or
accidental •, for what difference is there be-
tween cutting off the hand, and being made
impotent thereof.^ yhnputatio et mutilatio
mernhri., is all one in the civil law -, and that
is a like defrauding of the woman, when
cither he who is to be her huft>and is
gelded, or when the ufe of that member
towards her is by any unlawful tneans taken
X X from

A COLLECTION of TRIALS.

170

from him. Neither is it any way needful
to crave tlic particular warrant of fcripture
for a nullity, no more than of warrant in
this place for any nullity at all : for Chiiit
doth not direftly fiy, that a niarriage fo
married fhall be nuHified, neither doth he
tcach us what former procefi fhall be ufed
in that, neiilier makes he mention of the
triennial probation, no more than he for-
biddcth marriage within the fourth degree,
without leave obtained of the Bifhop of
tlie Diocefs. It is then luflicient to all
moderate Chrillians to be taught out of the
■word of God, that marriage is nulla fine
cofulatione ; and tnefe word^, qtios Deus con-
ji'irxit, are never found in fcripture, where
t? entnt els doth not proceed, viz. they
two fhall be one flefh.

But whether the impediment beuniverfal,
or verfus banc only •, or whether the fault
thereof hath been born with him, or done
to him by violence, or fallen unto him by
difeafe, or difproportion, or inaptitude be-
twixt the parties, or unnatural pradlices,
that is ever far ratio, he is eunitchus verfus
banc y o>nncs alias, feeming to him only
was fhe married.

Then paritate rationis, fuch nullities are
grounded upon the aforefaid warrant of
fcripture, neither had Chrift any occafion
to fpeak of the Jews marriage concerning
vialeficiui?! verfus kanc : for though it be
apparent that God made King Abimelech
and his fervants unable to abufe Sarah,
Abraham's wife, and fo was he made by
God h\m{c\f eu nuchas verfus bant, and that
be not improbable that the Devil being
God's ape, fliould Imitate God's works, by
his filthy witchcraft, by making fuch as
God will permit liim, unable verfus banc;
howbeit, it is very probable that it was
long after that time the Devil put that
trick upon the earth.

As for the third and fourth qucftions,
what mention the fathers and councils do
make of maleficium verfus haju, I anfwer,

that it may be (if they were well fearchcd)
that either fomething to this purpofe in
them, or at the leaft aliquid analcgujn, with
a paritate rationis, or by confcqucnce, may
ferve to decide the queltion.

But leaving this to fcarch, my main an-
fwer is, Tliat v.'e mull: diflinguifh oft-
times : for in all the firft ages, as long aS
perfecution lay heavy upon the church,
and before the empire became Chriitian,
the church did not meddle with any thing,
which drew a confequence after it of pof-
fcflions, or inheritance, as marriage doth ;
nay, even divers hundred years after the
converfion of the emperors, the judgment
and decifion of all fuch queftions did ftill
remain inforo civili, till the Popedom began
to wax great, and alTume, or rather ufurp
to herfelf, a fupreme and independent judi-
catory in all ecclefiaftical caufes ; and
therefore the fathers and councils had no
occafion to make mention of that which
was not cie pncfcri at that time.

And befides, that is an evil argument
to fay fuch a thing is not lawful, becaufe
the Fathers and Councils made no mention
of it : for you know much better than I,
divers and many points betwixt the Papifts
and us are never mentioned by the Fathers,
becaufe they could never have dreamccJ
that fuch queftions would arife; and there-
fore arc the Fathers exad only in fuch quef-
tions as were agitated upon the ftate at that
time, as De irifiitate, de duabus inChriJio-
Naluiis, and fuch like : and therefore 'tis
fufficient that there can be nothing found
which may juftly be underftood to contra-
didl this o 'inion.

And )t is very probable (as I fiiid before)
that this trick of maleficium had not then
been put in practice in the world, and
therefore not known or mentioned by them;
for why may not the devil as well find out
new tricks of witchcraft (when God will
permit him) as he did daily new ftfls of

herehes ?

A COLLECTIO

herefies ? for Iiis malice can never end until
the end of time.

To the fifth argi'.menr, my former an-
fwer doth alfo ferve •, for till the 400th
year after Chrift, it mny be that devililh
trick came never to be difcovered. You
know the old proverb, Ex tnalis moribus
bona leges : and it is not unlikely that the
time of daiknefs gave the Devil occafion
to devife iuch new tricks (look my D^mo-
vology) and yet was that law for which you
cite iiircanus, by Charles the Great, who
in many great points (as you know) had fo
great light, as I do fcarce term this time a
time of biindnefs •, but howlcever thedark-
nefs was in points of fuperftition, I will
ftill maintain (as I have ever done) that for
matters of order and policy, all the world
fhail never be able to find out any fo good
and fo old an order of argument to be put
in the place of it : in fign whereof there is
no well governed commonwealth in the
chriftian world, wherein the common law
is not received to judge in queftions of
that nature •, and it is certain, that this
queftion now in hand, is only a queftion of
order and policy : for the ground of this
quettion, that the eflential point of matri-
mony cannot be accompiifhed ftm cupula,
is warranted by exprcfs fcripturc, and con-
fefled by yourlelt.

To your fixth argument (or rather hope)
I fear that hope fhall prove contrary to
faith ; for as fure as God is, there be De-
vils, and fome Devils mull have fome
power, and tnnr power is in this world,
neitlicr are tht Eleft exempted from this
power; Job was not, L-'aul was not, Chrift
laid ;o ail his difciples, Gribrverit vcs Sa-
thanas; and if the Devil hath any power,
it is over the flcfli, rather over the filthiett
and moH: finful part thereof, whereunto'
original fin is foldred : as GoJ, before and
under the law, to fliew cjjicialcm of purg-
ing man's original fin, ordained the Pr£-
^Mliiim of the forcikin, and to exempt this

N o F T R I A L S. 17 r

of our profeffion from tlie power of witch-
crafr, is a paradox never yet maintained by
any learned or wife man.

That the Devil's power is not fo univerfal
againft us, that I freely confefs ; but that
it is utterly reftrained quoad nos, how was
then a Minifter of Geneva bewitched to
death, and were the witches daily puniflied
by our law -, if they can harm none but-
the Papilts, we are too charitable for aveng-
ing of them only.

Satan is permitted topunilh man, as well
for his breach of the fecond as of the firft
table, and thereof are we no lefs guilty
than the Papifts are -, and if the power of
witchcraft may reach to our life, much
more to a member, not to governed by tlie
fancv, wherein the devil hath his principal
operation ; and he may fo elbange the
husband's aftedion towards the wife, as he
cannot be able to perform that duty to her;
for that is a common thing in many mens
natures, that tliey cannot do that thing
but where they love, nor fight but where
they are angry. God keep us therefore
from putting the tryal of our profeflion
upon miracles , let the Miracle- mongers
live by their own trade.

To the feventh argument touchingr re-
medies, what do you know, whether both
parties, or either of them hath uled tijcfe
means of remedy or not ? And that ipecial
remedy flmuld be uled pubiickly, tor there
I can fee no neceflity, for Km ijitercjl
Reipub. nee Ecclef. r,nd private perions are
commanded to tticir fstlmg and alms, fe-
cretly and in private ; no fuch cure alio is
likely to fucceed veil, except the parties
own hearts and defires be ft thereupon.

And as !or your ccncluiion I'ton your
Jiicommodum, whether upon his perlon or the
example, I can fee none in either, 10 as to
the couple, between them man:agc was
never accomplifiicd truly ; they will perad-
venture both of them by tht; dcchration of
the nullity be capable to acconiplilh mar-
riage

tyz

A COLLECTION of TRIALS.

•riage with others, which they could never
do between themlelves ; wherein they may
have the latisfaflion of their hearts, and
enjoy the blefling of procreation of chil-
dren.

And as for the example, the law fliall be
fuUi'.led with due adminill ration of juftice,
which cannoc prove for an example or pre-
<:eden: of a counterfeit nullity hereafter,
Authoritas fatVi^ or rather non fatiU fed
luce clarior in this cafe, befules the many
■probations and confelVions of the parties
which have been taken in this proceis :
whereas by the contrary, they fliall be for-
cibly kept together, but never their per-
sons or affedlions, and they ftill be forced
TO live in perpetual fcandal, or mifery, or
both ; and what fuch a kind of forced con-
tinency may avail, the monks contlnency
may teach us : and for a precedent in time
to come, that reacheth no further, than to
open a way of lawful relief, to any perfon
who fliall chance to be diftrefled in that
fort.

And for legal doubts, they concern none
of the calling ; if your confcience be re-
folved in points of divinity, that is your
part to give your confent to the nullity,
and let the lawyers take the burden of
making that firm •, and as for the triennial
probation, I hope no man can be fo blind
as to make a doubt, whether that be taken
before or after the fuit begun : and in con-
clufion of divine folution of this queftion
proved clearly, that this refolution of this
doubt, howfoever it was in blindnefs as you
think, that is now proved in the greatefl;
time of light and purity of the profeflion
of the oofpel.

And for your extrafh upon the late di-
vines opinions, upon this queftion, I can-

not guefs what your intent was in fending
them to me, for thev all agree in terms
with my opinion : but there is fuch a thing
as Miilcf.cii'.iVy et Malcficiale verfiis banc ;
and your very interlude paflages prove that
cleared : and for that advice concerning
the remedies, that is but ConftUam ncn d^-
(relum, not impofing a necelTity ; but is to
be ufed by difcretion, as occaiion ihall prove
and require it.

To conclude tlien, if this may fatisfy
vour doubts, I will end with our Saviour's
words to St. Peter, Cum converfus fiuris,
confirnia fratres luos •, for on my con-
icience, all the doubts I have yet feen, are
nothing but nodos in fcirpo qua:rere.

The midwives appointed to make in-
fpeclion upon the Lady's body, gave in.
That the Lady Eflex is a woman apt to
have copulation, and to bring forth chil-
dren, and that the faid Lady is a virgin
and uncorrupted.

Three Ladies affirm, That ihey believe
the fame, for that they were prefent when
the midwives made the infpeftion, and did
fee them give good reafons for it.

There is a fentence of divorce given for
the nullity of the marrirge, and both par-
ties licenc'd to be married again.

The CommifTioners that gave fentence ;
Wincheller, Ely, Litchfield and Coventry,
Rochefter, Bilhops. Sir Julius Caefar, Sir
Thomas Parrey, Sir Daniel Donne, Doc-
tors.

The CommifTioners diflenting; Arch-
bifliop of Canterbury, Bifhop of London,
Sir Juan Bennet, Francis James, Thomas
Edwards, Dodors.

The

A COLLECTION of TRIALS.

^71

The Tryals of I O H N T W Y N Printer, THOMAS BREWSTER,
Booklelltr, SIMON DOVER Printer, NATHAN BROOKS Bookbinder;

the 2cth
thority.

and 22d ot February 1663-4, 15 Car. II. Publilhcd by Au-

FI V E feveral indidlments being drawn
up, viz. one of High Trcafon, againll
John Tvvyn Printer; and the other four
tor ledition, viz. two againlt 1 homas Brew-
fter Bookfeiler, one againfl Simon Dover
Printer, and one againll Nathan Brooks
Bookbinder ; were prefented to the Grand
Inqueft in London, at the fefllons of Goal-
delivery of Newgate, holden at Juftice-
Hall in the Old-Bailey, the 19th day of
February, 1663. Except that againft
Brooks, which was found the day follosv-
ing, by the fame Inqueft. And after di-
vers witnefles were fworn and examined be-
fore the Grand Inqueft, the faid bills of
incliftmentwerefeverally returned ^///a/Vrt.
The names of the faid Grand Inqueft be-
viz.

ing as followeth

Arthur Jourdan,
Arthur Browne,
Simon Rogers,
James Whctham,
R.ilph Blore,
Jfaac Barton,
Roger Locke,
Thomas Cooper,
Samuel Taylor,

Roger Hart,
John Watfon,
Chriftopher Pits,
Thomas Gerrard,
John Cropper,
I homas Partington,
Ralph Coppinger,
Matthew Pclazer.

Atjnftice-Hall, in the Old-Baily, February

20. in the Morning.

TH E Court being let, Proclamation
was made : " O yes ! All manner of
perfons that have any thing more to do at
this Seffions of the Peace, and Sefllons of
Vol. I. No. 8.

Oyer and Terminer, held for the city of
London, and Scftions of Goal-Dciivety
holden for the city of London and county
ot" Middlefex ; draw near and give your
attendance, for now the Court will pro-
ceed to the Pleas of the Crown of the laid
city and county."

God fave the King.

Silence commanded.

CLrk of the Peace. Set John Twyn to
the bar : [who was fet there accordin"ly.]
John Twyn, hold up thy hand.

Tivyn. I defire to undcrftand the mean-
ing of it. [But being told he muft hold
up his hand in order to his tryal, he held
it up.]

Clerk, i^c. " Thou ftandeft indiifted in
London, by the name of John Twyn, late
of London, Stationer, for thai thou as a
falfe traitor againft the moft illuftrious
Charles the Second, by the grace of God,
of England, Scotland, France, and Ire-
land, King, Defender of the Faith, &c.
thy fupreme and natural Lord and Sove-
reign not having the fear of God in

thine heart, nor weighing the duty of thy
allegiance, but being moved and fcduced
by the inftigation of the devil ; and the
cordial love, true duty, and natural! obedi-
ence, which true and faithful lubjec^s to-
wards our Sovereign Lord the King bear,
and of right ought to bear, altogether
withdrawing ; minding and with all thy
Y y force

A COLLECTION of TRIALS.

174

force intending tlie peace and common
tranquility of this kingdom to difturb ;
and Icdition and rebellion within thefe his
Majeily's kingdoms to move, ftir up, and
procure ; and difcord between our faid
Sovereign and his fubjcfts to make and
move ; the 27th day of O(5lober, in the year
of the reign of our faid Sovereign Lord
Charles the Second, by the Grace of God,
&c. the 15th, at the panlh of St. Bartho-
lomew's, in the ward of Farringdon With-
out, London, aforefaid, traitoroufly didft
compofe, imagine and intend the death and
final deftruftion of our faid Sovereign Lord
the King, and the antienc and regal go-
vernment of England to change and lub-
vert ; and our faid Sovereign Lord the
King, of his crown and regal government
to depofe and deprive. And thefe thy moft
wicked treafons and traiterous imagina-
nations to fulfil, thou the faid John Twyn,
the faid 27th day of Oftober, in the year
aforefaid, in the parifh and ward aforefaid,
advifedly, devilifhly, and malicioufly didll
declare, by imprinting a certain feditious,
poifonous, and fcandalous book, entitled,
" A Treatifc of the Execution of Juftice,
ike." — In which faid book, amonglt other
things, thou the faid John Twyn, the
27th day of October, in the year afore-
faid, in the parifh and ward aforefaid,
falfly, malicioufly, and traitoroufly didfl:

imprint, &c. againft the duty of thy

allegiance, and the ftatute in that cale
made and provided ; and againft the peace
of our faid Sovereign Lord the King, his
icfown and dignity."

What fay'lt thou, John Twyn, art thou
guilty of this iiigh treafon wjiereof thou
llandefl: indided, or not guilty ?

Twyn. I defire leave to I'peak a few
words : My Lord, I am a very poor man ;
I have been in prifon fcveral months —

Cierk. Are you gviilty, or not guilty ?

T-ivyn. With all due fobmilTion to your
honour?, I defire to f^^eak a few words —

Ld Ch. Juft. Hyde. You muft firft plead
to your indii^ment, and then you may fay
what you will •, that's the rule of the law.
We receive no expoftulations till you have
pleaded to the indidlment, guilty or not
guilty.

Twyn. I do not intend to anfwer to the
indidment, by what I fliall now fay-, I
am a poor man, have a family and three
fmall children, I am ignorant of the law,
and have been kept prifoner divers months —

Ld Ch. Juft. Hyde. Pray plead to the in-
diftment; you fliall be heard, fay what you
will afterwards.

Twyn, 1 humbly thank you, my Lord.

Clerk. Are you guilty, or not guilty ?

Iwyn. I befeech you to allow me counfe),
and fome confideration ; I defire it with all
fubmiffion.

Ld Ch. Jufl. Hyde. You muft plead firfti
then aflc what yoL; will.

Clerk. Are you guilty, or not guilty ?

Twyn. Not guilty of thofe crimes.

Ld Ch. Juft. Hyde. God forbid you
fliGuld.

Clerk. How wilt thou he try'd ?

Twyn. I defire to be try'd in the prefence
of that God that is the fearchtr of all hearts,
and the dilpofer of all things.

Ld Ch. Juft. Hyde. God Almighty Is
prefent here •, there is no other tryal by the
law of England, but by God and the peers,
that is the country, honeft men. You fliall
have all your challenges, and all that's due
to you, by the help of God ; we are bound
to be your counlel, to fee you have no
wrong : therefore put yourlelf upon your
tryal, fay how you will be try'd.

Iwyn. I defire to be try'd in the prefence
of God.

Ld Ch. Juft. Hyde. So you fliall : God
Almighty is [ refent here, looks tlown, and
beholds what we do ht re ; and we fliall
anfwer fevercly, if wc do you any wrong.
We are as careful lof our fouls, as you can

A COLLECTIO

be of yours. You muft anfwer in the
words of the law,

Twyn. By God and the country.
Clerk. God fend thee a good dt-liveranre.
Ld Ch. Juft. Hyde. Now fay what you
will.

Twyn. I am a very poor man.
Ld Ch. Juft. Hyde. Nay, let me inter-
r\jpt you thus far : Whatever you fpeak in
your defence, to acquit yourlelf of this
crime, that you may refcrve till by and by.
This is but an arraignment; aftewards the
evidence for the King is to be heard, then
makeyourdefence. If you have any witnelfcs
on your part, let's know their names, we'll
take care they (hall come in. If I did not
miftake, you dellred to have counfcl ; was
that your requeft ?
7ivy». Yes

Ld Chief Juftice Hyde. Then I tell you,
we are bound to be of counfel with you in
point of law ; that is, the court, my
brethren and myfclt, are to fee that you
fuffer nothing for your want of knov^-ledge
in matter of law •, I fay, we are to be of
counfel with you. But for this horrid crime,
(I will hope in charity you are not guilty of
it, but if you are) it is the mofl abomi-
nable and barbarous treafon that ever I
heard of,, or any man elfe : The very title
of the book (if there were no more) is as
perfcdly treafon as pofllbly can be. The
whole book through, all that is read in the
jndidment, not one fentcnce, but is as ab-
fclute high-treafon, as ever I yet heard of
A company of mad-brains, under pretence
of the worlhip and fervice of God, to bring
in all villanies and atheifm, (as is feen in
that book). W.hat a horrid thing is this !
But you iTiall have free liberty in defending
yourlelf. To the matter of facl, wiiccher
ift be lb or no. In this cafe the law does
not allow you counfel to plead for you ;
but in matter of law, we are of counfel

N OF TRIALS.

^7S'

with you, and it fhall be our care to fee
that you have no wrong done you.

Clerk. Set Simon Dover to the bar-,
(Who being fet, his indiftment was read to
the purpofe following.)

Thou ftandeft indicted in London, by
the name of Simon Dover, late of London,
Stationer, for that thou, &c. the 15th day
of February, in the 1 3th year of the reign,
&c. at the parifli of St. Leonard's Foiler-
lane, in the ward of Alderfgate, London,,
falfly, malicioufly and wickedly, didll im-
print a certain falfe, malicious, fcan-
dalous and feditious book, entitled, " The
Speeches and Prayers of fome of the late
King's Judges, &c." and tlie fame didll
fell and utter, againft the duty of thy alle-
giance, &c. How fayelt thou, Simon
Dover, art thou guilty of this fedition and
offence, whereof thou Itandeft indided, or
not guilty ^

Dcver. My Lord, and the honourably
bench, I defire I may be heard a few

words

Ld. Ch. Juft. Hyde. When you have
pleaded, you Ihall.

Dover. 1 Ihall be v/illing to plead

Ld Ch. Juft. Hyde. You muft either con-
fefs it, or plead Nor Guilty. I hope you
are not guilty of this foul crime.

Dover. I am not, by the laws of Eng-
land, guilty.

Ld Ch. Juff. Hyde. You fhall be tried
by the laws of England, whether you ara
guilty orno.

Dover. I am willing to be (o, and I am
glad 1 am come before you to that purpofe,
having been long a prifoner : I am not
guilty of any thing in this indid:ment,
neither as to matter, time nor place.

Ld Ch. Jult. Hyde. What do you mean
by time and place ?

Dcver. I am not guilty in manner or
form. And now, my Lord, I being alto-
gether ignoraut of the law, I humbly beg

counlci,

r7o

A COLLECTION o? TRIALS.

.c-iunf-'l, and a ccpy of my indiftment : I
hope I ih:\!l not be cieliroycd, becaufe 1 am
i^rnoranc of the law : I have been eighteen
wee!;s cloi'e priioner.

J-d Ch. Jull". t.yde.. Wliat would you
have ?

Dover. I dcfire tinw, and couafel af
rfigncd me, and a copy ot my indiftment.

.Ld Ch. Jull. Hyde. Por a copv of your
•inditcmcnt, though it be U-r a foul offence,
yet (in favour to you, it being not made fo
capital as the other) we- cannot deny it
you : For counfel you may have what you
will, we need not alTign it. (Make him a
xopy,) but I will tell you, we (hall try it
.now.

Dover. I do proteft I knew not what I
came for-, I never imagined what my in-
dicftment was, I know not wliat there's

Jn't

Ld. Ch. Juft. Hyde. You fnall have a
,copy made prefently. If you have rounfel
^or witnefies, fend for them •, we muft try
you to-day ; but you v/ill have fome time,
lor we will begin with the other.

Dover. I beg I may have a copy of the
indiftment in Englilh, I cannot underltand j
Latin. I

Ld Ch. Jufl:. Hyde. That that is againft!
you, is in Knglilh; the Latin fignifies no
more, but that you did leditioufly and ma-
licioully print all that which is in Englilh.
Dover. I hope I have done nothing, but
•I Ihall acquit myfeff of.

Ld Ch. Jull. //yJif. I hope you may-,
■but we can give you nothing but a copy
of the record : fend for your own clerk to
underlLmd it.

Clerk. Set Thomas Brcwfler to the bar :
(who was fet -, and then his indiftment was
read, which was -,)

That he the faid Thomas Brewfter, late
of London, Stationer, not having, &c.
(in the form aforefaid) the i <^th day of
i-'ebruary, &c. at the parifli of Little St.
Bartholomew's, in the ward of Faringdon

Without, London, malicioiiny, &c. did
caufe to be im.printed the aforefaid bock,
of Speeches and Prayers, &c. and the lame
did fell and utser, againft the duty, &:c.

Who being demanded. Whether he was
guilty of that fedition and offence i" an-
fwercil, Not Guilty.

Clerk. How will you be tryed ?

Bre-wjier. By God and the country.

Clerk. God fend thee a good deliverance,

Ld Ch. Juft. Hyde. Say what you will
now.

Bre-tjl-er. May it pleafe your Lordfliip,
I am wholly ignorant ot the proceedings of
the law -, I have been a clofe prifoner thefc
eighteen weeks, no body to advife with
me, fcarce my wife fuffered to come to
me ; I defire fome time to take advice.

Ld Ch. Juft Hyde. I doubt we fliall not
be able, if you mean till next fcfTions —

Breivjler. No, my Lord, I have had too
long imprilonment already, would I had
been here the firft fefllons after I was a
prifoner.

Ld Ch. Juft. Hyde. If you defire a copy
of the indictment and counfel, you Ihall
have it.

B-'-eztfier, I humbly thank you ; but I
muft have time to confult them, or they
will do me little good.

Ld Ch. Juft. Hyde. If you have any
friends or witnefles, you may lend for
them.

Bre-jofter. I thank you, my Lord.

tUrk. Thomas Brewfter, thou ftandeft
again indidfed in London, by the name of,
&c. for that thou not having, &c. the
loth day of July, in the 13th year, &c. at
the parilh of Little St. Bartholomew's, in
the ward of Faringdon without, London,
&c. falfly, malicioufly, fcandalouQy and
feditioufly, didft caufe to be imprinted a
Hook, intitled, " 1 he Phoenix, or the So-
lemn League and Covenant, &c." — And
the faid book didft fell and utter, againft
the duty, &c. How layeft thou ? Art

thou

A COLLECTIO

thou guilty of this ledition and offence
whereof thou ftandeft indided, or not
guilty ?

Brewjier. Not guilty, iny Lord.

Clerk. How will you be tried ?

Brewjier. By God and the country.

Clerk. Nathan Brooks to the bar.

Thou ftandell: indidled in London by the
name of Nathan Brooks, late of London,
Stationer -, not having, &c. (The fame as
to make, time and place, with that ot
Dover's) and knowing the faid book to be
fcandalous and feditious, did fell, utter and
publilh the fame, againft the duty, &c.
How fayeft thou, Nathan Brooks, art thou
guilty of this fcdition and offenre whereot
ihou ftandeft indicted, or not guilty ?

Brooks. Not guilty.

Clerk. How will you be tried ?

Brooks. By God and the country.

Clerk. God fend thee a good deliverance.

Ld Ch. Juft. Hyde. If you defire to have
a copy of your indiftment and counfel,
you may have it.

Brooks. I am a poor man, I have not
money to get counfel -, 1 hope I fhali not
want that that belongs to me by law, for
want of money.

Ld. Ch. Juft. Hyde. You (hall not, by
the grace of God.

Clerk. Set John Twyn, Simon Dover,
Thomas Brewfter and Nathan Brooks, to
the bar.

Clerk. John Twyn, thofe men that you
fhall hear called, and perfonally appear,
mutt pafs between our fovereign Lord the
King and you, upon trial of your life and
death; if you will challenge them or any
'of them, you muft do it when they come
■to the book to be fworn, before they be
fworn. And you that arc for feditions and
offences, look to your challenges.

Dover. We defire we may have a jury of
bookfellers and printers, they being the
men that only underftand our bufinefs.

Vol. I. No. 8.

N o F T R I A L S, i7;r

Ld Ch. Juft. Hyde. There are thofe a'-
ready that underftand it as well as book-
I'ellers or printers ; befides, half the jury
are fuch, and they are able to make the reft
underftand it : but you may challenge
whom you will.

The Jury were.

"William Samborne
William Rutland
Thomas Honylove
Robert Lucas
Robert Beverfham
Richard Royfton

William Hall
John Williams
James Flefiicr
Simon Waterfon
Samuel fhomion
Thomas Roycrofc.

Who were feverally fworn by the oath
following :

You fhall well and truly try, and true
deliverance make, between our fovereign
Lord the King, and the prilbners at the
bar, whom you fhall have in charge, ac-
cording to your evidence. So help you
God.

All Four, W^e are all fatisfied with the
jury.

Clerk. Cryer, make proclamation. O
Yes, If any one can inform my Lords
the King's Juftices, the King's Serjeant,
or the Kmg's Atiornry, before this in-
qiieft be taken between our Sovereign
Lord the King and the prilbners at the
bar, let them come forth, and they fhall be
heard ; for now the prifoners ftand at the
bar upon their deliverance-, and all others
that are bound by recognizance to give
evidence againli any of the prifoners at the
bar, come forth and give evidence, or elfe
you will forfeit your recognizance.

Clerk. John Twyn, hold up tliy hand.
You of the jury, look upon the prifoner,
and hearken to his caufe ; you fliail under-
ftand tiiat he ftands indicled in London, by
the name of John Twyn, late of London,
Stationer : (Here the indic^menft is read
over again.) Upon this indidment he hach
Z z bien

A COLLECTION of TRIALS.

17^

.1o.-'-n arraigned, nn.! rhereunto hath- pleaded
. N\)C G'uilcy j an i for his tryal, h;it'i pvU
hiniielf npoii God and the coiiniry, which
country you arc : Your charge is to enquire
v.l>cther he be guilty of die high rreafon,
in mann.r and form as he (lands indicted,
or not guilty : if you find him guilry, you
Ihal! inq jire what goods and chattels, lands
and tenements he had at the time of com-
mitting the faid treafon, or at any time
fitb nee. If you find him not guilty, you
fhall inquire whether he fled for it ; if
VO*i find that he fled for if, you (liall
inquire of his goods and chattels, lands
and tenements, as if you had found
him guilty : If you find him not guilty, nor
that he did fly for it^ fay fo, and no more,
and hear your evidence.

Mr. North, Barrilter of the law. John
I'wyn ftands here indided, for that he as
a falie tray tor to the moft illuftrious Charles
the Second, &c. not having the fear of
God before his eyes, nor weighing the duty
of his allegiance, &c. (Here was opened
the form of the indiftment) To which he
hath pleaded Not Guilty ; if there fliall be
fufficient evidence given you of the charge in
the indidmenr, you mufl: do the King and
the nation that juftice, as lo find him
guilty, that fentcnce of law may pafs on
him.

Mr. Serjeant Morton. May it pleafe
your Lordfliips, and you gentlemen that
ar.; fworn of this jury, I am of counfel with
the King againll John Twyn, the prifoner
here at the bar, who ftands indicated of a
moll horrid and damnable treafon : It is,
the compafljng and imagining the death of
the King, to deprive him of his crown and
royal government, and to alter and change
the antient legal and fundamental govern-
ni.'nt of this kingdom ; which he has en-
deavoured to do, and did intend to do, by
printing a traiterous and feditious book,
which in itfelf contains as many and as
great treafons, as it was poflible either for

the malice of the devil, or th; corrupt and
treafonable thoughts of bloOvi-fhirftv men
to invent: It contains treafons againft tlie
King in his own royal perfon -, againft his
government, both ecclefiallical and cin! -,
! full of tri-afons, (as my Lord Chief JulHcc
was pleafed to oblerve to yovij treafons
againil the Qiieen, fcandajs againll all
manner of profeliions both in church aiui
kingdo.m, of magiftracy and miniftry. My
Lord, there are in this indiftraent thirteen
paragraphs of that treafonable book recited •,
and each of them contains as many treafons
as there be lines in it. Nay, my Lord,
this treafonable book was intended to fct a
flame in this nation, to raife and (lir up re-
bellion- in this kingdom againft the King
and his government. I ihall oblerve to
your Lordfhip the time when it was to be
printed ; it was in the beginning of
Odlober, your Lordfhip knows, and I do
not doubt but the jury have heard, that
there was a great and dangerous ttefign in
this nation, fet on foot by men of daHge-
roiis principles, to imbroii this nation in a
new war, for the deftruftion of the King
and his- government. It was executed in
part, as fiir as time and other circumftances
woukl give way and leave to the under-
takers, (the 1 2th of October laft;) and,
my Lord, it was proved upon the execution
of a commiflion of Oyer and Terminer at
York, that there was a council here in
London, that fat to prepare matter for an
univerfal rebellion all England over. They
fent their agitators into the north, weft, all
parts, to give notice to their party to be
ready to rile at a certain time : feveral days
were appointed, but it feems they could
not be ready till that i2thof Odlober ; for
the feditious books that were to lead on
that defign, and the libels and declarations
could not be printed before that day ; and
truly that had been printed and publiflied
too, if there had not been great diligence
ufed by the King's agents and minifters, to

take

A COLLECTION of TRIALS.

[79-

take them juft as they were preparing it.
This book, gentlemen, dovh contain a
great deal of Icandal upon the King's go-
vernment, dilperfing talle and bale ru-
mours, to the prejudice ot it. It is a rule
ill my Lord Coke, That the difperfing
of falfe and evil rumours againft the King
and government, and libels upon Juftices
of the kingdom, they are the forerunners
of rebellion.

We (hall now go to the proof: We fliall
■prove that this prifoner at the bar, to print
this book, had two prelfes in one room ;
that he himfclf did work at one of thole
prefTes, his lervants at the other, by his
command, and in his prclence ; that he
did compofe part of it, print the fheets,
Gorred the proofs, and revife them all in
his own houfe, which were correfted, and
brought back into the work-houfe by him-
felf, in lb fhorc a time, that they could
not be carried abroad to corredV, fo that he
muft n eds correft them himfelf; that this
work was done in the night time, (and it
was proper, it was a deed of great dark-
nefs, and not fie indeed to fee the light ;
and it was well it was ftrangled in the birth,
or cli'e, for ought I know, we might by
this time have been wallowins in our
blood.) Wc fhali make it appear, that
this man, when Mr. L'Eftrange came to
fearch his houfe, brake the forms, con-
veyed away as many of the flieets as he
could from the pre:s to other places ; yet
notwithftanding, God's Providence was fo
great in the thing, that he left there three
or four fheets, which Mr. L'Elfrange then
feized on, and many more within a little
time after: And fomcwhat of the fame
matter r.-mained upon parr of a form of
letter, which his haite woukl not give him
leave to break. When he was charged
with it by Mr. L'Eftrange, he confeffcd
that he had printed fonie flieets of this 1'edi-
tious book ; and being demandci: by Mr.
L'Kltrange, What he thought of u ?• He

told him. He thought it was mettlelbme
Huff: he had great joy in it j he confffcd
he had received money for printing of this,
and much other matter, taken upon exa-
mination before Mr. Secretary. W^e fhall
call our witnefles ; I fhould hive obferved
to you, that this man would have it done
with all the privacy that coukl be, and to
be done forthwith ; there was g'eat hallc
of it, about the beginning of October, and
the defign in the north was upon the rzth;,
lb that it was clearly intended fur that
defio-n.

Several Witnefies new fworn.

Jofeph Walker. My Lord^ whereas my
malVer is indicled for printing this book —

Ld Hyde. Your malkr ! Who is your
mafter ?

Walker. He at the bar.

Ld Hyde. What fay you of it ?

Walker. I defire to fee the book ; (it was
fhewed him) about the four firft pages of
this treatile I compoled.

Ld Hyde. Who delivered it to you to
compoic ?

Walker, My mafler delivered the copy
to me.

Ld Hyde. What do you mean by com^
pofing ?

Walker. Setting the letters.

Ld Hyde. Well, and you fet the letters
to print .iccording to the copy ; and you
had It of your mafter, had you .''

Walker. Yes, my Lord ; but all this
copy we did not print.

(Part of the copy in manufcript being
fhewed him, he faid, he compoled by.
that copy. ;

Serjeant Morton. How much did you
print ?

II^alKer. About three flieets.

Scrj. Morion. How many of thofe did
your niatler compofe .''

WaiUr. Trulv',. Sir, I cannot telL

Ld/^^,.

.8o-

A COLLECTION of TRIALS.

Ld Hyde. Did he compofe one ?

Walker. As to a whole one, I cannot
fay.

Mr. Recorder. Did he compofe the title?

TValker. Here is no title.

Mr. Recorder. No, read the top.

Walker. A Treatife of the Execution,
Sec. (He reads the title.)

Mr. Recorder. Did your mafter compofe
that ^

Walker. No, I did.

Ld Hyde. Did your mafter give you that
to compofe ?

Walker. Yes.

Serj. Morton. Who compofed the fecond,
third and fourth flicet ?

Walker. I compoied fome of them, but
to particularize, I cannot.

Ld Hyde. Who gave you what you did?

Walker. My matter.

Ld Hyde. Can you turn to any part of
that you did compoie ?

Walker. I cannot tell that.

Ld Hyde. You compofed, you fay, four
pages ; there are eight in a (heet : who
compofed the other of the fame (heet ?

Walker. I think my mafter did.

Ld Hyde. At the fame time, and in the
Jame room with you ?

Walker. He wrought not in the fame
room,

Ld Hyde. After you had ftamp'd the
fheet, who did perufe and over-read it, to
fee if it were right ?

Walker. I carried them into the kitchen,
and laid them down upon thedreffer by my
mafter.

Ld Hyde. Who compared them ?

Walker. I know not.

Ld Hyde. Who brought them back to
you ?

Walker. My mafter brought them into
the workhoufe, and laid them dov/n.

Ld Hyde. Was there any boJy in the
houfe that might corredt it ?

Walker, Not that I faw.

Ld Hyde. When you had carried a flicet
down, how long was it e'er it was brought
back again ?

Walker. About an hour, or an hour and
a half.

Ld Hyde. Was there any body in tlie
houfe befides you and your mafter ?

Walker. There was my fellow-apprentice
and the woman that keeps the houfe.

Ld Hyde. Were there noftrangers there?

Walker. No, my Lord.

Mr. Recorder. Were they printed in your
mafter's houfe ?

M-alker. Yes.

Serj. Morton. What room ?

Walker. In the prefs-room.

Serj. Morion. Did your mafter work at
the prefs about this work, any part of the
time ?

ffalker. Yes, I faw him beat fome
ftieets.

Ld Hyde. When you had printed one
fheet, were there not fome miltakes of the
letters to be mendc^d ?

M'^alker. Yes, there were literals.

Ld Hyde. Who made the amendment ?

Walker. Upon my oath I cannot tell.

Ld Hyde. Do you believe it to be your
mafter's ?

Walker. I cannot tell that.

Ld Hyde. Have you fcen your mafter
write heretofore ?

Walker. I have feen him write, but be-
caufe I have heard of them that could Coun-
terfeit mens hands, I dare not Iware it was
his wr.ting.

Ld Hyde. Were the am.endments that
were brought back, like his hand ?

ffalker. The letters were fom ;hinglike
them, but I cannot fwcar pofituely that
they were his.

Ld Hyde. No, that you cannot, unlefs
you faw him write them ; but was it like his
hail 1 ?

ffalker. It was not much unlike his
hand.

Mr. Rcccrder.

A COLLECTIO

Mr. Recorder. Did not your mafter ufe
to correct other works before this ?

IValker. Yes.

Mr. Recorder. Then by the oath that you
have taken, were not the corredlions of this
book like thofe of other corrections by his
own hand ?

Walker. I know not that.

Mr. Recorder. Did any body correft
books in your lioufe but your mafter ?

IValker. No, Sir.

Serj. Morton. Did not you fee your
maftrr with copy ?

IValker. Yes, he had copy before him.

Serj. Morton. What time was this print-
ed ? by night or by day ^

Walker. In the night-time.

Serj. Mcrton. What direftions did your
mafter give you about printing it, did he
dirc-d any privacy ?

Walker. He was not much defirous of
that.

Mr. Recorder. At what time did you
work about it ?

Walker. In the morning, from two till
four ur ti e.

Sc;r) A' rton. Pray, Sir, thus ; were you
in the houie when Mr. L Ertrange came
up ?

Walker. Yes.

Serj. Morton. Were you at work then or
before ?

Walker. Not when he w:is abjve, but
immediately before, 1 was.

Mr. Recorder. You an- not bound to
conceal tieaton, though you are bound to
keep your maPer's fecrets.

Serj. Morton. What were you then at
work upon ?

Walker. Upon the fignature D, the (heet
D of this Treatife.

ierj. Morton. What did your mafter fay,
when you told him Mr. L'Eftrange was
below ?

Walker. Very few words ; I cannot be
pofitive in them.

Vol. I. No. 8.

N OF T R I A L S. i8i

Serj. Morton. To what purpofe were
they ?

Walker. Hearing fomebody knock at
the door, I went down into the compofing-
room, and looked through the window, and
law people -, I imagined Mr. L'Eftrange
was there, and I told my mafter : where-
upon he faid, " He was undone," or to
that effeft.

Mr. Recorder. Did he not wifh you to
make haftc in compofing it .''

Walker. No, he did nor.

Mr. Recorder. How long had you been
at work upon it .? how many days ?

Walker. I cannot tell juftly.

Mr. Recorder. You can guefs.

Walker. About three or four days.

Mr. Recorder. Did not your mafter work
in that time ?

Walker. He was in the work-houfe, and
did fct letters.

Mr. Recorder. Did he not likewife print ?

Walker. Ye-s, hr did.

Serj. Morton. Uid not you, by his di-
redlion, break the form when Mr. L'Eftrange
came t.) fearch.

Walker. I brake one indeed.

Serj Morton. What became of the
other ?

Walker. My fellow-apprentice brake it.

Serj Morton. By whole diitd'on ?

Walker. I had no order foi ic -, I brought
it down, and went to let it againft a poft,
and it f-11 in pieces.

Scij. Morton. Did you afk your rr iter
wh J 'clivered him this copy to piint ?

Walker. I did ask him two Icveral times;
but he made no anfwer

Ld. Hyde. Did he not fay, " He would
not tell you ; or that it was no matter to
you •," nor nothing ?

Walker. Yes, he did afterwards fay, " It
was no matter to me."

Mr Recorder. Did not your mafter nor
fellow-appreniice tell you who brought
the copy ?

A a a Walker

Wa'ker. No.
A-Ir. Recorder.
J'P'^lker. No.
■ Serj. Morten.

A COLLECT

And did not you know .-'
\Vas he not ufed to tell

you the authors of books that you
printed ?

JValker. The authors he ('id not -, but
for whom they were printed he ufed to tell
me. Mv Lord, I humbly beg pardon for
what I did, I was his apprentice.

Ld. Hyde. How many flieets did you
print ?

fValker. Two reams on a flieet, which
makes a thouf'and,

Ld. Hyde. The firft page, being the title
of it, your mafter brought to you to com-
pofe •, at the fame time when you were
compofing one part, your mafter was com-
pofmg another part of the fame Iheet in
the next room ; and part of it your mafter
did print as well as compofe : I think you
iaid this ?

M'alkcr. Yes.

Ld. Hydi. Likewife that the proofs were
carried to him to overlook, and he brought
them back within an hour, or an hour and
half after, and laid them down in the
work-houfe ; and that you faw the hand of
the amendments, but you cannot fwear it
•was his, only you fay that it was not unlike
it ; and that he had corredted former
(heets that you had printed, and that the
hand with which he correded others, and
.this, was alike -, and that there was no
ftranger in the houfe to corred it ?

JValker. Not that I faw,

Ld. Hyde. This is the fubftance of what
you faid f

IValker. Yes.

Mr. Recorder. Did your other man, or
you, ever correct ?

IFalker. No,

Mr. Recorder. Did he ufe other correc-
tors at any time ?

Walker. Yes, about fome books,

Mr. Recorder. What books.

ION OF TRIALS,

M^dker. " Hooker's Ecclefiaftical Po-
licy."

Ld. Hyde. You did rife to work at two
of the clock in the morning about it ; and-
your mafter laid when you told him Mr.
L'Eftrange was below, that he was un-
done ?

IValker. It was fo, mv Lord.

Mr. North. Mr. L'Eftrange, pray tell
my Lord and the Jury ot your taking
this.

Mr. VEftranze. My Lord, I do re-
member that three or four days, or there-
abouts, before the i2th of Odober lafr, I
had notice of a prefs that had been at work
for feveral nights in Cloth-Fair, and em-
ployed a perfon to watch the houfc ; who
told me that they ftill gave over early ia
the morning, nt day-light, or foon after.
At length intelligence was brought me in
thefe words, " That now they were at it.
as hard as they could drive," (which was'
about four in the morning.) I arofe, went
to one of the King's mcflehgers, and de-
fired him to take a printer by the way ;
who did fo : and I called up a conftable,
and fo went to Twyn's houfe, where we
heard them at work. I knocked a matter
of a quarter of an hour, and they would
not open the door ; fo that I was fain to
lend for a fmith to force it ; but they per-
ceiving that, opened the door, and let
us in. There was a light when we came ;
but before the door was opened, it was put
out. When I was got up ftairs, and a
candle lighted, I found a form broken,
(that is, the letters difperfed) only one cor-
ner of it ftanding entire; which was com-
pared by a printer that was there, with a
corner of a page newly printed, and ap-
peared to be the fame. This form was'
brought down out of the prefs-room into
the compofing-room. As yet we could not
find the whole impreffion ; but at laft they
were found throvvn down a pair of back-
ftairs. I remember they told me the im-

preflion

ACOLLECTIO

prelTibn was a thoufand. I afl<ed him
where he ha 1 the copy ? He told me, " He
knew not; it was brought to him by an
unknown hand," I told him h;* miift give
an account of it. He told me at kit, " He
had it from Calvert's maid." i aiked him
•where the copy was ? He tokl me, " He
could not tell." (When I fpeak of the
copy, 1 mean the manufcript.) We fearchcd
near two hours, and tould not find it: and
at length wnt thence to the conilable'i
houfe ill Smkhfield, and ftaid thtre a while
with the priloncT. I asked him, iVtr, Twyn,
faid I, who correftcd this iheet ? ' Alas,
faid he, I have no fkill in luch things.'
' Who revifed it then ?' Who fitted ■ it for
the prefs ? " Truly I had no body but my
felf ; I read it over." What thought you
upon rea'.ing it ? " Methoughts it was
mettlefome iluff: the man was a hot fiery
riian that wrote it." But he knew no hurt
in it.

Serjeant Morton. When you had. taken
thefe tlieets, were they wet, or not ?

Mr. TJEjlrange. They,_were not only
■wet, but half of them were imperfect,
printed only on one fide. Miffing the
copy, I told him after he was carried to
Whitehall -, Mr. Twyn, (faid I) it may
pofl'ibly do you fome good yet, to bring
forth the copy : If you will be fo ingenu-
ous to produce the copy, and difcoyer the
author, you may find mercy for yourfelf;
pray therefore get this copy : perchance I
may make fome ule of it. After that, his
fervant Bazilla Winfor brought out this
part of the copy : [producing a flieet of
manufcript in court.]

Ld Hyde. Joleph Wall-er, was the whole
copy of this book in the houf^ at that time,
when you tompofed th it which you ciid ?

Walker. I cannot tell : I f 'W it but fheet
by (heet.

Mr. Recorder. Did not you fee the whole
entire copy in your mailer's hand ?

N o F T R I A L S. 1 83

Walker. No : But [taking f ime part of
the manufcript in his hanci, faid J this is
the hand that I compofed by.

Mr. Rccc^rder. Mr. L'Eltrange, wiiere
had you the entire copy ?

Mr. UEJlra'ge. It was only the copy of
the iait ihtetj that I took m the prels.

Mr. Rei order. Who helped you to that ?

Mr. UEftrange. Bazilla Winfor, by di-
reiliun of the priloner, as I conceive : for
. told him, if you can help me to the
copy, it may do you fome good ; and foon
after part of it was brought me by her. I
a(l<ed Mr. Twyn further. How did you
dilpofe of thofe (heets which you had
printed, thofe feveral heaps, whither are
they gone ? He told me, he had delivered
;hofe iheets to miitrefs Calvert's maid, at
the Roll' in Smithfield.

Mr. Recorder. You fay he told you mif-
trels Calvert's maid received them of him 5
did you fince fpeak with that maiJ ?

M.r. L' Eft range. I was long infearching
Twyn's houfe, and one of his apprentices
made his efcape, and probably gave notice
of ic : for the night I went to miftrefs'
Calvert's houfe, flie and the maid too were
fied. I have fince taken the miftrefs, and
flie is now in cuftody. I have heard no-
thing of the maid fince.

Juftice Keeling. Twyn owned to you that:
he had correded fome of the Iheets ; that
he liad read them, and f\id, It was mettle-
fome fiufi^.

Mr. UEftrange. I did afk him in the
houfe of the conftable. Who corrected this ?
The correftor mult certainly know what it
was. Said he, *' I have no skill in cor-
redting." But when. I fpeak of " cor-
recting," 1 mean who " reviled" it, " over-
looked" it for the prefs ? " I read it over,"
fays he.

Iivyn. I never faid fuch a word.

Mr. L'EJlrange, He fpake this in the
prelence of two or three here prefent. Could ■

you.

184

COLLECTION of TRIALS.

you read over this book, faid I. and not
icnow that it was not fit to be printed ? " I
thought it was a hot fiery fellow •, it was
jnettli;, or mcttlelbme ftuff :" fomewhat to
that cffcdi:.

Serjeant Morten. What did you hear him
confels before Sir Henry Bennet ?

Mr. UEftrange. He owned the thing -,
•that is, he acknowledged he had printed
the (heet I fhewed there, and two other
(heetb of the fame Treatile.

Serjeant Morton. Did he acknowledge he
corrcdted them ?

Mr. UEftrange. I know not whether be-
fore Sir Henry tjennet he did, or no.

Serjeant Morton. What know you about
iTJOney received by him ?

Mr. UEftrange. He faid Calvert's maid
paid him 40 s. in part for that work.

Tivyn. I faid I had received money ct
Calvert's maid for work I had done; but
named not that.

Mr. Dickenfo.i fworn.

About the 7th day of Oftobcr, it being
Wednefday, as I remember, about five
o'clock, we attended Mr. L'b.ftrange, my-
felf and others : We came to the houfe ot
the priibner in Cloth-Fair, and upon the
backfide of his houfe we rtood iiltcning a
good while, and heard prefics a working.
Upon that I came to the fore-part, b) Mr.
L'Eftrange's order, and knocked ; but
none would anfwer : I took the conftable's
ftaff, and knocked again ; and none would
anfwer yet. After that Mr. L'Eftrange
knocked near half an hour ; and nobody
coming, he at laft fent for a fmith's ham-
mer to force it open. Afterwards they
came down, and opened the door. Then
Mr. L'Eftrange and the printer (Mr. Mabb;
went up ftairs : I conLiniicd below with
the conftable and the King's meflcnger, to
obferve v.hei;herany went in or out. After
which, fome Iheets fell down on the other

fide of the houfe. Meeting with one of
them, and perceiving they had difcovered
the fheets they enquired after, I rea j fome
part of it ; and finding what it was, I went
up, and found the fheets thrown behind the
door. Mr. Twyn, (faid I) I wonder you
would print fuch a thing as this : You
could not chufe but know that it was very
dangerous to do any fuch thing. He an-
fwcred. That ' he did not confider what it
wa^." Queftionlefs, faid 1, you could not
but know it was very dangerous ; for when
you revifed ir, you mult needs know the
fenlc of it. I tlimk it was a dangerous bu-
finefs ; what did you think of it ? Says he,
" I thought he was a good Imart angry
fellow ; it was mettlefome ftuff;" or to
that purpofe. This was the fubftp.nce of
our difcourfe. I did lee fome ot the flicets
prnted 011 one fide, and lome on both
Iides : the form lay difordered ; yet not fo,
but there was a corner of it yet rtmainng,
and I having the llieet in my hand di coin-"
pare them together, and, to the bcft of
my remembrance, I do remember ihcfe
very words. ' Execution ot judgment, and
Lord have."

I d Hyde, Who did he fay revifed the
prefs .''

Dicketifon. He feemed to confels that he
had correfted it himfelt ; for wiitn I urged
it to him, that he could not chuk but
know the matter of it by readii.g it ;
'J ruly, fays he, " I thought he was an
angry fmart fellow : It was good metdefome
ftuff, indeed."

Judge Keeling. The queftion afked by
my Lord, is. Whether he did coni'efs he
reviled it, or whether you did coilefi it
from his reply ?

Dickenjon. Truly, by that anfwer I
guefled he corretted it.

Recorder. Did he confefs that he read it?

Dickenfon. I put that queftion to him ;
and to the beft of my remembrance, he did
not deny it.
1 Ld Hyde.

A C O L

E C T

Ld Hyde. To Mr.
felled he read it over-

L'E

ftr

ange he con

Thomas Mabb fworn.

My Lord, I was with Mr. L'Eflrar.ne
in this man's houfe ; and being there, going
up, we found the prtls had been lately at
work. There was at each prefs a fiieet
laid ; I took them off the cympan, (Ibme of
the jury underitand that tcriTi :) tliey were
jufl: laid upon the points, printed on one
fide, I gave Mr. L'Eftraiige thefe two
fheets, the fame with thefe, (llie ingtwo
Iheets) fomc were perfect, others imper-
feft. I could not find the form a great
while. I gave him the fheet to pe uici
and in the mean while I went down, and
below I found the two forms, but broken :
Somewhat indeed was Handing-, whereof I
took part in my hand, and read in the
letters. Mr. Dickenfon having the flieets,
he heard what I rc.id, and looking on the
■/beer, found them agree.

Tuyn. What were the words that you
read ^

Mr. Mabb. The words were " Execution

and judgment, and Lord have" There

was a back pair of llaiT-g out of his prefs-
room, partly between his houfe and his
neighbour's, and in th= hurry they had
thrown tlie iheets down there ; part fell be-
hind the dooi, and part at the bottom.
When I queil^oned him how many
was done, he faia five hundred ; but
I adjudged thole I faw to be about
feven hundred and fifty. Looking again
over the door, I efpied the remainder of
the llieets, . about two hundred and fifty
more, and I brought them together; and
then he owned there was one thoufand.

Ld Hyde, What elfe do you know ?

Mr. Mabb. At the conftable's houfe, I
heard him ufe the words. That "it was
jnettlefomic ftufF," and chat '* nobody cor-

VoL. L No. 8.

GN OF TRIALS. 185.

redbcd it but himfelf. Said I, I wonder
you would offer to do it ; you could not
compofe it, but you muft underftand it.
Said he, " It was my bad fortune to med-
dle with it." Said I, you loft a prefs but
a little while fince, I wonder you would do
this. He feemed tq be forrowful.

Scrj. Afi5r;^«. He die! confefs he cor-
refled it.

Mr. Mabb. Yes, niy Lord.

Twyn. No, my Lord, I did not.

John Wickham fworn.

Upon the 7th of Oftober, as I take it,
about four o'clock in the morning, Mr.
L'Eftrange came to my houfe, being one
of the King's mefiengers, and told me I
muft go immediately with him to Cloth-
Fair, and lent me to call one Mr, Mabb
by the way. I met Mr. L'Eftrange near
Mr. Twyn's houfe between five and fix
o'clock: Wc had a conllable, and went
and knocked at the door ; they knocked at
leall half an hour . before they got in. i
heard fome papers tumbling down, and
heard a rattling above, before they went
up. But I ftood at the back-door, to
fecure any from running out that way ;
and at lali, when they laid there were fome
fheets thrown into the next houfe, I went
and looked, and there were two or three
hundred, and they were wet, newly come
off the prefs. That's all I can fay.

Serj. Morton. Did you hear this man fay
that he had correfted it }

Wckham. No ; But I having him in
cuftody at my houfe, I aiked him about it;
he faid, " It was a very bitter thing, that
it was his unhappy fortune to meet with
it."

Jury. Did he confefs he printed it ?

Wickhavu Not to me.

Serj. Morion. He faid, " It was a bitter

thing;" and " that it was his unhappy

B b b fortune

A COLLECTION of TRIALS.

fortune to meet with it :" Make the beft of I
that -, compare that with the reft of the

cv.dence.

William Story fworn.

Gentlemen of the jury, upon the 7th of
Gflober laft, early in the morning, I was
ientfor to Mr. L'Eftrange into Cloth-Fair:
"We went to the houfe of this Twyn. After
fome time knocking, they went up ftairs,
and brought down leveral papers :"I know
•not what they were. I went into the next
houfe with Mr. Wickham, and there we
found two or three hundred flieets, and
brought them to Mr. L'Ellrange. I afked
the prifoner at my houfe, whether he could
not write or read? He laid, " Yes." Did
not you ufe to read what you printed ? He
•faid, " Yes." Did not you know treafon
■when you read it ? " It was a fiery thing •,
1 did not mind it much : but I (hould have
got money by it."

Mr. Mahh. He owned he had but a very
fmall price for doing it.

Mr. Jofeph Williamfon fworn.

That which I can fay is. That I know
this [looking upon a paperj to be my own
hand-writing, and to be the examination
taken of this Twyn. I took it -, and he
owned it after it was written.

Set], Morion. What was the fubftance
of it?

Ld. Hyde. What did he confefs before
Mr. Secretary, when he was examined ?

Mr. Williamfon. He faid, 1 hat the copy
of the book was brought to him by one
Evans, maid to Miltrcfs Calvert. That
for the author, being asked if he knew
him, he faid he did not; and that he had
Jem il.e copy of three fliects of the book;
that he had printed only two of thofe
flieets, a thoufand exemplaries of each.

JuJge Keeling. Did he confefs that .?

Mr. Williamfon. Yes. And further, That
he had delivered them to this Evans at the
fign of the Rofe in Smithfield •, that he
himfelf had correfted thofe fhcets he had
printed, and that he had read them after
they were printed ; that for his pains
and printing of them, he had received
forty (hillings in part from this maid at the
delivery of them at the Rofe ; that the
maid carried away thofe exemplaries from
the Rofe •, and that he parted with her at
the door.

Serj. Morton. I hope you obferve, gen-
tlemen. We have now done : We defire
the prifoner may give his anfwer to it ; and
then we fhall make our reply.

Ld. Hyde. What fay you ? you have heard
the wirnefies, and what is laid to your,
charge.

7wyn. I did never read a line of it in
my life.

Ld. Hyde. That's impoffible. I'll tell
you : firll, your own man, who fet part,
fwears you did both fet and print part of
this book yourfelf : you gave him the title
to fet. You compofed one part of the book,
whilft he was compofing another part. Is
it poflible you could compofe, and not read
a line of it ? He tells you further, when
the firft fhcet was printed, he brought it
into the kitchen, and laid it down, knew
rot of any one in the houfe hut yourfelf ;
about an hour, or an hour and halt after,
you brought it back again corredted, laid
it down •, and the hand that correfted it,
was not unlike your hand u[. on other cor-
reclions of books. Pray brother Morton,
let the jury have books, and Mr. Lee read
the indiiStment, that they may fee they agree.

Serj. Morton. 1 oblerved to you there
were thirteen treafonable paragraphs ; you
fhall find them marked out in the margent.

Ld. Hyde. You fliall lee there are trea-
fons with a witnels ; See the very title.

Mr. Lee. [Reads the title of the indidl-
ment.] " A Treatife of the Execution of

Jufticc

A COLLECTION of TRIALS.

187

Juftice : Wherein is clearly proved, That
the execution of judgment and juftice is as
well the people's as the magiftrates duty -,
and if the magiftrates pervert judgment,
the people are bound by tlie law of God to
execute judgment without them, and upon
them."

Ld. hdye. That you gave to your man to
fet.

Mr. Lee reads, " It is one of the fcarlet
fins of this nation, that the people fuffered
their rulers, &c." — The particular paflages
are too impious to be publidied, and indeed
too foul to be repeated, but in fubftance.
Thofe mentioned in the indiftment are as
follows :

Firjt, The fupreme magiftrate is made
accountable to the people.

Secondly, The people are rebellioufly in-
cited to take the menage of the govern-
ment into their own hands.

Thirdly, They are animated to take up
arms, not only againft the perlon of his fa-
cred Majelty, but likewife againft the royal
family.

Fourthly, They are ftirred up to a revolt
(in that very term) as an action honour-
able and confcientious ; making publica-
tion in the next claufe of encouragement
to any town, city, or country in the three
nations, to begin the work.

Fifthly, The people ars laboured not
only to caft off their allegiance to the King,
but in direft terms to put his facred Ma-
jefty to death. And to the purpofes before
mentioned tends the whole fcope of tlie
treat ife.

Serj. Mcrton. You may judge of the reft
by this : We will not put you to any more
expenceof time ; there hath been fufficient
treafon in that which you have read.

Ld. Hyde. Now fay what you will. But
1 muft tell you, in thofe particulars that
have been compared, there is as much vil-
lainy and flander, as is polfible for the devil
or man to invent : It is to deftroy the King
in his perlon ; to rob him of the lave and

affedions of his people ; to deftroy th^
whole family, and all government, ecclefiaf-
tical and civil. And this read by yourfelf,
owned, and caufed to be printed.

Twyn. Except it was that llieet which
Mr. L'Eftrange read to me when I was
taken, I never heard it before, nor read it.
Ld. Hyde. Your man fwears that you
did fet and print part of it : It's impoflible
to compofe and fet, but you muft read it.
Nay, you did examine and corredl the
flieets ; brought them up again. Mr.
L'Eftrange fwears you confefled you read
it over -, it it was mettlefome fluff, Mr.
Dickenlbn fays you did not fay you read
it over ; but he faying to you it was impof-
fible you lliould fet it, and not read it, you
told him alfo it was metllejome fluff : You
could not judge it to be mettlefome fluff, but
you muft read it. Tliere is Mr. VV'illiam-
fon fays that you confelfed before Mr. Se-
cretary Bennet that you had feen three
ftieets, printed off two fheets, corrected
thofe two ftieets ■, and after, printed, and
delivered them ; and that you had forty-
Ihillings in part of payment. Befides this,
wiien Mr. L'Eftrange came firft, you were
up, (nay, at two o'clock in the morning:)
when they came and knocked at the door,
they heard preffes going, you would make
no anfwer till they called a fmith, with in-
tent to force it open. When they came in,
they found a form brought out of the
printing room, and broken, all but one
corner •, that taken up by a printer, and
compared with the lines of the printed
ftieets, and found to agree. Some of the
were printed on one fide only, the reft per-
.fefted, you threw them down ftairs, pait
into your neighbour's houfe •, laid, you
were undone, when you underftood Mr.
L'Eftrange was ther^. What needed all
this, but that you knew what yau were do-
ing, and did it purpofely to do miichief ?
■l-ayi. I did never read or hear a line of
it, bu-twhei'. Mr. L'Eilr-ange re<id it when
I was taken. J^'^g^

C O L L E C T I

Was it printed at your

m'ght :

,.iS3 A

Judgr Keeling
boufe or no ?

Twyn. I know not but that it
Not that I dul it with my own hand.

Judge Keeling. The papers were fo\inc'
wet v/ith you : Who was in your houfe ?
Twyn. My two fervants.
Judge Keeling. Did any one fet them at
work, but yourleif? Did they work of their
own heads ?

7-wyn. 1 did ufe to fet them at work ;
but I did not let tliem on that particular
work.

Ld Hyde. Hrve you any thing elfe to
fay P God forbid but you fliould be heard -,
but the jury v.ilj not cafily believe fuch de-
nials againfi fo much evidence.

Judge Keeling. Tell us to whom you
carried this copy to be correfted .''
T-inyn. I know not who corrected it.
Ld Hyde. If you have any thing to fay,
fpeak it ; God forbid but you fhould have
a full hearing : Say what you will.

Ttvyn. I fay I did not read it, nor heard
it, till Mr. L'Etlrange read it.

Ld Hyde. Have you any thing elfe.?
Twyn. It's pofllble I may upon confide-
ration.

Ld. Hyd^. We cannot fpend all the day:
I mull let the jury know they are not to
take your tcftimony.

Serj. Morton. I am of counfel for the
King : I fliall reply, if he will fay no
more.

Judge Keeling. You have heard your
charge ; this is your time to make your
anfwer: If you do not fpeak now, you
muft not fpeak after. Therefore if you
have any thing to fpeak in your juftifi-
cation, or witnefles to call, now is your
time.

'Ld Hyde. Let me give you this caution:
We cannot fpend time in vain-, we have
other bufmefs before us, and it grows late.
The beft counfel I can give you, is this :
You faid at firft, that you defired to be

ON OF TRIALS.

tried in the prefence of God. You arc;
herein the prefence of Almighty God, and
I would to God you would have fu much
care of yourfelf, and do fo much right to
yourfelf, to declare the truth, that there
may be m.eans of mercy to you. TIlc belt
you can now do towards amends fur this-
wicl ..Inefs you have done, is by difcover-
ing the author ot this villainous book : If
not, you muft not expeft, and indeed God
forbid that there fhould be any mercy to-
Vtfards you.

Twyn. I never knew the author of it,
nor who it was, nor whence it came, but
as I told you.

1 d Hyde. Then we muft not trouble
ourfelves. Did you never fee the hand
before, with which this copy was v/ritten ?
Twyn. No.

Ld Hyde. I am very confident you would
not then have been fo mad, as to have
taken fuch a copy : A copy fraught with
fuch abominable treafons and lyes ; abuling
in the firft place, the late King that is
dead, who was, I'll be bound to fay it, as
virtuous, religious, pious, merciful, and
juft a Prince as ever reigned, and was as
villainouily and barbaroufly uled by his re-
bellious fubjefts. Nay, you have not
refted here, but have fallen upon this
King, who has been gentle and merciful
beyond all precedent. Since he came to
the crown, he has fpared thofe that had
forfeited their lives, and all they had :
and he has endeavoured to oblige all the
reft of his people by mildnefs and clemency.
And after all this, for you to publifli fo
horrid a book, you can never make
amends : God forgive you for it.
Tvcyn. I never knew what was in it.
Ld Hyde. You of the jury, I will fay
only this : That in point of law, in the
firft place, there is no doubt in the world,
by the law of the land, ihe publiihing fuch
a book as this is as high a treaibn as can
be committed : by this ht has endeavoured

.- I

A COLLECTIO

t» take away the life of the King, and
dcftroy the whole family, and fo confe-
quently to deliver us up into the hands of
foreigners and ftrangers. It is a great
bleffing that we have the Royal line
amongrt us. But, I fay, there is no
queftion (and my brothers will declare the
fume, if you doubt it) that this book is as
fully treafon by the old ilatute, as much
the compafTmg and endeavouring the death
of the King, as poflible : And he refts not
there, but he incites the people to re-
bellion, to dethrone him, to raife war.
And the publifliing of this book is all one
and the fame, as if he had raifed an army
to do this. The proof is, that he fet part,
printed part, and corre£ted it ; by his own
cOnfeflion, read it over. It was " mettle-
fome ftuft" ," confefied how many flieets he
printed •, the reward and recompence, you
took notice of it. And I prefume no man
among you can doubt but the witnefles
have fpoken true : And for his anfwer,
you have nothing but his bare denial. And
lb we fliall leave it to you.

Set Simon Dover to the Bar.

Dover. My Lord, I pray time till Mon-
day morning : 1 have fcnt away the copy
of my indidtment.

Ld Hyde. The fefiions will be done to-
night : Mr. Recorder and the reft are to
go away on Monday ; and therefore we
muft end to-night.

Dover. I bcfeech your Lordlhip I may
have time till night.

Ld Hyde. Men clamour, and fay they
are hardly ufcd, their trials being put off:
Arc you content to lie in gaol till the next
fcfllons ?

Dover. No, my Lord, I have had
enough of that : We are willing now to
have it tried.

Ld hyde. You have had a kindnefs done
to you, that it is not laid treafon j and

Vol. I. No. 9.

NofTRIALS. i?q

I therefore go on to your tryal. But becaufe
you fliall not fay you are iurprized, if you
will not go on now, you mult lie in the
gaol till the next felTions, We cannot bail
you.

Do'9er. My Lord, tlie indlftment is full
of law, and 1 underftand not the formalities
of it : I defire but till four o'clock.

Ld Hyde. We mult do it before we go
to dinner, or not at all ; for there is judg-
ment to be given to the gaol, and all of us
Judges are commanded by the King to
attend him to-night.

Dbver. I am not able to plead to it.

Ld Hyde. Then becaufe you iliall not
fay you had not all the right imaginable,
we will difpatch the reft of the gaol to-
night, and adjourn the fefiions till Monday
morning, and you ftiall then have a f:iir
trial, by the help of God. You and your
company, Nathan Brooks and Thomas
Brewfter, are you all dcfirous to be tried
on Monday morning ?

All Three. Yes.

Ld Hyde. Becaufe you Ihall not want
advice, or any thing elfe, you ftiall have
all the liberty you will defire, to fend for
perfons ; but you muft be prifoncrs till
then.

All Three. We humbly thank you.

Then the jury went out -, and after
about half an hour's confultation, they
returned to the court, and took their
places.

Chrk. Are you all agreed of vour ver-
dia.?

Jury. Yes,

Clerk. Who ftiall fay for you ?

Jury. The foreman.

Clerk. Set John Twyn to the bar : Look
upon him, my mafters ; how fay you, is
he guilty of the high treafon whereqf he
ftands indi<5ted, or not guilty .''

Foreman. Guilty.

Clerk of Newgate. Look to him, keeper.
C c c Clerk,

190 ACOLLECT

Clerk. Hearken to your verdift, as the
court hath recorded it : You fay that John
Twyn is guilty of the high treaibn whereof
he ilood indided, and that at the time of
committing the faid treafon, or any time
fince, he had no goods, chattels, lands
nor tenements, to your knowledge ; and
fo you fay all ?

Jury. Yes.

Clerk. John Twyn, thou haft been ar-
raigned for high treafon, and thereunto
haft pleaded Not Guilty, and for thy tryal
haft put thyfelf upon God and the country,
and the country hath found thee guilty-,
what canft thou now fay for thylelf, why
the coiut fliould not proceed to judgment,
-and thereupon award execution of death
againft thee, according to the law ?

Twyn I humbly beg mercy; I am a
poor man, and have three fmall children,
I never read a word of it.
- Ld Hyde. I'll tell you what you fhall
do : Alk mercy of them that can give it ;
that is, of God and the King.

T-ivyn. I humbly befeech you to inter-
cede with his Majefty for mercy.

Clerk of Newgate. Tie him up, exe-
cutioner,

Cryir. O yes! My Lords the King's
Juftices command all manner of perlons to
filence while judgment is giving, upon
pain of imprifonment.

Ld Hyde. John Twyn, and John Dunf-
more, (oneconvifted for clipping of money)
I am heartily forty that your carriage and
grievous offences Ihould draw me to give
that judgnient upon you that I muft. Jt
is the law pronounces it, God knows it is
full fore againft my inclination to do it ; I
will not trouble myfelf or you with repeat-
ing what you have done ; but only this in
the general, John Twyn, for you : Ycurs
IS the moft grievous and higheft treaibn,
and the moft complicated of all wickednefs
that ever I knew •, for you have, as much

ION OF TRIALS.

as pofllbly lay in you, fo reproached and
reviled the King, the dead King, and his
pofterity, on purpofe to endeavour to root
them out from off the face of the earth. I
fpeak it from my foul, I think we have the
greateft happinefs of the world, in enjoying
vvhar we do under fo gracious and good
a King ; yet you in the rancour of your
heart thus to abufe him ! I will be fo cha-
ritable to think you are milled. There's
nothing that pretends to religion, that will
! avow or juftify the killing of Kings, but
I the jefuit on the one fide, and the feftary
on the other: indeed it is a defperaie and
[dangerous doftrine, fomented by divers of
i your temper, and it's high time feme be
made examples for it. I fliall not fpend
j my time in difcourfe to you, to prepare
you for death •, I fee a grave perfon wnofe
office it is, and I leave it to him. Do not
j think of any time here, make your peace'
j with God, which muft be done by con-'
feffion, and by the difcovery of thofe that
I arc guilty of the fame crime with you.
God have mercy upon you ; and if you lb"
do, he will have mercy upon you. But
forafmuch as you John Twyn have been
indided of high treafon, you have put
yourfelf upon God and the country to try
you, and the country have found you
guilty : therefore the judgment of the court
is, and the court doth award, " That you
be led back to the place from whence you'
came, and from thence to be drawn upon
an hurdle to the place of execution ;- and
there you fhall be hanged by the neck, and
being alive, lliall be cut down, and your
privy- members fliall be cutoff, your en-
trails fliall be taken out of your body, and
you living, the fame to be burnt before
your eyes ; your head to be cut off, your
body to be divided into four quarters, and
your head and quarters to be difpofed of at
the pleafure of the King's Majefty. And
the Lord have mercy upon your foul."

Twyn:

A COLLECTIO

Tv^yn. I moft humbly befeech your Lord-
ihip to remember my condition, and inter-
cede for me.

Hyck. I would not intercede for my
own father in this cafe, if he were alive.

Monday, February 22, 1663-4.

THE court proclaimed.

Cierk. Set Simon Dover, Thomas Brew-
fter, and Nathan Brooks to the bar : Look
to your challenges.

The fame jury fworn anew.

Clerk. Set Thomas Brewfter to the bar,
and the reft fet by, You of the jury look
upon the prifoner •, you lliall underftand
that he ftands indicted in London by the
name of Thomas Brewfter, &c. (and here
he reads the indictment) for caufing to be
printed, and felling a book called, " The
Spceciies, ivo." Upon this indiftment he
hath been arraigned, and thereunto iiath
pleaded Not (iuilty, and for his, &c.
Your charge is to inquire whether he be
guilty of this fcdition and offence, or not
guilty. If you find him, &c.

Mr. North. May it pleafure your Lord-
{hip, and you gentlemen of the jury,
Thomas Brewfter ftands here indifted of a
foul mifdemeanour -, it is for caufins to be
printed, publifaing and uttering a feditious,
Icandalous, and malicious book. The in-
uiftment lets forth, That he not having,
&c. (Here Mr. North opens the inditft-
ment) and to this indidment he hath
pleaded not guilty. Jf there be fufficient
proof of the charge, you are to find him
guilty of the matter contained in it.

Thomas Creek, George Thefher, Thomas
Loft, and Peter Bodvel fworn.

Mr. North. Thomas Creek, tell my
Lord and the jury what you know con-

N OF' TRIALS. 191

cerning Brewfter, and your printing of a'
book called " The Speeches, &c." andhisf-
uttering and publiftiing of it.

Creek. I ftiall, Sir. There is a miftake
in the time, for it was before Chriftmas,
that Mr. Brewfter,. Mr. Calvert, and Mr.
Chapman did come to me at the Cock in-
Little-Britain ; and there they had fome
copy of the beginning of the fpeechfs of
the men that fufFered, that were the kmg's.
Judges, and they fpake to me to print it ;
and I did print part of the book, I cannot
tell you how much, without 1 had the
book, and then I can tell how much I did
print. (The book being fhewed him)-
If this be my printing; I fuppofe it was
done afterwards, another impreffion, and
I muft not own it in that. (He was.
ftiewed one of another impreffion.) My
Lord, thus far I own; the printers that
are of the jury will judge (pointing to
the page) this is my letter, and here I-
ended.

Ld. Hyde. What folio is that you ended
at ? .

Creek. You fliall fee, it is 06.

Mr. North. By whole order did you
print that ?

Creek. They all gave me orders together.

I ,d. Hyde. They all ! Name them.

Creek. Mr. Calvert, Erewjler., and Chap-
man.

Mr. North. Did they charge you to do
it privately .^ ■"

Creek. With as much privacy and expe-
dition as I could.

Mr. North. When you had printed them,
what did you do with them }

Creek. I difpofed of them by their order.'

Mr. North. Did you print but one im-
preffion, or more .-'

Creek. Yes, my Lord, I did print part of
a fecond imprcffiion.

Mr. North. That we ufe as evidence,
that he had ..uttered the firft, becaufe he

went

OLLECTION

How many did you

192 A C

Went ivpon a fjcond
print at fiift ?

Creek. To my bcO: remembrance, the
firft imprefTion was jooo.

Ld. llyde. Theie three employed you to
print this book, and you printed to the 36th
folio ?

Creek. Yes.

Ld. Hyde. And who printed the other
part ?

Creek. I cannot lay pofitively.

Ld. Hyde. Thelc three did afterwards
dirccl you to give out tlie flieets to fuch
and fuch perfons, booi'^.bindcrs, toilitch up,
and difpole ot .''

Creek. Yes.

Ld. Hyde. The firft was three thoufand,
you fay, what number did they take ?

Creek. They had all •, they fent for them
of me as fall: as I did them.

J. Keeling. Who did you fend the proofs

to"?

Creek. They were fent for to my houfe.

J. Keeling. Sometimes by Calvert, fome-
times his man, fometimes his maid, fome-
times by Brcji-fter.

Ld. Hyde. Do not you know who began
where vou left oft" ?

Creek. 1 am not able pofitively to fay,
I do believe, and I have heard, and fpoken
with them that faid Mr. Dover did ; but I
cannot pofitively fay it.

Ld. Hyde. Yqu wece not by, to fee it
done ?

Creek. No.

Ld. Hyde. What grounds have you to
believe that Dover printed the reft ?

Creek. Grounds! Truly it is lb long a^o,
to fwear pofitively I cannot.

Ld. Hyde. It is but three years ago.

Cieek. To the belt of my remembrance,
Mr. Dover \n the time of printing of it did
meet me, and converfe with me about it ;
but to exprefs time or place, I cannot.

Ld. Hyde. Did you and he agree that he
fliould pnnt the other part ?

F TRIALS.

Some fheets were changed at Mr.

Creek. No, my Lord ; I had nothing to
do to agree it with him.

Ld. Hyde. Did he declare to you that lie
printed the other ?

Creek. To the bed of my memory he
told mc he printed fome flieets.

Mr. North. Who changed flieets with
you ?

Creek.
Dover's.

J. Keeling. Who paid for the printing ?

Creek. Mr. Brewfter paid me ibme, and
fome Mr. Calvert paid me.

\^A.[Iyde. If you defire to aflc him any
queftions, you may.

Brewfter. By and by I Ihall, my Lord.

Dover. I defire he may tarry till I come
to my trial.

Serj. Morton. Don't doubt it.,

Mr. North. George Threfher, fpeak your
knowledge to my Lord and the jury, whe-
ther Brewiler did not bring you the book
called The Speeches, &c. to be llitch'd,
and what you did with them, tell the man-
ner of if.

Tbtejlier. May it pleafe you my Lord,
and the honourable bench, it is thus : This
book it i'eems was printed, Mr. Brewfter
came to my houfe to know whether I could
fold them, and flitch them in blue paper.
That night 1 went to feveral printers, Mr.
Dover was one of them ; we had ieveral
fheets from thence, (I did not fee them
printed) I carried them home, and went
about the working them that night.

J. Keeling. How many books were deli-
vered to you ?

IhrejJier. Firft and laft, about 500.

J. Keeling. Who delivered them to you ?

ThreJJier. Some were brought to my
houfe.

J. Keeling. By whofe diredlions ?

Ihre/Iier. Mr. Brewfter's.

J. Keeling. Did you deliver them to any
body ?

ThreJJier

A C O L L E C T I O N o f T R I A L S.

193

IhrePur. Yes, to Nachan Brooks re,ady
(licch'd.

J. Keeling. Wlio paid you for them ?

ThrcJJur. Mr. Brewfter for them he had,
and Brooks for them he had.

Mr. North. Thomas Loft tell your
knowledge in this bufinefs.

Thomas Loft. May it pleafe you, all
that I can fay is this : There was to the
number of about or near upon a thoufand,
as I take it, folded and ftitch'd in my mal-
ter's houfe, one Mr. Perry, I was then his
apprentice ; they were fent in, as I judge,
by Mr. Brewfter's order, but I cannot po-
fitively fay it ; my mafler appointed us to
do them ; I faw Mr. Brewfter there fome-
times, but 1 cannot pofitively fay that Mr.
Brewfter paid for the doing of them.

Mr. North. Did not your mafter picfs
the difpatch ?

Loft. My mafter did fo ; but I know not
whether they convcrfed to that purpofe.

Mr. Norih. Who fetch'd them away ?

Loft. His then apprentice did fetch feme
of them from our houfe.

Mr. North. Peter Bodvcl, tell my Lord
and the jury what you know.

Bodvel. I did carry fome three years ago
fdme btindles of books from Mr. Creek's
h9ure, and I think they were the bundles
of the fpecches of the King's Judges.

Ld. Hyde. From whence had you them?

Bodvel. From Mr. Creek's.

Mr. North. What did you do with
them ! Were they fold .''

Bodvel. I did fee fome of them fold in
the fhop.

Mr. North. Who fold them .'

Bodvel. Myfclf, and my miftrefs fome-
times.

Ld. Hyde. Were they brought to the fliop
to fell, by his privity ?

Bodvel. I do believe he knew of them.

Ld. Hyde. By the oath you have taken,
did he fend you for them to the printer's ?

Bodvel He or my miftrefs did.

Vol. 1. No. 9.

Ld. Hyde. Has he been in the fliop when
they have been fold i

Bodvel. I cannot truly t«ll, its three
years ago.

J. Tyrrel. To whom did you pay the
money that you received for them ?

Bodvel. We put it in the box.

J. Keeling. Do not bookfellers keep ac-
count what books they fell, and fet the mo-
ney ?

Bodvel. Not for pamphlets.

Mr. North. Did he not fend vou to tlic
bookbinder's for them, when they wcr<j
ftitch'd ?

Bodvel. It was by his or my miftrefs's
order.

J. Keelhig. What was your bookbinder's
name ?

Bodvel. Perry.

J. Keeling. Where was this book kept I
publicly, as otherbooks, or in other rooms?

Bodve!. In the Ihop, my Lord.

J. Keeling. Were they publicly to vie\T,
as other books ?

Bodvel. Not fo public as other books,
but public enough, Mr. L'Eftrangc knows.

Ld Hyde. I know you ufe to let your
titles of a new book lie open upon yowr
ftalls ; did you lay thefe open ?

Bodvel. No, my Lord, they did not do fo.

Ld Hyde. Who was the caufe they did
not ? Did your mafter direft the privacy ?

Bodvel. I think he did, we had fome di-
reftions to that end.

Ld Hyde. Not to lay them open upon
the ftall ?

Bodvel. No,

Ld. Hyde. Give the jury fome books,
and read the indictment ; let them be com-
pared.

Clerk reads the indiflment : Firft the
title ; " The Speeches and Prayers of fome
of the late King's Judges, viz. Major-gene-
ral Harrifon, Oftob, 13. Mr. John Carey,
Oft. 15. Mr. Juftice Cook, Mr. Hugh Pe-
ters, Odlob. 16. Mr. Thomas Scot, Mr.
D d d Gregory

194

A COLLECTION ep. TRIALS.

Gregory Clement, Col. Adrian Scroope,
Col. John Jones, Oftob. 17. Col. Daniel
Axteil, and Col. Francis Hacker, Oftob.
ig. 1660. The times of their Deaths, to-
gether with fevcral occafional Speeches, and
FafTages in their imprilonment, till they
came to the place of Execution. Faith-
fully and impartially collefted for further
latisfaftion."

Mr. Cook's letter to a friend, fol. 40.
" And lb I defcend to the caufe for which
I am in bonds •, which is as good as ever it
was: And I believe there is not a faint
that hath engaged with us, but will wifh at
the lull day that he had fealed to the truth
of it with his blood, if thereupon called -,
for I amfatisfied, that itisthemoftnobleand
orlorious caufe that has been amtated for God
and Chrift fince the apoftolical times ; be-
ing for truth, holinefs, and righteoufnefs,
for our liberties as men, and as Chriftians
for removing all yokes and opprefiions,"
And fol. 41. "It is fuch a caufe, that the
martyrs would again come from heaven
to fuffer for it, if they might : 1 look up-
on it as the moft high aft of juftice that our
ftory can parellel, &r."
[JSfot to trouble the reader with all the par-
ticulars mention'd in the indiftment; fince
the reft are but more of the fame in other
words.]

Ld Hyde. What fay you to this book ?

Bre-jofter. I defire to afk Mr. Creek a, few
queflions : Mr. Creek, how much of that
m the indiftment did you print ?

Creek. The jury may fee if they pleafe.

Ld Hyde. Truly, if he fays true, he fays
he printed no part of that with which you
are charged, but the title page ; he left off
at folio 36. your charge is the title, and be-
ginning at folio 40.

Brewfter. So that you fee he printed no-
thing for me that is in the indidment.

J. Keeling. Did you print the title ;^

Creek. Yes, my Lord.

Ld Hyde. And you printed the reft, by
his, Calvert's, and Chapman's direftions.

Creek. They delivered me the copy to-
gether to print.

Ld Hyde, If you have any thing to fay,
fpeak to the court, the jury will hear you.

Mr. North. Pray, my Lord, give me
leave to afk Creek one queftion : There
were two impreffions printed, did not you
print more in one, than in the other .?

Creek. I am upon my oatii ; to the beffc
of my remembrance I printed the fame that
I did before, for I had fome of it ftanding,
and fo I had the fame fhcets again.

Mr. Norlh. Had you no more ?

Creek. No, I had rather lefs.

Bre-wjier. That's ufual, he that prints
the firft, doth print the fame of the fccond.

Ld Hyde. He fays he did fo ; what have
you to fay to the charge '^.

Breivjttr. I conceive that part that I or-
dered the printing of, is not included in the
indiftment.

Ld. Hyde. Yes, every part ; he fays in
both imprefllons he printed to the 36th fo-
lio ; and all the reft was printed by your
direftion-.

Creek. No, my Lord, I printed to the
36th folio by his direftion, the reft was^
printed elfewhere.

}. Keeling. Your indiftment was this*
" For caufing to be printed this book,
called the Prayers, &c. and for felling and
uttering of it. For the evidence that you
caufed it to be printed, he fwears you di-
refted fome, and it is not likely you would
print half, and let the other half alone ; we
leave that to the jury, for your uttering that,
anon.

Ld Hyde. There are thefe two particular
charges in the indiftment, that you muft
anfwer : The firft is, your caufing it to be
printeJ ; and it is not dTcntial or of necef-
fity, that every particular that is in the in-
diftment be proved to be done by you j
you caufed this book to be printed, with

fuch

A COLLECTION of TRIALS.

luch a title ; that he fwears he did for you :
then let the jury, or any man living judge
whether you did dired; the book to be
wholly perfedlcd, or by halves. The fe-
cond charge is, that you uttered them ; you
dcliver'd five hundred of thefeto be ftitch'd
up, and dilpofed of them, fo that you are
in effect both printer and publifher of the
whole book.

Breivjler. He fpeaks of one part that I
ordered, there is no more proof, and that
was but to the 36th page; he fpeaks alfo
of fomebody elfe that was prefent with me,
and where they had the reft of the copy
printed, he tells you he knows not.
Ld Hyde. Have you any more to fay !
Breivjier. Yes, my Lord ; though he fays
J caufcd that part to be printed, yet he doth
not fay I did it malicioufly, or with any
defign againft the government.
Ld Hyde. The thing fpeaks itfelf.
BreivJler. Bookfellers do not ufe to read
what they fell.

Ld Hyde. You have forgot what he fwore,
you brought the proof.

Breicjhr. He did not fwear that : he fays
Mr. Calvert's man, and forr»etimes others.
Ld Hyde. Afk him again.
Creek. I did declare, that the proofs were
fent for, and carried away and read, fome-
times by Mr. Calvert's man, and others,
and fometimcs by his fervants, not by him-
felf ; they were wrapt up and fent.

Ld Hyde. For a man to pretend he did
not know, when he being mafter, fends
for the proofs by his fervant •, for any man
to fuppofe this is not the mailer's aft, (nay,
and direcfting it to be done privately) you
fhall never find a man guilty : they were
fold in his Ihop.

Brewjier. The grand part of the indiifl-
ment lies, Tiiai it was done malicioufly
and feditioufly, and then it fays know-
ingly-, though it be granted 1 did do it,
and fell it, yet it does not follow that 1
did it malicioufly and feditioufly :, I did it

195

in my trade : we do not ufe to read what
we put to print or fell. I fay, my Lord,
felling of books is our trade, and for tiie
bare exerciflng of it, knowing nothing of
evil in it ; it came out in a time too, when
there were no licenftrs, or appointed rules ;
fo that whatever was done wc are not ac-
countable for, for we read very feldom
more than the title, that fome of the jury
knows ; fo that 1 hope I cannot be faid to
do it malicioufly or knowingly. I can give
teftimony I am no perfon given to fedition,
but have been ready to appear upon all oc-
cafions againft, it.

Ld Hyde. Have you any more .-' if you
have, fay it.

Brewjier. My Lord, they are the fayings
of dying men, commonly printed without
oppofition.

Ld Hyde. Never.

Brewjier. I can inftance in many ; the
bookfellcr only minds the getting of a
penny : that declares to the world, that as
they lived fuch defjjerate lives, fo they
died ; fo that it might fhew to the world
the juftice of their punifhment ; and fo I
think it a benefit, far from fedition. It
was done fo long ago too, it was not done
in private, it went commonly up and down
the ftreets, almoft as common as a diurnal :
it's three years and a quarter ago, or there-
abouts,

Juftice Tyrrel. You fpeak of your be-
haviour, have you any teftimony here ?

Brew/ier. I do expedl fome neighbours ;
Major- General Brown knows me. Captain
Sheldon, Captain Colchcfter, and others :
I can give a very good account as to my
behaviour ever fince.

Ld Hyde. Say what you will, and call
your witneffcs, and make as much fpeed as
you can.

Juftice Keeling. There is another indid-
ment againft you, and while that is trying,
your neighbours may -come.

Bre'ivftcr,

196 A COLLECTIO

Erezujler. My Lord, I fiiall defift for the
preient.

Strj. Morten. May it pleaie your Lord-
fhip, and you Gentlt-men of the Jury •, I
am of Council for the King againtl \ ho-
mas Brewfter, bookkller, that ftands licre
indided, fur thst he, contra' y to the duty
of his allegiance which lie owes to our So-
vereign Lord the King, did caui'e nialici-
cufly a icditious and Icandalous book to be
printed, wherein tliere are divers Icandalous
claules contained, that are in difparagemcnt
of the King's royal prerogative, and againfl;
his government, crown and dignity ; and
liUewife that he hath fold and uttered the
fame books in contempt of his Majefty's
laws. This is the eifett of the indiclmcnt :
Jt has been proved to you by four witnefles,
that for which he ftands indided -, Firft,
That he did caufe part of the book to be
printed -, that's clearly proved by Creek :
likewife, that he has fold and uttered thofe
books in his (hop -, nay, he confefTes that
he did, and lays they were fold openly as a
diurnal ; and therefore he thinks it was
lawful for him to do it. He has gone about
to make a defence of this his feditious be-
haviour 1 he tclb you he did not print all
the book •, it is not faid, that he printed
fuch and fuch a letter of the book, but
that he caufed fuch a book to be printed :
and it is to be prcfumed, if he caufed one
part, he would caufe the other, or other-
wife it would be a book of maimed fcnfe
and imperfedt. Gentlemen, for the utter-
ing; and felling of them, that himfelf
confefles : you have heard the excules he
hath made, whether you will not find him
guilty of this crime, that I muft leave to
you, and to the dirctftion of the court.

Ld Hyde. You of the Jury, you fee the
indictment is for caufing a libellous and fe-
ditious book to be printed, under fuch a
title, that is, " The Speeches and Pray-
ers, &c." it is for caufing this, feditioufly,
fadioufly and wickedly to be printed ; and

N OP TRIALS.

for felling and publifliing it abroad to the
Kmg's people. For the matter of evi-
dence, you have heard it •, I will not repeat
the particulars to you, only fomething to
what he has faid, that you may not be
miflcd. Firft, He fays, it does not appear,
that he did it malicioufly or knowingly ;
there are fome things that you that are of
the Jury are not to expetl evidence for,
which it is impofiible to know but by the
Aft itfclf. Malice is conceived in the hear:,
no man knows it unleis he declares it : As
in murder, I have malice to a man, no
man knows it; I meet this man and kill
him; the law calls this "Malice." If a
man fpeak fcandalous words agamft a man
in his calling or trade, he lays his aftion,
" Malice," though he cannot prove it but
by the words themfclves. If I fay a Prin-
ter or Stationer is an ignorant perfon, has
no fkill in his trade, I would not have any
man to deal with him, he underftands not
how to fet letters, or the like ; here is no-
thing of malice at all appears, yet if you
bring your aftlon, you muft lay ic, " ma-
licioufly ," it is the deftroying your trade,
and you will have damages, i inftance in
this particular, that you may fee there is
*' Malice" fuppofed to a particular private
perfon in that flander, much more to the
" King" and the " State." The thing it-
fclf, in caufing a book to be printed that is
fo full of fcandals and lyes, to inveigle,
mifguide, and deceive the people, this is,
in conftruftion of the law, " Malice ;"
and though no malice appear further. The
next is this ; " faftiouflv, leditioufly, know-
ingly ," this carries " Sedition" as well as
'* Malice." Such a barbarous tranfcen-
dent wretch that murdered his Prince,
v/ithout the leaft colour of juftice, to de-
clare that " he rejoiced in his bonds ;" and
that " the martyrs would wilfingly come
from heaven to fuffer for it." Horrid
Blafphemy ! " All the faints that engaged
in it, to wifh that they had fealed it with

their

A COLLECTION op TRIALS.

197

their blood !" What can you have more to ; him, this is the pubhfhing of a Libel, and
riicourage :ind incite the people to ih.e kil- | an o/rVnce for which he ought to be indiift-
ling of Kings, and murdering their lawful ed, and punid^ed by the common law ; and
Prince ! This they pubhfh, and fay it was j he that ]>iints the Libel agdinft: me, as a

r()okcn publicly-, let it be upon his own
foul that did it: for in caie he did it, no
man knew it but thofe that heard it. But
to publilh it all over England, (3000 of
the firil imprefllon, and a fecond-.) this is
to fill all the King's fubjects with the jufli-
ficaiion of that iiorrid murder : I will be
bold to fay, " not fo horrid a villainy has
been done upon the face of the earth, fince
the crucifying of our Saviour." To print
and publilh this, is " Sedition." The next
thing is your trade. I have a calling to
ulc, and I may jullify the ufing of ir, fo
long as 1 ufe it lawfully -, but that mufl
not juftify me in all manner of vvickednefs
againft the King and State. As if a lawyer
(I will put it in my own coat) pleads a
mail's caufe, and againll the King -, this is
juflifiable, he ought to plead for his client,
but he mufl plead as becomes him. If a
lawyer in defence of his client will fpeak fe-
dition, do you think he is free from being
punifhed .'' So of a Printer ; if a Printer
prints feditious and faftious books, he muft
look to himfclf; that's no part of his cal-
ling to poifon the King's people : fo though
printing of a book be lawful, he muft ufe
it as the law appoints him, and not to in-
cite the people to fadion. Writing of let-
ters, you know it is common and lawful;
but if I write treafonable letters, give no-
tice to rife, do fuch and iuch unlawful Adls,
I arn to be punifhed for thefe letters. A
Printer he is a publick agenr, he is to do
what he is able to anfwer, or elfe he muft
take what follows. He fays, There was
no A6t againfl him : it is true, you fee he
is not indifled upon the Statute, but at
the common law, for an offence in the na-
ture of a libel. If I were a Printer, and
would compile a pamphlet againft a man,
though not in authority, and difparage
Vol, 1. No. 9.

publick perfon, or againfl: me as Sir Ro-
bert Hyde ; that Printer, and he that fcts
him at work, mufl: anfwer it ; much more
when againit the Kins; and the State. An-
other thing is this -, he talks to you of
" dying mens words :" if men will be fo
vile to be as wicked at their deaths, as
they had been in their lives ; put the cafe
of that man on Saturday convifted for
printing a horrible villainous thing, if he
will be fo unchriftian to himfelf, as to juf-
tify this at his death, or to fpeak as bad
as he iiad caufed to be printed, is that a
juftification to publifh them, becaufe they
are the words of a dying man } God for-
bid. A robber declares at the gallows, it
is for a noble caufe, for taking a purfe upon
the high-way, that it is an unjuft law to
condemn to death for fuch crimes. Shall
any man publilh this in print, and not be
liable to be punifhed for it ? If any that
were tried here upon Saturday, fhall villify
the Lord Mayor, or any of the Bench, ,
traduce them for doing of jufl:ice, fhall
this go unpuniflicd, if a man take it up
and print it ? This I fpeak to let you fee
this is without colour of law : He pretend-
ed he did it not knowingly ; I will not re-
peat the evidence ; " He fent for them,
had them ftitched, caufed them to be kc], t
privately," (not upon the Hall.) And ob-
ferve, he teJls you it was done " long
ago :" it is but three years ago that they
were as publickly fold as " Diurnals," he
fays. I fhall repeat no more, I know you
are men of underftanding; and of obedi-
ence to your King ; it is high time to take
notice of this difperfing of pamphlets ; if
therefore you do believe that he did caufe
it to be printed, or publilhed it, or both,
he is guilty of the rp.ifdemeanour laid in
the indicfment; (and " he hath a great
y. e c kindnefs

198

A COLLECTI

kindnefs in that it is not made capital :")
If you do believe that he did cither canfe it
to be printed or publifheil, t'cai's enough
to find him guilty of this Indiftment.

Clerk. Hearken to the other Indiulment:
He ftands indifccd in " London, &c." and
this for caufing to be printed a certain book
called, " The Phcenix, &c." pubhfhing the
fame, [the Indidnient v-'as wholly read.]
To this Indidment he hath pleaded. Not
Guilty ; fo your ifllie is to enquire whether
Le be guilty of this offence, or not guilty.

Mr. North., [opened the indictment in
rranneras before.] To this he hath pleaded
Not Guilty ; if the charge of the indiA-
ment be fufficiently proved, you are to find
him guilty.

Seij. Morton. May it pleafe your I.ord-
fliip, and you gentlemen of the jury, here
is another bill of indictment preferred
againil Thomas Brcwfter •, it is, that con-
trary to the duty of his allegiance to his
fovereign Lord the King, and purpofely to
-incite the people to fedition, and to with-
draw them from their natural allegiance to
the King, he hath caufed to be imprinted
irialicioufiy, falQy and fcandaloufly, a cer-
tain fcandalous book, entitled, " The
.Phoenix, &c." And this he hath done to
difturb the peace of the kingdom, and to
v;ithdraw the people from their allegiance;
and to the fcandal of his Majefty's govern-
ment, he hath caufed this book to be
printed, uttered and fold : and this we take
to be a great offence againft the King, and
his crown and dignity. Gentlemen, the
difperfing of feditious books is of great
danger to the kingdom ; falfe rumours,
they are the main incentives that ftir up the
people to fedition and rebellion, that raife
difcontentments among the people, and then
prefently they are up in arms. Difperfing
feditious books is very near a-kin to raifing
of tumults ; they are as like as brother and
filler : Raifing of tumults is the more maf-

ON OF TRIALS.

culine ; and printing and difperfing fedi-
•tious books, is the feminine part of every
rebellion. But we fliall produce our wit-
neffes, we fliall prove that this Thomas
Brcwfter caufed this book to be printed \
that when it was printed he did receive
three hundred •, that thefe he caufed to be
ftitched up ; that he uttered and fold them,
part in his own fhop, and part elfevvhere.
It being an offence of that great and dan-
gerous confequence, which tends to. the
diflurbance of the peace of the kingdom j
I hope you will take it into your lerious
confideration, and if the matter ftand
proved againfl him, you will give him his
due demerit.

Creek, Threfher, Loft and Bodvel, fworn
again.

Mr. North. Creek, tell my Lord and
the jury what you know of the printing of
the book called, " The Phcenix."

Creek. IVIy Lord, it was in May that
Mr. Calvert, Brewfler and Chapman
brought that book to me to print.

Ld Ch. Juft. Byde. What book .? name
it.

Creek. The Phoenix, &c. it was printed
for them three. All tkat I can fay, is,.
That Mr. Brewfier's part v/as delivered to
me by his direftion.

Ld Ch. Juft. Hyde. Who paid you for
printing of it ?

Cree-k. Mr. Brewfler paid for his part.

Juftice Keeling. How many was his part.?

Creek. His part of 2000, that was 600
and odd.

Ld Ch. Jufl. Hyde. Thefe three men
joined to bear eacii man his fliare?

Creek. Yes, every man was to "have his
fhare.

Juftice Keeling. Did he wifli you to do
it with privacy ?

Creek. Yes, with expedition and privacy.

Brewfter. Was the copy written or
printed .''

Cr((k.

A COLLECTIO

Creek. It was all printed formerly, fome
in quarto, fome in otlavo, and might have
been bought fingle in any place almofl".

Ld Ch. Joft. Hyde. What do you mean
by all printed formerly ?

Creek. My Lord, they were in feveral
parcels printed ; there was Mr. Calamy's
fermon, and Mr. Douglas's fcrmon, and
the reft.

Juftice Keeling. How long ago was it
fince they were brought to you to print ^
Creek. It was in May, three years.
Bre-wfter. Did I order you how you
fhould print them, or Mr. Calvert .? Did
not you hear him fay, that he had ftaid two
hours for me at an alehoufe to be his
partner ?

Creek. I did hear him fay fo.
Juftice Keeling. What made you fo loth
to be their partner ? were they two hours
perfuading of you ?

Creek. No, they waited two hours for
him to be their partner.

Serj. Morton. Threflier, did Brewfter de-
liver any of thofe books to you to ftitch
up .■*

Thre/her. Yes- and pleafeyou my Lord,
and I iiad them by Mr. Brewfter's order to
fold.

Serj. Morton. How many ?
Threfner. To the num.ber of two or three
hundred. '

Mr. North. Did hs. not enjoin you pri-
vacy ?

Ihrcjher. Yes, I think he did.
Juftice Ketling. When^ they were bound,
had you a note to deliver thofe books fafely
to any ^

Tbrtjfier. Yes, from hrs own hand ; he
defired- me to go and give them to fuch and
luch perfons, bookfellers. Said I, I fhall
hardly remember them -, he thereupon gave
me a note of their names to whom I fhould
deliver them ■,■ I. judge they were to be
truftcd moi^ than others.

N o? TRIALS.

199

Serj. Morton. Did you deliver them ac-
cordingly ?

Ihrejher. Yes, I did.
Ld Ch. Juft. Hyde. How many did you
deliver in that manner?

I'hreflier. Two dozen and more.
Juftice Keeling. If you will afli him any
queftions, do.

Bretvfter. Did I give you any order to
deliver them to any particular bookfellers ?
Thre/her. Yes, you did ; I believe Mr.
L'Eftrange and Mr. Williams (one of the
jury) can remember ! fhev/ed them the
paper you wrote to that purpofe.
Mr. (ViHiams. I did fee the note.
Brewjler. I do not remember I gave you
any order, they were all common things
before.

Juftice Keeling. You may afk him what
queftions you will.

Breu'/ier. I fhall aflc him no more.
Mr. North. Peter Bodvel, fpeak what
you know concerning the felling or utter-
ing the book called, The Phoenix, &c.

Bodvel, I never knew of the printino- of
them, T never knew my mafter fell any of
them, nor heard him give order for fellino-
of them.

Juftice Keeling. Did you fell any of them
for him ?

Bodvel. I think I did fell fome.
Serj. Morton. Wtre they in the fliop to
be fold?

Bodvel. Yes, they were.
Ld Ch. Juft-. Hyde. Wtrt they in the
lliop publicly, with the title-page lying
open upon the ftalj, as others books do,
when they are'ne\vly out ?

Bodvel. W^ feldom did fo with bound
books. ' ' '

Juftrce Keeling. Where were the boa!cs
found when they were feized ?

Bodvel. I think they were in fome of the
upper rooms.

Juikice Keeling. Where were theyfoTind,
by the oath you have taken ?

Bodvel,

«-'

A COLLECtlON of TRIALS.

Bodvd. I'hat Mr. L'Eftrange can tell
better than I, 1 did not fee him find any
or" them.

Ld Ch. Juft. Hyde. By the onth you
hare taken, where was the place whence
you were to fetch them, when )0U were to
i'ell. their, ?

Badvil. In the hall, the rocni over the
fnop.

Ld Ch. Jufr. Hyde. Were they put up
privately ?

Bodvel. They were h.

Juftice Keeling. What private place was
tliat ?

Bcdvel. It was a hole in the wall.

Juftice?"/;'?-^/. By whofe diredlion were
they laid there ?

Bcdvcl. I know not whether by his, or
my rniftrefs's.

Juftice Keeling. Were not Ibme found
under the bed ?

Bcdvel. I jieard that Mr. L'Eftrange
found fome of the titles under the bed.

Serj. Morton. I think it is enough ; what
fay you to it, friend ?

• Ld Ch. Juft. Hyde. Obferve this, and
anfwer it : It appears that you and two
more (Calvert and Chapman) did agree
■with Creek for printing this book, (feveral
parcels drawn into one volume) and you
■were to bear each of you a third part, and
to have a third part of the books ; he
Swears you did both pay your part, and had
your part ot the books : Thel'e books were
printed before, and fo they were common
enough, and therefore you muft needs know
what was in them. The third full part
■was brought to you, and delivered by your
appointment ; you gave a note how they
fhould be difpofed of, and you owned them
not in public: (your own foul told you
they were not to be juftified) two dozen
were delivered privately to particular pcr-
fons, by your direftion. Lay thefe things
together, and now anfwer them ; For the

indiftment is, That " you caufed fuch a
book to be printed and publiihed."

Brezvjier. In the firft place, the evidence
docs fay. That Mr. Calvert did acknow-
ledge when he gave him the copy to print,
that he ftaid fo lorg for me, in order to be
their partner, he that was the collector of
it together. They wcie all printed before^
and printed by licence •, for the books, I
never read them : weleldom read the books
we fell, being they were before printed,
and with licence fold fingle, (as the gentle-
men of the \ury know) 1 thought there was
no crime to print them altogether. It was
done in an interval when there were no li-
cenlers, we knew not where to go : what
has been printed formerly, we took it for
granted it might be reprinted, till this late
acl for printing ; and this was done before
this a£t.

Juftice Keeling. Have you any more to
fay".?

Brewjlcr. No, my Lord, I fliall leave it
to the jury. But, my Lord, here are now
fome neighbours to teftify that I am no fuch
perfon as the indiftment fets forth, that I
did malicioufly and feditioufly do fuch and
fuch things.

Ld Ch. Juft. Hyde. We will hear them,
though I'll tell you it will not much matter j
the law fays it is malice,

Capt. Sheldon fworn. My Lord, all thax
I can fay is, he was ready at beat of drum
upon all occafjons ; what he has been
guilty of by printing or otherwife, I am a
ftranger to that ; I know he was of civil be-
haviour and deportment amongft his neigh-
bours.

Juftice Keeling. It is very ill that the
King hath fuch trained-foldiers in the.
band.

Capt. Hanfon and others, offered to like
purpofe,

Ld Ch. Juft, Hyde. If you have a thou-
fand to this purpofe only, what fignifies it ?,

Juftice

A COLLECTION of TRIALS.

Juftice Keeling. Are you his captain ?

Capr. Sheldon. No, my Lord, Capt. Brad-
fhaw.

Ld Ch. Jiift. Hyde. He fhould be ca-
fliiered the band ; not but that he fhould
be charged with arms. Til tell you, do
not mirtake yourfelf, the teftimony of your
civil behaviour, going to church, appear-
ing in the train'd-bands, going to Paul's,
being there at common-lervice, this is well :
but you are not charged for this •, a man
may do all this, and yet be a naughty man
in printing abufive books, to the midead-
ing of the King's fubjefts. If you have
any thing to fay as to that, I (hall be glad
10 find you innocent.

Breivjler. I have no more to fay,

Ld Hyde, Then you of the jury, there
are fome things in this indidtment (as in
the other) neceflary to be ftated to you ;
my brothers and I have confulted here
about it : the indiftment is for caufing a
a factious and feditious book, called, " The
Phoenix, &c." with divers other things
therein, to be printed. But, pray let them
fee the book, and compare it with the in-
diftment.

Clerk. (Reads the indiftmenf, and firft
the title.) " The Phcenix, or the Solemn
Leagueand Covenant." (Edinburgh, Print-
ed in the year of Covenant-Breaking.)
" A King abufing his power, to the over-
throw of religiori, laws, and liberties,
which are the very fundamentals of this
contract and covenant, may be controuled
and oppofed. And if he fet himfelf to
overthrow all thefe by arms, then they who
have power, as the eftates of a land, may, I
and ought to refill by arms ; becaufe he |
doth by that oppofition break the very j
bonds, and overthrow the efTentials of this
contrafl and covenant, 'i'his may fcrve to
juftify the proceedings of this kingdom
againft the late King, who in a hoftile way
let himfelf to overthrow religion, parlia-
ments, laws and liberties." (The reft is

Vol. I. No. 9.

201

much at the fame rate, only now and then
a fpice of blafphemy, for the credit of the
holy league : A greater fin (is the breach of
that Scotch Covenant, according to our
author, page 158.) than a fin againft a
commandment, or againft an ordmance,
&c.)

Ld Ch. Juft. Hyde. You of the jury, you
fee the indictment agrees with the book.
There's a great deal of mercy that this man
hath not been indidted of treafon ; for thofe
very particulars you have heard are as high
treafon as can be. Firft, he doth declare,
" That the King abufing his power, the
people may refift, and take up arms againft
him:" That's exprefs treafon, without any
more ado. Then he tells you what a horrid
thiny it is to break that folemn leatrue and
covenant; juftifics the raifing of arms and
rebellion againft the late King, unthroning
and niurdering of him. I tell you that
folemn league and covenant was a moft
wicked and ungodly thing, againft the lavv
of God, and the law of the land. To have
fuch villainous ftuff to be publifhed, it is a
great mercy of the King it had not been
drawn higher. You lee the riian is fo far
from acknowledging any guilt, tliat he
juftifies the faft.

Brewftcr. No, my Lord, I do not juf-
tify mvfelf.

Ld Ch. Juft. Hyde. Yes, you do. The
printer fwears he was he was to go Ihare
and fliare like : he had his part ; he pub-
lifties them to fome particular friends : 1
fay he juftifics this. He tells you in his
defence. That it was commonly printed ;
that it was done by printed copy, and that
done formerly by licence ; and when
things are printed by licence, they do not
expeft or need any new or fecond licence ;
They were commonly fold afunder ; here
they are only printed together. That he
' fays is nothing. What is this but juftify-
ing the printing of it ? Obrerve, weigh:,
'1 and fee -what kind of defence here is. The
1 F iii title

202 ACOLLECTI

title, what is it ? " The Phcenix, or So-
lemn L-eagus and Covenant." You all
knpw it, aiui rue it. When w^s it printed?
It was when the wicked rebels here could
not feduce fufflcient numbers of the King's
iubjeifis to fupport their rebellion ; and
then they invite their dear brethren (a3
they call themi the Scots to unite with
them. I'he Scots were cunning ; they
would not do it till they had entered into a
covenant, in a leugue ; and then they con-
itnz to unite with the rebels here. This
Icafue and covenant was indeed in defence
of the King ; but how long ? So long as
he defended them, (the Prefbytery and
Scotch difcipline.) When they had got
this good King into their hand.s, they put
what terms upon him they pleafed ; and
then were thefe feditions fermons printed.
Douglafs's was printed in Scotland ; was
it licenfed here ? No, it was done there
and brought hither. Then for the other
fermon, by what licence was that printed .?
Obferver the time when it was printed ;
was it }iot to fet fortvard rebellion, to fet up
the Scotcli Prejhytery ; and this in forty-
five, when they were in arms againft the
Kino-, after the King put himfelf upon his
defence, and was at Oxford .? Do you
tell me of the licence of rebels then for
your juftification ? Now, when the King
is fo happily returned, now to publifli thefe
things a-frefli to the people, that they
might do the fame again ! And I tell you
once again, it is mercy in the King that he
was not indldled for treafon. I Ihall leave
it to you, you have had it fully proved.

Clerk. Set Simon Dover to the bar, (And
here the indidlment is read.)

Mr. North. Opens this indidment as the
reft.

Serj. Morton. We have but two wit-
nefles, and they will prove the matter
dearly. There v/ere two impreffions of

ON OF TRIALS.

this book ; we will prove he had a fharc In
both of them.

Creek fvvorn

agam.

Creek. I delivered before what I can lay.
• Judge Keeling. Look you, you mult de-
liver all that evidence over again, becaufe it
concerns another perfon.

Creek. I did lay, and fay ftill, That to
the belt of my memory. Mr. Dover did
print part of that book, and that he and I
did converfe about it in the time it was
doing ; but I cannot fwear it pofitively,
becaufe I cannot remember the time v/hen,
or the place where.

Judge Keeling. Did you change fheets
with him ?

Creek. With him, I cannot fay ; but
fome fheets were changed by our men.

Serj. Morton. You fay you think you
had fome difcourfe with him : Did not
you fpeak about the danger of printing
It ?

Creek. We talked of making an end of
it.

Serj. Morion. Can you remember to
what letter you printed ?

Creek. I have Ihewed the gentlemen of
the jury.

Judge Keeling. Had you no difcourfe of
the danger of it ?

Creek. I thought it would not come to
any thing : 1 did tell Sir R. Brown, (then
Lord-Mayor) That if they hanged twenty
more, J thought I fhould print their
fpeeches.

Judge Keeling. You knew the contents
of the book ?

Creek. Yes, I did.

Judge Keeling. Such men as you, the
King and the government hath a great in-
terett in your trade : That you fliould think
it lawful to print what a man fays when he
dies, and to fcatter it abroad, though never

A COLLECTION of TRIALS

f > hail, it's a great offence : I would not
have it pals for i'o clear a thing.

Ld Ch, Jull. Hyde. If you arc of iuch
principles, to print what you lift, you are
not fit to live in a civil place ; for a printer
or bookfeller to print any thing one againit
the other, is actionable. Do you think the
prefs is open to print what you lill ?

Creek., I did fo then,

Ld Ch. Juft. hyde. I'll deal plainly with
you : For this book, if you had had your
due, you ought both to have been drawn,
hanged, and quartered. When did vou
give Mr. L'Eilrangc information of this
matter ?

Creek. Lately, when I was a prifoner in
Ludgate.

Mr. Rcyjlon. (One of the jury.) I defire
to afk him one queftion*'; Whether Mr.
Creek faw this book a printing at Mr.
Dover's houfc, or no .''

Creek. No, I did nor.

Serj. Morton. They changed fheets.

Threfher fworn.

Thre/lier. This is all that I have to fay,
That the firft night that Mr. Brewller fent
for me to ftitch thefe books, it was very
late before we could get them : I went that
night to Mr. Dover's, and had fome of the
flieets, the reft at Mr. Creek's. I did not
fee him print any of them.

Serj. Mortotz. What quantity was there
of them ?

Threfher. I fuppofe there were two or
three hundred flieets.

Mr. North. Were they not of this book ^

Threjlier. Yes, of the fpceches.

Mr. North. Where were they delivered ?

Threjher. In the lower room : I ibppofe'
fome of them were hanging upon lines
before I had them.

Ld. Ch. Juft. Hyde. What fay you to it?

Dover. I defire to afk him fome qurf-
tions. I do lav I never faw the man

OF IKl^i^S. 207

before: I would afk whether ever he faw
me before in his life?

Threfner. Not before that : I was never
in his houfe but that night. By this token
I faw you, and you me ; when I came for
the fheets, you afl<ecl Mr. Brev, iler whether
he and Mr. Calvert were agreed, or elfe
you would not deliver the flieets.

Dover. I defire to know what time and
place : I am charged in the indidment on a
day and place.

Ld Ch. Juft. Hyde. That's not very ma-
terial.

Dover. He fixes nothing on me.

Ld Ch. Juft. Hyde, That the jury can
beft tell : Have you any more queftions ?

Dover. No, my Lord.
(The indiftment and books were compared.)

Dover. My Lord, there is no perfon
fwears that 1 printed it, or part of it :
Nothing fixed upon me.

Ld Ch. Juft. Hyde. The firft man fwears-
that you fet it to printing.

Creek. I do not fwear it pofitively ; I
never faw him print a fheet : It was the re-
port of the town that he did it.

Ld Ch. Juft. Hyde. You printed it : For
whom ?

Creek. For Brewfter, Calvert, and Chap*
man.

Ld Ch. Juft. Hyde. But you fay that you
and he did converfe about it when it was-
printing.

Creek. I did fay, to the beft of my me-
mory we did.

Ld Ch. Juft. Hyde. By the oath you
have taken, who did you change flieets
with ?

Creek. I cannot fay I did change any.
with him : I fay that fome fheets were
changed by my men, and they told me
they had them of his men.

Dover. Who are thofc men that
changed the Iheets ? Which of my men
are they ?

Juftice

204 ACOLLECTIO

. Juftice Keeling. Look you, Dover, you

are indi6ted for caufing to be printed thli
wicked book, and for publifhing and vend-
ing of ir. You are a printer by your trade,
as well as this man that comes againfl: you :
He fays he did not fee you print it ; but he
took it, and believed that you printed it.
-I tell you how far that weighs : You are a
printer by trade; and comes^the other, and
Uefires the fheets •, you would not deliver
them unlefs Mr. Brewfter and Mr. Calvert
were agreed. How, come the fheets to
your houfe, being a printer, and yet you
not print it ? Anfwer that.

Dover. I (hall, my Lord : It is no con-
fequence at all. Admit I had thefe flieets,
it is no confequence at all that I printed
them -, for printers and booklelhrs ufually
have books they did not print themfelves.
, Ld Ch. Juft. flyde. Threflier, by the
oath that you have taken, did you fee thofe
fheets hang upon the line in his houfe ?

TkreJ/ur. My Lord, I judged thefe had
lAteiy hung up : And I law other fheets
hanging there; and I knew nothing to the
contrary but thofe that hung upon the line
were the fame with thefe.

Ld Ch. Juft. Hyde. Here are fheets upon
the lines ; you dehvered him to fold part
.of thofe on the lines: What would, you
have more plain ^ you would not deliver
them, if they were not agreed •, then they
were agreed, and you delivered them.

Dover. 1 lay this •, I look upon the wit-
nefles to be altogether invalid : He is a
perfon of no good repute.
, LdCh. Juft. Hyde. A better man than
you, for ought appears : You are indided
for a foul offance, fo is not he.

Dover. I. am not the nian you take me
to be.

Ld Ch. Juft. Hyde. You fhall have evi-
dence, if you will, that you are at work at
this time upon as bad as this.

Dover. If it be a crime, lam forry for
it.

N OF TRIALS.

Mr. L'Eftrange fworn,

Mr. VEjlrange. Shall I fpeak to the
whole matter, or only to the particular you
laft mentioned ?

Ld Ch. Juft. Hyde. Say your know-
ledge.

Mr. VEftrange. When I came to his
houfe,' which was about the middle of Oc-
tober, to fearch, I found at that prefent, a
little unlicenfed quacking book ; and in
his pocket the libel that was thrown up and
down the town, called, " Murder will out,"
ready printed.

Ld Ch. Juft. Hyde. Which was a villain-
ous thing, and fcattered at York.

Mr. UEftrange. Since that, I was at his
houfe, to compare a flower which I found
in the Panther, (a dangerous pamphlet;)
that flower, that is, the very fame border, I
found in his houfe ; the 'fame mixture of
letter, great and fmall, in the fame cafe ; and
I took a copy ofi" the prefs, I found over
and above this letter, (producing the letter)
dated the 7th of February 1663. and direc-
ted, " For my dear and loving wife," J.
Dover. Is it your Lordfliip's pleafure I
fliall read it all ?

Ld Ch. Juft. Hde. If it be touching the
printing of things you found, do.

Mr. UEjirar.gc. (Reads it.) " I would
fain fee my fifter Mary ; therefore, fince
fifter Hobbs will not come, take her order,
and infteadof her name, put in fifter Mar
ry's ; it will never be queftioned here.
However, do it as wifely and handfomely as
you can," &c. -(And then in a poftfcript,)
" You muft either get Tom Porter, or
fome very trufty friend, (polTibly C. D.
may help you) to get for you a fafe and
convenient room to dry books in, as foon
as pofTibly you can." (And again:) "Let
me know what you intend to do with the
two fheets and half ; I will have it pub-
lifhed, when I am certain I fhall be tried."

A COLLECTIO

Ld Ch. Juft. Hyde. Let the jury fee now,
whether you are the man you would be
thought.

Dover. I defire to know whether my
name be to that letter ?

Mr. VEJlrange. No, it is not,

Ld Ch. Juft. Hyde. Where did you re-
ceive or find this letter ?

Mr. VEJlrange. My Lord, I found it
about his wife.

Ld Ch. Juft. Hyde. Let the jury judge
if this come from you, or no.

Judge Keeling. You of the jury, you
muft underftand this. That what is faid
now, is only upon his reputation, not to the
point in queftion at all : That matter refts
upon its own bottom.

Ld Ch. Juft. Hyde. I'll deal plainly with
you : Plad he not ftood upon fuch terms,
I fliould not have fpoke of this : But when
a man will be thus bold and confident, I
thought it proper, to let you fee how he
continues now in the goal.

Dover. I do not vindicate myfelf in it ;
but I fpeak againft the witnefs : I do con-
ceive that the witnefs does not fix any thing
upon me.

LdCh Juft. //v^d' Have you anything elfe
to lay to the indidment?

Dover. I am indicted as a malicious and
fadtiousman: The witnefTcsfaynofurh thing.

Ld Ch. Juft. Hyde. You are not indic-
ted fo, but that you have malicioufly and
faftiouCy caufed to be printed fuch a fedi-
tious book J not your perfon, but the
adion,

Dover, There is nothing of that proved :
Admit I was guilty of it, it was done when
there was no adt or law in being touching
printing. The witnefles do not fwear po-
iitively that I did do it : One fays he did
not fee me ; the other that he only believed
it ; that he did fee fome fheets upon the line,
and they were the fame for ought he knew ;
does not remember the time or place of
our difcourfe : I do not know that ever I

Vol. I. No. 9.

N OF T R I A L S. 20,-

I had Jialf an hour's difcourfe with him in
I my life ; I never had any meeting with
him about any fuch matter, nor had any
converfe witji him. The title of the book
fays, " Faithfully and Impartially collec-
ted for further Satisfadion ;" fo that it
cannot be interpreted malicioufly. It's a
maxim in law. That " the beft interpreta-
tions are to be put upon the words of the
indiclment, in favour of the prifoner at the
bar :" And I hope this honourable bench
and the jury will mind that. I am a printer
by trade; what 1 did was for my livelihood ;
the fcripture fays, " He is worfe than an
infidel that takes not care for his family."
I fpeak not this to juftify any thing againft
his Majcfty or his government. Through
my ignorance I may poffibly tranfgrcfs : If
I have done any fuch thing, I am lorry for
it ; I hope I fliall be more careful for the
future. 1 he other part of the indidment
is for felling of tliem : No man fwears that
I fold one book of them. Mr. Creek fays.
That fome of his men told him that he had
fome of thofe ftieets from fome of my folks •,
but of whom he does not fay. 1 hat I did
meddle with them knowing them to be
fcandalous, I hope there is nothing proved
of that nature; there being then no law, I
humbly hope there was no tranTgrelTion.
Ld Ch. Juft. Hyde. Have you done ?
Dover. I humbly defire your Honours,
and this jury, to take notice of what I have
faid.

Ld Ch. Juft. Hyde. You of the jury, I
will not fpend time (it is too late) in repeat-
ing the evidence : You have heard the evi-
dence particularly, and his anfwer. He
doth in part make the fame anfwer with his
fellows, which was. That it is his trade.
It's true, no doubt but he ought to main-
tain his wife and family by his lawful cal-
ling ; but if a thief ftiould tell you that he
maintained his wife by ftealing, is that law-
ful .'' printing books lawfully, no man will
call him to account for it j but if he prints
Ggg thit

2o6 . A C O L L E C T

that that is abufivc to the King and his go
vcrnmcnt, that's no part of his trade, and
ills trad'i will not bear him out in it •, he is
charged for printing and publifliing of thefe
fcandalotis books. That he did it know-
ingly, nialicioufly, fiifely, faftioiifly, and
.fcditioufly. I told you, that althouL^h all
thefe things be nor proved, yet if he did it,
the law calls it malice, faftion, and fedi-
tion. Confider thecircumftanccs -, you fee
it is done in the dark -, the Ihcets deliver-
ed at his houfe, and d'fcourfc about delive-
ry of them ; he would not deliver tliem
unlefs Brewller and Calvert we;e agreed.
I leave the evidence to you in this cafe :
Pregnant, ftrong, undeniable circumllances
are good evidence. Though a man doth
not come and tell you he declared to him
he knew what was contained in this book,
yet if there be fufficient evidence to fatisfy
you in your confciences that he knew what
was in it, and v^as privy to the printing and
publi filing of it, there's enough for you to
lind the indictment. You are to weigh cir-
cumftances as well as pregnant full proof
in cafes of this nature.

Clerk. Set Nathan Brooks to the bar.
You of the jury, you fhall underftand that
fiands indiiitcd, &c. Reads the indi(5l-
ment.

i\Ir. North afterwards opened the indidt-
■ ment.

Serj. Morton. This man, we fliall only
prove hinn guilty of ftitching and difperf-
;ng the faid books.

Threflier fworn.

'ThrePier. This man I have not- fcen thefe
three years.

Serj. Morton. Did he fct you to work in
ftitchingthefe books ?
\, Threjlier. He brought none to me, that
"I can remember : But by Mr. Brewfier's
order I delivered about two hundred, or
thereabouts, and carried them to his houfe
in St. Martins, and he took them at the

ION OF TRIALS.

ftcir-foot, and paid me for Hitching of them
in blue paper.

Serj. M.rton. Who furniflied you with
blue paper ?

Ihiejlicr. I went by Mr. Brewfter's order
to a Stationer in Bread- Itreet, and received
fome.

Brooks. Idefire to know whether in thofe
books he faid he delivered me, there were
thofe paiiiiges.in the indidment ?

ThreJIier. I know not : They were the
Speeches and Prayers that I delivered you.

Brooks. How did you deliver them to
me ?

Ihre/Iier. They were flitch'd ; and I tied
them up with a piece of pack-thread, and
carried them to him : He received them
himfelf, and came afterwards to an alehoufe,
and gave me a flaggon of beer. He knew
what they were ; for fome being imperfect,
he faid Mr. Brcwfter muft make them good ;
and Mr. Brewfter gave order, if he came
for them, they fhould be delivered him.

Brooks. Did you know there were thofe
pafTages in them ?

Threpier. No, not I.

Brooks. I knew only the title of it.

Ld. Ch. Juft.- Hyde. Let there be what
there will in it, if you knew the title, look
you to it. Have you any thing elfe to afli ?

Brooks. No, my Lord.

Henry Mortlock fworn.

Serj Morton. Mr. Mortlock, how many
of thofe books did you receive of this Na-
than Brooks ?

Mortlock. About forty or fifty.

Serj. Morton. What talk had you about
receiving them ?

Mortlock. I do not remember any dif-
courfe.

Serj. Morton.. Where did you receive
them ?

Mortlock. I am not cettain whether in
my fhop, or no.

■ lid

A C O r* L E C T I

,-,|L,tl»Ch. j\.\?:,^liyde. Were they open ?
• Mortlock. They were tied up.

Ld Ch. Ju!l, Hyde. Did you fpeak for

Hort.lfck^ X cannot tell, he brought
\hem to me.,

Ld Ch. Juil. Hyde. How came he to
'bring them to you ?

Mortlock. "May be I might fpeak for
them •, I paid him for them.

Ld Ch. Juft. Hyde. You and he knew
what book'it was ?

Mortlock. I think we did.

Ld Ch. JulL Hyde. Did you not open
them? They might have been the Devil of
Edmonton, for ought you knew. Did you
open them afterward ? And did they ap-
pear to be this book ?
-, Mortlock. Yes.

Mr. L'Eftrange fworn.

M. UEJlrrnge. I came to the houfe of
Nathan Brooks about 0<5tober lafT:, and
knocking at the door, they made a difficul-
ty to let mc in •, at laft, feeing not how
to avoid It, Brooks opened the door. I afkr
ed him, what he was ? he told me he was
the mailer of the houfe. By;and by comes
one that lodged in the houfe, and throws
down this book (lliewing the booR) in the
kitchen, with this exprefiion, " I'll not be
hang'd, (fays he) for ne'er a rogue ,(^f ,you_
all : Do you hide your books in. rjiy .cham-
ber i" This book had the fpeeches in k,;
with other fchifmatical treatifes. After,
-this I fearched the next houfer; anfl inhere I,.
■found more difficulty to get in, Bpt after
a long ftay, 1 faw x.\\z fecond Jippr in n_
bh^e ; and then wjth^a fniith's (ledge L
endeavoured to force the door .; at, Jength
the fire was put out^ ,ijnd ope ,CQaies.dov\'nj
and opens the door. . jl .,vi(ent inV ,and up,
ftairs, where I found about two Hundred of
the Prelatick Freacjiers, .and ccrijain notes
. of Nathan Brooks, .whereip j^e jnegt^qns t,he^

J !•

N OF T R|I A;L S. 207

dellwery of _fever?l Qf thcfe Speeches, and
other feditlous pamphlets. There is one
particular, wherein he records, That Tho-
mas Brewfter, did inthe preience of Cap-
tain Han.fopi undertake to bear his charges
of imprifdnment -, this 'Nathan ' Brooks
having bce.n., formerly Kmp.fifojied for ^
crime, wHerein Brewfter was' to bear him
out. , . •.

Ld Ch. JuO;. Hyde. WhaV'was it that
burnt above ? , .,ir, ^ ^

Mr, ' L'EJlrcnge. My'ft^ord, they had
burnt, 1 fuppoie, foine oF the Prelatick
Preachers, (a defperate book :) I found onfc
bundle untied, and I fuppofe, (as the man
told me after) that it v«as a part of that
which was burnt.

-Ld Ch. Juft. Hyde. Y,o\ji fay this was in
the next houfe^fo Brooj.^s ; what had Brooks
to do there ,? I^ad he Conveyed thofebbol^s
thither ? ....

Mr. VEftrange. The owner of the houfe
faid he knew nothing of them ; but a man
and his wife, lodging in the chamber where
the fire was, faid, TJiat Nathan Brooks had
delivered with his. own hands to them thofe
parcel of books that were there found.

Ld Ch.Juft. f/y^. You .l;ear what he
fays. That one' of your guefts came down,
•faid '* he would. net be hanged for ne!er a
rogue of you all ; : throws down the book —
.., Brooks. What's, that to me, if a man
i\ave a ,^pok in his houfe, and throw it
downj ^ahd.fay.fo, .dc^'tfi diat concern m^ ?
Ijle.dici'npt bripg it pu,t o^tny c^hamber. "

••; n.'.

, ) : r; 3 pnenMercer .fworp.

.^Ttrxer^ .lyiy.Loj-d, "nV:)yin'jg.the book in
;h£(i;^].tWs-is,^(i'^.bQok.tfi3!: I. did fi:ii.d^in a
rpom,'br9ught yip.,by.?^^tiianErooks ;' and
I'brpught.-it.^f^wVf: ^•b.,aa jt^ji'a. room -where
two rbays'-aqd^py' filter; lay,, ,He,'came fifft,
and knocked at our cHamber-door': "Said L
who is, there } Says ,he, a friend. Who
i,afe.youf?r Bj^pfiiics^.jpui; land|prd,'.fays he :

208

A COLLECTION of TIBIALS.

Pray open the door, and lay up this book
for me. No, faiJ I, ir you were my father
or brother, I will not receive it •, I will not
meddle or make with you. After I had
denied the book, he flings it into the next
room.

Ld Ch. Juft. Hyde. How came you by
the book ?

Mercer. After Mr. L'Eftrange had en-
quired there for books, 1 knew nothing ;
but my wife called to my filler, and alked
her if fhe heard Mr. Brooks in the room ?
She faid. Yes, and he had left a book with
her. Having notice, I went up ftairs, took
the book, and brought it down prefently.

Brooks. Is that the book, the very indivi-
dual book, that I brought up there ?

Ld Ch. Juft. /:/)vf^. He fwears this. That
you knocked, and prayed him to take in a
book ; he refufed it : You went up to the
next chamber, and there you left it. And
his wife afking afterwards if you had been
there, his fitter faid. Yes, you had left a
book. He brought it down ; and this ap-
years to be the very individual book, no-
thing can be more clear.

Mercer's Wife fworn.

That morning they knocked at Brooks's
door, we were a-bed ; I heard a noife of
thieves. Upon that, I being awake, and
my hufband aflecp, 1 awaked him, and de-
fired him to go to the window. He afkcd
who was there ? One faid to him. Rife, and
open the door. Said my hufband, I am but
a lodger -, let my landlord open it, if he
•will. Who is your landlord ? Mr. Brooks.
That's the man I look for, fays the other.
So with that, after fome time, Mr. Brooks
•went down, and opened the door. Mr.
L'Eftrange coming up to my hufband, fays
he. Are you lure tlvcre is nothing in your
rooms ? There is nothing, fa:d he. When
my hufband went down, I called to my fif-
•er : Said I, did you hear Mr. Brooks

there ? Yes, faid fhe, he has left1 a book
here. Said I, Do you know what's in it ?
It may bring us all into trouble. And my
hufband having confidently denied any
fuch thing, fearing he might be troubled,
I called him up, and told him of it. Said
my hufband, I'll call up the gentleman,
and give it him. No, laid I, go take the
book, and carry it him.

Mercer's fifler fworn.

Thomazin Mercer. It is very true that
that IS the very book I received from Mr.,
Brooks,

Ld Ch. Juft. Hyde. Now the individual
book is brought to light.

Brooks. What was the title of it .?

T. Merier. I know not : but there were
the Speeches of the ten men that were ex-
ecuted.

Brooks Did you fee that book, that very
book ?

T. Mercer. Yes.

One Mr. Merridale fworn.

Mr. Merridale. My Lord, this very book
did Mercer bring down, told us, He would
be hang'd for never a rogue of them all ;
Did he think to lay his books at my door ?
I know this is the very book ; I took no-
tice of the pifture of Sir Henry Vane in it j
and he there owned it.

Mercer. I can tell that he owned it, and
faid it was brought to him to be bound.

Ld Ch. Juft. Hyde. Here are two hun-
dred of thefe books delivered to you to fell j
fifty you deliver to another. When Mr.
L'Eflrange comes to fearch, you open not
your doors ; when you fee you could not
ftay longer, you run up to deliver it to
Mercer^ your gueft •, he would not receive
it ; you deliver it to his fifter ; fhe kccp^ it
in her hands. When her hufband had de-
nied books to be there, and his wife under-

ftandin|L

A COLLECTION of TRIALS.

Hnnding afterwsrds you had left ir, flie was
afraid of her huToand for denying ir, calLs
him, and givers him the book •, and then he
faiJ, " Ne would net be hanged for never a
rogue of you all •," throws down the book :
And that was the very book ihe received
from you ; and yourlelf did own it, and
confefs it.

Brooks. As for Mr. L'Edrange, it is not
fo ; he lays, when firft he knocked at the
door, I did not hear him •, afterwards I cal
j^'d out. Who's there .? Said one, which is
Mr. Brooks ? Said I, Here. I told them,
if they would be civil, I would open the
door, give me but leave to put on my
•breeches. I wmt and opened ic. He doth
not fwear pofitively they are my books. My
Lord, this Meixer was a lodger in my houfe,
I have often defined him to pay his rent,
and fince I have been taken, I have lent
fever.il meffngers : 1 told him I would feize
his goods, and thereupon he fpeaks againll:
me malicioufly. I defire you to confider,
I being only a workman, how can I be
ouihy q\ fcdition and fcandalous things ? I
never printed any thing, I am only a book-
binder, that's my trade : I hope you will
confider, that I am only a bare workman.
My Lord, I defire when they go out, that
lomebody may (land at the door, that no-
-body may go in to the jury.

Ld Ch. Juft. Hyde. We will take care of
that: Have you any more to fay ?

Brooks. No, my Lord.

Ld Ch. Juft. Hyde. You of the jury, you
have heard fo much of the other indi<5l-
ments of the fame nature, I need not fay
much to this. That which he fpeaks con-
cerning his trade, I mud: repeat the fame as
before j he is not queftioned for ufing, but
a-bufing of his trade ■,• for publifning-and.
difperfing feditious and fcandalous books,
printing and publiOiing, but the evidence
is only for pubHfhing. If you be fatisfied
that he publifhed it, that's the crime;
printing alone is not enough, for if a man

Vol. I. No. 9. "'

209

print a book to make a fire on, that's no
offence, it is the publi(hing of" it which is
the crime. You have heard the evidence,
how fur forth it is proved, two hundred de-
livered to him, fifty by him delivered to
another , this book you fee his own con-
fcience tells him what it was ; when Mr.
L'Eftrange came, he would have flipt it
into his gued's chamber ; he refufed it :
then he carries it to another. Lay your
evidence together -, if you find him guilty
of the publilhing, it is enough.

fury. We defire to know upon what Sta-
tute Law this indiftment is grounded .?

Ld Ch. Juft. Hyde. LTpon none ; but it
is an ofi^ence at Common Law, I told you
fj at firft.

[The Jury went forth, and after near an
hour's confuitation, returned to the
Court, and took tlieir places ]

Clerk. Are you all agreed of your ver-
dift?

Jury. Yes.

Clerk. Who fhall fay for you }

Jury. The Foreman.

Clerk, Set up the prifoners to the bar:
How fay you, is Tho. Brewfter guilty of •
the oftence whereof he ftands indifted, for
printing the feditious book called, " The
Speeches," &c. or not guilty ?

Foreman. Guilty of feHing and uttering
the laid books.

Clerk. What fay you, is he guilty of the
offence of printing and publifinng the book
called " I'he Phoenix," &c. or not guilty ^

Foreman. Guilty of publifiiing ir.

Clerk. How fiiy you, is Simon Dover
guilty of the offeree for printing and pub-
iilbing " The Speeches, &c." or note
guilty ?

Foreman. Guilty.

Clerk. How fiiy you, is Nathan Brooks .
guilty of the offmce for printing and fell-
ing the fuid book ?

Foreman. Guilty of felling it.

Hhh Clerk,.

210

^ COLLECTION of TRIALS.

CUrk. Hearken to your verdiifls as the i ready ; it is fo high, that truly the higheft

Court hath recorded them : You fay, that
&c. and lb you fay all ?
'Yury. Yes.

'is/iv.Nerih. My Lord, we humbly pray
fcntence againll the prifoners.

Ld. Ch. Juft. Hyde. You three, Thomas
Brewder, Simon Dover and Nathan Brooks ;
you have been feverally indidted for a hei-
nous and great offence : Brewfter, you
have been indifted for two fcveral books,
as full of villainy, and flander, and re-
proach tothe King and Government, aspol-
libly can be : And I will tell you all three,
" It is the King's great mercy you have
jiot been indicted capitally •, for every one
of thofe books are filled with treafon, and
you for publifhing of them, by ftriftnefsof
law, have forfeited your lives and all to
the King : It is his clemency towards you.
You may fee the King's purpofe ; he de-
ijres to reform, not to ruin his fubjefts.
The prels is grown fo common, and men
take the boldnefs to print whatever is
brought to them, let it concern whom it
will ; it is high time examples be made.
1. I muft let you and all men know, by
the courfe of the common law, before this
new Aft was made, for a printer, or any
other, under pretence of printing, to pub-
lifli that which is a reproach to the King,
to the State, to his Government, to the
Church, nay to a particular Perfon, it is
punifhable as a mifdemeanour. He muft
not fay, " He knew not what was in it;"
:that is, no anfwer in law. I fpeak this,
becaufe I would have men avoid this for
time to come, -and not think to flielter
themfelves under fuch a pretence. I will
.not fpend time in difcourfing of the nature
of the offence, it hath been declared al-

punilliment that by law rnay bejuilly in-
lii(5led, is due to you. But, Thomas Brevv-
fter, your oft'ence is double ; therefore the
Judgment of the Court is,

" That you fiiall pay to the King for
thefe offences committed, an hundred
marks : And for you, (the other two) Si-
mon Dover and Nathan Brooks, you fhall
pay either of you a fine of forty marks
to the King.

" You fhall either of you feverally ftand
upon the pillory from eleven to one of the
clock in one place at the Exchange, and
another day (the fame fpace cf time) in
Smithfield ■, and you fhall have a paper fct
over your hats, declaring your ollence,
" For printing and publifliing fcandalous,
treafonable, and fadlious books againft the
King and State."

" You fliall be committed till the next
Goal- delivery without Bail •, and then you
fhall make an open confcffion and acknow-
ledgment of your offences in fuch words
as fhall be direded you.

" And afterwards you fliall remain pri-
foners during the King's pleafure : And
when you are difcharged, you ffiall put in
good fccurity by recognizance, yourklves
400 I. a-piece, and two fecuricies each of
you of 200 1. a-piece, not to print or pub-
lilTi any books, but fuch as ffsall be allowed
of. And this is the judgment of the
Court."

John Twyn refufing to difcover who was
the Author of the treafonable Libel, was
executed a few days after at Tyburn, amidll
an amazing great concourfe of people,
where he acknowledged the julVice of his
fentcnce, but refufed to name the Author.

The

A COLLECTION of TRIALS.

211

The Trial of Mr. Benjamin Keach, at the Aflizes held at Ailfbury in Buck-
inghamdiire, Odober 0, and 9. 1664.

BEnjamia Keach of Window, in the
county of Bucks, having wrote a little
book, entitled, " The Ciiild's Inftruclor :
or, A New and Eafy Primer : In which
were contained feveral things contrary to
the do6trine and ceremonies of the church
of England ; as, that infants ought not to
be baptized ; That laymen may preach the
gofpel ; that Chrifl: Ihall reign perfonally
upon theearth in thelatter day,&c. He had
no fooner got it printed, and fome of them
fent down to him, but one Mr. Strafford,
a juftice of the peace for that county, re-
ceived information of it. Whereupon,
taking a conftable with him, he went him-
felf in queft of the faid books ; and coming
to the houfe of IMr. Keach, found and
feized feveral of them, bound Mr. Keach
over to anfwer for it at the next affizes in a
recognizance of an hundred pounds, and
two fureties with him in fifty pounds each.

The next affize holden for the faid coun-
ty was at Aillbijry on the 8th and 9th days
of Odlober, 1 664. Lord Chief Juftice Hyde
being Judge, On the firft ot which days,
in the forenoon, Mr. Keach was called
upon ; who anfwering to his name, was
brought to the bar, and examined as fol-
lows :

Judge. Did you write this book ? Elold-
ing out one of the Primmers in his hand.

Keach. I writ moft of it.

Judge. What have you to do to take
other mens trades out of their hands .? I be-
lieve you can preach as well as write books.
Thus it is to let you, and fuch as you are,
have the fcriptures to wreft to your own
deftru(ftion. You have made in your book

a new creed -, I have feen three creeds be-
fore ; but I never faw a fourth till you made
one.

Keach. I have not made a creed, but a
confeffion of the Chriftian faith.

Judge. Well, that is a creed, then.

Keach. Your Lordfhip faid you had ne-
ver feen but three creeds -, but thoufands
ot Chriftians have made a confefTion of
their faith.

After this the judge obferved to the court,
feveral things which were written in the
faid book, concerning baptifm and the
minifters ot the golpel, which were contrary
to the liturgy of the church of England,
and fo a breach of the aft of uniformity.

Keach. My Lord, as to thole things — •

Judge. You fhall not preach here, nor
give the reafons of your damnable dodtrine,
tofeduce and infeft his Majefty's fubjedts.
Thefe are not things for fuch as you are to
meddle with, and to pretend to write books
of divinity : But I will try you for it be-
fore I fleep.

After this he gave diredlions to the clerk
to draw up the indiftment ; and the wit-
ne/Tes were fvvorn, and ordered to ftand by
tlie clerk till the indiftment was finiflied,
and then to go with it to the grand inqueft.

Judge. Gentlemen of the grand jury, I
fhall fend you prefently a bill againft one
that hath taken upon him to write a new
Primmer for the inftrudlion of your chil-
dren : He is a bafe and dangerous fellow ;
and if this be fuffered, children by learning
of it will become fuch as he is. And there-
fore! hope you will do your duty.

The

A COLLECTION of TRIALS.

212

The indiflrriCnt beinfe,long, took fomu^h
tiii^e to drTiV/ it up, that the trial did not
come on till the next day.

The next day, the court being fct, the
grand jury found the bill, and brought it
in indorfcd billa vera.

Clerk. Benjamin Keach come to the bar.

Mr. Keach comes to the bar.

Clerk Hear your eharp-e. " Thou art
hcic indifted by the nanje of Benjamm
Keach, of the parifli of Winflow, in the
county of Bucks : For that thou being a
ftditious, heretical, and fchifmatical pcrfon,
evilly and i-nalicioully dJfpofed, and dilaf-
feiled to his Majefty's government, and the
government of the church of tngland, didft
malicioully and wickedly, on the firlt day
of May, in the i6th year of the reign of our
Sovereign Lord the King, write, print, and
publifli, or caufe to be written, printed,
and publiflied, one feditious and venomous
book, entitled, " I he Child's Inftruftor :
or, A New and Eafy Primmer :" wherein
are contained, by way of queftion and an-
fwer, thefe damnable pofitions, contrary to
the book of Common Prayer, and the litur-
gy of the church of England : That is to
Jay, in one place you have thus written ;
Q\ " Who are the right fubjects of bap-
tifm .?" A. '• Believers, or godly men and
women only, who can make confelTion of
their faith and repentance." And in ano-
ther place you have malicioufly and wicked-
ly written thefe words : Q. " How fhall
it then go with the faints ?" A. " O, very
well. It is the day that they have longed
for : Then they fhall hear that fentcnce,
" Come ye blefied of my Father, inherit
the kingdom prepared for you ;" and fo
Ihall they reign with Chrifl on the earth a
tlioufand years, even on mount Sion, in
New Jerufalem -, for there will Chrift's
throne be, on which they muft fit down
with him." Then follows this queilion,
with the anfwer thereto, in thefe plain Eng-
li.li words : Q^ " When fliall the wicked

and the fallen angels, which be the devi?!!
be judged ?" A. "When the thoufand
years Ihall be expired, then Ihall the relt of
the devils be railed, and then fhall be the
general and lail judgment, then fliall all
the reft of the dead and devils be judged by
Chrift and his glorified faints ; and they^
being arraigned and judged, the wicked Ihall
be condemned, and calt by the angels into
the lake of fire, there to be burned for ever
and ever."

In another place thou haft wickedly
and malic oufiy written thefe plain Englifh
words : " Why may not infants be receiv-
ed into the church now, as they v;cre under
the law r" A. " Becaufe the fleihly feed is
call; out : I'iiough God under that difpen-
fation did receive infants in a lineal way by
generation, yet he that hath the key of Da-
vid, that openeth and no man fhutteth, that
fliutteth and no man openeth, hath fliut up
that way into the church -, and hath opened
the door ol regeneration, receiving in none
now but believers." Q^ " What then is
theftate of infants .?" A. " Infants that die
are members of the kingdom of glory, tho'
they be not members of thevifible church."
Q^ " Do they tlien that bring in infants in
a flefhiy lineal way, err from the way of
truth ?" A. " Yea, they do ; for they make
not God's holy word their rule, but dopre-
fume to open a door that Chrift hath Ihut,
and none ought to open." And alfo in ano-
ther place thou haft wickedly and malici-
oufly compofed A Short ConfefTion of the
Chriftian Faith ; wherein thou haft affirmed
this concerning the fecond Perfon in the
Blefied Trinity, in thefe plain Englifh
words : " I alfo believe that he rofe again
the third day from the dead, and afcended
into heaven above, and there now fitteth at
the right hand of God the father ; and from
thence he fiiall come again at the appoint-
ed time of the Father, to reign perfonally
upon theearth, and to be Judge of the quick
and dead." And in another place thou haft

wickedly

A COLLECTION

•wickedly and malicioufly affirmed thefe
things concerning true gofpel-minifters, in
•thefe plain Englifh words following :
" Chrill hath not chofen the wife and pru-
dent men after the flefh, not great Dodlors
and Rabbics ; not many mighty and noble,
faith Paul, are called ; but rather the poor
and defpifcd, even tradefmen and fuch-like,
^s were Matthew, Peter, Andrew, Paul,land
others. And Chrift's true minilkrs have
not their learning and wifdom from men,
and from univerfities, or human fchools for
human learning. Arts and faiences are not
cflential to the making of a true miniiler,
but the gifts of God, which cannot be
bought with filver and gold •, and alfo as
they have freely received the gift, fo they do
freely adminifler: They do not preach for
hire, for gain and filthy lucre : They are
not like the falfe teachers, who look for
gain from their quarter ; who eat the fat,
and clothe themfelves with the wool, and
kill them that are fed ; thofe that put not
into their mouths, they prepare war againft:
Alfo they are not lords over God's heri-
tage, they rule them not by force and
cruelty, neither have they power to force
and compel men to believe and obey their
dodtrines, but are only to perfuade and in-
treat-, for this is the way of the gofpel,
as Chrift taught them "

" And many other things haft thou fe-
ditioufly, wickedly, and malicioufly written
in the faid book, to the great difpleafure
of Almighty God, the fcandal of the liturgy
of the church of England, the difaffeftion
of the King's people to his Majefty's go-
vernment, the danger of the peace of this
kingdom, to the evil example of othei-s, and
contrary to the ftatute in that cafe made
and provded." How fay you, Benjamin
Keach, are you guilty, or not guilty ?

Reach. The indidtment is lb very long,
that 1 cannot remember half of it, nor have
I been accuftomed to plead toindidlments :
therefore I defire a copy of it, and liberty

Vol. I. No. lo.

OF TRIALS. 213

to confer with counfel about it, in order to
put in my exceptions, and then I fliall plead
to it.

Judge. 'Tis your intention, I perceive,
to delay your trial to the next affize.

Keacb. No, my Lord, I have no defign
by this to delay my trial.

Judge. I will not deny you what is your
right, but you muft firft plead to your in-
di(5tment, and afterwards you fliall have a
copy of it.

Kench. I defire I may have a copy of it
before I plead, in order to put in my ex-
ceptions againft it.

Judge. You fhall not have it, before you
plead guilty or not guilty.

Reach. 'Tis what has been granted to
others.

Judge. You fhall not have it firft ; and
if you refufe to plead guilty or not guilty, I
fhall take it pro confejfo, and give judgment
againft you accordingly.

Reach. Not guilty, my Lord.
udge. Now you may have a copy of
your indicftment, and I will give you an
hour's time to confider of it.

Reach, If I may have no longer time, I
don't defire one.

Judge. I have fomething elfe to do than
wait upon you ; you are not a perfon fit to
go abroad till next adize, and you will
think it haid if I fliould commit you to
goal till then ; but becaufe you fhall not
fay but that you were offered fair, if you
will find fuflicient furcties for your appear-
ance at the next afflze, and for your good
behaviour till then, you fliall not be tried
till then.

Reach. My Lord, I'm content to be tried
now.

Judge. Go on then, a God's name.

Clerk. Gentlemen of the jury, anfwer to
your names, &c.

Then the jury werefworn, well, and tru-
ly to try the traverfe between the King's
Majefty, and the prifoner at the bar.

I i i Judge

COLLECTION of TRIALS.

214 A

Judge. Clerk, read the indiftment. (He
reads it.)

Gentlemen of the jury, the prifoner at
the bar has pleaded Not Guilty, and your
charge is to inquire whether he be guilty or
not.

Then the witnefles were fworn, who
were Neal and Whithall.

and ordered one of the Primmers to bs
given to the gentlemen of the jury, and-
bid them look on thofe parts where the
leaves were turned nown.

Judge. Clerk read thofe fentences in the
indidment, which are taken out of the
book, that the jury may turn to them, and
ee that the faid pofuions are contained.

Neal depcfed. That Juftice Strafford j in the book,
feat for him to his houfe; whtn he came} Clerk. Q^ " Who are the right fubjecls.
there, the Juflice fent him back again for . of baptifm V A. Believers or Godly men
his ftaff of authority: which being done, ' and women only, who can make contcflioa
he went with the Juftice to one Moody's of thirir faith and repentance,
ftall, and aflced for fome of the Primmers Judge. This is contrary to the book of,
which he had : he anfwered, that he had j Common-Prayer, for that appoints infants
none. That from thence they went to Mr. I to be baptized, as well as men and women.
Reach's houfe, where they firft faw his j (Here he read feveral places in the liturgy,.,
wife, who told them he was in an inward ! wherein the baptizing of infants is enjoined
room. They afked her, if there were not and directed.)

fome Primmers in the houfe ^ fhe faid, | Clerk reads. Q^ " How fhall it then go>-
there was; and about thirty were brought [ with the faints?" A. Oh very well! it is.

forth, and delivered to them.

the day that they have longed for : then .

Then Juftice Strafford himfelf was alfo!they fliall her that fentence, " Come y«r
cxamined : he faid. That he found the ' bleffcd of my father, inherit the kingdom 1
Primmers, nowbetorethe court, m Benjamin prepared for you:" And lb fhall tiit-y reign .
Keach's houfe, and fcized them ; and that! with Chrift on the eartti a thouland,
the prifoner at the bar had confelTed before '■ years, &c.
him, that he v/rit and compofcd the faid
bcok.

Then acopy of the prifoner's examination
before the laid Juftice, figned with his own
hand, was produced and read ; wherein
was contained. That the prilbner being
afKcd, whether he was the author or
writer of the faid book ? anfwered. Yes he
was. And further declared, That he de-
livered a part of the copy to one Oviat, a
printer at London, fince dead ; and that
the reft of the copy he lent up by another
hand, but that he knev/ not who printed it:
That about forty of them were fent down
to him, of which he had difperfed about
twelve, and that the price was five-penc^
each book.

After this the Judge called for a C-'^"^-
mon-Praycr-Book, and laid it before him;

Jidge. This is contrary, to the creed in ■
the book of Common-Prayer, and is an old ,
hcrefy, which was caft out of the church 3
thoufand years ago,, and was likewile con-
demned by the Louncil of Conftance about
five hujidred years ago, and hath lain dead .
ever fince, till now this ralcal hadi revived
it.

Clerk reads. Q^ " Why may not infants
be received into the church now, as they
were under the. law ?" A. Becaufe the
flcflily feed is caft out, &c. Q^ " What
then i.-- the ftate of infants.?" A. Infants
that die. are members of the kinguom of.
glov\, though they be not members of the
' ..ible church. Q. " Do they then that
bring in infants by a fiefhly lineal way, err
from the truth ?" A. Yea, they do ; for
they make not God's holy word their rule,

but

judge both

A C O L L E C T I O

but do prefume to open a door that Chrift
bath (hut, and none ought to open.

"Judge, This is alfo contrary to the book
of Common- Prayer, which appoints infants
to be received into -the church, and direcfls
the prieft to fay, when he hath fprinkled
the child, " We receive this child into the
congregation of Ghrift's flock. And where-
as he fays that infants that die are members
of the kingdom of glory, though not of the
v^fible church, he fpeaks this of infants in
general, and fo the child of a Turk or
heathen is made equal with the child of a
Chriftian : But the church hath otherwife
determined ; that is, if an infant die after
baptifm, and before it hath adlually finned,
it is faved, becaufe original fm is waflied
away in baptifm. Read on-

Clerk. Alfo in another place thou haft
v/ickedly and malicioufly compofed A fhort
ConfefTion of Faith,, in which thou haft af-
firmed thus, concerning the fecond perfon
in the BleflTed Trinity, inthcfe plain Efrglifti
words-, " I alto believe that he rofe again
the third day from the dead, and afcended
into heaven, and there now fitteth at- the
right h,ind of God the father; and from
thence he ftiall come again' at the appointed
time of the father, to reign perfonally
i:pon the earth, and to be the Judge of the
quick and the dead.

Judge, This is contrary to our creed :
for whereas he faith, "From thenct he
ihall come again at the appointed time of
i;« father, to reign perlonally upon the
i-arth, and to be Judge both of the quick
and the dead ■" our creed only iaith,
" From thence he fliall come to
the q.'ici; and the- dead."

Clem. And in another place thou haft
wickedly and inalicioufiy a/Srmed thefe
things concerning true golpel-minifters, in
thefe plain Englifti words following :
"Chrift hath not chofen the wife and pru-
d'.-at men after the flcdi, nor great Dodors

O F

TRIALS

'^^-y-

and Rabbies-," Not many mighty and noble,
faith Paul, are called, &c. as above.

Judge. This alfo is contrary to tlie book
of Common-Prayer : for whereas the po-
fition in the indiftmcnt faith, Chrift hath-
not chofen great Rabbies and Dodlors, but
rather the poor and defpifed, and tradef-
men ; the book of Common-Prayer doth
admit of fuch. (Here he read fome paf-
fages concerning the qualification of nii-
niftcrs, and their manner of confecration.)
Becaufe Chrift, when he %vas upon the
earth, made choice of tradefmen to be his
difciples, therefore this fellow would have
minifters to be fuch now -, taylors, and ped-
lars, and tinkers, and fuch fellows as he is :
But it is otherwife now, as appears from^
the manner in which the church has ap-
pointed them to bechofen, ordained, and'
confecrated.

The Judge having, thus gone through
the indi«5tiTrcnt, the pri-foner began to fpeak;
-tn his defence.

Keacb. As to the do6lrines

Judge. You ftiall not fpeak h?re, except
to the matter ot fafi: •, that is to lay, whe-
ther you writ this book or not.

Keach. I defire liberty to fpeak to the.
particulars in my indidhnent, and thofe
things that have

Judge. You ftiall not be firffered to give
the reafons of your damnable doftrine here
to feduce the King's fubjedh.

Reach. Is my religion fo bad, that I may
not be allowed to fpeak ? '

Judge, rknow your religion, you are a
fifth monarchy-man ; and you can preach, .
as well as write books ; and you would
preach here, if I would let you : but 1 ftiall '
take fuch order, as you ftiall do no more-
mifchief.

Kench. I did not'write all the book, .for -
there is an epiftle to it written by another
hand •, neither can it be proved that I writ>
all that is put into the indidment.

Judge.'.

2l6

A COLLECTION o ? TRIALS.

Judge. Ic is all one whether you v.'rit it
yourfcif, or didated to another to write it:
but ic appears by your examination under
-your own hand, that you wrote it all.

Reach. Becaufe I writ the iriajor part of
it, 1 was contented to let it go with the
world cJl in my examination before Juftice
Strafford •, but I cannot in confcience lay I
-wrote ,it all : nor is it proved that I pub-
liflied it.

Ju ^ge. Yes, you did ; for Moody had
Ex books of you.

Keach. I did neither fell them, nor de-
liver them to him.

Judge. He had them at your houfe, and
it is not likely he Iliould take them without
your conlent.

Kcach. I do not fay he had them without
my confent.

Judge. Tt is all one then, as if you de-
livered them.

Here the Judge funimed up the evi-
dence, and gave his charge to the jury ;
but this the amanuenfis has omitted.

The iury being withdrawn, ftaid for
fome hours ; at length one of the officers
who attended them came in.

Ojf.cer. My Lord, the jury about the
Primmers cannot agree.

Judge. But they muft agree.
Officer. They defire to know whether one
-of them may not come and fpeak with your
Lordfhip, about fomething whereof they
are in doubt.

Judge. Ye'', privately : (And then or-
dered one to come to him on the bench.)

Then the officer called one, and he was
fet upon the Clerk's table, and the Judge
and he whifpered together a great while;
and it was obferved, that the Judge having
his hands upon his fliouldets, would fre-
quently (hake him as he fpake to him.
Upon this perfon's returning, the whole
jury quickly came in, and being according
to cuftom called over by their names, the
Clerk proceeded.

Clrrk. Are you agreed 4n -your verdift-?
Jury. Yes, yes.

CLrk. Who Iball fpeak for you ?
Jttry. Our foreman.

Clerk. How fay you, is Benjamin Keach
auilty cf the matters contained in the in-
didment againfl; him, or not guilty .''
Foremen. Guilty in part.
Clerk. Of what part ?
Foreman. There is fomething contained
in the indiclment, which is not in the
book.

ClerJ:. What is that .?
Foreman. In the indidlment he is charged
\<i\t.\\ thefe words, " When the thouland
years (hall be expired, then fhall all the reft
of the Devils be railed ;" but in the book
it is, " Then fliall the reft of the dead be
raifcd."

CUik. Is he guilty of all the reft of the
indictment, xhat fcntence excepted ?

One of the Jury. I cannot in confcience
find him guilty, becaufe the words in the
indiftmcnt and the book do not agree.

Judge. That is only through a miftake of
the Clerk's, and in that fcntence only i
and you may find him guilty of all, that
fentence excepted -, but why did you come
in before you were agreed?

Foreman. We thought we had been
agreed.

Judge. You muft go out again, and
agree: and as for you that fay you cannot
in confcience find him guilty, if you fay fo
again, without giving realons for it, I fhall
take an order with you.

Then the jury withdrew, and in a little
lime returned again.

Clerk. Are you agreed in your vertiid .?
Jury. Yes.

Clerk. How fay you, is Benjamin Keach
guilty of the matters charged in the indid-
ment againft him, or not guilty ?

Foreman. Guilty of the indictment; that
fentence, wherein Devils is inferted inftead
of Dead, only excepted.

Upon

A COLLECTION of TRIALS.

21/

Wpon this, Benjamin Keach was called
to the bar, and the Judge proceeded to
pafs fentence upon him as follows.

"Judge. Benjamin Keach, you are here
Gonvidted of writing and publifhing a fedi-
tious and fcandalous book, for which the
court's judgment is this, and the court doth
award, that you (hall go to gaol for a fort-
night, without bail or mainprife ; and the
next Saturday to ftand upon the pillory at
Aylefbury, for the fpace of two hours,
from eleven of the clock to one, with a
paper upon your head with this infcription,
" For writing, printing, and publifhing a
fchifmatical book, entitled, The Child's
Jnftruftor, or a New and Eafy Primmer."
And the next Thurfday to ftand in the
fame manner, and for the fame time, in the
market of Winflow j and there your book
fhall be openly burnt before your face by
the common hangman, in difgrace of you
.and your doftrine. And you (hall forfeit
to the King's Majefty the fum of 20I. and
fhall remain in gaol until you find fureties
for your good behaviour and appearance at
the next aflizes, there to renounce your
dodiine, and make fuch public fubmiffion

as (hall be enjoined you. Take him away,
keeper.

Keach. I hope I (hall never renounce
thofe truths which 1 have written in that
book.

Clerk. My Lord, he fays he hopes he
fhall never repent.

But the Judge taking no notice, the gaoler
took him away.

According to the fentence palTed upon
him, he was kept clofe prifoner till the Sa-
turday following, and then about elevca-
o'clock was carried to the pillory at Aylef-
bury •, where he flood full two hours to a
minute, was denied the liberty of fpeaking
to the fpedators, and had his hands as well
as his head carefully kept in the pillory the
whole time.

On the Thurfday following he (lood In-
the fame manner and for the fame time at
Winflow, the town where he lived, and
had his book burnt before him.

After this, upon paying his fine, and
giving fufficient fecurity for his good beha-
viour, he was fet at liberty •, but was never
brought to make a recantation.

The Proceedings in the Hoiife of Commons, touching the Impeachment of
EDWARD, late Earl of Clarendon, Lord High Chancellor of
England, Anno 1667.

Oftober a 6, 1667.

others urged, tliat witneflcs (hould be firfl:-.
examined to fee how the charge could be-
made good, Icfl failing, it (hould reflect on.
the honour of the houfe. After long de-
bate, a committee was appointed to fearch

ing ought to be had upon it, fome moving! records for parliamentary jjrocecdings in.

co impeach him in the name of the Com-! the like cafes, and to make report.

mons till articles fliould be prepared ; \

Vol. I. No. 10. ^ i Kkk 30^hj Tiie

Edward Seymour charged him
viva voce v/ith many great crimes,
whereupon a debate arofe what proceed

G O L L E C T i O N 07 TRIALS.

■jcti;. The repcrt b'-ing made by Sir
Tlvjm.w Litc'eton, th.it various proceed -
ings were found in 'everal Parliament', it
ocrafioned a long debate, leveral members
Jpcaking .to Uie effect, following :

Sir 'iJio. IJltletv}!. That in cafes crimi-
nalj ihey find proceedjogi to have been,
fom'eMmes by article;, lometimes by word
•of mouth -, but in capitil crimes no pro-
ceedin.gs appear till the t"arl of Strafford's
(Sfe, againll whom the Houfe carried up
a general impeachment, the reaion whereof
fcernsto be' this : Some votes were rhade
in the Houfe at which the King takes of-
fence, a> if they would proceed upon com-
mon tame-, whereupon they vindicate their
proceedings as done in a parliamentary
■wiiy, and appoint a committee to withdraw
for ibouc half an hour to confider the mat-
ter for a conference with the Lords about 1
the charge, and upon their report a general |
charge is carried up to the Lords Bar ; \
the principal charge then was for advifing 1
to bring over the Irilli army, and the fjngle ^
proof was Sir Henry Vane, fo the impeach- [
ment went up for High Trealon, though
no member would, pofitively fay he would
make the charge good.

So for the Bifliop of Cantcrbuiy there
was no impeaclmient, but a charge in ge
neraT.

And if you take not the fame courf;;
now, but infill upon examining witneffes
full-, the difficulties will be unanlwerablc ;
ior is it like that men before they fliall lee
you in earnell will have their names pro-
duced againll the Earl of Clarendon ? If
this be your proceeding, we mull never
expe£t to impeach a great man more. If
you think there is nothing in the charge
leave it, but it you think 'tis worth your
while, take heed of making fuch a dange-
rous precedent as by ncgle^fting it to wound
your liberties; but proceed in the ulual
way with a general impeachment.

Serj. Maytinrd. I (land not up to give
advice, but to fpeak to matter of fad in
the bufinefs of Strafford and Canterbury ;
I attended that bufinefs from the beginning.
Sir John Clotwarthy informed fomething
againll Strafford to be direft treafon, that
he had alTumcd an arbitrary power in Ire-
land, nnd difpoffeffed one Savage by force
of arms, and undertook to prove it. Sir
Henry Vane alio told them, that he had a
note taken out of his fathei's cabinet, con-
taining the advice which Strafford gave the
King in that cafe-, namely, the King want-
ing money, and the queftion being how he
ffioukl lupply it, he replied, " That if
the Parliament was refraftory and would
not, you ftand looted and ablolved from
rules ot government-, you have an army
in Ireland whicii you may employ to reduce
them."

Then there was a debate whether they
fhould accufe of treafon. And Sir Ed-
ward Herbert (the Attorney) faid, if you
are periuadcd the truth is, as is pretended,
you may. And fo it was ; b^ut when the
Clofe Committee had examined the btifi-
nefs, they moved the Houfe that fome
lawyers might be added to them ; and had
they gone, when they faid they were ready,
they had not touched one hair of Strafford's
head. Then it was confidered what was fie
to be done: to accufe him of treafon
would be a dangerous precedent, as if out
of many other crimes a treafon could be
drawn ; thereupon it was relolved not to
demand judgment from the Lords, becaufe
fome articles were not treafon. T hen it
was propounded not to ffate what his of-
fences were, left it fliould give advantage
to inferior Courts fo to proceed ; but laid,
he defcrved tube accufed of treafon; and
in conclulion a Provilb was added, not to
make that cafe a precedent.

For the Bilhop of Canterbury, the four
articles were general, and he was long in

prifon

A COLLECTION op TRIALS.

219

'pr'ifon without any proceeding againfl him-,
but ai'ter long time he demurred, then new
articles were framed, on which he died.

Mr. yohn Vaughan. You have had a
charge opened of a ftrange nature, and I
1<now not what part of it can be proved,
but the reputation of this Houfe is at ftake,
and of tiie King too : For where a charge
is brought in by fome of your members,
whereof one Article is. That he (hould fay
foch words of the King, as by a Statute
made by you is a Prtemunire, and to give
council, to levy war upon the kingdom ;
is it agreeable to our duty to the King and
Kingdom to let it die ?

For the perlbn concerned, I know not
which way his Honour can be whole with-
out his giving an anfwer to his charge ; for
mark the confequencc, if the King fhould
take him to favour again before cleared,
will not the world fay a perfon is received
to favour again, who gave the King coun-
cil againft the kingdom, and traduced the
King, and how can he be whole in bis ho-
nour this way ?

Obj. But it will be faid, we muft have
•ground to put him to anfwer.

Aiifijj. Whtthcr you have ground enough
to prove I know not, but you have ground
enough to make him anfwer to clear him-
felf. Suppofe thofe two articles had been
charged on a member of this Houfe, what
would it have become that member to do ?
Should he fit ftill and fay, 1 will make no
anfwer, but fee whether the Houfe will
make more proof.'' If he fhonld do fo, the
not making an anfwer is realbn enough to
charge him.

I can give you inftances of perfons
charged in Parliament, who though not
nominated, yet being (as it were) pointed
at, petitioned that they might anfwer, and
fo would any man-, but when this is bruited
up and down, will not the world iay, You
never alk the party whether Guilty ?

The Duke of Sufrblk was charged upon
common fame, and if that were a ground
for a charge then (which I do not fay it
was) fo it is in this cafe ; but he .moved
that he might be heard ; and though it was
defiied he might be committed, yet it was
juflly rejefted till he had anfwercd. 7 hen
for the nature of the charge, if it be true,
it is very high, but whether it be treafon is
another matter, it is brought to you under
no name ; when you make the charge, it
becomes you to fay what it is ; therefore
choole a Committee to reduce the AccuCa-
tion into heads, and bring them to you,
without which you cannot right yourfelves,
nor him, if innocent.

For the way of it, it cannot be thought
fit topublilh your witneffes and the matter
j before hand ; if in private caufes the de-
' fendant and plaintifF fhould have a publica-
tion before-hand, no caufe would be rightly
judged, much lefs when you have publica-
tion of all which concerns the one, but no-
thing of the other. Again, if a witnefs be
examined concerning matters in his own
knowledge, if he gives evidence, where he
: is not brought judicially to give it, if he
hath teftified any thing which brings him
within the Statute of Falfe News, how can
■ he avoid the penalty .'' For it's not enough
for him to fay he knows it, but he muft
have others to juftify it.
j As for the perfons who bring the Charge,
they are your own Members, which the
I Writs return for honeft and diicrreet men,
' and if you are fatisfied of that, how can
you rejcft their complaint, though grounded
' upon " Common Fame," as all accufations
! are, feeing they tell you, they can brin^
' proof of what they fay ?
} Then for " Common Fame," if a man
I fpends largely, and hath no vifible way to
'' get ancftate, no man accufeth him to have
\ gotten it unlawfully •, yet he may be pm
I to clear himlelf from what " Commoh
' . ' Fame*'

2?o A COL

fame chargeth him with. Upon fufpicion
of felony, I mav bring a man before a ma-
giltrate to clear himlelf ; fo in the courfe of
indidments and prefentments, a charge is
given of what things are to be prefenced ;
then a proclamation is made, That if any
one can give evidence, he may be fworn,
but if no evidence appear, yet they may
indicl.

Then it will be faid, the oath is a ma-
terial tiling, but we are proceeding without
an oath.

To this I anfwer. What this houfe (hall
charge is of more authority than the oaths
of ordinary witneffes ; Peers, though not
upon oath, are fuppofed to do right; fo are
v,e upon the reputation of our honefly and
difcretion.

Mr. L. H. I am fenfible the houfe may
think me partial, but I fhall endeavour to
fhevv myftlf not fo much a fon of the Earl
of Clarendon as a member of this houfe;
and I afflire you, that if he fliall be found
guilty, no man (hall appear more again ft
him than I ; if not, I hope every one will
be for him as much as I ; let every man
upon his confcience think what of this
cliarge is true, for I believe that if one ar-
ticle be proved, he will own himfelf guilty
^i all.

Sir Hen. Fin. An impeachment there
muft be, if there be caufe ; fuch accu-
fations are not to be pafled over in fiknce.

I believe not one truth in the law more
than in this propoficion. That there is no
futh thing as trcafon by common law, or
by equity, and we hold our lives by that
law ; Before the 25th of Edward III. a man
could fcarce fpeak any thing but it was
treafon, in parliament or out ; but no man
ought to die as a traitor, who hath not li-
terally oflended that law, or fome other
made fince : There is indeed in that law a
provifo about the parliament's declaring
what is treafon ; but note the danger of
taking declaratory powers, which 1 fear

LECTION OF TRIALS.

hath brought us into a reckoning of bloody
which we have not yet paid for.

The power of parliaments is double ;.
LegiQative, which hath no bounds ; De-
claratory, by pronounringjudgments.

And though I know not what the legifla-
tlve power of a Parliament cannot do, yet
it is not in the power of the parliament.
King, Lords nor Commons, to declare any
thing to be treafon, which is not in the
common law felony before. The provifc^-
in Strafford's cafe was (it's true) made for
inferior courts ; but I hope we fhall not
fo proceed as muft needs draw after it a Ne
trahatur in exemphim, and your own aft
this parliament fliews, that all done by
Strafford, a-part, or together, was not
treafon : And it behoves us to take heed
we thwart notour own argument.

For the manner then, confider how you
fhould proceed if it were out of parliament,,
and how the bringing of it into this houfe
alters it.

If it were out of parliament, without
doubt the accufation fliould be proved
before hand, and thofe who difcover it are
guilty of felony. This provides for the
lubjedf, that the witneffes muft be two,.
and for the King, that none fhall difcover
the evidence.

But fuppofe the charge be for mifde-
meanors, the trial then is not to be by tha
Lords, but by the Commons ; for the
Lords are his peers only in caies capital.

How then doth the bringing it into par
liament alter the cafe? If the parliament
fet afide laws in this cafe, v/e Ihould be
happy to fee law declaring what is the
power of parliaments. '

There is no precedent produced which is
fingly of weight to guide you, therefore if
you proceed, let it be as near as poffiblc
by the good old laws ; namely. That there
be an accufation founded upon an oath and
the evidence kept fecret, I propofe that
way for the very rcafon that others oppolc

ir.

A COLLECTIO

it, (viz.) The acciifation goes over the
kingdom, and it will bring diflionour to
the houle, the King, and the Earl ; for the
honour of the houle it will be hard to fay,
the charge was brought in upon mil-infor-
mation. A perfon accufed for advifing to
bring in arbitrary government, &c. and
for faying the King is not fit to govern •, If
this be true, though it be not treafon in the
formality of the law, it deferves no lefs pu-
nifliment than if it were ; but if not found
guilty, confider the cafe. If one fay, A
killed a man, and it is not fo, muft not he
give reparation ? We have an accufation
upon hear-fay, but if it be not made good,
the blackefl: fcandal which hell can invent,
lies at our door.

Then Sir Thomas Meers moving to refer
it to the committee of grievances.

Mr. Faugh. You fliould have put the
firft queftion before another had been
moved, the Earl of iMiddlefex (Cranfield's
cafe) will not hold parallel ; he was accufed
of bribery, which might be proved by tlieir
own books, but this is for fcandalizing the
King, &c. and where fhall the Committee
of Grievances enquire about it .'' You fay
let them hear the perfons.

But fuppofe tliey be of the Lords Houfe,
can you fend for them ? Or if you do, will
they come and fay it ? The matter of this
accufation is fuch, that if it lies in the
knowledge of a fingle perfon, if he delivers
it extra-judicially (which he doth, if not
upon oath) he may be undone by it, and
hazard his perfon too : At the Committee
of Grievances the perfons muft be known,
and what they can lay, and then we may
conclude what will follow : Befides, their
quality may be fuch as they cannot be
brouoht, or their difcrction fuch as they
■will not anfwer.

Sir Richard 'Temp. Tell but the Lords
that a man in public place hath mifbehaved
himfeif, and they will fentence him, if he
purge nothimi'clfi Never vet were wit-

VoL. I. No. ic.

NoF TRIALS. 22 r

nefTes examined before the trial in cafe of
treafon or felony, for then if there be two
witnelTes, a v/ay may be found by poyfon,
or fom'e other way, to take away one '

Serj. Ma)n. No man can do what is
juft but he muft have what is true before
him ; where life is concerned, you ought
to have a moral certainty of the thing, and
everyone be able to fay upon this proof in my
confcience, " Thismanisguilty." Common
fame is no ground to accufe a man, where
matter of fact is not clear : To fay an evil
is done, therefore this man hath done it, is
ftrange in moralitv, more in losjick.
Upon the whole debate it was voted,
That the committee do reduce the accu-
fation to heads and prcfent them to this
houfe.

November 6, 1667.

Sir Thomas Littleton reports that the accu-
lacion was reduced to heads, which he
read in his place, and afterwards deli-
vered the fame in at the Clerk's table,
which are as foUoweth, viz.

I. That the Earl of Clarendon hath de-
figned a ftanding army to be raifed, and to
govern the kingdom thereby, and advifed
the King to diffolve tliis preient parliament,
to lay alide all thoughts of parliaments for
the future, to govern by a military power,
and to maintain the fame by free quarter
and contribution.

II. That he hath in the hearing of the
King's fubjects, falfly and fedicioufly faid.
That the King was in his heart a papift, or
popiftily aifefted, or words to that effect.

III. That he hath received Q;reat fums of
money tor the procuring of the Canary
patent, and other illegal patents ; and
granted illegal injunctions to flop proceed-
ings at lavv- .agiiinft them, and oclier illegal
patents formerly granted.

. L 1 1 ■ IV. That

522.. A C O L L E

IV;. That hf ha'.h advilVd and procured I
divers of his iviajdiy's ivibjirdts to be im-
prilbned againfl law, in rcinote iflands, '
parrifons, aRd other places, thereby to pre- |
\<x\i them rVom the benefit of the law, and
to produce precedents for the imprifoning
liny other of his IVIajefty's fubjedts in, like:
raannei".

V. Thr-i: he procured, his Majefty's
cuftoms to be farmed at under rates, know-
ing the fame, and great pretended debts to
be paid by his Majefty ; to the payment of
which, his Majefty was not in ftritlnefs
bound : And afterwards received great
fums of money for procuring the fame.

VI. That he received great fums of
money from the Company of Vintners, or
fomcof them or their agents, for inhapcing
the prices of wines, and for freeing them
from the payment of legal penalties which
they had incurred.

VII. That he hath in a fhort time gained
to himfelf a greater eftate that can be ima-
gined to be gained lawfully in lb fhort a
time i and contrary to his oath, he hath
tJrocured feveral s-iants under the feal from
his Majefty to himfeli: and relations, of
feveral of his Majefty's lands, hereditaments
and leafes, to the difprofit of his Majefty.

VIII. That he hath introduced an arbi-
■ trary government in his Majefty's foreign

plantations, asd hath caufed fuch as com-
plained thereof before his Majefty and
council, to be long imprifoned for fo doing.

IX. That he did rejedt and fruftrate a
propofal and undertaking, approved by his
Majefty for the prefer vation of Mevis, and
St. Chriftophers, and reducing the French
plantations to his Majefty's obedience,
after the commiflions were drawn for that
purpofe, which was the occafion of our
great lofles and damage in thofe parts.

X. 1 hat he held correfpondence with
Cromwell and his complices, when he was
in parts beyond the feas attending his Ma-
jefty, and thereby adhered to the King's
enemies.

ION OF T P. I A L S.

XI. That he advifed and e.Tcded the
fale of Dunkirk to the French King, being
part of his Majefty's dominions ; together
with the ammunitions, artillery, and ail forts
offtores there, and fjr no tjreater value than
the faid smmunicion, artillery and ftores
were worth.

XII. That the faid Earl did unduly
caufe his Majefty's letters patent under the
great feal of England, to one Dr. Crow-
ther, to be altered, and the enrolment
thereof to be unduly rafed.

XIII. That he hath in an arbitrary way
examined and drawn into queftion divers of
his Majefty's fubjefts, concerning their
lands, tenements, goods, chattels, and pro-
perties, determined thereof at the council-
table, and flopped proceedings at law by
order of the council-table, and threatened
fome that pleaded the ftatute of 17th of
Car. I.

XIV. That he hath caufed quowarranto's
to be iflued out ag^alnft moft of the cor-
porations of England, immediately after
their charters were confirmed by aft of par-
liament : to the intent he might require
great fums of money of them for renewing
their charters, which when they complied
withal, he caufed the faid quo warrantors
to be difcharged, and profecution therein-,
to ceafe.

XV. That he procured the bills of fet-
tlement for Ireland, and received great
fums of money for the fame, in moft cor-
rupt and unlawful manner.

XVI. That he hath deluded and betrayed
his Majefty and the nation in all foreign
treaties and negotiations relating to the late
war, and betrayed and difcovered his Ma-
jefty's fecret counfels to his enemies.

XVII. That he was a principal author
of that fatal counfel of dividing the fleet,
about June, 1666.

The Clerk having read them a fecond
time it was moved, That in regard the ar-
ticles

A COL LECTIO

tides were many, they might be referred to
tlie committee to fee how far they were
true V becaufe fame is too flencier a ground
to bring a man upon the ftage.

Sir Francis Gccdr. Seconds it, becaufe
new matter was now added to what was
formerly charged viva voce in the houfe.

Sir Roherl He-Ward. Slippofe the Earl of
Clarendon innocent, and yet charged and
imprifoned (which is-the worft of the cafe}-
he afterwards appears innocent and is dif-
charged, receivmg no more hurt than other
fubje6ts have done; namely, the Duke of
Buckingham.

ObjeEl. But why fliould we commit him ?

Anjm. For pfoof, whether the articles
be true or not. Suppofe men for felf pre-
fe:vation will not venture to come, not
knowing how they may trull themielves,
and lb you have no proof, he very guilty,
and you not able to proceed ? Is the incon-
veniency greater for an innocent perfon (if
he prove fo) to fuffer a few days, than for
you to lofe your reputation for ever. If
this man be not brought to his tryal, it
may force him to fly to that which he coun-
felled, that is, that we may never have
parliament more.^

Sir Francis Goodr. I am not againft pro-
ceeding, but unfatisfied to do it without
witnefs, it being like fwearing in verba ma-
gijlri.

Sir John Boll. That the committee un-
dertake to make good the charge, other-
wife examine witnelTcs.

Mr. Vaughan. You admit the accufation
to be matter for a charge, if the committee
find proof : if you ini end to make this a
diftinft cafe I leave it to you ; but if this
be to fettle the courfe of the proceedings of
the Houfe, I am againft it ; for this is or-
dering a way of proceeding in the Earl of
Claredon's cafe, which fhail not be a gene-
ral rule. Tho' I cannot f ty one of the ar-
ticles to be true, yet I know them to be a
full charge if made good, and you are pre-

N OF TRIALS.

223.

fcribing a courfe neitliier proper, nor ever
praftifed, A witnefs who fpeaks without
oath is fubjedl to damage ; not fo upon
oath, becaufe the law compels him : And
whereas it hath been faid, If witnefies atteft
before the Houfe of Commons, what
judges dare meddle in it .'' I anfwer, fuch
judges as meddled in the cafe of Sir. John
Elliot, &c. and the fhip-money,

Sir R. Temple. A grand jury is capable
to preient upon their own knowledge, and
are fworn to keep the King's counfel and
their own, and I believe there is not one
article of the accufation but will be made
good.

Sir Rob. Howard. As I am fenfible of
the danger of publifhing witneffes before-
hand, fo I would have every one fatisfied ;
therefore take the articles one by one, and
according as you fhall find what your mem-
bers may fay for the truth, you may be in-
duced to proceed or not.

Sir Tho. OJb. The Houfe ought to have
fomething to induce their belief, which,
they have had from feveral members, and I
know how fome will be made good.

Sir Tho. Littl. What * article members
of the Houfe do not offer you matter to in-
duce you to believe, you may lay it afide ;
therefore hear what fliall be faid, and pro-
ceed accordingly.

Mr. John Tr. You cannot expeft wit-
nelTes will appear before you. Lords will
not, nor can you expeft Commoners Ihould ;
for when you are up and gone, nothing can
proteft a Commoner, if this information be
not judicial.

At laft the queftion was put whether to
refer it to a committee.
Yeas, 128.
Noes, 194.

322.

Then

224 A COLLECTION OP

Then the firft article was read to fee
what would be faid to induce the Houfe to
impeach.

The firft article read.
Sir Rob. How. -s Heard from perfons of
>• quality. I

■LiOrd Faugh. J Thatitwouldbeproved. I
The fecond article was read. i

Lord Si. Job. Perfons of great quality {
have aiTured him to make it good, and if
they perform not, he will acquaint the
Houfe who they are.
The third article read.
Mr. Ed. Seym. Sufficient perfons will
make it good, with this addition, when he
received the money,' he faid, " So long as
the King is King, and I Lord Chancellor,
the patent will itand.

'1 he fourth and fifth articles read.
Sir R. •! emp. Divers have undertaken to
make them good, if they do not I will name
them

About his receiving money of vintners.
Srr Rob. Carr. Tliat he knows who will
prove it.

About his getting a great eftate fo fud-
cknly.

Mr. Ed. Seym. I fuppofe you need no
proof the funfhines at noon-day.

Sir Tbo. Littl. The matter of faft in
the article is cafily made out, for his place
as Chancellor could not be worth above
4 or 5000 1. per ann.

About introducing an arbitrary govern-
ment in the plantations.

S'mT bo. Littl. ) One Farmer and others,

i>ir Tho. Osb. 3 came from the Barba-

does to. complain of it, and lodg'd their

petition in this Houfe, but were imprifoned

that they might not.be heard.

About frultrating propofals for preferv-
ing Nevis, &c.

Sir Charles (-Fheel.
onl) oppofed it.

About
Cromwell.

holding

My Lord Chancellor
correfpondcnce with

TRIALS.

Mr. Swinf. That is pardon'd by the aft
of indemnity.

Vaiigh. The committee were aware of
that, but the defendant may plead it, and
prove that he is not out-law'd.

Sir Cher. Wheel. I want not clearlv to
prove it.

Sir Rob. How. For fuch fecret things as
thefe he ought to plead, notwithftanding
the a<5t of oblivion, that the world may
know whaare undifcerned enemies.

Mr. Hcmhd. it is not only an A<51 of
Parliament, but oblivion : and no man
ought to be fo much as accufed for what
was done before.

Mr. Vaugh. If the pardon be genera],
the judges and you are to note it, but if it
hath qualifications (as that aft hath)
they are not to note it ; for you muft fay-
there is no ind:6lment or outlawry againft
him (for fuch the adl excepts) or the ar-
ticle is to Hand.

Then the aft was read.
Mr. Sivinf. The claufe for pardon is ab-
folute, and any man accufed, pleading it
fliall not be fued, nor his fault mentioned,
and this is to all offences and oficnders ;
and for thofe who betrayed the King be-
yond fca (who are excepted) they mud be
profecuted within twovears.

Obje£l. You will fay, he may plead that
aft.

Anjw. By the fame rule, any man who
committed a fault, during the troubles,'
may be put to plead it for pardon.

Serj. Mayn. We profcfs that there fiiall
be candour in our proceedings, Do we there-
fore believe this great man is outlaw'd } If
not, how fliall we accufe him of what we
believe not true ?

Mr. Vangh. When I am fatisfied of a
thing, I am not afhamed to own it, I find
now, having perufed the aft, that he is with-
in the clauie. 1 he indemnity is general,
and he is within it if not excepted, the ex-
ception reaches thofc who have held intel-
1 ligence

A COLLECTIO

ligence with the King's enemies, fo as they
be profeciited within two years, this he is
not, therefore is clear.

So upon the debate, the article was ex-
punged the paper without a vote.

About the fale of Dunkirk.

Sir -Tho. Osb. A ereat Lord told nne that
the Earl of Clarendon had made a bargain
for Dunkirk three quarters of a year before
it was known.

About fealing Do6lor Crowther's pa-
tent.

Mr. Street. The King; wives the livino; to
Crowther, in the grant is a miftake of a
county, Crowther finds the miftake, and
petitions the King to amend it ; the King
calls for the Chancellor and leal, and in the
King's prefence it was amended and fealed.

Sir Iko. Littl. The crime feems as great
as a Chancellor could commit ; the King
was to prefent by fuch a day or not at all ;
the error was found after the day, fo that
the King (by aft of Parliament) had loft
his right. The Chancellor did alter the
patent, and the record was fetch'd away by
one of the Chancellor's fervants, and
brought back, rafed and altered, which
might be done, (^and in other cafes is done)
where a word only hath been miftaken ;
but that is in ca!e of fomething perfeftly
in the King's power, and to fave new feal-
ing ; but here could be no new fealing, the
time being elapfed : It was to throw ano-
ther man out of his freehold, and is a great
crime.

About drawing men's lands into quef-
tion.

Mr. Than. I fliall be able to make it
out.

About quo ioarranto''s to corporations.

Sir Tho. Littl. This is fopublickathing,
that it need not be proved.

About the fettlement of Ireland.

Sir Rob. Hc-j!}. I doubt not but ft v/ill
be made but.

About foreign treaties.

Vol. I. No. lo.

N o F T R I A L S. 225

Sir Tho. Littl. This will appear by the
treaties themlelves, putting us in hopes of
peace, and fo hindering the fleet's fetting
out. ,

About mifcarriage of the war.

Mr. Thorn. I want not perfons to bring
to make it good.

Sir Tho. Littl. Sir Edward Sprag defires
money to give an intelligencer, and has it ;
Sprag brings the intelligencer to the King,
the King cominands him to meet him at the
Chancellor's, there he met the King, and,
then order was given to divide the fleet.

Mr. Marvel chargeth Mr. Seymour with
faying in his acculation. That the King
was infufficient for government, which is
now omitted in the charge, and defues he
may declare where he had it.

Mr. Seym. 1 he party that told me atfirft,
differed fomething afterwards, therefore I
rather withdraw it than to trouble you
with uncertainties •, but a gentleman in the
Eloufe can give you further fatisfadtion in
it.

Sir John Den. A Peer of the land heard
the Earl of Clarendon fay in a coach. That
the King was an unadlive perion and indif-
pofed for government : I'his wl'll be made
good.

Upon debate it appearing probable that
thefe words were fpoken before the aft of
oblivion, it pufl'ed over.

About the cuftoms.

Sir Rich. Temp. I have been informed
that he had a (hare for under-letting the
cuftoms and 40,000!. bribe for getting pre-
tended debts from' the King.

Sir Tho. 0.y^.The Earl of Clarendon fiid.
Bid who would for tlie cuftoms, none fiiould
have them but the old farmers.

Mr. Prynn. Having Sioneover the articles,
we Ihould know where and v. hen the words
were fpoken. •■. '■■•.■

Mr. Seym. That will be -a way to fup-

prefs the evidence, I hope you will impeach

M m m him

226 A COLLECTION

him at thf Lord's bar, and in due time pro-
duce your vvicnefTes.

Mr. Prynn. You nnill refolve to im-
peach him of trealbn, or mifdemeanour, and
name, it accordingly.

Sir Ed. PFa'p. You ought firft to give a
title to your impeachment, tor if it be for
treafon, you will move for commitment ;
if k be for impeachment in general, not.

Mr. Coleman. What is laid before you
is only by hearf.iy; but no affurance that it
will be made good ; only that if tliey who
r.-ported it do not make it good, you fliall
know who they are. In the Eari of Straf-
ford's cafe (the worft of precedents) the
Houfe proceeded not, till one fpake in the
Houfe upon his own knowledge, and ano-
liis reputation to make it

ov TRIALS.

I Ed, G. Cap. 12.

1 Q^Ma.

I 3 Car. 2d.

J 4 Car. 2d. Cap. 29.

Mr. Steward declared it to be tranfcen-
derrt mifdemeanour, but no treafon.

Mr. Vaiigh. Two queftions will be co!V-
fidcrcd, one. Whether what's charged in
the article was treafon in common-law be-
fore 25 Ed. 3. That fo we may undcr-

ftand the miture of treafon -, the other.
Whether by any fubfequent a6t it is made

ther engaged
good. ■

Sir Roh. Atk. Thofe who have given you
inducements to proceed, do it at third hand,
and though they may know the credit and
impartiality of thofe that told them, yet
you do not.

Sir 1'ho. Littl. A queftion (hould be put.
Whether this Houfe hath fufficient induce-
ment to irppeach ? Afterwards, confider
what the title fliall be, then appoint a com-
mittee to frame articles.

Which queftion being put, was carried
in the affirmative.

Then adjourned.

November, 9.

The firft article read.

Sir John Goodrick, Treafon ought to
terminate in an overt-adl, wh'xii dcfigning
is not, thei-efore pray read the ftatutes.

Thereupon fundry ftatutes were read.

4. Cap. 10.

25 Ed.
I Hen.

otherwife.

Mr. H'^dll. The advicegivento the King I
look upon to be this. To eftabliOi a new
government, to be governed by Janifines
initead of a Parliament ; to have a Divan
and a great minifter of ftate, inftend of Vi-
zier Biftiiu, A worfc plot than that of the
5th of November; there, if the Lords and
Commons had been deltioyed, there would.
have been lucceffion, but here both had
been deftroyed for ever. Then in order to
the debate confider how the law looks on it ;
for though we may accufe on lels evidence
than (he may judge, yet we muft be cauti-
ous in naming the crime : What therefore
doth the law call this before 25 Ed. 3 ?
then look whether the power of conftruc-
tive treafon be taken away fince.

Sir Fran. Goodr. The matter concerns
life, therefore we ftiould be wary in the ex-
ercife of legiflative power ; you are not tied
to rules, but you are now a ftep towards
judicature •, the common-law is j^j non Jcrip-
tutn, and though every treafon includes fe-
lony, yet not every felony treafon, 25 Ed.
3. There is a declaratory power, whether
a thing be treafon, or other felony; not whe-
ther it be treafon, and could not be declar-
ed treafon, if not felony before. In cafes
capital at common law they might declare
it treafon, but in cafes not capital at com-
mon law, they never exercifcd their decla-
ratory povfcr. Among

A COLLECTION of TRIALS.

Among other things, that ftatute declares
fa lie coined money to be treaibn, which is
but felony at common-hw -, afterward mo-
ney being imported, whicn was notaccord-
irg to the (tamp, ther-e was no piiniOiment
for it, but as a mikiemeanour ; Therefore
4 Henry VI [. Provifion is made againft
that prriclice, and it is made treafon ; but
if the Parliament's declaratory-power could
have made it treafon, what needed a ftatute
on purpofc? So that I cannot think the ar-
ticle before you is treilbn, it not coming
within the words of the (tatute.

Mr. Vaugh. I fhall fpeak to the firft
queliion. Whether tf.is article was trea-
fon at common law ; and firft remove what
fome have afllrted, namely, 'I'har nothing
is treafon, but what was felony before
25 Edw. III. where petty treafon is fpokcn
of, the wife killing the hufband, &c. I'hefe
words follow. It hercritter it come into
queilion whether there be another trea-
fon ? It fhal! not be refolved by the Judges,
till the Parliament determine it ; ior in
petty trea.bn, if it be treafon, it mult be
felony, becaufe there is killing.

Then comes more, whether raifing, &c.
and it follows whether it be felony or trcf-
pafs ; and the thing itfelf is more ftrange.
None ever doubted, but that all treafons
of 25 Edw. III. was treafon before, and
was fo refolved 12 Q^ Eliz. That by that
Ad the Kincr declares what fliould be trea-
fon ; namely. If any man vitiates the
King's eldeft daugluer, &:c. But by this
dodtrine if it were not treafon, what was
it ? Either adultery or fornication, when it
is only the eldeit daugluer, not the
youngcfl.

It hath been in all ages a reputation to
perfons who have been Coui>f;;i!ors to
Princes according to emergencies to give
counfel to extricate them out of danger,
and therefore hard to tax a M:ni(ter of
State in a cafe which he acquaints his ma-

227

fter with ; for there can be no treafon but-
againlt the King hmilllf.

I will fhew you what I mean. It is true
this is a trea.^on which cannot arife from
mifprifion, becaufe it was Ipoke to the
King himlelf ; but as a Miniltcr cf State
he has liberty to give Counfel for the King's -
lafcty. If a perfon be able to inform his
malter what alliances are good for him, it
is his duty ; fo what trades are profitable,
what not, &c. So where men or money-
are wanting, to advife how to extricate is
commendable ; but when it comes to this,
that he breaks in upon the laws, invading
the contract between the King and his fob-
jeds, it will be as if a man advifeth, 1 hat
if the King wants money, he may let .up
highwaymen to take it, and bring it to
him, and fo the fkilfullcit for breaking the
Law fliall be eiteemcd the heft Counfcllor ;
therefore whoever thinks to ferve his Prince
by breaking the laws, he is fo far from a
wife man, that he is the highcft criminal,
&c. Then for the nature of the thing,
the treafons declared 25 Edw. III. were
declared by the King's Commiffion, and
the trealons were of that nature wh'ch con-
cerned Counfel, &c. they v/ere not like to
be declared. And there is a palTage in
Glanvil, called Sedtitiio Domini Regis, that
is, deceiving the King to what is pernicious
to him and his people.

Now fee the nature of this crime ; If a
man counfel his Prince, and pr-actice ic
fuch a way as fliall render him Prince of
Confcicnce, who hath bi-oken his oath, and
all this to his injury, fo that he hath no
afTent to it. Compare this with any trea-
fon of 25 Edw. III. Confider it : Here is
a perfon who gives the King advice, which
at once muft make his people lee he hath
broken all his faith to his kingdom (and is
not the counfel of governing by an army
fuch) all the laws broken, to keep which
the King has fworn, and this the King put

upoa .

228

COLLECTION or TRIALS.

upon tho' not inclined to : I alTert not this
upon the Ea-l of Ciarendon, bcit upon the
article. Who doth this, couniels the
higheit trealon againft the common law,
becaufe others are \'o ; but it a man will
pretend to give covmlel, wherein many fhall
have no. benefit by the law, he breaks all
parts, and therefore I think this Counfel
was trcafon at common law.

Mr. Colem. The Queflton is, Whether it
be in your power to declare this article
treafon by 25 Edw. III. If he advifed an
army againlt the King's confent, it is againlt
the ftatute; but 1 fuppoi'e that the expref-
fion in the article was advice to the King
in aid of his government. Your enacting
power is a kind of omnipotency, but in a
declaratory power you can declare no more
than is committed to you, and with latety
to the fubjeft you cannot' declare this trea-
fon ; then what muft be our rule in declar
ing, I dare not fay : For fcarce any man
can tell v.hat was treafon before 25 Edw. 111.
was made to bring things to a certainty,
and what was uncertain to them who made
that law can be certain to us now. As the
Judges can declare no other treafon, fo in
your declaratory- power, neither can you
declare trealon unlefs there be refemblance
to fome other like cafe : the advice faid
in the Article to be given the King,
cannot be within that ftatute, unlefs the
Counfellor mud run the hazard of his
advice.

Mr. Faugh. The grcateft declarations of
treafons which ever were, equal not thofe
22 Rich. II. in Nottingham Caftle : the
Judges are called to deliver their opinions
upon their faith, and they, declare the Afts
to be treafon becaufe felony before, and
thoucrh fome of them were hancred for ir,
yet the Parliament declared the fame
thing.

Serj. Mayn. Was, what is mentioned,
treafon by the common law, though fo faid

by the Lords ? and what was fo declared
was repealed, Hen. IV.

Sir Tho. Littl. Pray refolve whether it
was treafon by common-law ; and if fo,
when made fo. Some think not, becaufe
they find not the Parliament declaring them
treafons, as being fo at common la-A/, and
that that ftatute was made to bound them,
but that was only to bound inferior courts,
not themfclves -, for the Parliament makes
not a new crime and then condemns it,
but the crime was before, and the Parlia-
ment declares it.

Sir Ed. Thur. Hath the Parliament de-
claratory power now ? Yes, but it muft be
by King and Parliament, fo it was in the
cafe of the Genoua Ambalfador. The
Judges would not conclude the articles
treafon, nor would the Lords alone ; and
if you come to an equal declarative power
with them, you m,uft examine witnefies, or
go by a Bill.

Serj. CbarL The queflion is. Whether it
be treafon by the practice of England, the
common-law is the cuftom of England,
and the ufage is grounded on precedents,
I know not one precedents where words or
intentions were trealon at common at law,
for they are not treafon where no Act
follows.

Sir Rich. Temp. The Article is treafon
by common law, and Judges have recourfe
to Glanvil, &c. who jay, that giving ad-
vice to overthrow the Realm by common
law.

Serj. Mayn. The Queflion is. Whether
he fliall be unpcachcd of treafon upon this
Article ? If you go to treafon at common
law before 25 Edw. III. )0u fly out of
fight, for the word fedtitfio was ibon after
called feditio, feducing, but not laid to
what ; nor were thole authors ever reputed
of authority : It's true they are fometimes
quoted for ornament, but not argument,
and not one cafe in one hundred of Glan-
vil

A COLLECTIO

vil Is law ; but when a cafe comes that is
the tlieet-anchor of life, and cftate, you
fliould be wary •, for by wit and oratory
that may be made treafon whichis not ; and
this which is a great crime, ought not, be-
Caule great, to be made trealun.

Objfi'L But it will be faid, levying war
againlt the law, is againft the King, and
here was an intent to alter the law,

Anfw. True, yet a deftgn to levy war is
not treafon within ihe fhitute, here is no-
thing of ad, but words to that end : If a
counlellor gives bad advice, it makes it not
treafon, but by a bill it may be made what
you pleafe. By tlsat ftatute of 25th of Ed-
ward III. are more treafons than are men-
tionrd ; for it faith if any cafe happen, the
Judges fnall Hay till tlie King and Parlia-
ment hath declared, fo that there is a power,
but the modus is the quellion, whether by
impeachment or bill ; you may the latter,
not the former. It was dene, but you
iiave repealed it, and have faid " None of
which pretended crimes are treafon -," and
what was: pretended againft him, Strafford?
That he had traiioroufly endeavoured
(which is worle than defigncd) to alter the
government, &c. Now where is the dif-
ference ? Here is advice to raife an army,
there to ufe an army raifcd, and thefe you
have called pretended crimes, and no trea-
fon, which is not comprehended by a law;
but to impeach as a traitor, and yet the
thing no treafon is. (Irange. In this houfe,
other than by bill, you have no power •,
you carry your impeachment to the Lords,
and they may give judgment without
coming back to you ; declaring by bill is
by way of judgment, but, as an impeach-
ment, is only an acculation : fo that what-
foever the confcquence is, the Lords judge
it,, and it never comes back to you, and if
you go by bill, you make it treafon, ex
■pofi fitoio.

Mr. Vciug. Concerning what you have
declared about Strafford's, that this cafe is,

VcL. I. No. 10.. .

N OF T R I A L S. 229

I if not lef«, equal .to it, and you have de-
clared that not one charge againff him is
[ treafon is true thus far, when that adl was
I made I repaired to it, becaufe there were
fome things which Ihouki not have pafled
fo, if there had not been fomcihing to
fecure fuch charges as thefe ; for thJre is
no exprcffion of nny particular charge, but
that the charge againft the Earl of slraftbrd
was not m the particular, treafon ; and in
the clofe of the bill, it is faid, that the
whole proceeding fhall be taken away ; and
if fo, no man fliould i'peak againft the par-
ticulars, but look on it as repealed.

I'hen this is faid to be levying war, and '
it's true, it muft lie adual, and fo not-
within the charge. And the. charge againft
Spencer was for counfelling the King, &c. .
and is called levying war againft the king-
dom, and the judgment againft him was
but banidiment ; becaule the fentence was ■
mitigated at the inftance of the Kino;,

And for counfcl, though counfel is eiven
but in words, yet words are more~than
counfel, and .-^re an aftion, oiherwife a
counfeller is fworn to nothing.

But it may be thought 1 have not dealt
ingenuoufly with the houfe, than which \
abhor nothing more ^ when the cafe of
Strafford was before the Lords, I was of
opinion the parliament had no declarative
power left, becaufe jft of Henry IV. there
was an abolifliing of all declared treafon,
and that no treafon, for the future, fhould. .
be fo, and then the treafon about the
Genoa Ambaffador was gone, and all de-
clared treafons were gone ; ifl of Hen. IV.
and no ftatute hath recovered them, and
if all ailual treafons were taken away ift
of Henry IV. or if not then, ift of Edward .
VI. then what doth the firfl of Q^ M. do,
unlefs it take av/ay all declaratory treafon .^

Upon the whole, the queftion was, whe-
ther to accufe of treafon upon the firft
article,

YeaSj
N. n .li

«3»

A COLLECTION of TRIALS.

Yeas, 103.
Noes, 172.

27^-
November 1 1.

Ihe^lecond article was read.

Mr. Frynn. Let the aft made by you,
about defending the King be read, becaufe
it limits proiecution to a time, to lee if this
be within time.

Mr. Vaugh, In things wherein there is a
public defaming the King, it becomes no
man here to defend the perfon accufed, it
the charge be not proved, let the party
himfelf plead it ; you had that which in-
duced you to impeach him, and have de-
dared not to impeach of treafon upon the
firft article: And if any man v/iU add to
the reft of the articles he may, but you
ought to accufe.

Mr. Sollicitcr. None accufeth but for
Juftice fake, and fliould be glad if the party
accufed prove himfelf innocent. There is
a duty to the King, and to truth, and it is
not fit that an article of this kind, brought
into the houfe, fhould be laid by, upon
pretence that the time is elapfed -, for the
crime is more than what is mentioned in the
adt made by you ; it is an offence at com-
mon-law, and if it be profecuted by fine
and imprifonment, no time is limited.

The third and fourth articles read, and
voted.

Mr. Vaugh. Your reading every article
is needlefs, unlefs it be to fee whether any
one may be charged as treafon, for if one
may be objefted againft, fo may all as to
mifdemeanors.

Fifth article, read.

Sir John Shaw. The old farmers had
aot the cuftoms tUl others laid they would
give no more, and they had no reafon to
thank the Chancellor, becaufe they gave
more than others : And I declare upon my
Jife I know no reward given him.

Sir Thomns Litt. It appears by the far-
mers confeffion, that they had it 50,000!.
under, befidcs time of payment, which
was 30,000!. more.

Mr. Seym. You are at liberty to receive
objeftions to the articles, but though others
bad more, they were told they fliould not
have it, and had about loool. each given
them to bid no more.

Sixth, feventh, eighth and ninth articles
read and voted.

The tenth.

Mr. Vaw^h. This is an article of an high
nature, Dunkirk was then as much a part
of his Majefty dominions as Ireland, and if
the fale of it be nothing, I know not what
you would think of it if England fhould be
ibid, you lately debated whether on the
firft article he iliould be accufed of treafon,
and found by the ftatute of 25th Edw. Ill,
he could not, though it was abfolute trea-
{()n at common-law, and it's reported abroad
that I laid that the right of the parliament
in dechring treafon is taken away, which I
did nor, for tliere are treafons not mention-
ed in that ftatute. Therefore it provided
that the Judges fhould nor upon any one .
treafon proceed to judge, until declared
before the King and Parliament, and what
is fignified by it ? If we think before the
King, Lords, and Commons, that is im-
pofTible -, for how can the Commons pof-
fibly declare before the King and Lords }
nor was that the cafe, but this, that there
is the ultimate power of determining what
the law is in a doubtful cale. In writs of
error, let them pafs from court to court, at
laft they come to the Lords, 24111 of Ed-
ward III. If the Judges cannot refolve
what the law is, it is to be brought thither,
that is, where it is queftionable, but that
is not in the Houfe of Commons, any more
than in a writ of error: How tlien is the
cafe here ? If a queftion be v, hether a thing
is treaton or not, it ihall be refolved

where

A COLLECTIO

where the law ufeth to relblve, that is, be-
fore the King in Parliament, that is in the
Lords houle. Had the words of the aft
been thefe, there fhail be no proceeding
until refolved by the King in the Lords
houfe, and fuppofe that clavife ta!;en away,
That treafon fliall not be refolved, but fup-
pofe it fhall not be declared otherwife, doth
it follow it is taken away ? No, if you
charge treafon which is not within the
ftatute, it is another thing, but I faid not,
there is no treafon at common law.

Mr. Sollicitor. There was a great mif-
chief in the declaring treafon by Parlia-
ments •, for Mortimer was made a traitor
for incroaching upon royal power, which
every man, who incroacheth upon any
power, doth. Hence the Commons pe-
titioned the King to explain what incroach-
ing upon royal power was, and when no
anfwer could be gotten to it, 25th of Ed-
ward III. they petitioned it might be de-
clared certainly, and fo treafons were enu-
merated, and if the judges be in doubt,
it is provided that the King and Parliament
Ihall firfi: declare it.

Declaration in Parliament, is a decla-
ration before the King, Lords, and Com-
mons, Would our anceftors leave what is
to be refolved trealbn to the Lords, and
themfelves have no fliare in it .? And Tal-
bots being declared treafon by the Lords,
is faid to be no treafon by Judge Cook, !
becaufe the Commons had no hand in it,
there is no treafon in common law, becaufe
there can be no treafon, where there is no
way to judge it, which is not at common
law.

Mr. Vaugh. When the law is made
uncertain the Lords muQ: declare it, it ap-
pears there were treafons ac common-law
not mentioned, 25th of Edward III. It is
one thing for a matter to be treafon before,
and the Parliament declare it ; another,
for the Parliament to make a thing treafon
whicli was not.

N OF T R I A L S, 231

Sir William Lewis. I defire to be refolved
whether Dunkirk was annexed to England,
becaufe a bill to that end was carried, but
not palled.

Mr. Waller. To fhew that Dunkirk was
annexed to England, confider we were
paffing a bill for 12000C0I. But when we
were making a preamble to the bill, we
were to feck for reafons for sivins; the
money, feeing we had no war, fome faid to
keep Dunkirk, but we were told we fhould
take heed of looking upon at as annexed
unto the crown -, but it was replyed, Dun-
kirk was looked upon as a frontier town,
and accordingly noted in the bill. There-
tore the fale of it treafon.

Mr. Coventry. Had it been part of the
crown of England, what needed a bill to
make it fo ?

Mr. Prynn. It cannot be treafon, becaufe
fold by the King's confcnt.

Kii\ Van h. If the King agreed to it,
doth it follow that he, who advifeth the
King to a thing deftrucfive to his king-
dom and King, is not a traitor ? If any
part of the King's dominions may be
alienated, efpecially when a Parliament is
fitting, for they concurring, it may be
alienated, by the fame reafon the King may-
alienate Ireland or England too without the
Parliament. For by what aft of Parliament
doth the Kino; hold Ireland or England .''
It is by acquifition; I fay not 'J'angier, for
that was part of his portion, and is his
own •, But Dunkirk would have been the
kingdom's if not thus difpofed of, and
though it might have been alienated with
the Parliament, it could no more without,
than England or Ireland.

Mr. Edward Hartl. The adl of Par-
liament for annexing was not this Parlia-
ment's, but of the convention, and came
in thus; the King was pleafed to tell me,
that the Spanifli Ambalfador might prefs
him to part with it, which he had no mind
to do ; therefore he would have a bill t^

anncjf

232 A C O L L E C T 1 O N

annex it tothe crown, which flievvs ir was
the King's will to have it annexed, accord-
inoly this Parliament pafled it, and Dun-
kirk might have been as uieful to Calais.
At length this article was paffed by.

TRIALS.

King*s

determining

whether trealon or

without
nor.

Eleventh, twelfth, thirteeinh and four-
teenth articles read and voted.
Fifteenth article read.
I^rd Vai'.gh. I brought in this article,
his betraying the Kiiig's counfels was to the
French King during the war, and that in
the fecrecy of itate, which was the occafion
of the late mifchiefs.

Sir -Thomas Op. That is direft ad- ^
hering to the King's enemies, and it io, it j
is trealon.

Mr. SoUicitor. This muft be trcafon if
you have any inducement to believe it.

Sir Robert How. 1 have heard it from an
eye~witnefs who told it me, and added that
we are neither to be trufted nor dealt with,
who were fo betrayed.

Serjeant Mayn. Betraying the King's
Gounfcl to his enemies is, doubtlefs, treaion.
Correfponding is another thing. Betraying
muft be without the King's knowledge,
utherwife it is but delivering the King's
v/ords to his enemies.

Sir John Bramp. Did this inforn>ation
come from a fubjeft, or from one of the
King's enemies ?

Sir Robert How. I would not have
brought you information from one of the
King's enemies, nor did I ever converfe
with them during the war.

Coll. Birch. vVe cannot accufe of trea-
fon, except it be faid, betraying the King's
counfel, or correfponding with his ene-
mies.

Mr. Vaugh. You have declared that you
have had inducement to impeach, and
ought to put the quellion, whether on this
article he Ihall be impeached of trcafon.

Mr. SoUicitor. To betray the
counlel, taken generally, is not treaion,
for it may be to the King's friends ; but to
his enemies it is, if the article be fo.

Lord Veii'.gh. Let it be put, betraying-
his Majefty's fecret counfels to his enemies
during the war.

Then the queftioawas put whether thefe
new words delivered by the faid Lord
Vaugh. fhould be added.

Carried in the affirmative.

Sir John Holl. Was this informatioa
given by an enemy or by a fubieft ?

Mr. Vaugh. It muft come from a fo-
reigner, or you could not know it; may
not the King have from a

foreigner a dif-

covery of trealon againft him ? The end of
queftioning it muft be to know the man,
for it might as well be afked whether his
beard be red or black.

Sir I homas Meers. The words are dif-
covcred not betrayed, and difcovering may-
be with the King's confent.

Lord Vaugh. Add the word betraying,
for fo I meant it.

Serj. Mayn. They who give the infor-
mation fay not they had it from more than
one witnefs, which ftatute Edward VI. re-
quires, and only one of them names the
Earl of Clarendon.

Mr, Seym. This exception is proper tOt
be made before the judges.

Then the queftion was put,

Wliether to impeach of treafon on this
article.

Yeas, 1 6 1.
Noes, 89.

250.

Sir Thomas Litf. That an impeachment
of treafon and other crimes and mifdemea-
nors be carryed up to the Lords againft
him by Mr. Seym.

Scrj. Mayn. For mifdemeanor he may
have counfel, not for trealon : Therefore

A COLLECTIO

{6 diftingulfh the charge, that he may have
Gounlel.

Reiblved, That a charge be carried up.

Refolved, That the Speaker and the
whole houfe carry it.

Nov. 12. It being confidered that if the
Speaker go up with the charge, feme dil-
pute might ariie about carrying the mace,
and otherwife.

It was Refolved, That Mr. Seym, carry

it.

Accordingly he went, where at the bar
of the Lords houfe, the Lord-Keeper
Bridgman being come to the bar to meet
him, he delivered himfelf to this purpofe.

My Lords,,
THE Commons aflembled in Parlia-
ment, having been informed of feveral
traitcrous praiflices, and other high crimes
and mifdemeanors committed by Edward
Earl of Clarendon, a member of this ho-
nourable houfe, have commanded m.; to
imj^each him, and I do accordingly impeach
him of High-Treafon, zr.d other crimes and
mifdemeanors in the name of the faid Com-
mons, and of all the Commons of Eng-
land : And they have farther commanded
'me to defirc your Lordfhips to fequefter
him from parliament, and to commit him
ro fafe cullody, and in convenient time
they will exhibit articles againft him.

Nov. 15. The Lords fent down to de fire
a conference in the Painted Chamber.

At which the Elarl of Oxford delivered a
paper in writing (without any debate) the
contents whereof were to this efFeft.

The Lords have not committed the Earl
of Clarendon, becaufe the accufation is only
of treafon ingeneral, without charging any
thing in particular.

Mr. Garraway. I had rather the houfe
{hould lofe the. punifhment of this man,
■(though a great offender) than that this
houfc fhould lofe its privilege : For if this
- Vol. L No. 10.

N OF TRIALS.

23"^

houfe may at no time impeach a Lord with-
out giving in particular articles, it may fall
out to be at a time (as in the Duke of

B 's cafe) where a great man by his

intereft with the King procured the dif-
folufion of tlie Parliamenr, and then the
accufation falls.

Mi". Vaugh. Either you can juflify your.
proceedings, fo as to fatisfy the Lords what
you have done, or yog cannot ^ you mutt
name a committee as well to confider what
you are to do, if your reafons fatisfy not,,
as to draw thole reafons.

Mr. Sollicitor. Without doubt this houfe
was not miflaken in demanding that the
party aculed for treafon fhould be com-
mitted, that is, that treafon is worthy of
commitment, and you can but find prece-
dents that perfons have been accufed of:
treafon, and thereupon have been com-
mitted : But the cafe is this, treafon is an
offence, for which bail cannot be taken j
the Lords tell you not they will, or v/ill
not commit ; but it is true, perfons have
been committed for treafon,, and perfons
accufed of treafon. Judges may commit,
or not.

Confider this law. Let the crime be
what it will, an imprifoning till the charge
is given is but an impriloning to fecurity,,
not to punifliment ; otherwife the la^v is
not juR; and if the Judges of the King's-
Bench have a judgment of diilretion,
whether to commit or not ; can we wondt-r
that the Lords have not. imprifoned, till
they know the article, when they have
judgments of difcretion, though they knew
it ? You may find precedents, but it is nof
an argument it mufc always be fo : But as
the Judges have a latitude much more than
the Lords, the impeachment from the-
Commons of England is properly the
King's fuit, for there is no treafon but-
againfl him, and if the Judges may bail in
that cafe, may not the Lords ? But you are
not told he fliall be bailed, but they defire
O o ta>

234 A C O L L E C T I

to know what li's crime is, and then yoii flial!
know their anfwer, the nfolution feems
rcapjnab'e, having gone no farther, I can-
not except .igainll: it.

Sir Thomas LiU. The Long Parliament
had I'ome good precedrnts which we are net

;to caft away left we fmart for it.

Rclolved, To rellime the debate to-
rn oi row.

'Nov. i6. Mr J/au^.h. The Lords do
not iay commitments Ihould follow becaiife
trealon is bailable by the King's-Bcnch :

.it's true, the King's- Bench bails for trea
Ions, but how ? If perlbns be brought
thither for trealon direftly, there .is no bail,
but when a commitmeat is by the council-

.table for fufpicion of treafon, then if the
matter fall not out to be what was ex-
pected, they give notice to take bail ; elfe
the o-reat article of the great charter, iiame-
ly, that juftire fliould not be delayed, nor
denied, would be to no purpofci and in

.kich a cafe a man may be in prifon for ever.
On the other fide, what is the cafe of com-
mittincr for treafon ? When a pedbn is com-
mitted by the council table, they fay they
do no more but by fpecial command of the
King, and that is the ground ofhis.com-
mittino-, and were not this fo, wliat would
follow ? Intelligence would be given of a
treafon difcovered, wherein many might be
concerned, and if they who commit, ihould
commit with the treafjn, all tiie complices
would efcape ; and therefore fometimes
they make it treafon-general. Then for the
cafe, before you have gone up with a charge
of treafon generally, which is to the Lords
a warrant fufficient for commitment, fay

.thev, we will know the particulars ; then
y/ill not the fame inconveniences follow, if
other perlons be concerned, and fo the
danger of all expofed upon the nicety.

If a bufinefs comes before this houfe,
which concerns others, and may prove
treafon, if we go to the Lords (for we have
not jurifdi(flion except in cafe of ovir pri-

O N OF TRIALS.

vileges) but are not yet ready to bring ujs
particulars, and defire the Lords to appre-
hend fuch perfons, v^ould it be reafonablc
for them to reiiife it, there being no incon-
venience like to loUow the doing it, much
the not doing it .'' I fay not to commit them,
and we not profecute, for that is delay of
iuftice.

.%'t;/". But why do the Lords refufe } ,

A>ijvL'. 1 hough I have great xefpeft to
the Lords, yet to clear fomething in point
of priv 1 ge, the Lords have the fame pri-
vilege with us in point of fpeech, their
.Tcir'xTs, &c. as they are eflcntial to pa£s
l.iws; bii.; that great privilege which they
often afTunie as Peers, is as the King is there
pitil-nt in the higheft Court : Flow then
will it f.:llout in refpedt of this privilege ?
If tlie King. be. there, there be many things
which the Lords as Peers cannot pretend to,
for the King hath often fate there not only
in palling bills, but in judgment. Had
this charge then come before the King
there, it had been reafon if the King fhould
have faid, " I defire to know what this
treafon is," we muft then have told it, be-
cauk he, whom it concerned, required it;
or if we defired commitment, he, who could
releafe or pardon him, might fay., " let him
be bailed." The Lords indeed retain this
privilege, but it is in ihe King's right, not
as Peers.

Now we have carried a charge, if the
Lords bail him, I know not what would
follow, for no example can be given of it,
and I think they will not do it, if the King
do not diredt it.

On the other fide, I would be glad we
might.be no more troubled, than is nece-
fary, becaufc others are liftening what we
do, and think there is nothing in the cafe ;
Therefore I am not for delay, but fatisfy-
ing others that what we have done is not
barely for imprifoning the Earl of Claren-
don, but for juftice ; and if you go this
way, give the Lords the realbns why we

lent

A COLLECTION of TRIALS.

fent the charge as we did, and yet keep up
their privileges, and declare lb to them.

But then we muft go up with more than
that head, on which we refolved to im-
peach of treafon, for your article mull be
io formed as to make it a charge fit to be
anfwered for time and place, and that ar-
ticle hath fomethingof that which mufl be
penned ib as to make it more certain, for
the article goes but thus : That there was
difcovery and betraying of the King's coun-
fels to his enemies, and if you leave it there,
thofe who fcruple doing any thing, becaufe
particular treafon is not mentioned will fay ;
youfayhehathdifcoveredand betrayed coun-
icls to enemies, but as we trull you not what
is treafon, but we will know it ; fo we know
not whom you mean by enemies ; for we
may think them not fo, therefore appoint a
committee to form articles.

Mr. SoUicit. It is a great mifl:ake to fay.
That the power of the King's-bench to take
bail for treafon, is no other but what is af-
ferted, as if the judges there had only pow-
er from Magna- Charta •, wiien a man is com-
mitted upon fufpicion of treafon, and no
profecution follows, and the party bring-
ing Habeus Corpus, the bench bails him, be-
caufe he fhould not lie there eternally. It
is not be faid the judges bail for treafon ;
feeing no crime is produc'd : For when a
jnan hath been accufed of treafon for coin-
ing falfe money and brought to the bar,
the judges have bailed him not becaufe
they ought, but from that difcretionary
power wherewith the law trufts them, they
may bail if they will, forno other judicature,
but they, can bail in that cafe^ for feeing
imprifonment before trial is only that the
prifoner may be forthcoming, if they fee
there is no danger of efcaping, they may
take bail, for he is a prifoner when bailed,
and the bail is his keeper •, but there are
few cafes of this kind, wherein they will
bail, they have a fundamental power to do
it, placed in them to preferve the rights of

the crown ^, and the Lords will not think
themfelves lels trufted with the rights of
the crown than the King's bench. Yet
though the Lords may bail, they will not
exercife their difcretion, when there is a
probable truth in the impeachment •, fhall
we then refufe this intimation from the
Lords, ■svho faying, becaufe they have not
a particular article of treafon do not fecure,
feem to imply, that if they had, they would,
though they might refufc. The right of
bailing comes not from an imaginary .ip-
prehenfion of the King's fitting there, tho'
fome Kings have fat there in judicature,-
but from their inherent authority of beino-
trufted with the right of the crown : Let
us do then what becomes us, and not let
the impeachment mifcarry upon a mifun-
derftanding, but draw up the article. But
how is it poflible to draw it as an article
which you expeft he fliould be imprifoned
upon .'' for your impeachment is in the na-
ture of an indidment, and muft contain fo
much of certainty as to put him to plead,
that fo he may not demur.

How may it then be circumftantiated, fo
as that he may be put to plead ; if you do
it according to 25 Ed. 3. (for difcovering
the King's fecrets to his enemies is within
that ftatute.) The firft part of the article
is not pleadable, for we muft ftiew how he
adhered to the King's enemies, and we muft
add what the counfel was that he betrayed,
elfe he will deny to plead, and fay, I can
avoid it: Therefore confider v^hat kind of
certainty this article muft have to make him
plead, for theother articles it's enough to fay
them without proving time or place, if the
fads were after the ad of oblivion ; but in
treafon, the matter muft appear in the in-
didment, for he hath liberty not only to
plead not guilty, but to avoid it : There-
fore prepare the article accordingly.

Mr. Vaugh. What is moved is to put
you upon an impoftlble bufinefs, for an ar-
ticle prefented from the Parliament needs

not

236

A C O L L E C

not that certainty, as if it were to be tried
at the King's-bench.

Sir Thomas Litt. It is not for the honour
cf this houfe to recede lb eafily from fuch
a privilege, for befides, the Earl of Straf-
ford's cafe, we have exprefs precedents for,
but none againft us. \Ve have heard that
we iniift have no more impeachments, be-
caufe they are dangerous and tend to rebel-
lion. Confider the Archbifliop of Canter-
bury's cafe. Finch, Ratcliff, and others in
the Long Parliament, and we fliould not
fo eafily part with them. William Deh-

TION OF TRIALS.

Firjl, What can or ought to be done bY'
either Houfe of Parliament is beft know'^'
by the cuftoms and proceedings ot Parlia'
ment in former times ; and it doth appear
by example, that by the courfe of Parlia-
ments the Lords have committed fuch per-
fons as have been generally charged by the
Houfe of Commons for high treafon, to
fafe cufrody, though the particular treafon
hath not been fpecified at the time, of fuch.
charge.

Second, That a , coramit-me^it for high:
treafon in general, is a legal commitment.

pool being commonly reported to be no j and if the party fo committed bring his
true man, (which is a lefs charge than trea- j HabeusCorpus, and the£aufe of.his commit-
fon) defired he might acquit himfelf, and I ment thereupon be returned for high trea-
the Lords required no fpecial matter before '■ fon generally ; he may lawfidly be remand-
they imprifoned him, and afterward he was ,' ed to prifon by the judges upon that re-
turn. ., .,;... .

Third., If before fecuring tlie perfon, the=
fpecial matter of the treafon fhoukl be al-
ledged, it would be a ready courfe that alf
acconiplices in the treafon might make
tlieir cfcape, or quicken the execution of the.
treafon intended,, jo. -fecure themfclves tlief
better there. . ;

j Fourth, If the Houfe of Peers fhould
require the particular treafon to be afllgned.
before the party charged be fecured, they
leave the Commons uncertain and doubtfuk
(and that from time to time- how particular;
they mu ft make their charge to their Lord.-,
fliips fnisfaftion ; before the offenders b?i
put under any. reftraint.. ; .:*.f^ ^c t

Fifth, The Commons conceive, that. if;
they Ihould defire the Lords to fecure a
ftranger, or native Commoner, upon the
fufpicion of treafon, wliich the Commons
had of him, and which was by them under
examination to be evidenced to their Lord-
fliips in due time; their Lordfhips in juf-
tice for the fafety of the King and people,,
would fecure fuch perfon or perlons, upon
the defire of the Commons, and in fuch
cafe there would be no difference between

a Lord.

accufcd more fpecially

Sir Rob. Jtk. In the cafe of Anfelm
Archbifhop of Canterbury, the Commons
accufed him, but the Lords did not com-
mit him, and gave no other reafon for it,
but that he was a great man ; and yet at--
terwards he was condemned as a traitor,'
though the King reduced his punifliment
only to be banifhment. Though a privi-
lege is much fpoken of, yet I fhall never be
fond of any privilege which fhall intrench
upon my liberty as a fubjecS.

Mr. Vaugh. I hear it objefted, that as
you charge a Lord generally, fo may the
Lords a Commoner^ but that cannot be ;
foj the Lords cannot caufe a Commoner to
be committed though for treafon, yvithout
your confent : Therefore put a queltion,
whether a committee fhall be named to draw
up reafons to jultify what you have done.

' Refolved, That the queftion (hall be
put.

Refolved, That a committee fhall draw
reafons,

November i8-.

The Committee brought in tlieir reafons.

A COL LECTIO

a Lord and a Commoner fo defired to be I
fee Li red.

Sixth. The proceedings of inferior courts,
between the King and the fiibjeifi:, or fub-
jeft and fubjeft, and the difcretion of judges
in fuch courts is bounded and limited by
the difcretion of the Parliament whiclitruft-
ed them •, and it is not left to the difcretion
of the judges in ordinary jurifditlion to
give the King, or take from him inconve-
nient power for the fubjeft, nor to difpenfe
the law partially between fubjeifl and fub-
jeft for malice or affeftion -, but the difcre-
tion of the Parliament, which is the whole
public, comprehending the King, Lords
and Commons (for the King's prefence is
fuppofed to be in the Lord's houfe) is, and
ought to be unconfined for the fafety and
prefervation of the whole, which is itfelf

It cannot be malicious to a part of itfelf,
nor affeft more power than already it hath,
which is abfolute over itfelf and part, and
may therefore do for prefervation of itfelf
whatfover is not repugnant to natural juf-
tice.

Mr. Prynn. I like not the firfl; reafon,
becaufe it cannot be called a cuitom, where
only one Parliament hath done it.

Mr. Swinf. The great ftrength lies upon
this firft reafon, and is like to be a prece-
dent •, for exaft precedents I find none, ex-
cept that of Michael Delapool, r,nd in the
Long Parliament : but confider the reafon
why there was no exprels precedent before,
and what was the cuftom of Parliaments
before. The Parliament was wont to pro-
ceed formerly by bill, and thus far that pro-
ceeding makes againft the Lords now, and
for committing the party accufed ; for then
the proceedings upon treafon were by com-
mon-law, and becaufe thejudges could not
proceed, therefore the Parliament went by
bill, and it cannot be fuppofed that the par-
ties were at liberty all that while.

Second, third, fourth, and fifth reafons
voted, fixth read.

Vol. I. No. ii.

N o F T R I A L 5. 237

hh. Soliiii. I am again (l this reafon, not
as a reafon, but unneccefiary ; for if the
former reafon fatisfy not, this will not, be-
caufe it fuppofeth things not in queftion.

Our debate muft at la(i end in this quef-
tion, betwixt privilege of Parliament and
former proceedings ; and there being no
privilege in cafe of treafun, why fliould not
former proceedings fway ? Except we call
that treafon which is nor, for otherwife no
privilege will help.

Therefore add this to your reafon. That
there is no privilege for treafon, and the
Lords ought not to think that the Com-
mons will call that treafon which is not, or
if they do, the Lords may by a fpeedy trial
determine it.

Relolved, " That a conference be de-
fired with the Lords, and the reafons car-
ried up."

November 21.

The Lords fent down to defire a confe-
rence about the fubjed matter of the lafl
conference. But the Commons doubting
that if they fhould confent to it, the Lords
might afterwards refufe a free conference,
becaufe the bufinefs in difpute concerns
judicature, v.?hich belongs to the Lords, and
ib the impeachment generally falls.

Rcfolved, "Tofendananfwer by meflen-
gers of their own, and accordingly did,
with order to acquaint the Lords iiow far
they had proceeded, and they expeded they
fliould rather have defired a free conference."

November 23.

The debate about the freedom of fpeech
in Parliament was refumed.

And the report read of proceeding about
Sir John Elliot, Mr. Holes, &c. 5 Car. i.

Mr. Solicit. Jf you are facisfied that tlie
judgment paffed upon thcni was
two ways you have to be fafe •, by

P p p notice

illegal,
takmg

OLLECTION OF TRIALS.

'not hear him, but was going to leave the

258 A C

noiice of that juJgmcnt, giving your opi-
nion upon it, and carrying it up to the
Lords, that iiKlgnient vvill be utierly dam-
ned, elfe yoLi may proceed by 3(51, but con-
fider then the confcquence : For it you go
by a(5t, you bound the liberty of i'peech,
iinlcli in penning it you prevent it, but an
unknown limitation is better than bound-
ing, for an aftitfcif is fubjecl to expofition,
but your vote, and the Lords concurrence
is not.

Mr. Vaugb. It is not fafe for you to cir-
cumfcribe privileges, therefore that mult
be done which may take away what deitroys
them.

The laws and rights of this kingdom are
rights by common law, or Ad of Parlia-
ment; what is an A(5l of Farlianient, may
be repealed by Parliament ; w hat is com-
mon law may be altered by Parliament, and
whatever is both, may be altered by a new
law •, and how is it podible to do one or the
other, without liberty to fpeak about it ?
And how can there be any inconvience about
freedom of fpeech, about any thing which
cannot be a law, without palling King,
Lords and Commons.

Then it being moved to put the queftion
for confirming that report.

And it being replied that fome pafTages
in that bufinel's, viz, about keeping the
Speaker in the chair were not warrantable,
and fo not to be joined in the queftion with
the reft.

Mr. Vaiigh. That bufinefs which is fo
much talked of, and condemned, I ihall
ftate to you.

The Houfe is to adjourn itfelf, though
fometimes tiie King advifetli them to ad-
journ themfelves, (as then he did) but the
adjournment is always made by a queftion,
and without it the Speaker cannot leave the
chair.

The Speaker acquainting the Houfe then
with the King's meflage, Sir John Llliot
ftood up to ipeak, but the Speaker would

chair, whereupon fome faid, if you go out
without a queftion the Parliament is difiblv-
ed, upon whicli he was leaving the chair j
fome kept him, and told him, if this be a
Houfe, you, as Speaker, have noplace in it
but the chair ; and this was all theiiregu-
larity in that bufinefs fo much talk'd of

Rcfolved, " That the judgment given
againft Sir John Elliot, &c. 5 Car. was an
illegal judgment, and againft the freedom
and privilege of Parliament."

The Lords fent for a prefent conference,
after which .report was made that the Lords
had voted the Commons denyin- them a
conference lately, was contrary to the courfe
of Parliamentary proceedings, and gave
reafons why it was not yet time for a Iree
conference.

November 25.

After debate whereof, it was refolved to
grant them that the Commons agreed to the
conference formerly defired.

At which the Lords declared that they
had conftdered of the precedents and rea-
fons formerly fent them by the Commons,
but were not fatisfied to fecure the Earl of
Clarendon, or to fequefter him from Parlia-
ment, until fome fpecial treafon be afligned.

November 28.

The Commons fent to the Lords to defire
a free conference upon the matter of the
laft conference.

To which the Lords concurring, Mr.
Vaug. Sir Rob. How. Sir Tho. Littl. and
others were appointed to manage it, who
went up immediately to that end.

Mr. Vaug. made report of the conference
with the Lords yefterday to the purpofe
following.

The Lords told us, " That no prece-

dent can be againft the law.

A COLLECTION of

We anfwered,

If that can be made good, we fhall prefs
precedents no more : But what they moft
flood upon was the Petition of Right, where
it is provided that none fliall be committed
without fpeciai caufe, whereby the party
may anfvver according to the law, thence
they infer that our proceedings are againft
law ; becaufe a general charge is againlt the
Petition of Right,

Comwcr.s. l"he cafe of the Petition of
Right, rightly ftated, will clear this, which
was this : Some perfons were committed by
no other warrant, but the King's fpeciai
command, they bring their Habeus Corpus to
the King's- bench to know the caufe •, this
caufe was returned by the judges, that they
could not bail a man, when io committed,
becaufe they knew not the caufe, nor had
any way to bring him to his trial.

Then the Petition of Right, provides that
the caufe fliould be returned, whereby the
crime might appear, and that before and
after the Petition of Right to this day, if
\\^Qnhnngmg-ci Habeus Corpus, it be return-
ed that the party is imprifoncd for treafon,
the judges ought to remand, unlefs there be
fome fpeciai caufe to make them take bail
So that the Petition

of Right

was agamfl

them, for they fty, a man ought not to be
imprifoncd upon a general charge, becaufe
it is againft the Petition of Right : We fay
it is not againft the Petition of Right, be-
caufe the judge may remand the party, if
there be not fpeciai caufe.

Then the Lords faid, " That the rea-
fon why the judges remanded in that cafe
was, becaufe the party committed knew it
was for treafon : Therefore they re-com-
mitted."

We owned it, becaufe it was the rule for
the judges to proceed by, but that v.as no
rule for proceeding of Parliament •, for as
a magiftrate commits for treafon, and is
fuppofed to be acquainted with it j fo alfo
is he with the probability upon the proof :

TRIALS. 239

But the Lords infift not now upon that, but
fpecifie treafon, and if the courfe of Parlia--
ment fo much varied in fuch cafes, that was
no concluding proof, why they fnould have
fpeciai treafon. And for the other part.

That upon the return, there fnould be a
caufe returned, that lb the party might an-
fvver ; for when a return is made, if the
caufe be fuch as that the party ought not
to be imprifoncd, the judges free him ;
otherwil'e they leave him to come to his
trial.

Then to the precedent about the Earl
of Strafford, they replied. That it was
made in bad times. And we anfwered,
That as good laws were made before, in
and after that time as any other ; and if the
Lords then might makefuch laws, we could
not fee, why it iLould be a good time to
make laws, and no good time to adminifter
to perfons the laws already made.

Farther, to their objection, that in the
time whence thofe precedents were brouoht,
there was a tace ot war. We anlwered,
That could not alter the cafe, for the law
calls no time a time of war, t^'Iiilft the courts
of juftice have freedom, as they had when
Strafford, Finch, Canterbury and Ratcliff^
were impeached : And it was ftrange that
in the Parliament-houie there fnould be
fuch a confternation as to make their pro-
ceedings invalid, Vv'hen in other courts there
were none : Befides, in Holland for many
years there was a conftant fcene of war, and
can we imagine that there was not juftice
done at that time.

Then they prefied precedents againft ours,
one 14 hd. 2. againft the Spencers, where a
great man moved the King to con,mit oneof
them, and the King anfwered, " It couki
not be unlefs caufe was lliewed" We re-
plied. This was a precedent like that, a
man was committed, becaufe he was com-
mitted j for there was no allegation of trea-
fon.

Second

Z-\o

A COLLECTION

Second precedent was 38 Hen. 8. againft
Lord Stanhope, the Commons moved the
-King to imprijon him, and the King an-
fwered, " He would confider of it." We
aniwered, that was no deni.d, but a thing
ulual with the King, and that motion v/as
10 the King himlt-lf, which differs from
this cafe, for tliat was not alledged to be
treafon : Bendes, had it been treafon, it was
againft the Kins; himfelf, and beinp- an of-
fence againft himfelf, lie might (if he would)
not imprifon, bccauie he may difcharge a
fiian, or pardon him, tho' for treafon •, but
this cafe is not fo, becaufe the Lords Juftice
is but miniltered to the Kina;.

21 R. 2. Arundell Archbifhop of Can-
terbury, who as they faid was impeached of
treafon, but not committed.

Anftver. The cafe was this. There was
a commifTion iffued out by Ric. 2. That
that Biihop and others fhould regulate
what was amifs by evil government, and
the King was offended at the granting of
it, and at Nottingham fent for the judges,
and charged them upon their allegiance to
give true anfwer to what queftions he fhould
»lk them, and thefirftquetlionwas, " Whe-
ther that commifTion fo granted, was not
invading his prerogative ?" They anfwcred
" Yes," Then he afked " how they ought to
be punifned, who procured it ?" They an-
fwered, " as traitors. In the 2 1 the biihop
is charged by the Commons, and the trea-
fon alledged is. That he had procured him-
felf to be put in the comimifTion

OF TRIALS.

common-law, and till

This being the cafe, we faid, that if a
fad be called treafon, which afterwards ap-
pears to be none, there could be no com-
mitment. For if a man call another man's
coming into his ground treafon, it falls of
iticlf ; therefore the billiop was not com-
mitted.

'J he Lords faid farther. That all thofe
articles were declared to be treafon, which
before could not pofFibly be treafon to com-
mit a man, becaufe the nature of tliem

muft be treafon at
thefe tieafons were declared, which was not
till 21 Ld. 3, they were not trealbn fo as
to imprifon, or try any man for them.

We replied, All that Parliament was
repealed, yet the precedent was the more
authentic. But I think that Lord (it was
the Earl of Bridgewater) underftood not
what he faid, at leaft I did not.

Then about the Earl of Strafford's pre-
cedent, the Lord's faid, that the very im-
peachment was taken away by the A<fl of
this Parliament, becaufe the impeachment
is recited in it. Namely, whereas the Earl
of Strafford was impeached, &c. But every
claufb in that aft of attainder is taken away
now, therefore the impeachment j and you
cannot make ufe of any part of it.

We replied. It is true, the aif of attain-
der is taken away, but the very a6t of re-
peal doth recite that very claule (whereas
Thomas Earl of Strafford was impeached,
&c.) and the adl cannot take away any
thing which ftrengthens its own fuppofi-
tion.

Then the Lords faid, that they fliould
be willing to comply with the Commons,
but that they muft be tender of their own
judicial proceedings.

Commons. It's true they ought, and we
fuppofed that the Lords might be jealous
that we fliould intrench on their power ;
but the Commons were fo far from that,
that they thought the judicial power better
lodged with them than in the Commons
themfelves could be ; but we would open
the objedion.

Their Lordfhips being the Judges in this
cafe might think, that for the Commons to
take upon them to know what was treafon,
would be an affuming to thtrnfe'ves wiiat
was only proper to the Lords, and that it
was fo now in charging the Earl of Claren-
don generally.

Lords. The objedion is right.

I Commons.

A COLLECTION of TRIALS.

241

Commons. For our knowing treafon, we
have many among us who are Jiiftices of
Peace, triifted by law to know and commit
(and if the ParHament be not fitting) even to
commit a Peer himfelf for treafon, and the
knowing; what is treafon is fo far from beinp;
improper to the Houfe of Commons, that
every man in the nation is bound to know
it •, for was it ever known, that ignorance
of the law could ever excufe a man from
breaking the law ? Laws are made to be
known by fubjecT:s, efpccially thofe which
concern the King •, and unlefs they could
find a reafon, why the Parliament embo-
died fhould be more ignorant than particu-
lar perfons, the prefent cafe rauft be clear.
That the jealoufy of the Lords..arofe from
a fallacy thus, the Lords have judicial
power concerning treafon, and muft of ne-
celTity know it-, the Commons have no ju-
dicial power over it, therefore cannot know
it ; that is, becaufe the Commons know
what law is, therefore they have judicial
power over law. To this was not any
thing replied.

Farther, We faid that becaufe they in-
fixed upon to fpecify treafon, becaufe by
committing upon a general, they mioht
wrong the party by committing him with-
out caufe, and becaufe they themflves
were not informed in their confciences what
they did : they would do well to confider
the many inconveniencies which might fol-
low, it the charge of treafon was not gene-
ral, but particular ; and fuppofe it was
fpecial, their Lordfhips would know no
more by it. For fuppofe a man impeached
for counterfeiting the great feal, which is
exprefs trealon, and he may be impeached
for it, yet neither their Lordfliips nor the
party could have any advantage by that
■fpecific.icion, becaufe there might be as
many queltions what is counterfeiting the
gre.u feal, or what is treafon.

For hijiance. One Leak, a Clerk in Chan-
cerv, intending to forge a patent, puts to-

VoL. I. No. II.

gether two pieces of parchment, and had
fitted them, and put them together with
mouth glew, that they appeared as one :
then a grant was written upon the outmoll,
and a feal affixed, fo that the great leal is
put to a true thing ; then he" cuts off the
edges of the parchment, fo as to fever
them, takes otf the written one, and leaves
I the feal on the blank, then forgeth the
' grant and makes uf" of it. This was qucf-
tioned before the Judges, whether 'twas
I treafon or nor, that is, whether counter-
I feiting the great feal or not ? If it were, it
' was treafon, otherwife not. They refolved,
i it was not counterfeiting the great feal, and
i fo not, but mifprifon. And if it iiad been
i treafon, they refolved, that an indidment
j had been enough to impeach him. Then
i iuppofe you have fuch an impeachment be-
fore you for counterfeiting the great feal,
you have fpecial treafon, and imprifon him;
but when it is brought to queftion, it ap-
pears not to be treafon, therefore he is
wrong imprifoned : and if your Lordlliips
will examine what knowledge you have of
this faft, you have no more than if it had
been a general treafon.

Lords. There is a cafe put there, as we
are content to take a fpecial treafon, but
expeft not the proof as there it was.

Commons. If it were a cafe put, fo is your
Lordfhips reply, for it was put ex conceffo,
becaufe you agreed that if the treafon was
fpecial, the party whs to be committed,
and this cafe was to fiiew their Lordlliips,
ihey were in no better cafe then, than if
the treafon were general.

But the Lords'fiiil prefTing that the im-
peachment itfelf of the Larl of Strafford
was repealed in the A<5t about him.

Commons. We reply'd, one part of the
Aft ought to be feve;ed from tiie other,
and that which is without exception fliall
ftand, though the other be taken -away:
For, fuppofe a man j rofecutes in a Court
of Jufiice, for what he apprehends to be
Q^q q his

242 A C O L L E C T I O

his right, and yet the caufe goes againft |
him, and he haih no cfFeft of his iuit •,
atterward the party (being an evil nninded
man, and thinking to reach his ends) |
forgeth a deed, or fuborns witneffes, and j
then begins a fuit in Ibme other Court, and
by thole ways attains his ends. Then a
bill comes before this Parliament to reverfe
the judgment, reciting that fach a perlbn
hath been a fu bonier of witnefies, &c. f'o,
and lb, and therefore the judgment is made
void ; certainly tlio' this perlbn is named
to be an evil-minded pcrfon, yet this lays
no blemifli on his firlt proceedings. So
that it appears by the Ad, that the pro-
ceedings againll the Earl of Strafford were
legal at firff, if thofe afterwards, when the
times became tumultuous, were not, it is
Dot to be applied to what was well done
and legal : Then we told them that we had
prefTed them with four precedents, and to
three of them nothing was replied.

Lords. They anfwered, the reafon why
nay Lord Finch was committed, was be-
caufc of his flight.

Ccmnions. Pie was fled before the im-
peachment ; but it was ordered. That he
jhould be committed when found.

Then we told them. That we mufl re-
port to them, that be the treafon what it
would, we could not go to the Lords to
have it puniilied without that difadvantage,
wh'ch the publifhing the treafon before-
hand would expofe us to by making of
uitncfTes, efcaping of parties, and the like ;
then bid them confuler, wliether if we
fliould lay before them a treafon in every
thine circumi1:anced as Gun Powder-Trea-
Ibn, they would not imprifon the party till
the whole mater was opened.

Lords. They anfwered to hear that cafe
put, for in matter of ftate, other cour-
I'cs are to be taken, and they could fee no
inconveniency in publifliing that to the
Lords, which mufl be publiflied before
400 in the Houfe of Commons.

N OF TRIALS.

Commons. The Commons may proceed
with what fccrecy or openefs they pleafe,
and the Lords are not to take notice of
their proceedings, whether open or fecret.

I'arther, That by a matter of ftate mull
be underftood, when a Parliament is not
fitting, and we know not whither to refort,
but when a Parliament is particularly called
to prevent the mifchiefs threatening the
kingdom, if that be not capable of re-
medying, no othtr council could, or we
are not bound to rcibrt to that, we are ex-
cluded from that to which we ought to
refort.

Lords. That the Lords bid us take heed
of the liberty of the fubjefts, to which they
are now fain to have regard, bitiding us
confider the BilTiop of Canterbury's long
imprilbnment, without knowing the caule^
and they muft fiitisfy their conlciences, left
they fhould commit for treafon, and it not
prov'd fo.

Commons. It appears not that the Bifhop
of Canterbury fhould have lain lefs time,_
had the impeachment been fpecial ; and
for the liberty of the fubjedlr, we know not
how a fubjecfl fliould have more liberty by.
fpecial matter, than general ; ipecial being
but adding a formal title, and the fubject
goes to prifon, as well for the one as the
other.

For their confciences. Suppofe a per-
fon accufed generally, they are then to
know whether it be treafon, and is not it
as much that they commit art innocent
pcrfon ? So as if the matter was fpecial.

December 2.

The Lords fent down a meffage to the
Commons by two Judges to this effedf,
" That upon the report made to them of
the laft free conference, they are not fatif-
fied to commit or fcqueflier from Parliament
the Earl of Clarendon without the particular

treafon

A COLLECTIO

treafon be mentioned or affigncd •," who [
being withdrawn.

Lord T erring. (General M cks fon) '

Moved not to part with any privileges of
the Commons of England, but adhere to
the general in"i[)eachmcnt.

Sir Rob. Houj. The matter before us is
of as great concernm_'nt as ever came
before us, if there fiiould be malice fup-
pofed in a nation againll itfrlf-, it might
be exercifcd by giving a particular charge,
as well as a general, many or the Lords are
convinced by the reafons we gave, and
concur,. thinking our precedeiits goo^, and
have entered their proteitation in the Lords
houle, aflerting the rights of the Coinm.ons
of England to impeac i generally : So that
(excepting the ipiritual Lords) I" think I
may lay the major parr of the Lords are for
us ;. and fliould we give up this, we may
be wrefted out of all right, and the Com-
mons have no way to proceed to an im-
peachment, but fome men to be fo great,
as not to be fairly reached. Therefore
adhere..

Mr. I'Vr.ll. The Lords are a noble eflate,
but whatever the matter is, they have of
late iome advice given them, which makes ;
them proceed as they never did yet; for
icarce any thing happens betwixt us,, but
they incroach upon us. The militia is now
as burthenfome to the fifty pound man in
the country, almoft as all other taxe.e, and
the Lords have gotten this advantage of us,
that they touch not the burthen of it with
their finger: So in time of the plague, the
Commons muft be fnut up, but not they,
infomuch that a good aft provicied to that
purpofe palled not ; we impeached the
Lord Mordant, and could not brmg him
to the b.ir (though formerly I have known
an Earl and a Lord brought thither) you
dcfircd a free conference about it, but
could not obtain one to this day. Rom*-
was at hrff modrft, and only meddled with
fpirituals, but afterwards co.acerned them-

N o F T R I A L S. 243

felves fo much with other matter^, that
every thing was almoft made to be in
Ordine ad Spiritualia, and many kingdoms
ther^'upon break from them. The Lords
now infift upon one thing, becaufe they fay
'tis in order to their judicature, perhaps
hereafter they will tell us we mulf come to
them on our knees, becaufe it is in order
to their judgment. Confider therefore
whether there be any hope of giving them
fatisfadion ; then whether you will adhere,
and vvhat you will do afterwards ;. for the
prefent my motion is to adhere.

Mr. Vaugh. It is truly f^nd, the bufinefs-
before you feems to be as great as hath
been in Parliament; many of the confe-
quences being invifible, therefore before
you refolve what to do take the v/holc
matter before you.

The difference between the Lords ancL
us, is upon a general impeachment of trea-
fon ; the Lords after a free conference, fay,
they will not commit unlefs fpecial treafon
be mentioned or affigned, thofe whom you
employed to manage the conference w^re
very uni'/illing to difier with them, but it
feems it hath produced nothing, and I have
nothing to make me believe, but that the
reafon is, that the Lords were refolvcd
(fay what we would) not to be fatisfied •,
for 1 know nothing which they o-fFered, but
,t was fully anfwered, nor any thing left,
undone to fatisfy them if they would have
been fatisfied -, what I have to fay uow is to
clear fdmething which the Lords may make
much found of.

When we urged precedents, and made
them our principal reafon, we told them,
the way to decide what was in difference
betwixt the houfes, is, the ufage of Par-
liaments; but to our precedents we re-
ceived no full anfwer.

Then the Lords uled this reafon, name-
ly, that they cared not for precedents, be-
caufe it was againil tlie cxpreis law of the
la.nd, .

1 .anfwered

244

A COLLECTI

I anfwered them, we would join with
tfl'-m, it they could fliew law againft it,
and expected what they would anlwer, but
heard nothing: Much dilcourfe there was,
without application, of the great charier,
and of a llatute of 28th of Euw. Ill but
not applied ; fo that I thought law in a
Lord's mouth, was like a fword in a lady's
hand, the fword might be there, but when
it comes to cut, it would be awkward and
ufelefs.

But I hear fince, that their meaning was
this'(which mull be cleared by mentioning
fome laws) that by Magna Charta, it is
provided, " That no man fhall be taken
or imprifoned, or condemned, but by the
law;" and thence they infer, That no man
may be imprifoned, but it muft be by his
Peers, or by the law of the land.

Again, 5th of Edw. III. No woman
fiiall be attached upon accufation, or be
adjudged of life or limb, but according to
the law.

25thof Edw. III. No man fhall be taken
by a petition to the King or his council,
unlefs by indiftment of lawful pa)ple, or
by procefs of writ at common law, and
(fay they) this cafe is to none of thefe.

28th of Edw. 111. No man fhall be im-
prifoned without due procefs according to
the old law of the land : But this cafe
being neither by prefentment nor indid-
ment, the l<ords would not ftand upon our
precedents, but relied on this, as if it were
enough in bar of all our precedents.

Therefore to open this, and the danger
of the confequence, there are in the land
many different laws, and proceedings in
thefe laws, and imprifonment upon them ;
and yet not one of them by prefentment,
indiftment, or trial by peers, though the
Lords thought this was the law and there
■was no other,

I. It is known that the crown -law, or
prerogative, is diflinct law from that be-
tween party and party.

ON or TRIALS.

2. Tliere is the law and cuftcm of Parlia-
ment, called a law, ab omnibus qu^erenda, a
muhis ignorata, & a paiicis ccgnita.

3. Then the canon-Jaw, (and it is much
the Bifliops forgot that) and there is no-
thing in that law, more than ftanding in
a white fheer, which proceeds not by in-
didment or prefentment, yet there is impri-
fonment even in that law.

4. There is the law of admiralty, and
the articles of Oleron, where there is pro-
ceedings of another nature, and by impri-
fonment. •

5. The law ofmerchants, or of the flaple.

6. The law of arms, where is impri-
fonment and death, and yet different pro-
ceedings from the common-law in the great
charter : Now no man thinks that all tnofe
courles of proceedings are taken away by
the common law, and it is grofs ignorance
to think it.

7. The law of the forrefl, which is moft
different : fo that to urge Magna Charta
to this purpofe, as if all proceedings in
thofe cafes muil be according to the com-
mon-law, is abfurd.

Then there are divers writs in the
Rcgifter.

One, When a man hath received the
King's money to ferve him, and went not,
then there is a writ to arreft him upon a
certificate from the captain under whom he
was to ferve.

Then the ordinary writ, which belongs
to the law ecclefialtic, de excommunicato
capiendo.

Another, de Jpoftata Capiendo, to re-
cover a regular run away from his convent.

Another, caUcd ne extat Regno, to im-
prifon a man, who will not give fecurity
not to go out of the kingdom, and this is
not traverfable any where, becaufe it fug-
gefts that he will machinate iomewhat
hurtful to the kingdom, and upon that
fuggertion he is imprifoned.

Another, when a man hath a leprofy.

Another,

A COLLECTIO
Another, to burn hereticks, which con-

ccrn'd the bii'hops alio, if ihey had pleas'd

to think of it.

Thel'e proceedings are no way agreeable

to thofe mentioned in the common-law.
Then confider how this rtfolution of tlie

Lords ftri'.ses at the law of Parliaments.

1. It is certain that ..11 imprilbnment
by Parliament is not by prefcntment, in-
dictment, &c. So that by this means that
power is taken away.

2. Contempt againft pavliamjentary au-
thorit;.', whofocver he is to appear before
them, and difobeys them, they may im-
prilbn him in the Tower, and yet it is not
asaind Maana Charca.

Whither therefore tends this ?

The conclufion muft be, that no im-
peachment by the Commons mult go on,
unlefs it be by prefcntment, and fo there
is an end of all that, for which the Parlia-
ment is principally cal'ed, unlefs we are
part of tiiofe 500 contemptible ones, who
are only fit to give money: That may be
referved for us, but nothing clfe -, tho' 23
Ed. 3. faith, " for redrefs of grievances in
the kingdom a Parliament diall be called
every ye.ir. I would know which way we
(hculd redrefs abufes, if we are fo far trom
remedying in Parliament, that we muft be
fhut out to the common courfes in other
courts ?

Obj. The Lords may fay, if you find
the Itatutes broken, and fnort, you fliall
have nea-.

AnJ--di. And when thefe new ones are
broken, then we fliall have a remedy ; lb
rii'e up remedy, and go to the remedy, ad
infinitum^ f^r there is no more reafon to
think that a Vecond law Oiall be maintained
more than the firil, and what way a mif-
chief fliall be redreifed, other than by Par-
liament, 1 know not.

So that by this refolution of the Lords,
and denying to commit upon this ground

Vol. 1. No. 11.

N OF T R I A L S. 245

(for they fliew'd no other) every thing for
which a Parliament is ufeful is denied us.

After all this come to the very cafe.

It a treafon be committed, and the fame
is that A. B. is guilty uf it, it is lawful to
apprehend him for it. If a hue and cry
purfue a nian, tho' he be not ot evil fame,
yet he may lawfully be imp-rifoned : If ic
proves falle, he hath his remedy ; but that
oblfrutfls not the law to bring him to trial.
Any watchman may arreft a night-walker,
and hath a warrant in law for it, and this
is as good procefs in law, as any Original
writ.

And after all this, confider with what
kind of colour, when there are weighty
reafons why we fhoukl not mention fpecial
treaibn, and that mentioning it generally,
anfwers the petition of right, the whole
Commons of Fngland (who are in no
\ degree reprefented by the Lords, they only
reprefent their own perfons) fliould be
I denied the fecuring a perlbn impeached,
unlefs a particular charge be given, how
prejudicial foever to the kingdom.

Another thing, there is no right which a
man hath in this land, or any part of the
world, but his right is fuch, that if it be
kept from him, he hath a means to come
to it, otherways it is dammini fnie injuria ;
for where the law gives no remedy, there
is but a fuppofition of right : By the fjme
rneafure it will follow, that there is-no civil
wrong can be done to any man, but the
law provides a remedy, if that wrong be
done •, and if by the law there is no re-
medy, it is no wrong, confider then this
cafe.

There are in this kingdom in the civil
ftate of it, three eflates, which the King
hath then in making laws : There are three
eftates, whereof the King is principal ;
fometimes they are mentioned as the King's
three eflates, and he none of them : The
eftates in general are, the Commons of the
kingdom, (who are perfedly reprefented
R r r in

24^ A COLLECT

in this Houfe) the Lords anothc-, and the
King ano'.hi-r ; and thefe are fuch, that
there is no petitory aftion, nor the laws
direfted to any one of them, but the laws
you make, are to dillributejuftice in other
courts.

For inftance. If all the Commons of
England (who areoneof theeftates) fliould
accule one of themfelvcs, the party can
have no wrong, becaufe the Parliament can
have no aftion brought againft them, nor
can they be fuppofed to do any thing for
malice.

It is the fame between the body of the
Lords and Commor^j^-, and there is no law
either to vindicate the one or the other ;
but they ftand as if there were no comm.u-
nicable law betwixt ihem; but the meafure
between them is that which is good for the
uiiole ; for they are the makers of the
laws for others, but no laws can be fancied
to reach tiie whole of the Commons, or of
the Lords.

So that 'tis eafily to be feen, how it hath
been put upon us ; fo that now we are in
fuch a cafe, we know not to what end we
fhall proceed upon this or any other im-
peachment ; for by this judicial power,
you fliall be excluded from any proceed-
ings by laws of Parliaments, and fo you
take away the whole right of the king-
dom.

^left. But now what fhall you do ?

Aiifw. 1 fee many inconveniencies which
may happen both ways, but I fee fo many
this way, that if any man gave fuch coun
fcl as is charged upon the Earl of Claren-
don, it is not fo dangercii as the cafe
before you j for the inconveniencies attend-
ing that counfcl would quickly flicw itfelf
by the mifery following : But tliis is a fmall
•thing begun with, which, like a canker,
'may eat till it be uncurable, and that is as
ablolutely julliifiable as this.

And now I have faid this, I am per-
plexed what to fay more, for all can bear

ION OF TRIALS.

me v/itnefs, what refpeft I have endea-
voured to preferve to the Houlc of Peers,
but I am fo fenfibie of this, tliat though I
cannot forget my refpe6t to them, yet I
muft lament the condition into which they
have brought themfelves firft, and us next,
for they cannot think to avoid it.

Tlie Houfe of Peers is but a new ftile,
called fo, as jurors are called peers, from
the word par ; for every commoner hath
his peers as Lords have ; and the whole
ftile formerly was Archbifhops, Bifhops,
Dukes, &c. But/)^;YJ regni is a new ftile.
It is called the Upper Houfe, and is to be
looked upon with reverence. The Lords
have a jurifdiftion ; but in this cafe, I muft
be plain, their granted jurildiftion arileth
from the Houfe of Commons -, if you im-
peach not there, your judicial power will
be very little. If a Lord be to be tried for
treafon, the Lords are but his jurors-, and
though they try him upon honour, n./t
upon oath, yet the^ are no more his triers,,
than as out of Parliamient : The Judge of
treafon in the Lords Houfe, is conftituted
by the King, as a Lord High Steward,
and is no other Judge, therefore I know
not the judicature they fpeak fo much of.

There is another for writs of error, which
are there determined, but the jurifdiction
of that is, very little, for the inconveniency
of the Lords determining what could not
be determined in other courts, is fo found
out 25th of Eliz. They are to be brought
lirft into the Exchequer Chamber.

There is another way when perfons carry
complaints to the Lords, which is a
queltion, for commoners ought not ta
cvry complaints there, except in fome
cafes from Chancery j therefore this matter
of jurifdidion, which they talk of, is not
fucfi a wonderful thing as they would make
it.

Therefore whatever we Hiall do after ir,
your rights being fo much concerned, that
you know not wl.cre the ftay will be, it is

nectOaiy

A COLLECTIO

necefiary that you make a committee to
draw up a proteftation to be made by this
Houle concerning this matter, the invafion
of your right in it, anJ the danger to the
kincrdom by it.

iVIr. Culem. The Lords fay, That com-
mitting upon a general impeachment is
againll law, and I think it will appear fo-,
I deny nor, but a fuittimus without fpecial
caulc is lcp;a), and grounded upon the
Petition of Right, th.e reafon of which is to
fecure men againft commitment by a fpecial
warranr, and a Judge ought not to dif-
charge where treafon is alledged, but in
this cafe it is different : The Tudoes cannot
dikharge a man committed aftet exami-
nation,, but the Lords ought not to commit
a man, except there be particular tieafon.

If I come befere a Juitice of Peace, and
fay, I accufe this man of treafon, will any
wife man commit him ? He makes his
warrant indeed, but he that accufeih muft
go farther and make it more particular, and
ihe Ipecial martcr mull appear before he
commits, and this is the prefcnt cafe.

7"he Common Law is, That no man
ought to be committed without particular
caufe v becaule no man can commit in
capital matters, without taking exami-
nation before hand, otherwile no man can
jullify a commitment : Therefore I am not
fatisfied that the Lords had not reafon to
deny. The Commons are in the nature of
a Grand Jury to preienr, but the Lords are
the Judges : Cornmifment is not the judg-
ment but in order to it, and the Lords
have a difLretionary power in the cafe :
The Lords lay nut that they will not com-
mit, but that they are not fatisfied to do
it without fpecial matter, therefore we
ought to fend it up.

Sir Rob. Hew. I have attended the rea-
fons given againft making a proteftation,
and whatever is faid, is but levelling a
tloulc of Commons with every private ac-
CLifcr; a Juftice of Peace (^it is hid) muft

N OF T R I A L S. 247

have evidence before he commit, and this
Houfe has had inducements to impeach,
and may not a Houfe of Commons judge
what is treafon as well as a Juftice of
Peace .''

The inconveniences and dangers laid
before you, if you proceed, are nothing in
comparifon of thofe on tiie other fide.

Had the Lords imprifoned, they had
before this had the parcicufir chaige, and
the proteftation is not to ftop it, but to
make way for it idme other way; for it
v^ill refolve into a remonftrance, by which
you may give the nation an account of your
proceedings to come to a trial of this
bufinefs.

Mr. Vnugh. By the proteftation fpoken
cf, is meant to preferve the rights of this
Houfe upon the whole matter, and to give
the reafons of your proceedings.

Sir Ibo. Meers, What is faid, not being
explained ; I know not what is meant by
the proteftation, if it be but to enter it into
our books, I am not againll it ; if it be an
appeal to the nation, pray confidcr what
you do.

Mr. Veugh.. This way of proteftation
differs from entering in our books,, b.ur the
beft way is to draw it up, and to bring it
to you, and then any man may take ex-
ceptions againft it; for the meaning is,
thilt this Houfe claims its rights.

Mr. Garraiv. Fiift itiake your protefta-
tion, and then appeal to the King.

Mr. Vaugb. None can furmize that you.
mean an appeal to the people by what is
moved, for what is done, muft be done to foms
part of the Parliament; the King, Lords,
or yourfelvcs : And they wlio fpeak of it (if
it were done with evil intent) dcferve to be
called to the bar ;. when it is brought before
you for your approbation, you may either
retain, or reject it.

Sir IValt. I'oung. I defre that the Houfe
may know before hand to whom they are

2.4:^.

A C .0 L L E C T I N o F TRIAL S,

to -rem or. II rate, and on what ground, and
therefore to, adjourn their debate now.

Mr. 'Trcv. V/liat appeal you make ought
to be to the King, but bring it in hither
and give it what name you pleale.

Sir Rob. Alk. As I would be tender of
your privileges, io, of giving offence to the
Lords, therefore we (hall endeavour to be
unanimous in this Houfe ; a proteftation
is named, I am a ftranger to it, and would
underftand clearly what it is before we do
it ; that it is a. courts warranted by prece-
dents and proceedings of Parliaments, con- j
fidering what an effect it hath had in late
times,, therefore we may do well to adjourn
tiic debate and confider of it. i

Sir Thp. Lii. This protefuuion will be!
like that in the Lord M-aynard"s cafe, but ;
Ibmewhat longer, and ought to go no far-
tlier than to one of the citates, and be kept
within the walls.

Mr. S-ivinf. You fent up a charge to the
Lords in general, dcfiring that the Earl of
Clarendon fliould be fecured, and in con ■
yenient time you v;ould fend up articles •,
"from that time it hatli not been done, and
the Lords have pailed feveral votes about
it fince, but yo,u have not pafTed one.

Firft they voted, that they had not com-
plied with your defires for want of particu-
lar treafon ; then you give them reaibns,
xiiey are notfatisfied v/ith them •. then a free
conference, they are ftill unfatisfied -, and
all this while you have not conie to any
vefolution ; lb that till you^come to a vote,
no man knows but that you are fatisfied
with their anfwer -, for when the matter of
tlie proteftation is brought in, we Ihall not
be ready for it till we iiave refolvcd, that
what the Lords infifl on, is an obftruftion
of juitice, and you cannot agree v,'ith them
without great inconvenience to the nation ;
'Thereforeput a queibon, "That the Lords,
net having agreed to fecure the Earl of
Clarendon upon the general impeachment,
:JT(ave obftruded the public jullicc of the

kingdom in proceedings of Parliament, and
is of d iPgcrous confequence :" This is nc-
ceffary, becaufe the Lords have heard no-
thing from you, but endeavour to fatisfy
them.

Sir

Jctn Good. Th.s queftion will be
a greater acculation of the v.hole Houie
of Lo:-.i,E, than the other is of the Eatl of
Clarendon. It you will go by way of pro-
teftation, and keep it within your own
walls, I like it better than this queftion.

Sir Rob. Iloza The putting this queftion
is no charge upon the Houle of Lords •,
and therefore if that gentleman thinks it fo
o-reat an one^ fiire he thinks the charge
againft the Earl of Clarendon to be a very
fmall one. Is there any obftrufdon to jui-
tice ? If not, why do we not comply ? If
there be, we cannot it fcems complain
without charging the Lords. Keeping it
within your own walls^ ii but like a man
when he is alone, muttering arguments to
himfelf, and commending himl'tlf for it.
If you mtet with any obftrudions, pray
firft put the queftion, whether vou are ob-
ftru£ted.

Sir Rcb. .^tk. It is no light matter to
charge theLords with obftruiSting juftice ;
therefore the thing being new, pray adjourn
it till to-morrov/, that we may be more of
one mind.

Then the queftion was ftated, namely,
Tiiat .the Lords not' having complied
with the defire of the Commons in commit-
ting the Earl of Clarendon, and fcqueftring
him from Parliament upon the mipiach-
ment from this Houfe, is an obftrudion to
the public juftice of the kingdom, and is a
precedent of evil and dangerous confe-
quence.

Reiblvcd, That the queftion be pur.
And being pur, relblved in the alfirma-
tive.

Refolved, That a committee be appoint-
ed to draw up a declaration to vindicate the
proceedings of this Houfe.

Dccenv

A COLLECT

December 3.

A meiTage from the Lords by twojudges,
that they have received a large petition
from the Earl of Clarendon, which inti-
mates that he is withdrawn.

Sir Iho. tompk. Moved to take care to
get the fea-ports ftopt.

Sir Tho. Lit. I believe he is nov/ paft
ftopping, but we fhould do ir, though it
have no effed -, left it look as though we
would have him efcape.

Sir Rob. How. The Lords feem now
miftaken in their opinion at the conference
they faid there was no fear of his running
away ; and in our Houfe it hath been jefted
that he was not like to ride poft. Befides
the exprefiion in the mefiage is (withdrawn)
which may be an inward chamber, therefore
it is fit to defireto fee the petition, and com-
mand fome members to prepare fomething
to vindicate yourfelves in difcharge of your
duty.

Mr. Seym. You cannot take notice to the
Lords of the petition, unlefs they think
good to communicate it to you, but make
the declaration.

Mr, Vaugh. I look upon what the Lords
fay as doubtful, therefore beware left you
do fomething milhecoming you. They on-
ly fay, that he is withdrawn, but not what
is his petition ; for the laying that he is
withdrawn, is not the matter of a petition.

Perhaps he is gone

mcffage feems light.

mto
and

the country, the

you are to take
no notice of it. If it be of moment, and
they think us concerned, they flaould let us
know it ; and I cannot think fo of the
Lords, that they would ufe that word, if
he were fled ; therefore fend a mefl^age, to
know whether fled or withdrawn.

M.r. Sol. Gen. When a delinquent figni-
fies to his judges, that he is withdrawn, it
cannot fignify any thing, but that he is
withdrawn from their judgment. None but
a madman will tell them mat he is fled.

Vol. I No. 11.

I O N o F T R I A L S. 249

fearing what may follow ; it would be well
if their care would prevent his flying, but
you cannot anfwer ir, if you hear they do
nothing, and fo feem to fay, fare him
well.

Upon all which motions, Ordered,
That Sir The. Cliflbrd, (comptroller of
the King's houlhold) be fcnt to the King,
to defue the ports may be flopped.

December 4.

The Lord Firzharding makes report from
the King, that the melFage for ftopping
the ports being delivered him, he had taken
care accordingly.

A meflage from the Lords to defire a
fpeedy conference :

From which Mr. Solicitor reports.

We attended the Lords at the confe-
rence, which was delivered by the Duke
of Buck, who faid to this purpofe :

That the Lords had commanded him to
deliver to us that fcandalous and feditioiis
paper fcnt from the Earl of Clarendon, de>-
firing us to prefent it to you ; and to defire
you in convenient time to fend it to them
again, for it had a ftile which they were in
love with, and defired to keep it.

Which faid paper was read, and is as
follows, viz.

To the Right Honourable the Lords Spi-
ritual and Temporal, in Parliament af-
fembled, the humble Petition and Ad-
drefs of Edward Earl of Clarendon.

May it pleafe your Lordfliips,

I Cannot exprefsthe unfupportable trouble
and grief of mind, I fuftain under the

to'

ihenfion

apprelienlion of being mifreprefented to
you Lordfliips, and when I hear how much
of your Lordfliips time hath beenfpent up-
on the mention of me, as it is attended with
more public corifequences, and of the dif-
S i £ fcrcnces

250 A C O L L E C T I O N

ftrences of opinion which have already, I
or may probably arife between your Lord-
ihips and the Honourable Houfe ot Com-
mons •, whereby the great. and weighty af-
fairs of the kingdom may be obftrutled in
the tiuKof fo general a diflatisfadtion,

I am very unfortunate to find myfelf to
fufferfomuch under two very difadvanta-
gsous rel^eftions, which are in no degree ap-
plicable to me.

The firft from the greatnefs of my eftate
and fortune, colleflied and made in lb tew
years, which if it be proportionable to what
is reported, may very reaibnably caufe my
integrity to be fufpefted.

1'he fecond, 1 hat I have been the fole
manager and chief miniiler in all the tran-
faftions of ftaic fince the King's return in-
to England, to Auguft laft, and therefore
that ail mifcarriages and misfortunes ought
to be imputed to me and my counfels.

Concerning my eftate, your Lordfliips
will not believe, that after malice and envy,
hath beenfoinquifitiveand fo fharp fighted,
I will offer any thing to your Lordfhips,
but what is exaftly true ; and I do affure
your Lordfhips in the firil place, That
(excepting from the King's bounty) I have
never received nor taken one penny but
what was generally underftood to be the.
juft lawful pcrciuilites of my office, by the
ccnftant pradlice of the beic times, which I
did of my own judgment conceive to be
that of my Lord Coventry, and my Lord
Elfmore ; the practice of which I conftant-
ly obfervcd, although the office in both
their times was lawfully worth double to
v4iat it w;as to me, and 1 believe now i?.

That all the courtefies and favours which
I have been able to obtain from the. King
for other perfons in church or ftate, or in
Weftminfter-hall, have nevex been worth
me five pounds ; fo that your Lordfhips
may be confident I am as innocent from
corruption as from any difloyal thought,
v.lyith after near thirty years fcrvice ot the

OP TRIAL

crown, in fome diOiculties and diftrelTcs, I
did never expeft would be objected to m<i
in my age.

And 1 do aflure your Lordfhips, and
(hall niake it very manifeft, that the feve-
ral lums of mojiey, and fome parcels of
land, which his Majefty hath bountifully
beftowed upon me fince his return intQ
England, are v;orch more than all that i
have amounts unto •, fo far I am from ad-
vancing my eftate by indirc6l means ; and
though this bounty of his hath very far ex-
ceeded my merit, or my expeftation, yet
fome others hath been as fortunate at leali
in the fame bounty who had as fmall pre-
tences to it, and have no great reafon to
envy my condition..

Concerning the other imputation of t!;e
credit and power of being chiefcil minifter,-
and fo caufing all to be done that I had a
mind to ; I have no more to fay, than that
1 had the good fortune to lerve a mafter of
a very great judgment and underllanding,
and be always join'd with perfons of .great
ability andexperience, without v/hofe advice
and concurrence; never any thing hath been
done.

Before his Majefty's coming intoEngland,
he was conftancly attended by the then
Marquifs of Orraond, the late 1 .orxl Cul-
peper, and Mr. Secretary Nicholas, who
were equally trufted with myfelf, and with-
out whofe joint advice and concurrence,
when they were allprefent (as fbmeof thena
always were) I never gave any counfcl. As
foon as itpleafed God to bring his Majefty
into England, he eftablifhed. his Privy-
council, and ihortly, out of thein he chole
a number of . honourable p^ribns of great
reputation, (who for the moft part are ftill
alive) as a comnjitte for foreign affairs, and
eonfidtration of luch things.as in the.nature .
of them required m.uch fccrecy, and with
thefc perfons he vouchfated to join me c
And 1 am confident this committee never
tranfafted any thing of moment (his Mar

•jefty^

A COLLECTIO

.jefty being always prefent) without ppefent-
ing the lame firft to the council-board ; and
I muil appeal to them concerning my
carriage, and whether we were not ail of
.one mind, in matters, of importance.

For more than two years I never knew
any differences in the councils, or that there
were any complaints in the kingdom, which
I wholly impute to his Majelty's great
wiidom, and the entire concurrence of his
counfcllors, without the vanity of afluming
any thing to myfelf ; and therefore I hope
I Ihail not be fingly charged v/ith any thing
that hath fince fallen outamiis. But from
the time Mr. Secretary Niciiolas was re-
moved from his place, there were great al-
terations ; and whofoever knew any thing
ot the court and councils, know well how
much my credit hath fince that time been
diminiilied, though his Majelty gracioufly
vouchlafed ftill to hear my advice in the
moll of iiis affairs •, nor hath there been
from iliat time to this, above one or two
perfons brought to the council, or preferred
to any confiderable office in the court, who
have been of my intimate acquaintance, or
fufpeitcd to have any kindnefs for me ; and
molt of them, moft notoriauily known to
h;ive been very long my enemies, and of
different judgment and principles from me,
both in church and ftate, and have taken
all opportunities to leiTen my credit with
the King, and with all other perfons, by
mifreprelenting and mifreporting all that I
faid'or did, and perfuading men I have
done them fome prejudice with his Majefty,
or croffed them in iome of their pretenfions.
Though his iVlajelty's goodnefs and juftnefs
was.fgch, that it made litlle impreffion up-
on him.

In my .humble opinion, tiic great misfor-
tunes ot the kingdom have proceeded from
the war, to which it is notoriuufly known
thai I was always .moll avcrle, and mav
wJtliout vanity lay, I did not only fort-He,
but declare the milchii-fs we Ihoukl run in-

N OF TRIALS. 251

to, by entering into a war, before any al-
liances made with the neighbouring princes.
And that it may not be imputed to his iVIa-
lefty's w.mt of care, or tlie neghgenve of
his counfcUors, that no luch alliances were
entered into, 1 mull take the bold nefs to fay,
his Majefty left nothing uii^ttempttci in or-
der thereunto ; and kno.ving very well, .
that France relolved to begin a war upon
Spain, as foon as his Catholic Majefty
(lioukl depart this world, which being,
much fooner expected by them, they had
in the two winters before been at great
charges in providing in providing plentiful
magazines of all provifions upon the fron-
tiers, that they might be ready for the war,
his Majefty uled all polTible means to pre-
pare and difpofe the Spaniard with that ap-
prehenfion, offering his friendfhip to that"
degree, as might be for the benefit and fe-
curity of both crowns.

But Spain flattering itfelf, that France
would not break with them, at leaft, that
they would not give them any caufe by ad-
miniilring matter of jealoufy t) them, never
made any real approach towards a friend-
fhip with his M.)jcftv, but, both by their
ambaftadors here, and to .his Majcfty's am-
baffadcr at Madrid, always perfilled, as
preliminaries, upon the giving up of Dun-
kirk, Tangier, and Jamaica.

Though France had an ambaffidor here, ,
to whom a proje(^t of a treaty was offered,
and the Lord Hollis, his Majefty's ambafia-
dor at Paris, uied all endeavours to purfue
and profecute tjie- laid treaty, yet it was
quickly dlicerned, that the principle defign
of France was to draw his Majefty into fuch
a nearer alliance as might advance their de- •
fign •, without which, they had no mind
to enter jnto the treaty propolcd..

And this was the llate of affairs when the
war was entered into with the Dutch, from
vvijiich time, neither cto'An. much Vonlidercd
tlie making any alliance with. England.

25^

A COLLECTION of TRIALS.

reviling all

turning all things ferious

As I did fioni my foul abhor the enter-
ing into this war, fo I prefumed never to
give any advice or counlel for the way of
managing it, but by oppofing many pro-
pofiiioiis, which Teemed to the late Lord
'I'realurer and rnyfelf to be unreafonable,
35 the payment of the feair/jn by tickets,
and many other particulars which added to
the expence.

My enem.ies took all occafions to enveigh
againft me, and making their friendlliip
wit!', others out of the council, of m>jre li-
centious principles, and who knew well
enough how much I diflikcd and complain-
ed of ^;he liberty they took to themfclves of
councils and counfeHors, and
and lacred into
ridicule. They took all ways imaginable
to render me ungrateful to all forts of men,
(whom I fliali be compelled to name in
my defence) perluading thole that milcarried
in any of dieir defigns, that it was tiie Chan-
cellor's doing •, whereof, I never knew any
thing. .However, they could not withdraw
the King's favour from me, who was ftill
pleafed to ufe my fervice with others, nor
was there ever any thing done but with the
joint advice of at leaft the major part of
rhofe who were conlulted with. And as
his Majelly commanded my fervice in the
late treaties, fo I never gave the leaft advice
in private, nor wrote one letter to any one
pcrfon in either of thofe negociations but
upon tlie advice of the conncil, and alio
arter it was read in council, or at leaft by
the King himielf, and fome other-, and ii
i prepared any inftruftions or memiorials,
it was by the King's command, and the re-
queft of the Iccrctaries who defired my af-
fiftance ; nor was it any wifh of my own,
that any ambaflador fhould give me any
account of the tranfadiions, but to the fc-
cretaries, to whom I was always ready to
advife ; nor am I conicious to mylelf of
ever having given advice that hath proved
jnifchievous or inconvenient to his Maje-

fty ; and I have been fo far from being t!ic
fole manager of affairs, that I have not in
the whole laft year been above twice with
his Majefty in any loom alone, and very
leldom in the two or three years pre-
ceding.

And fince the Parliament at Oxford, it
hath been very vifible, that my credit hath:
been very little, and that very few things
iiave been hearkened to, which have been
propofed by me, butcontmdl&ed, eo nomine,
becaufe propofed by me.

I moft humbly befeech your Lordfliips
to remember the office and truft I had for
feven years, in which, in difcharge of my
duty I was obliged to (lop and obftruft ma-
ny mens pretences, and refufed to ftt the
feal to many pardons and other grants,
which would have been profitable to thole
who procured them, and many whereof,
upon my reprefentation to his MajePcy, were
for ever ftopt, which naturally have raifed
many enemies to me : And my frequent
concurring, upon thedefires of the late Lord
Treafurer, (with whom I had the ho-
nour to have a long and vaft friendfhip
to his death) in repreienting feveral exctl'-
fes and exorbitances, the yearly iffue fo far
exceeding the revenues, provoked many
perfons concerned, of great power and cre-
dit, to do me all the ill offices they could.
And yet I may faithfully fay, 'J hat I never
meddled with any part of the revenue or the
adminiftration of it, but when I was defired
by the late Lord Treafurer to give him m^y
affiftance and advice, having had the honour
formerly to ferve tlie crown as Chancellor
of the txchequer, which was for the moft
part in his Majefty's pretence. Nor have
1 ever been in tlie leaft degree concerned,
in point of profit, in letting any part of his
iVlajefty's revenue; nor have ever treated
or tkbated it, but in his Majefty's prcfence,
in which my opinion concurred alway with
the major part of the counfeHors who were
prefent.

All

A COLLECTION of TRIALS.

^53

All which, upon examination, will be
mademanifell to yturl^ordfhips, how much
Ibcver my intfgrity is blailed by the malice
of thoi'c who I am confinent do not believe
themlclves. Nor have I in my life, upon
all the treaties, or othervvi'e, received the
value of one (hilling from all the Kings or
Princes in the world, (exc pting the books of
the Louvre print lent me by the Chancellor
of France, by that King's diredionj but
from -my own mailer, to whofe entire ler-
vice, and the good and welfare of my coun-
try, no man's heart was ever more devoted.

This beirg my preient condition •, I do
nioll humbly befeech your Lordfliips to
entertain a favourable opinion of me, and
to believe me to be innocent from thofe
foul afperfions, until the contrary be proved,
which I am lure can never be by any man
worthy to be believed : And fince the dif-
tempers of the times, and the difference be-
tween the two Houfes in the prefent de-
bate, with the power and malice of my ene-
mies, who gave out that I Ihould prevail
with his Majefty to prorogue or diflblve
this Parliament in difpleaiure, and threaten
to expofe me to the rage and fury of the
people, may make me to be look'd upon
as the caufc which obilruds the King's fer-
vice, and unity and peace of the kingdom.

I mofl humoly befeech your Lordlhips,
that I may not forfeit your Lordfhips fa-
vour and protection, by withdrawing my-
felf from lo powerful a perfecution, in hope
that I may be able, by fuch withdrawing,
hereafter to appear and make my defence,
\vh'-n his Majefty's jullice (to which I Ihall
always fubmit) may not be obftrufted, or
controuled, by the power and malice of
thofe who have fworn my deftruftion.

CLARENDON.

Mr. Vaugh. I think it not convenient to
lofe more time about this paper, fince the
time of the Earl of Clarendon's name being

Vol. I. No. ii.

mentioned here, I had nothing to charge
him with till now, but moft of the heads ot
this charge are fo weighty, that I am con-
fident, they will be eafily and thoroughly
proved, though I know not how •, fo that I
admire at his confidence, to cliarge this
Houfe, and fo the nation, as his peifccu-
tors, and that in fuch a condition, as he
hopes to vindicate himfelf. It is the fiill
time that ever I heard an innocent man run
away under the greatell charge, with hopes
to return again and vindicate himfelf.

Then mak one exprcffion, he faith,
" he is as far from corruption, as from dif-
loyalty." If he faid he was guilty of neither,
he had faid fomething -, but by that ex-
preflion he may be guilty of both : So info-
lent a paper I never met with in this king-
dom, nor have I ever read the like in any
other J fo inconfiderable a part of the na-
tion as he is, to lay it upon the nation, who,
if innocent, might defend himfelf; if guil-
ty, why doth he charge the nation with per-
fecuting ? Therefore, without troubling
yourfelves with it, do, as the Lords have
done ; who deliver it to you as a fcanda-
lous and feditious paper ; it haih malice in
it, and is the grcateft reproach upon the
King, and the whole nation that ever was
given by man. Therefore put the qucf-
tion whether his paper Ihall not have the
charafter, that it is a " Scandalous and
Malicious Paper, and a Reproach to the
Juftice of the Nation."

Refolvedupon the queftion.

That the paper fcnt to the Lords by the
Earl of Clarendon, and by theni fent down
to the Houfe of Commons, and now read,
is " fcandalous and feditious, and doih re- .
proach the King and the public juftice of
the nation."

Sir Rob. How. You have voted this pa-
per fcandalous, and therefore it fhoukl not
live, wherefore 1 move it (hould be burnt
by the hangman.

T t t Mr.

254 ACOLLECTI

Mr. Garraw. The paper Is the Lords,
and you muft lend it to them, but enter it
into your books, and your vote upon it.

Keiblved, " To have it burnt."

Sir Rob. Car. The paper is the Lords,
therefore move them to concur that it may
be burnt.

Sir Rob. Uoia. The meaning of my mo-
tion is, becaufe the Duke of B k's de-

fired the paper again for the admirablenefs
of the ftile, it is entered into their books al-
ready, and they need it not to that end ;
therefore defire the Lords concurrence to
burn it,

Relblved, " To fend it to the Lords to
that end."

December 5.

A motion

being made to fend to the

Lords in purfuance of the voce about burn-
ing the paper.

iVIr. Vaugh. I am againfl: fending up to
the Lords to that purpofe, becaufe you
have ordered to enter the paper into your
books, and when a paper is burnt, it is not
to ftand upon record, but fliould be rafed
out -, which two things are a perfeft con-
tradidion, therefore let it reft as it is •, we
have voted it fcandalous, &c. The Lords
tell us not that they have done any fuch
thing, though they ought to have done it
firft.

As for the Earl of Clarendon, he being
now gone, if fuch a like occafion fhould
iall out, we are in a worfe condition than
we were ; for there is this precedent againil
us, in a cafe now manifeft: and it becomes
us to do fomething in order to the Lords
concurring, that fo a good underftanding
mav be got •,' therefore 1 fliall propound this
to you, to be fcnt up to them to that end.

Namely, when any fubjcdt fliall be im-
peached by the Commons bclbre the Lords
in Parliament with defire to fecure him,
fuch perfon by the law of the land ought to

ON OF TRIALS.

be fecured accordingly. This you have in
efFe6l voted alredy, in faying tlie " juftice
of the kingdom is obftrudled by their not
doing it."

Secondly, When fuch impeached perfons
fhall be fecured, the Lords may limit a
certain time for bringing in the charge, to
prevent delay of juftice.

This may falve all, and prevent fuch
ways as may be difpleafing to the Lords,
and perhaps us alfo, in fome cafes hereaf-
ter.

Mr. Swin. I am perfuaded that accord-
ing to rules of Parliament, when you charcre
by impeachment generally, and promife in
due time to fend up your charge, they ought
to fecure, but they not having done it, !■
queftion whether you could do what you
have ; but the Earl of Clarendon Hying,
it is manifeft juftice was obftructed ; for he
might have been brought to his trial, if
the Lords had fecured him ; but now your
vote is made good, which feems to lay the
advantage on your fide..

Sir Rob. How. I think this mefHige to the
Lords, will deftroy the way of vindicating
ourfelves by declaration ; therefore finiih
the declaration, and then refolve before you
publiflr it, whether to fend up this meflage.
Mr. Vaugh. If the Lords agree with us,',
we may fpare the declaration, but if they
a;,ree not now, they will much lefs hereaf-
ter; Yourdeclarationcan amount to no more
but this, make a narrative of the invali-
dity of the Lords precedents ; but then ,
you muft of neceflity do fomething more,
elfe your labour is in vain ; therefore this
meffage with thefe votes are neceflary.

Sir Rich. Temp. I expefted that when
the Earl of Clarendon had been Red, the
Lords would have defired the King to iffue
out a proclamation to apprehend him,
feeing they have been the occafion of his
efcape •, therefore now defire their concur-

rence to go to the King to that end, and if

they

A COLLECTION op TRIALS.

they concur, they have upon the matter
granted commitment upon a general im-
peachment.

Mr. Vatigh. I thought it my duty to of-
fer you what I have done, if you Hke it
not, I defire to be excufed in ferving you
in the Declaration, and that they who think
it neceflary wouid be pleafed to take the
pains to do it.

Swlho. Lee. If you declare, it will be-
set an anfwer, and where will that end ? If
you fend up your votes, and the Lords a-
gree, your end is anfwered ; for it is a
yielding that which they have yet denied j
your declaring, and entering it upon the
journal, v/iU be to no purpofe. It is but
]ike a man, who having been beaten pub
lickly, in the chamber calls him who did it
rogue.

Mr. Hampii. I defire that the words (law
of the landj may be left our, and the
words (law of Parliament, or, ufage of
Parliament) put inflead of them -, for it
hath been fhewed us, that there are feveral
ways of impeachment befides common law.

Mr. Vaugh. Thofe v/ords were purpofely
put in, btcaufe at the free conference,
when we pre fled the "law of Parliaments,"
the Lords prcficd the " law of the land"
by way of negative, as if the " law of the
land" were othcrwife, but rather than that
fhall be anv obftrudion, put it " by law."

Mr. ^/fif. Leave out the words (by law)
for if a man be lecured, it is implied by
them who do commit that it is according to
law.

Then it being moved to draw both votes
in one.

Sir l^ho. Litt. Though you fhould put
both votes into one, it will notanfwer your
end, for the Lords v\ill not concur with the
firil part,, and yet may make ufe of what
part you grant of it, that is the laft, and
lb have advantage againll you •, but there
is another reafon, why you (hould forbear
thele votes, namely, " prudence."

255

' The Earl of Clarendon being gone,
there is an expedlation that a bill Ihould be
prepared to do fomething farther, wherein
I hope both houfes will join ; if you fend
up this, you will give dilturbance to that
bill, and if you fhould enter this in your-
books, in order to fend it up hereafter,
they will hear of it, as done to make them
fwallow their former " Refolves." There*.-
fore defer it for the prefent.

Mr. Trev. Confider whether the matter-
betwixt you and the Lords is not well as it
is : You have voted. That when a man is
generally impeached, he ought to be le-
cured, and that the Lords not having done
it, is an obftrudion to juftice ; and wiiat
will it fignify to carry ic to the Lords ;
what hath fmce fallen out, juftifies
you, and lays the difadvantage upon the
Lords. The world expefts now what you-
will do farther, and that mull be by con-
curring with the Lords.

Sir Tho. Cliff. We all agree to thef©
votes, in order to juftify your rights; but
what is the ule of it ? You have already-
done it in your books, and you cannot ex-
pect the Lords fliould go fo much againll
their own votes, this therefore will but
widen the gap, it being telling them they
mufl eat their words.

Sir Tho. Litt. Thofe, who have had a :
hand in the charge againft the Earl of Cla-
rendon, have been thought fometimes too '
violent, fometimes too remifs, as not able
. to make out the charge : But what 1 fpeak -
now, is for your honour, whicii will be
wronged in this proceeding ; I am for brino--
ing the impeachment to fomething ; and
therefore againft thefe votes : Now you ■
make a declaration of your own rights, and
entering it upon your books, that not only
the vote may appear, but the ground of
it, but not to declare to the Lords, whicli .
will beget an anfwer and exafperate. Ic is ■
now unfeafo!iab!e to make the Lords re-
trac>, therefore lay it afide ; for though I:

am:.

256

A COLLECTI

^m confident that gentleman did it to no
fuch end, yet if I would defign any thing
to the Earl of Clarendon's advantage, I
could not take a better way than this.

Mr. Vo.ugh. This is but the affirming all
which hath been done already, and I am
for noTt; of thofe, who are contriving for
any thing out of the houi'e.

Sir IVill. Covent. This quelVion is not
noWfealbnable, tho' it is a better expedi-
ent than the declaration as things now
ftand, and cojifsdering what hath paif, I
am apt to think the Lords may do it of
their own accord, and you v/ould not will-
ingly have a negative to your votes. There-
fore feeing your votes may he of ufc here-
after, put no queftion at all, but adjourn
the debate to a proper fealba.

Mr. Vatigh. 1 am againft the adjourning
of it, and have given tellimony, that I
have done nothing to be thought to do that
which is fo much for the advantage of the
Earl of Clarendon, and fliall take heed of
doing any thing hereaiter to be lb refleded
on.

Sir Tho. Litt. 1 hope I avoided any fuch
refleftion, nor fpcak any thing to fuch pur-
pofe, I do not believe, nor ever did think
any fuch thing, and hope that gentleman
himfelf believes, that no man in this houfe
bath more honour for him than J.

Sir Job Charle. Let the world fee that
you do not intend to reftrain your proceed-
ings to the Earl of Clarendon, but make it
a general care-, and therefore are concerned
in honour to put the quelbon.

Rcfolved upon the queftion.

That the queftion be put.

Refolved, " [hat both the queftions pro-
pounvlcd by Mr. Vaugh, and put fmgly in
the affirmative, be carried up to the Lords."

December 1

A bill was brought from the Lords, to
banilh the Earl of Clarendon, and read.

ON OF T P- I A L S.

After reading, feveral objections being
made, and it being alledged, that it was
an abufe put upon the Commons by the
Lords, and that a bill of attainder being
propounded, after fome debate, the Houfe
palled this vote.

Refoived, " That this houfe taking notice
of the flight of the Earl of Clarendon,
being under an impeachment of high trea-
fon by this houfe -, the King's Majefty be
humbly defired to iflue out his Proclama-
tion for fummoning the laid Earl to appear
by a day, and to apprehend him in order
to his trial."

Refohed, "To fend to the Lords for their
concurrence to this vote."

December 14.

A meflage from the Lords for a con-
ference, at which they delivered two rea-
fons, why they could not concur.

1. Firft, for that they conceive a Pro-
clamation in the way propofcd, would be
ineftedtual, fince it is nox. fub f ana conviHi^
onis, which cannot be till particulars in or-
der to trial be declared.

2. That what the Houfe of Commons
hath propofed, and do propofe at prefent,
is intended in order to a judicial way of
proceeding ; but fince the Earl of Claren-
don's flight, their Lordfliips upon confi-
dcration of the whule ftate of afi^iirs, and
of the kingdom, have upon grounds of
prudence and juftice, thought fit, for fe-
curing King and ki.ngdom, to proceed in a
legiflative way againft the laid Earl, and
have to that end, paft and fent down to
them a bill of banilhmcnt and incapacity
againft him, vvith which this vote is in-
confiftcnt.

December j6.

The faid reafons from the Lords being
reported and confidered, and it being mov-
ed

A COLLECTIO

ed that the houfe would declare themfelves
unfatisfied with them.

Sir Tho. Cltff. I am againfl paffing a vote
at prel'ent upon the Lords reafons, but read
the bill lent down from thence, and lum-
mons him by it to appear by a day.

Mr. Trev. Some are againtt the bill, be-
caufe it goes too far, condemning before
hearing, others would have ic go farther.
Summons is in order to hearing, trial and
judgment; of thofe he hath made himfelf
incapable by flight, and hath in his paper
told you, " That he will neither be heard,
nor tried by you :" Tho' you expefted to
have him fecured by a general accufation,
yet you never expected judgment upon it.
Tlien it faid, "This banifliment tails fhort
of trealbn," but we are not to pals lentence
for crime?, but as a Council propound to
tlie King what is necefiary in this cafe :
Then confider whether this bill will anfwer
our ends, and if it doth, delay will make
it worfe. I think we fhould make it reach
them, what if he hath life in other parts,
his family untainted, and his children alive,
and enjoy his eftate.

Sir Rob. Carr. You have ordered to con-
fider the rcrJbns from the Lords, therefore
•do it.

Mr. Hen. Covent. The motion to read
the bill is not againfl; your order, becaufe
part or the reafons given by the Lords is,
" That you have a bill, and till you have
read the bill, you cannot lay by the rea-
fons." Ihe Earl of Clarendon is fled,
you have a tye upon him in having his in-
nocent relation?, and by proceeding far-
ther, you make him. defperate, you are
now in an even way with the Lords ; there-
fore read the bill.

Mr. Swinf. You may go upon the rea-
fons, and yet not rejed: the bill i for when
you fent to the Lords about a proclama-
tion, and went noi upon the bill, it was,
bi'caufe what the bill drives at, is the higheft
punidiment next to death. Therefore con-

VoL. J. No. II.

N o F T R I A L S. 257

I fider what weight is in the reafons. One
of them feeming to put you upon the bill,
they put you thereupon on a legillative
way ; they will neither fecure nor fummon
him, but will condemn him unheard. They
cannot fecure him upon a charge of trea-
fon, nor yet fummon him, but they can
condemn him -, and this they put you
upon, which is againll Iionour and juflice,
elpecialiy to do ic upon reafon of flate.
The legiflative power of Parliaments is
great, ic hath no bound, but the integrity
and judice of Parliaments. If reafon of
ftate be a motive of Parliament to banifh
one man, fo ic may be for many. If vou
go in this legiflative way, you bring upon
yourfelves' all the dilhonour of the bufinels,
but the Lords will have fome excule, which
you cannot, for they looked upon the
charge fo flight, as not to imprifcn him,
the party is gone, becaufe he was not fe-
cured, apprehending (he faith) fear of tht^
multitude, not of his trial, fo that the
Lords not giving credit to your charo-e a-
gainfl: him, he fays, " he flies not from
jufl:ice." Now, if upon this bill you fliall
banifli him, it would be faid you could not
make good the charge ; and therefore laid
this fentence upon him.

The precedent is alfo dangerous : If
having gone fo far in a judicial way, you
fhould now go in a legiflative. If upon
reafon of ftate, Lords may be baniflied, ic
may be by dozens : As you proceed juftly,
fo you will be juftified.

Nor is the danger greater if the Lords
go by proclamation, and he be put in;o
cuftody when he comes, if he can praflife
any thing, will not be lefs capable when
under the proclamation, than when this
bill is pafied, which condemns him with-
out hearing, and I am not for any punifli-
ment till heard. In Cromwell's Cale, who
moved in Hen. Vlllths .time, to attaint a
Lord unheard, the Judges declared th(y
might, and it would fl:and ; afterward the

U u u faid

258 A C O L L E C T

faid Cromwell was attainted and condemned
unheard, and fuch counfel ufually falls upon
thofe that counlelled it.

Sir Rob. How. The Earl of Clarendon
fiiich, " That he doth not withdraw from
your juftice, but fear of tumults ; but that
rcafon any man may give for his flying, if
it will be an excufe ^ but he might have
fecured himfe'f from tumults by rendring
himlelf, and his innocency upon his trial
would have cleared him. This at laft may
come to a free conference, then you may
be left to go along with the King ; the
lioufe riftth and doth nothing, and then
the world will fee that this bufinefs will
afTure the King of France, that he hath a
man with him fo great, as to hinder us
from doing any thing againft him : there-
foTe as you Ought to do fomething againft
him, fee whether it may not be done by
the bill by refuming his lands, &c. if he
come not in by a day^

An exception may be againft this way,
namely, that there is no attainder, but if
there had been fuch a bill, the thing which
ftiould fway me ftiould be the Duke of
York's marriage : fo that if you commit
this bill, you may add all feverities, ex-
cept that of attainder, and if he come by
a d.iy, then all to be void. If you go by
proclamation, the Lords may not concur,
and you lofe your ends. By this bill all
favour that he can expedt is fh^-wed, and
this way will be the bell confutation of the
Lords reafons ; therefore commit the bill.

Mr. Secretary Morr. I am for commit-
ting the bill, though it be condemning un-
heard ; becaufe he could not but conclude
it would be fo. El volenti non fit injuria.

S\r Rich. Temp. You have proceeded a-
gainft this Karl in all ordinary ways, and
have been baffled by the Lords.. In Ed-
ward the llld's reign, Adam de Berry fled,
and a proclamation went againft him, and
tha. Commons neither did, nor ever were
bound to deliver their articles till the party

ION OP TRIALS.

appeared, and in that cafe they delivered
not their articles till the laft day, when he
not appearing was convifted. When you
would go by attainder, they tell you, de-
liver fpecial matter, and we will fummon
him •, when you afk a proclamation, they
tell you, deliver fpecial matter : If you de-
clare tiie matter to the Court, it is upon
record, and all may know it. You have
tried all ways legal and regular, and they
will do you juftice in neither. Now whac
can you do ? Except you and the Lords
combine in juftice together, he muft
efcape, and if you can be made to differ,
he gees away in a fmoak. If you go to
the King for a proclamation, you muft re-
turn to the Lords for juftice. I am forry
the Ivy haih been fo near the Oak, that
you cannot touch it, without touching that-]
There remains a bill before you, and in
that you are upon equal terms with the
Lords ; therefore give him a day to be
heard, and if he come, let him, but then
his penalties are too low for his crimes j
therefore read the bill, go higher, degrade
him of honours, forfeit his lands, and
whether you will go fo far, I leave with.
you.

A/r. Soli. Gen. It is not pofllble to agree
with the Lords in their reafons, but the
reafon muft be becaufe the bill is good.
But if any man thinks it is good upon the
Lords reafons, he is miftaken ; and there-
fore my advice is to proceed upon the bill,
though not upon the reafons from the
Lords. Some think the punifiiment in the
bill too little for the crime, others too
much, becaufe not fummoned -, fo that it
muft fall out, that a perfon impeached by
the Houfe of Commons muft lee the houfe
rile without any marks of difplealure upon
him : Can any man be heard, who will not
be heard .'' Why fhould not you proceed in
fuch a way againft him, as whofe very
flight amounts to a confcnion ? And have
you not burnt his paper for refieding upon

the

A COLLECTIO

the houfe ? And can you think he will ap-
pear who is departed in defpair of tiie
court ? And now you are contending to
sivc him time.

Tien confider the thing in itfelf. Sup-
pofe the King had a mind to attaint him,
the King can do it without your help, for
he may be outlawed for high treafon ; for
the' that be reverfable at common law, if
he be beyond Tea, yet by two exprels a6ls
of parliament it is otherwile, but the King
cannot banifh him without your concur-
rence : Suppofe him fled and attainted, fo
that the queftion is not upon his life, but
his eftate, fuppofe your juftice faiisfied in
that, is it not paft all manner of confidera-
tion that the King cannot upon application
reftore it, fo, that all you looked for by at-
tainder, is done by this bill of banifliment,
for his life is faved by flight, as would his
eftate by companion -, but there is fome-
thing in this bill, which, without it, you
can never get, that is, you put him under
your difpleaiure, which, the King cannot
pardon ; and will you have it thought a-
broad, that the Eail of Clarendon, fled as
he is, hath been fomethino; too hard for
the two Houtes ?

Sir Tho. Litt. If there be a neceffity of
liifi'cring with the Lords, and I thought
the difference would produce loch tflPtcls,
I fliould not fpeak ; but they only tell you
'tis unnecefT-iry and ineiTtftual. You have
impeached, and are now told if you pro-
ceed, it will make difference; but I fear
another <>reater danger than this difference.
The world will lay you were willing he
ftiould fly, becauie you could not prove by
flying he hath forfeited his eftate, if the
King give it him again it is his mercy ; but
do you juftice : therefore prcfs for a pro-
clamation, tor the bill is incorfiftent with
you honour.

Mr. Vaiigh. I have liftened with much
attention to this diicourfe, and underftand
it as little now as at the beginning, the

N OF T R I A L S. 259

difcourfe being nothing adequate to that
end. You have reafons from the Lords,
why they agree not with you, and if you
agree with the reafons, the fum is to
read the bill ; but if you agree not, you
muft defire a conference, and if they con-
cur, you m,iy have a proclamation, if not
(as I think they will not) you are v.'here
you were : We fuppofe him not to be in
Englan J, and if lb, what is the proclama-
tion more than the King's writ ? it reacheth
no man out of the kingdom. Its true, in
fome cafes, if the perlbns are gone out of
the land they are fummoned, and if they
come not, their lands are feized, but it is
not by proclamation, which fignifies no-
thing if the party be gone.

Then go on, fuppofe the Lords join in
defiring a proclamation, the end of which
is appearing and apprehending, pofllbly
you gain one part, that if he be apprehend-
ed, they do imprifon him upon a general
impeachment; but if they agree not, what
benefit have you by it ? None : But if he
appears, to what is it ? there is no charge,
if apprehended, to anfwer the general
charge.

1 hen the third way is, if the Lords
agree not, that you fhould go the King;
and there is a more dangerous rock in that,
than in any thing ; for we never heard of a
commitment per jpfum Dominum Regem,
but per mandatitm Domini Regis, becaufe
againft the King lies no damages : What
then muft yni do ? many think it injuftice
to proceed, if he be not called by procla-
mation. But it is plain, if you proceed
upon this bill, you go not upon your im-
peachment, but becaufe he is fled from the
juftice of the land, wherewith you have
charged him in burning his paper; and it
imports little, that he faith he is innocent;
for why then doth he fly ? Shall we abate
him of what he ought to fuffer for his
faying fo ? He is fled from the juftice c»f .
the Parliament, and therefol-e is proceeded

with.

'^ f\'

A COLLECTION of TRIALS.

v.';th, ;ir,:1 for what others {-xj, you ought
not lo regcird popular reafons, but to
purfiie your own ; it is enough for you to
hear foine proofs made : When was it
known in any court, that proofs fhould be
taken only on one fide ? So that you can-
not acquit your own jullice, nor bring him
any ways to anfwer, he being gone, nor
can you have any e(Fe£t of the proclamation,
though the Lords join in it: Therefore,
unlefs you will have nothing done after all
this, (for he may not be guilty of all
charged, who yet hath made himfelf guilty
of what is charged by flying) read the
bill.

At lad the qucftion was put, whether
the bill fiiould be read and. committed.
1 09 for it.
1:.'-. againll it.

164
December iS.

The bill for banifliing the Earl of Cla-
rendon was reported from the committee,
and read.

Sir Rob. Ho'-iV. I defire that to the preface
of the bill this addition may be made.

That whereas the Earl of Clarendon was
impeached of treafon by the Commons, who
delired he mis^ht be fecured, but was not,
and thereupon is fled.

And this to the end the protefting Lords
may be gratified, who took fo much care of
ihe Commons,

Sir Rob. Carr. Seconds the motion.

Sit JobnTalb. I cannot concur with that
■motion, becaule we cannot take notice of
what the Lords do.

Sir Rich. 'Temp. We may take notice of
things in the Lords books which are
records, and there the protell is entered ;
and though not to gratify them who owned
our right, yet we ought to take care of our
own right : And that the world may fee we

have fome caufe to pafs this bill, neither
deal fo modeftly with a man who flies from
jufl:ice, as to ufe his own word (withdrawn)
■but call it flying.

Sir Tho. Gozv. Let the words be, " that
having been impeached, and moved to be
fecured, hath withdrawn himfelf."

Mr. Sollieitor. The word ■•' moved," de-
fl;roys the bill itfclf, the word of the bill is
to unite the two houfes, and this amend-
ment tends to defl:roy that end, for the ad-
dition xo the preface being infifted on, the
Lords will add the reafons for not com-
and fo revive the whole matter

mittmor.

Let the- Lords add in their books what
they will, your books will as much juflify
you, as theirs them.

Sir Hum. JVin. Let the v/ords be added
whether the Lords agree, or not, that it
may appear upon our books.

Mr. Hugh Bofcow. The preface is but
Iiifl:ory, yet add the words, and let the
Lords infcrt what they pleafe, I fliould
rather concur with them, than leave out
thofe words.

Mr. Fat'.gh. Put no quefliion upon thefe
words, but whether the preface ihould go
as it is : The bill in probability is a fafe
bill, becaufe it came from them : But if
you begin an alteration, you yourfclves
render it unlafe; for if you put in thefe
words, then the Lords will add, " for
want of fpecial matter," and fo it will come
to nothing.

'J'hcn the hill was read thethird time.

Mr, Vciu^h. I am againfc the word
" withdrawn," and for the word " flight"
infl:ead of it, and in regard the juflice of
this bill depends upon the word (flight) put
it exprtfsly.

Sir Rob. Carr. I am againfl. this bill,
though I was as earneft in the matter as any
one while I thought there v/as proof, but
now none appearing, I am againft the bill,

becaufe

A COLLECTION of TRIALS.

26r

becaufe you are confirming what the Lords
have done.

Mr. Vav.gh. Many men wonder that no
reafon is given for paffing this bill, but the
quc-ftion is miilaken, the bill is grounded
upon his fliglit after his impeachment,
and his flying implies fome guilt, if none,
it is the fafeft argument for any man
to run away, and then there is no-
thing to catch him. A proclamation to
a man out of the kingdom jignifies nothing.
But in the whole it is plain, that he faith,
that finding the King's juftice obftrudted in
Parliament, he is fled.

Obj. But it will be faid upon bare flight,
never was any man punilhed.

Anfiv. If one man kills another and flies,
though upon his tryal he fhall be acquitted,
yet he fliail never recover his goods, be-
caufe of his flight.

There has been feveral a(5i:s of banifh-
ment, Spencer, &c. And in this, isfom.e-
thing more fevere than in them, namely,
that none fhall correfpond with him ; then
there is fome advantage, namely, that if he
come in by the ift of February, all fhall
be void ; but when the crime is laid, and
his fl'ght makes him guilty, he ought not
to have a day.

Then the queftion was put for pafling
the bill.

65 for it.
42 againtl it.

lO';

And then the Houfe adjourned.

Articles of High-Treason, and other
Heinous Mifdemeancrs, exhibited againfi
EDWARD, Earl of Clarendon,
Lord' High-Chancellor of England, in
tlie Houfe of Lords-, on the loth of
July, 1663. By the Earl of Briitol.

THAT being in place of highcft trufl
and confidence with his Majefty, and ha-
YoL. I. No. 12.

ving arrogated a fupreme diredlion in all
his Majefty's afi'airs, both at home and
abroad, hath wickedly, and malicioufly,
and with a traiterous intent to draw fcandai
and contempt upon his Majefty's perfon,
and to alienate from him the afeftions of
his fubjedts, abufed the faid truft in man-
ner following, viz.

That he hath traiteroufly and malicioufly
endeavoured to alienate the hearts of his
Majefty's fubjefts from him, by words of
his own, and by artificial infinuations of
his creatures and dependencies, that his
Majefty was inclined to Popery, and had
a defign to alter the religion eflablifhed in
this kingdom.

That in purfuance of that' traiterous
intent, he hath to llveral perfons of his
Majefty's Privy-council, held difccurfes to
this eft'e6t, viz.

That his Majefty was dangeroully cor-
rupted in his religion, and inclined to
Popery.

That perfons of that relioion had fucli
accefs, and fuch credit wirh him, that
unlefs there were a careful eye had unto it,
the Proteftant Religion would be over-
thrown in this kingdom ; and in purfuance
of the faid wicked and traiterous intent,
upon his Majefty's admitting Sir Henry
Bennet to be principal Secretary of State,
in the place of Mr. Secretary Nicholas, he
hath faid thefe words, or words to this
effeft.

That his M.ijefty had given io,oool. to
remove a zealous Proteftant, tJiat he might
bring into that place of high truft a con-
cealed Papift, notwithftanding, that the
faid Sir Henry Bennet is known to have
ever been both in his profcfTion and pradice
conftant to the Proteftant Religion.

That in purfuance of the fame traiterous
defign, feveral near friends and known de-
pendencies of his, have laid aloud, that
were it not for my Lord Chancelloi's
Handing in the gap, Popery would be in-
X X X were

262

A COLLECTION of TRIALS.

traduced in this kingdom, or words to that
efFea.

That in purluance of the aforefaid trai-
terous defign, he hatli not only advifed and
perfuaded the King to do fuch things con-
trary to his own reafons and refolutions as
might confirm and encreafe the fcandal,
which he had endeavoured to raifeupon his
Majefty as aforefaid, of his favour to Po-
pery, but more particularly to allow his
name to be ufed to the Pope and feveral
Cardinals in the follicitation of a Cardinal's
cap for the Lord Aubigny, one of his own
fub)e6ls, and great Almoner at prefent to
his royal confort the Qiieen.

That in purfuance of the fame wicked
and traiterous defign, he had recommended
to be employed to the Pope, one of his
own domeftics, Mr. Richard Bealing, a
perfon (though an avowed Papift) known
to be trufiied and employed by him in dii-
patches and negotiations concerning affairs
of greateft concernment to the nation. .

That in purfuance of the laid traiterous
defign, he being chief minifter of ftate, did
himfelf write by the lliid Mr. Richard
Bealing, letters to feveral Cardinals, prei-
fing them in the King's name to induce the
Pope to confer a Cardinal's cap on the faid
Lord Aubigny, promifing, in cafe it fliould
be attained, exemption to the Roman Ca-
tholics of England from the penal laws in
force againft them ; by which addrefs unto
the Pope for that ecclefiaftical dignity for
one of his Majefty's fubjedts and domcltics,
he hath, as far as from one aftion can be
inferred, traiterouily acknowledged the
Pope's ecclefiaftical fovereignty, contrary
to the known lav/s of this kingdom.

That in purfuance of the fine traiterous
defign, he has called unto him feveral
Prielts and Jefults, whom he knew to be
fuperiors of orders here in England, and
defircd them to write to their generals at
Rome, to give their help for ihe obtaining
fiora the Pope the Cardinal's captor the

Lord Aubigny as aforefaid, promifing greaf
favour to Papifts here, in cafe it fliould be-
efitfted for him.

That he had promifed to feveral Papifts
he would do his endeavour, and faid he
hoped, to compafs the taking away all
penal laws againft them, which he did ia-
purfuance of the traiterous defign afore-
faid •, to the end they might prel'ume and
grow vain upon his patronage, and by
their publifhing their hopes of a tolleration,
encreafe the fcandal endeavoured by him,
and by his emififaries, to be raifed upon his,
Majefty throughout the kingdom.

'i hat in purluance of the fame traiterous
defign, being intrufted with the treaty be-
twixt his Majefty, and his royal confort the
Qiieen, he concluded it upon articles
fcandalous and dangerous to the Proteftanc
Religion.

That in purfuance of the fame traiterous
defign, he concluded the fame marriage,
and brought the King and Qiieen together,
without any fettled agreement in whan
manner the rights of marriag;e fliould be
performed, whereby the Qiieen retufing to
be married by a Proteftant prieft, in cafe
of her being with ciiild, either the fuc-
ceffion fliould be made uncertain for want
of the due rights of matrimony, or elfe his
Majefty to be expofed to a fufpicion of
having been married in his own dominions ■
by a Romifli Prieft, whereby all the former
fcandals endeavoured to be raifed upon his
Majefty by the ftid Earl, as to point of
Popery, might be confirmed and height-
ncd.

That having thus traiteroufly endea-
voured to alienate the afteftions of his Ma-
jefty's fubjeclb from him upon the Icore of
religion, he hath endeavoured to make ufe
of all the malicious fcandals and jealoufies,
which he and his emifiTaries had railed in his
Majcfty'.> fuli'ri'ft?, to raife from them unto
himfeVf th<: popular applaufc jf being the
zealous upuulder^^f the Proteftant religion,

and

to this kingdom.

That his Majefty having been gracioufly
pleafci to communicate the defires of the
Parliament of Scotland for the remove of
the faid garrifons to the Parliament of
England, and to afk their advice therein,
the faid Earl of Clarendon, not only per-
fuaded his Majefty aftiially to remove thofe
garrifons, without expedling the advice of

his Parliament of England concerning ir,

but did by menaces of his Majefty's dif-
pleafure, tleter feveral Members of Parlia-
ment from moving the Houfe, as they
intended, to enter upon confideration of that
matter.

That he had traiteroufly and maliciouflv
endeavoured to alienate his Majefty's af-
feftions and efteem from this his Parlia-
ment, by telling his Majefty that there
was never fo weak and inconfiderable a

A COLLECTION

and a promoter of new feverities againft
Papifts.

That he had traiteroufly endeavoured to
alienate the aftedions of his Majefty's fub-
jefts from him, by venting in liis own dif-
courfe, and by the fpeeches of his neareft
relations and emifllirics, opprobrious fcan-
dals againft his Majefty's perfon and courfe
of life, fuch as are not fit to be mentioned,
.unlefs neceffity in the way of proof fliall
require it.

That he hath traiteroufly endeavoured to
alienate the affeftions of his Highnefs the
Duke of York from his Majefty, by fiig-
geftinp- unto him jealoufies as far as in him
lay, and publifliing abroad by hisemiffaries,
that his Majefty intended to legitimate the
D. af Monmouth.

That he hath wickedly and malicioufly,
contrary to the duty of a Privy-coLinfellor
of Enpfland, and contrary to the perpetual
and moft important intereft of this nation?
perfuaded his Majefty, againft the advice of
the Lord General,' to withdraw the Englifli
garrifons out of Scotland, and to demolifti
all the forts built there, at fo vaft a charge

OF TRIALS. 263,

Houfe of Lords, nor never fo weak and fo
heady a Houfe of Commons, or words to
that effedl, and particularly, that it was
b^-tter to fell Dunkirk, than to be at their
mercy for want of money, or words to that
effecft.

1 hat he hath wickedly and malicioufly,-
contrary to his duty of councilor, and to
a known law made laft feflions, by which
money was given, and particularly applied
for the maintaining of Dunkirk, advifed
and eftcded the fale of the fame to the
Erench King.

That he hath contrary to law, enriched
himfelf and his treafures by the fale of
offices.

That contrary to his duty he hath wick-
edly and corruptly converted to his own
ufe, great and vaft fums of public money
raifed in Ireland by way of fubfidy, private
and public benevolences, and otherwife,
given and intended to defray the charge of
government in that kingdom. By which
means a fupernumerary and difaffefced army
hath been kept up there, for want of
money to pay them off, occafioned it feems
to be becaufe of the late and prefent diil$m-
pers of that kingdom.

That havino; arrosiated to himfelf a fti-
preme direction of all his Majefty's affairs,
he hath, with a malicious and corrupt inten-
tion, prevailed to have his Majefty's cuftoms
fanned at a far lower rate than others do
ofter, and that by perfons, with fome of
whom he goes a fliare in, that, and other
parts of money refuking from his Majefty's
revenue.
July 10, 166 s- BRISTOL.-

The Earl of Briftol having exhibited againft

the Lord Chancellor, Articles of High-

' Treafon, and other Mifdemeanors. 1 his

Order was made by the Houfe of

Peers.

zj;<

26.4

COLLECTION op TRIALS.

Die Veneris,

July 10, 1663.

Ordered by the Lords Spiritual and Tem-
poral in Parliament afienibled. That a cop/
of the articles or charge of High-Trealon,
exhibited this day by the Earl of Briftol,
againft the Lord Chancellor, be delivered
to the Lord Chief Juftice ; who, with all
the reft of the Judges are to confider whe-
ther the faid charge hath been brought in
regularly and legally, and whether it may
be proceeded, in, and how, and whe-
ther there- be any treafon in it or no, and
make report thereof to this Houfe on
Monday next if they can, or elfe as foon
after as pofllbly they may.

Whereupon all the Judges met at Ser-
jeants Inn in Fleet-ftreet, and my Lord of
Briftol repaired to us thither, deCring to
fee the order ; which being read, he told
us he came out of refpeft to know of us whe-
ther we were informed how it came into the
Houfe of Peers, whether as a charge or
rot •, t)Ut one of the Judges, who had been
prefent when it was delivered in, faying,
" we were tied up by our order," his
Lordihip took fome exception at the man-
ner of his expreffion, as if his Lordfliip's
addrefs was unnecelTary at that time, and
taking it as a rebuke unto him, went away ■,
but according to our order, which fuppofed
it to be a charge of High-Treafon, and
not mentioning Mifdemeanor, we did upon
confideration unanimoufly agree upon this
enfuing anfwer, which on Monday the r3th
of July, the Lord Chief Jullice Poller did
deliver in, viz.

We conceive that a charge of High-
Treafon cannot by the lav.'s and ftatutes of
this realm be originally exhibited by one
Peer againft another unto the Houfe of
Peers, and that therefore a charge of High-
Treafon by the Karl of Briftol againft the
Lord Chancellor, mentioned in the order

of reference to us of the loth of this inftant
July, hath not been regularly and legally
brought in, and if the matters ailedgcd in
the faid charge, were admitted to be true,
although alledged to bo traiteroufly done,
yet there is no treafon in it.

Which anfwer being given in, the Earl
of Briftol took forme crxeptions at it, and
fbme of the Lords inf.'rred thence, that if
it were irregularly and illegally brought in,
it was a libel ; but we fatisned them that it
was not under confideration of us, whether
it came in as an information or charge-,
our order required us to give aniwer to it
as a charge.

Secondly, We did not meddle with any
thing concerning accufing him of Mifde-
mearor, for our oruer reached only to
1 rcaion.

Thirdlv, It did not follow that if this
char ^e we;e irregular, or illegal, that there-
fore he was criminal : There might be pre-
cedents to give colour to fuch k.nd of pro-
ceedings, for wliich, till it be declared or
known that tlicy are illegal, they are titular,
and ought not to be punilhed.

But It was much inlifted on. That we
ftiould deliver the reafon of our opinions,
the L/3rd of Briftol and his friends fecming
unfatisfied.

We Replied, That it was never known,
that when the Juftices to whom queftions
were referred from Parliament, had unani-
moufly agreed in their opinions, that rea-
fons were required from them. Yet not-
withftanding, it being the defire of the
Lords, after fome things premifed, and a
defire that this flrould not be drawn into an
example, (which the Lords afiented unto as
I took it, for DO order was entered con-
cerning it, there being no order as 1 think
for delivering our reafons entered) and it
was agreed amongft us, that no note fliould
be reduced, kit we might be required to
deliver our reafons in writing ; nor had I
time to digeft it in writing, having only

Monday

A COLLECTION

Monday night after conference with my
brethren to think upon it, I did on the
next Tucfday, being the 14th of July, de-
liver the reaions of all the Judges, of their
opinions, by their confents. To the firft
point, " That a charge of High-Treafon

o F T R I A .L S. 265

thofe Lords of felons againft the otlier, and
differed from the cafe of the Dukes of Here-
ford and Norfolk, which was to be tried
as 2 ill of Rich. II. PI. Cor. in Pari. No.
19. is by the courfe of the civil law, and
thereupon battle was waged. That though

cannot originally be exhibited by one Peer it concerned Henry IV. in intereft to con-
againft another unto the Houfe of Peers," | firm the i ith of Rich. II. and repeal the
the emphafis of the word Originally was 1 2 j ft of Rich. II. he being appellant in the
fhevved. former, yet he faw tj-.e mifchief ib great.

For Firft, an indiftment of Treafon ' that he himfelf made provifion againft them
againft a Peer may be removed up to the i for the time to come ; and indeed, the mif-
Lords Houfe to be tried, as it was in the J chief was fo great, that it ceafed not after
_:?ift of Hen. VI. in the Earl of Devon- J the deftruftion of many Lords and families
fliire's cafe, but a Steward was then to be (there being lex taUonis in that 2 1 ft of Rich,
made. j II. ufed towards moft of thofe appellants in

Secondly, If an impeachment came from the i ith of Rich. II.) till it tumbled King
the Houfe of Commons unto the Lords Rich. II. firft out of his throne, and then
Houfe, we did not take upon us the con- 1 into his grave.

fidcration, whether this could be proceeded That there were but two forts of pro-
in or not, for it was not the cafe to which 1 ceedings in capitalibtis, the fuit of the party

we were required to give anfwer

which was called an appeal, or the fuit of

We Replied, Upon the ftatute of ift of i the King, who ought to proceed by indic'l-
Hen. IV. cap. 14. which recites the many 1 ment, and fo to trial by virtue oi Magyia
great inconveniencies and mifchiels by ap- Cbarta. Nee Juper earn thimus, &c. and
peals, and provides that all appeals of that, in an appeal, being the fuit of the
things v/ithin the realm, fliall be tried and ; party, there was no prerogative of appear-
determined by the good laws of the realm , ance it it were an appeal at the common law,
made and ufed in the time of the King's ' loth of Ew. IV. Lord Gray's cafe. That
noble progenitors, and appeals of things , an appeal was taken in our law-books fre-
out of the realm before the Conftable and \ quently for an accufation by the party, I
Marflial : But we relied upon the claufe ; cited Weftm. the ift. cap. 14. where the
enfuing, and thereupon it is accorded and ! words appeal reaches to indictment. And
affentcd. That no appeals be from thence- 9 Cook, i 19. Lord Zanchar's cafe, than an
forth made, or in any wife purfued in Par- appeal of two fignifications, one general
liament in time to come. I ftiewed appeals i and frequent in our books for an accufation
in this ftatute, and acculations by fingle and Stamford, 142. In cafe of an ap-
perfons were one and the fame thing, and I prover, the felon after confefilon may ap-
that this ftatute reached to all appeals, ' peal, that is (laith he) accufc others, coad-
charges, accufations or impeachments deli- jutors with him to do the felony. C. C. 1S9

vered in, in Parliament, whereupon the
perfon acculed was to be put to his anfwer.

Appellant, cometh from the French word
appeller, which fignifies to accufe, or ap-

and that they were but feveral names of the peach, and C. C. 287. Appel fignifieth
fame thing, I ftewed firft hiftorically, that j an accufation ; and therefore to appeal a
the appe Is of the iith of Rich. II. and ! man is as much as to accuf.', and in an-
21ft. of Rich. II. were but acculations by j cient books he that doth aj)peal a man is

Vol. 1. No. 12.

Y y y

called

266 A COLLECTION

Called accuflitor, vide 9th of Edw. II. Jr-
ticuliCleri, cap. 16. That I know no rca-
fon why in thole tumbling times of Rich. II.
(which caufed this Itatute, for the ftatute-
roU is comant ad autermant ejle us en temps la
darren roy., Rich. II.) They fhould pro-
ceed by way of appeal, but becaufe they
were then allowed at the fuit of the party
to accufe any other of Treafon, but at the
King's fuit there ought to be an indiftment,
and an indictment could not be found but
by jury.

'I'hat in all other cafes, an appeal was to
be brought by the party concerned, the
"wife or heir, or party robbed, &c. But
in cafe of Treafon, any man may appeal
another, and therefore in all realbn it mull
be underftood of an accuiation, and any
man might accufe another ol Treaton -, and
if it can be proved by witncfies, it mult not
be tried by battle, as other appeals may.
I concluded that the eighth of Hen. VI.
No. 38. this ftatute, the ift of Ken. IV.
cap. 14. is recited, and defired it lliould
be duly kept, and put in execution, which
was granted, that Stamford 78. See PI.
Gor. 31. 132. agree that appeals ot High-
Treafons were not commonly uled to be
fued in Parlianient, till the ift of Hen. IV.
cap. 14. Since which time his manner of
appeal hath gone out of ufe ; and I laid, I
had fearchcd naany precedent;, and though
of late, there may be a precedent (as it was
of the Earl of Briftol's father againft the
Duke of Buckingham, of fome kind of im-
peachment) yet I did confidently believe
there was not fmce that ilatute, lil of
Wen. IV. cap. 14. any one precedent of
fuch an impeachment at the party-fuit
whereupon there was any indiiftmcnt : In
truth in the Earl of Briftol's cafe, the
Commons Houfe did impeach the Duke of
Treafon, and lb the Earl of Briftol's im-
peachment proceeded not.

For the Second Point, " That there was
no Treafon in the charge, though the mat-
ters in it are alledgcd to be traitcroufly

OF TRIALS.

done." I faid we had perufed each article
feiiatim, and we had found no Treafon in
tliem, the great charge, which is endea-
voured to be proved by many particulars,
was, " That he did traiteroudy, and ma-
licioudy, to bring the King into contempt,
and with an intent to alien the peoples
affedlions from him, fay, &c. fuch and
fuch words, &c."

And fo it runs on. That in purfuance
of the traiterous intent, &c. he did, &c.
and that in farther purfuarrce of the faid
traiterous defign, &c. And in like manner
was moft of the articles upon which the
charafters of Trealbn feemed to be fixed-
I faid that it is a tranfcendent mifprifion or
offence to endeavour to bring tlie Kino: into
contempt, or to endeavour to alienate the
peoples alfei5lions from him, but yet it was
not Treafon. This ftatute, 13111 Car. II.
cap. 1. makes Treafon during the King's
life : But if a man calls the King Heretic,
or Papift, or that he endeavours to intro-
duce popery, (which is more in exprels
terms than the article of that kind in-
finuates) or by words,, preaching, prayer,
to ftir up the people to hatred or diftike of
the perfon of his Majefty, or the eftablilTied
government ; the penalty is only difability
to enjoy any place ecclefiafcical, civil, or
military, and fubjedl to fuch penalties as
by the common-law or ftatute of this realm
may be inflifted in iuch cafe, (which is fine
and ranfom, with imprifonmcnt) and it
limits a time and manner of profecution.

There was an objeClion made ycfterday
upon the 2-th of Edw. III. Ihat this
being in Parliament, t!ie King and Par-
liament had power to declare Treafon,
and then vve ought to have delivered our
opinions with a qualification, iinlefs
it be dec'ared Treafon by Parlia-
ment where this charge is depending : To
this I anfwered.

Firft, 'Tis not Treafon in pr.cfenl:., antl
if fuch a declaration fliould be non ccnftat.,

whcthcrt

A COLLECTION

It would relate to the time

OF TRIALS.

267

wTicthei* It would relate to
part:.

Secondly, That I conceived that the
ftatwte as touching that declaratory power,
extended but to kich cafes as were clearly
felony, as fingle a6t;s, if not Treafon, (the
words being) " Whether it be Treafon or
other felony •, but in refpe6l of the doubts
of efcheats, which, if Treafon, belonged
to the King -, if felony, to the Lords of the

not fay wc refolved the point

Thirdly, That admitting the Declaratory
Power did extend to other cafes than fuch
as were before the Judges, and was not
taken away by i M. cap. or any other

ford ; the firft part whereof I read to thenii
wherein is expreficd, That they who con-
demned him, did purpofely make an aft of
Parliament to condemn him upon an accu-
mulative Treafon, none of the pretended
crimes being Treafon apart, and' fo could
not be in the whole, if they had been
proved.

After I had fpoken to this efteft, the
Earl of Briftol leemed to acquicfce, info-

fee, it was left to the Parliament. 1 did much as co-ncerned our opinions as the cafe

was delivered to us, but it being to be put
to the queflion, whether the Lords did
concur with the Judges opinions, and him-

felf being concerned in the illarive, that^
therefore the charge was illegal and irre-

ftatute, yet I read my Lord Cook's opinion j gular ; yet not being interided by him, as
at large, PI. Cor. fol, 22. That this decla- | he faid, as a charge, but an information,
ration muft be by the King, Lords and ^ he defired (though as the cafe was put to
Commons, .and by any two of them alone ;: us, it was a good inference) that the
and wc were now in a judicial way before '• voting of that might be fpared till it was-

the Houfe of Peers only •, and I did affirm
as clear law, that by this ju licial way no
Treafon could be declared nor adjudged,
but as were exprefsiy within the letter of
the 25th of I'dw. III. and faid. That fta-
tutc of '.5th of Fdvv. III. was a fecond
Magna Charla, and tliat their anceftors
thought it their greateft fecurity to narrow, .
and not to enlarge Treafon, and cited ift
of Hen. IV. cap lO. to which in the Par-
liament roll is added Rot. No. 17. (it
coiliing of the King's free grace) That the
Lords did much rejoice and humbly thank
the King '. And 1 read the ftatute 1 M.
cap. I .

That the now Earl of Briftol in my Lord
o£ Strafford's cafe, was the great affertor
of the law againfb conftruftive and accumu-
lative Treafon, which if admitted, their
Lordrtilps could better fuggeft unto them-
felves, than I exprefs, how great a door
they would let open toother inconveniencies
and mifchiefs to the Peerage. I concluded
with reading the aft, 14th of Car. II. for
Rcverfmg the Attainder of the Earl of Straf-

refolved by the Lords whether he delivered .
it in as a charge, or only as an information
for the matter of the charge if it fhould be ^
thought fit for their Lordfiiips to proceed
in it : After fome debate upon the queftion, .
the Lords Refolved the fame day according
to our opinions.

Firft,. That a cliarge of High-Treafon ■
cannot by the laws and ftatutes of this
realm be originally exhibited by one
Peer againft anotlier, unto the Hou-^i; of
Peers.

Seccndly, That in theie articles, if the
matter alledged in them were admitted to be
true, there is no Treafon in them, and
becaufe the Lords unanimouily concurred
in them, (my Lord of Briftol trcely as any
other) it was by order entered, that thefe votes
were nennne con'.radiiente.

Note, That in JudgeHatton's reports, ,
fol. the refoiution of the Judges is ex-
prefTed to be. That a Peer •cannot be im-
peached but by indiclment, and IVlr. Rufn-
wcrth in his colleftions, fol. 272. exprelTes
fuch .an opinion to be delivered by the

Judges:,

268 A COLLECTION

Judges in i 6r 2 Car. but upon fearch it
v.as found to he entered in the Journal of
PariiaiBent of that time, but it ;.vas cau-
tious referring to the coninion-law only.
But that for proceedings in Fari;anr»ent vt:
did not belong to them to determine, or to'
that effcift •, but no mention of ifl: of Hen.
IV. cap. 14. It liath been credibly re-
.ported that fome of the Judges in my
Lord of Strafford's cafe, being afked fome
.queftions, did with the like caution de-
liver their opinions, and did fpeak with re-
fervations, (as the cale is put) though they
upon hearing, did know the cafe mif-put ;
which, after, troubled the confcience of
one of them (iit audivi) being a grave
Jearned man. Vide Peacock's cafe. Cook
fol. But we having the cafe referred to us
in Parliament upon articles exhibited in
Parliament, did refolve to deliver our opi
nions without any fuch refervation ; and

OF TRIALS.

the acl of the iil of flen, iV. being cx-
prelTcd againft appeals in Parliament, (and
of Acls of Parliaments after they are once
made, none under the King, and without
him are interpreters but the Judges. (See
lying's anfv^'er printed in the old print of
_?d ot Car. I. at the end of the petition.)
And therefore did deliver thefe opinions
which I conceive of great benefit to the
Lords themfelves, and a juit ground for
farther enquiry to- be made, v/hcther fuch
impeachments may be in tlie Houfe of
Peers for other Mifdemeanors, without the
King's leave, or being exhibited by his
Attorney.

■ And fecondly to take into confidcration
the validity of impeachments of Treafon by
the Houfe of Commons, notwithftanding
the late precedents which yet ended in a
bill, and fo in the legiflative, not judiciary
way.

The C A S E of A N T H o N Y Earl of S h a f t s b u R v ; as it was argued
before his Majefty's Juftices of the King's-Bench, the 27th and 29th of June,
in Trin. Term. 29 Car. IL 1677.

THIS day the Earl of Shaftfbury was
brought to the bar upon the return
of an Alias Hah. Corp. direfted to the
Conflable of the 1 ower of London ; the
efteft of the return" was, that Anthony
of Sh I'^fbury, in the writ mentioned, was
GDmmiued to the Tov.erof London, i oFcb.
Anno Dom. 1676. By \ irtue of an ordir
txom the Lords Spiritual and Tem-
poral tlien !!■ Pa omcnt afiembled : the
tenor of whicn urd( r foUoweth in hac
vei ba.

"Ordticd, By ti-t Lord<; Sp tifjal and
Temporal m Parliament afidnblcJ, that

the Conftable of his Mijefly's Tower of
London, his deputy or tkputies, fhall re-
ceive the Lo;lies of j.'.mes Karl of Salilbury,
Anthony E.irl of ^h-iftfoury, and Philip
Lord Wharton, Members of this houfe,
and keep them in fafe cullody, within the
faid Tower, during his Majf lly's plcalure,
and the plealure of this hnule-, for high
contempts committed againii this houle;
And this fliall be a lufticicnt vs arrant on
that behalf

To the Conllable of the Tower, &c,

J. Browne Cler. Par."

The

A COLLECTION of TRIALS.

The Ead of Shafcfbury's council prayed
that the return might be filed, and it was
fo, and Friday following appointed for de-
bating the fiifficiency of the return, and in
the mean time directions were given to his
his Counril to attend the Judges and At-
torney General, with their exceptions to
the return, and my Loid was remand-
ed till that day ; and it was faid, that tho'
the return was filed, the court could remand
or commit him to the Marflialfca at their
eledlion.

On Friday the Earl was brought into
court again, and his council argued the in-
fufficiencyof the return.

IVilliams faid. That the caufe was of great
confequence, in regard that the King was
touched in his prerogative; the rubietl was
touched in his liberty, and this Court in its
jurifdiflion.

I ft, The caufe of commitment which is
returned, is not fufiicienc, for the general
allegations of high contempts is too uncer-
tain, for the Court cannot judge of the
contempt, if it doth not appear in what adl
it confills.

2dly, It :s not known where the con
tempts were committed, and in favour of
liberty, it (hall be intended they were com-
mitted out of the Houie of Peers.

3dly, The time is uncertain, fo that, pe-
radventure, it was before the lall ad cf
general pardon.

4thly, It does not appear whether the
commitment were on a convidion or accu-
fation only.

It cannut be denied, but that the return
of fuch a commitment, by any other
courr, would be too general and uncertain,
Ivlore, 89?, Aftwi'h was bailed on a re-
turn, qt'.cd co;>imj£tis full per mandatP.m. N.
Milit. Dni. Cujtcd. Magn. Sigit. Jlyigli^
virtute cujufchm contemptus in curia faSi^
and in that book, that divers other perfons
were bailed on fuch gcncr.d returns, and
the cafes have been hitcly afilr.med in

V.OL.J, No, I 2.

'69

Bufhcl's Cafe, reported by the late Lord
Chief Juftice Vaughan, where it is ex-
predy faid, that fuch commitment and re-
turn being too general and uncertain, the
Court can't believe in an implicit manner,
that in truth the commitment, was for
caufes particular and fufficient.

Vaughan's Reports, 140. Jccord. 2 Inft.
52, 53^ et S5- and the 1 Rolls 218. and
though the commitment of the jurors was
for acquitting Pen and Mead, coitra plenam
& manifeftam evidentiam : It was rcfolved
to be too general, for the evidence ought
to appear as certainly to the judge of The
return, as it appears before the judge au-
thorized to commit. Rufn.Cajs. 137.

Now this commitment being by the
Houfe of Peers will make no difference;
for in all cafes where a matter comes in
judgment before this courr, let the queftion
be of what nature it will, the court is
obliged to declare the law, and that with-
out diftindion,. whether the queftion began
in Parliament or no. In the cafe of George
Bmion in C. ii. tlicie was a long debate,
■' Whether an original writ might be fifed
againlt a Member of Parliament, during
the time of privilege ;" and it was urged^..
" that it being during the feflion of Parlia-
ment, the termi:iation of the queftion did '
belong to the Parliament :" Wm it was re-
folved that an original might be fil-,d ; and
Bridgman then Chief Juflil:e, fiid, that the
Court was obliged to declare the law in ail
cafes that came m judgment before them. H.
4. Ed. 4. Rut. 4. 7. 10. in Scacc. In debt by-
River i.'cr/wCoufin, tlie defendant pleads he
was lent of a Member of Parliament, etideo
capi feu areftant ncn delete and the plaintiff
prays judgment and afterv/ards by advice
of all the Judg;s the juilgment was en-
tered. Vidcii'.r Baronibus quod tale haietiir
pri-viisgitm quod magna ies, etc. Et eoriunfa-
mitiares capi feu arcfiare mn dehent fed nul- -
lum hahetnr privilegimi quod non dibent im-
planiare idee rcfpcndet vofer. So in 'i"ri-

COLLECTION c? T R I A L -S.

s ;o A

viniard's csfcj a qiiel^ion of privileges was
decerminc'J in t'r.is Court. D\er 60. in
14 E'.'r-.v. lif. in the cafe of Sir John and
S^ir-Jeoffry '^t.incon, which was cited in the
c;ifc of the Earl of Chirtriidon, and -is en-
tfcf! in the Lords Journal.

An accord of Waif, depended between
t-h-rm in tiie Common Plea.';, and the Cotirc
was divided and the Record was certified
into the Houfe of Lords, and ihey gave
direftion that the jtid-gnient fliould be en-
tred for the plaintilf •, afterwards on a writ
of error brought in this Court that judg-
ment was revcrlcd, notwrthrcanding the
ebjedion, that it was given by order of
the Hoiife of Lords ; for the Court was
obliged to proceed according to the law in
£. matter that was before them in point of
judgment. Not long fince th.e Earl of Briifol
exhibited an accuiation againfl; the Earl of
Clarendon to the ideufe of Lords, and it
contained divers matters, whereof fome
did arife out of Parliament, and it was re-
ferred to the Judges to confider whether
that procedure was parliamentary ; and the
•4th of July 1663, It was refolved by the
Judges, that the Lords ought not to pro-
ceed only upon an impeachment by the
•Commons, when the matters arife out of
the Houfe.

The conftruc^ion of all afts of parlia-
ment are given to the courts of Weltmin-
iter, and accordingly they have Judges of
validity cf Acts of Parliament, they have
fearched the Rolls of Parliament, Hub.
109. Lord Hunfdon's cafe, they have de-
termined whether the Journal be a Record,
Hub. no. When a point comes before
them in Judgment, they are not loreclofed
by any adl of the Lords, but ought to
judge according to the law, by which the
Pa'aim is governed, and not by the Lords ;
If it appears that an Aft of Parliament be
made by the King and Lords without the
Commons, that adf is Felo-de-fe, and th
courts of Weifminfter ought to judge it
%oid, 4H. 7. 18 Hub. in. and accord-

ingly they ought to do, if this return con-
tam in it that which is fatal to itfelf. Ic
hath been a queftion often refolved in this
Court when a writ of error in Parliament
fliall be a Siipsrfedeas^ and this Court hath
determined that (hall be faid to be a Sefiion
of ParliamiCnt, i Rolls 29. and if the law -
were otherwife there would be a failure of
julfice. If the Parliament were dilFolvcd,
there would be no queftion but the prifoner
fhoukl be difcharged on a Hakas Corpus^
and yet then the Court mud: examine the
caule of commitment, and by confequence
a matter parliamentary, and the Court may
now have cognizance of the matter as
clearly as when the Parliament is dillblved.
The party would be without remedy for
his liberty, if he could not find it here, for
it is not iufRcient for him to jjrccure tjie
Lords to determine their pleafure for his
imprilonment, for belore his enlargrment
he muft have the pleafures of the King to
be determined, and that ought to be in
this Court, and therefore the prifoner ought
firfl: to r^fort hither.

Let us fuppofe (for it does not appear in
the return, and the Court ought not to en-
quire of any matter out of it,) that the
fuppofcd contempt was a thing done out
of the Lloufe -, it would be hr.rd for this
Court to remand him : Suppjfe he were
removed to a foreign prilbn, during the
pleafure of the Lords : No doubt, but
that would have been an illegal commit-
ment againfl Magna Civarta and the peti-
tion •, there the commitment would have
been exprefly illegal, and it may be this
commitment may be no lefs •, for if it had
been exprefly Ihewn, and if he be remanded,
he is commited by this Court, who are to
anfwer for his imprifonmet.

But 2. The limitation of the imprifcn-
rhent during ih^ pleafures of the King
and the Houfe is illegal and uncertain ;
for fince itought todetermine in two courts,
it can have no certain period, a commit-
ment

A COLLECTIO

mer.t until he Ihall be difcharned bv Kinp;'s
iSencIv and Common PJcas is illegal ; tor
die prilbncr can't apply hifnTelf in fuch a
rtianner as to obtain his difcharge. If a
man be committed to further order. Cook
faith, he is bayiablc prefently, for that im-
ports till he fhall be delivered in good
courfe. of law, and if this commitment
have not that I'enfe, it is illegal, for ihe
pleafure . of the King is that which fhall be
determined according to law in his courts,
as where the Scat, of Weltminlkr, i Chap, i
15. declares that he is not reprovable, who
is takd-n by command of the King, who
ought not to extend to an extrajudicial ]
command but in his courts of juftice, to
which all matters of judicature are dele-
gated and diftributcd. 2 Inft. 186. and
187.

Wollop, To the fame purpofe, cited Bu-
fliel's cafe, Vaughan, 137. that the return
for high contempts was not fufficient, and
the court that made the commitment in
this cafe makes no difference in the cafe,
for otherwife one may be imprifoned by
the Houle of Peers unjuflly, for a matter
relievable here, and yet fiiall be without
any manner of relief, by fuch a return ;
for on fuppofition tliat this court ought
not to meddle where the perfon is com-
mitted by the J'eers, any perfon at any
time and for any caufe may be fubjecft to
a perpetual imprifonment at the pleafure of
the Lords.

And the law is otherwife, for the Houfe
of Lords is the fupream court, yet their
iurifdidlion is limited by the common and
itatute law, and their excifes are examinable
in this court, fbr there is a great difference
between the errors and excife in and of a
court, between an erroneous proceeding
without jurifdiction which is void and a
mere nullity, 4 H. 7. 18. 6. in the Parlia-
ment the King would have one attain it of
treafon, and lofe his lands, and the Lords
allented, but nothing was faid of the Com-

N OF T RIAL S. 271

mons, wherefore all the juflices htlii clein-lv
that it was no &c\, and he was rcllored to
his land, and without doubt in the fame
cafe if the party had been imprilbned, the
Jultices might have made the like refolb- ■
tion that he ought to have been dij-
charged.

It is a fotecifme that a man niali be im-
prifoned by a limited jurildidion, and it
ihail not be examinable, whether the caufe
were v«ithin their jurifdiftion or nor, if the
Lords vvuh'jut the Commons fiiould erant
a tax, and one that refufed to pay it
Ihould be imprifoned, the tax is void ; but
by a general commitment the par^.y Ihall
be remedylefs if lb be the Lords lliould
av/ard a capias for treafon or felony.

By thele inffances it appears that thtir
jurifdiftion was reftrained by the commou
law, and it is alfo reftrained by divers Ads
of Parliament, i Hen. 4. Chap. 14. no
appeals fhall be made, or any ways -pur-
lued, or where a ftatute is made a power
is implicity given to this court by the fun-
damental inflitution, which makes the
Judges expofitors of" Ads of Paliament -,
and peradventure if all this cafe appeared
upon the return, this might be a cafe in
which they where reftrained by the ftar. 4,
Hen. 8. Chap. 8. That all the fuits, ufe-
ments, and condemnations, Gff. many
time from henceforth, at any time to be
put or had upon any members for any bill
fpeaking or reafoning of any matters con-
cerning the Parliament to be communed
or treated of, fhall be utterly void and of
no effect, now it does not appear, but this
is a corredion and punilhment impoled
upon the Earl, contrary to the llature,
there is no queftion now made of the
power of the Lords but it is only urged
that it is necelTary for them to declare by
virtue what power they proceed, otherwife
the liberty of every Englifh man fnall be
fubjed to the Lords, whereof they may
deprive any of them againll an Ad of Par

liamein"

A COLLECTION of TRIALS.

272

liamenr, but no ufage can juftify fucli a
proceeding. Elfmore's Cafe of the poft,
Nati. 19. The Duke of Suffolk was im-
peached by the Commons of high treafon,
and mifdemeanors, the Lords were in
doubt whether they fhould proceed upon
fuch a general impeachment to imprifon
the Duke, and the advice of the Judges
being demanded, and their refolution
given in the negative, the Lords were fa-
tisfied. This cafe is mentioned with
defign to fliew the refpedl given to the
Judges, and that the Judges have deter-
mined the higheft matters in Parliament.
At a conference held between the Lords
and, the Commons, 3d. April 4. Car. con-
cerning the right and privilege of the fub-
jeft, it was declared and agreed, that no
freeman ought to be committed or reflrain-
ed by commitment of the King or Privy-
council, or any other (in which the Houfe
of Peers is included) unlefs fome caufe of
commitment, reftraint, or detainor be fet
forth, for which by law he ought to be
committed, isfc.

Now if the King, who is the head of
the Parliament, nor the Privy- Council
who is a court of ftate, to which fecrecy
is fo neceflary, may not imprifon without
fiiewing cauie, a fortiori, the Lords in
Parliament can't, which are a court of law
as well as a court oi ftate, and therefore
ought not to proceed in an illegal manner,
'tis true in 1. Rolls. 192. Rufli worth's cafe.
Cook is of opinion that the Privy Council
may commit without fiiewing caufe, but
in his m.ore mature ape, he was of another
opinion, and accordingly the law is de-
clared in the petition of right.
•, Smi:li argued to tJu; fame purpofe, and
faid a Judge cannot make a judgment un-
lefs the fad appears to him, and on an
Habeas Corpus, the Judge can only take
notice of the fa£t returned ; it is lawful tor
y.ny fubje(5ls that finds himfelf agrieved by
any fcncexice or Judgment to petition the

King in an humble manner for redrefs, and
where the fubjed is retrained of his
liberty, the proper place for him to apply
himfelf unto is this court, which hath the
fuprcam power as to this purpofe, over all
courts, and on an Habeas Corpus ifiliing
hence, the King ought to have an account
of his fubjedt. Rolls. Hab. Corp, 64.
Witherlies cafe, and though the commit-
ment be by the Lords, yet if it be illegal,
this court is obliged to difcharge the
prifoner, as well as if he had been illegally
imprifoned by any other court •, the Houle
of Peers is a high court, but the King's
Bench hath ever been intruded with the
liberty ofthefubjeft, and if it were otherwife
in cale of imprifonment by the Peers, the
power of the King was lets abfolute than
the power of the Lords.

It does not appear but that this commit-
ment was for breach of the privilege, but
neverthelefs if it were, this court might:
give relief, as appears in Sir George Big-
more's Cafe, betore cited, and Mich. 12.
Ed. 4. Rut. 20. for the court which has
power to judge what is privilege, has alio
power to judge what is contempt of pri-
vilege ; if the Judges may judge of an
Acl of Parliament, a fortiori, they may
judge of an order of the Lords, 20. Ed.
Butcher's Cafe, where he in revcrfion.
brought an adion of waft, and died before
judgment, and his heirs brought an aftion
for the fame waft, and the King and the
Lords determined that it did lie, and com-
manded the Judges to give judgment ac-
cordmgly for the time to come-, but -by
Ryley 39, it appears that it is only an or-
der of the King and the Lords, and tliat
was the caufe the Judges conceived that
they were not bound by it, but 39. 3. 13.
and ever fince have judged the contrary if
it be admitted. For that for breach of privi-
lege may commit, yet it ought to appear
oa the commitment that that was the caule,
fur otherwife that may be called a breach,

which. .

A COLLECTIO

which is only a refofal Co anfwer to a mat-
ter whereof the Houfe of Lords is reftrain-
ecl to hoLl plea by the ft.u. of i.Hen. 4.and
for a contempt committed out of the houfe
they cannot commit for the word appeal in
the flatute extends to all mifdemeanors, as
it was relblved by the Judges in the Earl
of Clarendon's Cafe, July i66:j. If the
impnfonmcnt be not lawful, the Court
cannot remand him to his wrongful impri-
ibnment, for that would be an aft of in-
juftice, to imprifon him, De novo, Vau^ban
156. It does not appear whether the con
tempt was a voluntary aft, or an opinion,
or an inadvertency, and he has now fuffer-
ed five months imprifonment already ; falfe
imprilonmenr, is not only where the com-
mitment is unjud, but where the petition
is too long. 2 Inlh 53. In this cafe if
this court cannot give remedy, peradven-
rure the imprifonment fliall be perpetual ;
for the King, as the lav/ is now taken, may
adjourn the Parliament for 10 or 20 years.

Hut alt this is laid on fuppoation that
t'-.is feflion has continu.ince, I conceive
that the King's giving his royal affent to
il-veral laws whicii has been enafteJ, the
feffion is determined, and then their order
for the imprifonment is alio determined.
Brook Parliament. 86. Every felTion in
which the King figns bills is a day of itfelf,
a feffion of itfelf, i Car. I. 7. A fpecial aft:
is Hiade, the giving the royal aflent to fe-
vcral bills, fhall not determine the feflion.
('Tis true, 'tis there laid to be made for
the avoiding all doubts.) In the flat. 16
Car. I. There is a promife to the fame pur-
po'e, and alfo \i Car. II. 1. and 22 and
23 Car. If. 2. I, II. Ko. 7. No. i:.

By the opinion of Cook, 4 Inft. 27. the
roval affent does not deternfine, but the
authorities on 'which he relies, don't war-
rant his opinion, for firli: m the Parlia-
ment, Roll. I H. VII. Ic appears that
the royal alTcnt was given to the Aft, for
tl'e iTveifal cf. the attainder of the Mem-

Yox. I. No. 12.

N o F T R I A L S. 273

j bers of Parliament ; the fame dav it was
I given to the other bills, and the fame year
the fame Parliament affembled again, and
then 'tis probable, that the members which
had been attainted were prelent an;i not
before, 8 R II. No. 13. is only a judg-
ment in cafe of treafon, by virtue of
a power refervcd to them on the Ifatute,
25 Ed. III. Rot. Parliament, 7 H. iV. No.
29. is not an aft of Parliament, 14 Ed.
Ill, No. 7Sy. The aft is firfl: entered on
the roll, but on condition the King will
grant their other petitions, the inference
my Lord Cook makes, that the Aft for the
attainder of Queen Katherifie, -^^i H. VIII.
was palTed before the determination of the
feflion, yet it was on a judgment given a-
galnft by the commilTions of Oyer and
Terminer, and the fubfequent aft is only
an aft of confirmation ; byt Cook ouoht
to be excuied for all his r.otcs and papers
were taken from him, fo that this book
did not receive his lait hand, but 'tis ob-
fervable he was one of the Members of
the Parliament, i Car. I. When the fpe-
cial aft before-mentioned, and was m.'.de,
and no inffance can be given where an aft
was palTed ; and afterwards the Parliament
did proceed in that feflion only where there
was a precedent cgreemcnt betvveen the
King and the Houfcs -, lb I conclude that
the order is determined with the feflion,
and the Earl of Shaftibury ought to be
dilcharged.

Ayres to the fame efFeft argued. That
the warrant is not fuflicient ; for it does
net appear that it was made by the jurif-
diftion is defired in the Houfe of Peers j
for that is t cram Rege in Parliame'/itOyfo ihaz
the King and the Commons are prel'ent in
fuppofition of law, and the v\rit of Error
in Parliament is InipeHo recordo nos ccnfdio
if? advifanunto fpititualium et tanporalium^
et conimtinitatum in Parliamento fr<ediiV ex-
ijlent\ &c. it would not be difHcult to
prove that anciently the Commons did af-
A a a a fhl

274 ACOLLECTI

fifl there, and now it fliall be intended
that they were prefent j for there can be no
averment againfl: the record. The Lords
do feveral acls as a diftindt houfe, as the
'* Debating Bills," the " Enquiring of
breaches of privileges," and the warrant
in this cafe being by the Lords fpiritual
and temporal, cannot be intended other-
wife, but that it vvas done by them in
their diftinft capacity, and then the com-
mitment being during the pleafure of the
King and the Houfe of Peers, it is manifefl
that the King is principal, and his pleafure
ought to be determined in this Court.

If the Lords fhould commit a great rai-
nifter of ftate, whofe advice is necefiary
for the King and the realm, it cannot be
imagined that the King fhall be without
remedy for his fubjeft, but that he may
have him difcharged by his writ out of this
Court.

This prefcnt recefs is not ordinary ad-
journment •, for it is entered in the Journal
that the Parliament fhall not be afiembled
at the day of adjournment, but adjourned
or prorogued to another day, if the King
do not fignify his pleafure by Proclama-
tion.

Some other exceptions were made to the
return.

1. That no commitment is returned, but
only a warrant to the conftable to receive
him.

2. Tlie return does not anfwer the man-
date of the writ; for that it is to have the
body of A. E. of S. and the return of
warrant for the imprifonment of A. Afliley
E. of S.

Serjeant Maynard argued to maintain
the return ; " The Houle of Lords is the
fupream Court of the realm ; 'tis true this
court 5s fuperior to all courts of ordinary,
jurildlftion i if this commitment had been
by any inferior Court, it could not have
been maintained •, but the commitment is
by a court that is not under the controul

ON OF TRIALS.

I of this court; and that court is in law,
fitting at this time, and therefore the ex-
prefTing the contempt particularly, is a
matter that continues in the deliberation of
that court: 'Tis true, this court ought to
determine what the law is in every cafe that
comes before them, and in this cafe the
quellion is only, whether this court can
judge of a contempt committed in Parlia-
ment during the fame fefiion of Parlia-
ment, and difcharge one committed for
fuch contempt. When a quefiion of pri-
vilege arifeth in an accord dependmg in
this court, the court may determine it ;
but now the queftion i-. Whether the
L,ords have capacity to determine their own
privileges, and whether this court can con-
troul their determination, and difcharge
during their lefijon a Peer committed for
contempt. The Judges have often de-
manded what the law is, and hovj a ftatute
fliouid be expounded of the Lords in Par-
liament, as on the Statute of Amend-
ments, 40 Edw. IIL 34. 6. 8 Co. 157,
and 158. a fortiori. The Court ought to
demand their opinion, when a doubt arifeth.
on an order made by the Houfe of Lords
now fitting."

As to the determination of the imprifon-
ment, doubtlefs the pleafure of the King
is to be determined in the fame Court
where the judgment was given.

As to the determination of the fcffion^.
the opinion of Cooke is good law, and the
addition of promifes of many ads, is only.
in majorern catitelarn.

Sir l-yilL Jor.es^ Alt. Gen. To the fame
effc61:, as to the uncertainty of the commit-
ment, it is to be confidered that this cafe
differs from all other cafes in two circum-
llances : 1. Tlieperfon which is committed .
is a Member of the Houfe by which he is
committed (I do not take upon me to fay
that the cafe would be different if the pt^r-
fon committed were not a Peer.) 2. The
Court that does commit is fuperior to this

Court

A COL LECTIO

Court, and therefore if the contempt had i
been particularly fliewn, of what judgment '
foever this Court fiiould have been as to the
contempt, yet they would not have dif-
charged the Earl, and thereby take upon
them a jurifuidion over the Houfe of
Peers.

The Judges in no age have taken upon
them the judgment oi what is Ltx et con-
fuetudo Parliamenti ; but here the attempt
is to engage the J udges to give their opinion
in a matter whereof they might have re-
fund to iiave given it. If it had l)een de-
manded in Pariiamenr, 'tis true, if a writ
be brought where privilege is pleaded, the
Court oug.'.t to judge of it as an incident
to the fuit whereof the Court was poilefled ;
but this will be no warrant tor this Court to
a.Tume a juiignitnc of an original matter
ari ing in Parliament, and that which is laid
of the Judges power to expound ftatuces,
can! ot be denied.

But it is not applicable to this cafe-,
by the iame rcafon that this commitment
is queftiop.ed, every commitment of the
Houfe of Commons may be likewife quef-
tioncd in this court. It is objected, that
there would be a failure of jullice if the
Earl fliojld not be difcharged -, but the
contrary is true j for, if he be d)lcharged,
there would be a failure of jufiice for of-
fences in Parliament, and therefore the
Earl would be dilcharged from all manner
ot pundhment for his offence, if he be dif
ehargeti (for I.e muft be difcharged or re-
manded ; for the Court cannot bail but
where they have a jurifdidtion of the mat-
ter) and lo delivered out of the hands of
the Lords, who only have power to puniPn
him.

It is objeCled, that the contempt is not
faid to be committed in the Houle of ['eers,
but it may well be intended to be com-
mitted there •, for it appears he is a Mem-
ber of that Houfe, and that the contempt
WAS a^ainft the Houle ; and belides there

N F T R I A L S. 275?

are contempts whereof they have cogni-
zance, though they are committed out of
the Houfe. It is objected, that 'tis pofTi-
ble this contempt was committed before the
general pardon ; but furcly fuch injuftice
fhall not be fuppofed in the fupreme court,
and it may well be fuppofed to be com-
mitted, during the feiTion in which the
commitment to prifon was.

It would be great difficulty for the Lords
to make their commitments fo exact and
particular, when they are employed in the
arduous affairs of the realm; and it has-
been adjud ed on a return out of Chancery,
of a commitment for a contempt againlt a
decree that it was good, and yet the decree
was not fliown.

The limitation of the imprifonment is
well, fur if the King or the Houfe deter-
mine their pleafure, he Ihall be difcharged,'
tor then 'tis not the pleafure of both that
he fhould be detained, and the addition of
thofe words " during the pleafure," is no
more than was before implied by the law;
for if thofe words had been omitted, yet
the King might have pardoned the con-
tempt, if he had but exprefled his pleafure
under the broad feal. jf a judgment be
given in this court, that one ihall be im-
priibned during the King's pleafure; his
pleafure ought to be d. termined by pardon,
and not by an aft of this court, fj that the
King would have no prejudice by the im-
prifonment of a great Viinifter, becaufe he-
could diicharge hiin by a pardon. The
double iimiiation h for the benefit of the
prifoner, who ought not to compLiin of
the duration of his impriiimmenr, fmce lie
has neglefted to make application for hij
difcharge in an orderly way.

1 confefs by the determination of the {t'^-
fion, the orders made the Uimc kllion are
difchared, but I flialj not affirm whether
this prefent order will be dilrharged or no,
becaufe it is a judgment. But tins i, not
the prefent cafe, for the feflion continues

liotwithlfanding

zjb

A COLLECTION of TRIALS.

rotwIthftanJing tl.e royal ailcnt given to
fi-veral bills, according to the opinion of
Look and all the Judges. Hutton 6i, 62.
t.very provifo in an Act of Parliament is
not a determination of what was the law
before ; for they are often added for the
iatlsfadion of thofc that are ignorant of the
law.

I'urner Solicitor Gen. To the fame tffeiff,
in the great c-d\ii of Mr. Selden, 5 Car. 1.
the warrant was for notable contempts com-
mirced againlt us and our goverrment, and
ilirrjno; ip fedition ; and although that be
almofTas general as that in our cafe, yet
ro objection was made to it for that caufe in
any of the arguments, Rufhworth's Col-
Icftions, iS and 19, in the appendix. But
I agree that this return could not have been
maintained if it were out of an inferior
court, but during the fcfiion this court can
take no ccgn zance of the matter, and the
inconvenience would be great it the law
•were taken otherwife; for this court might
judge one way, and the Houie of Peers
another : which doubtlefs would not be for
the at^vantage and benefit of the fubjeft.
For the avoiding of this mifchief, it was
agreed by the whole court in the cafe ot
Barnardiftcn and Somes, that the accord
for the double return could not be brought
in this court uni il the Parliament had de-
termined the right of eleftion, 1 ft tliere
fhould be a difference between the judg-
ments of the courts.

When a judgment cf the Lords comes
to this court, though it be cf a reverfal o\
a judgment of this court, the court is ob-
liged to execute \i ; but their judgment
was never examined or correfted here. In
the cafe of the Lord Mollis, it v^as re-
folved that this court had no jurildidion of
a m.ifdemeanor committed in Parliament-,
when the Parliament is determined, tl.e
Judges are the expoiitors of the adts, ai.d
are intrufted with th: lives, liberties, and
fortunes of the iubjtdV, and if the ft.Hlon

were determined, the Earl might apply
himfelf to this court, for the fubjefl lliall
not be without a place, where he may
refort for the recovery of his liberty, buc
this feffion is not determined: For the molt
part the royal afTent is given the lall day,
as faith Piowdcn, Partridge's Cafe; yet the
giving the royal afient, does not make it
the laft day of Parliair.ent without a fubfe-
quent refolution or prerogative, and the
court judicially "takes notice of prorogation
and adjcurnnienrs of Parliament. Cro. _
'Jac. III. Ford verfus Hunten^ and by con-'
iequence no order is difcontinued, but
remains as if the Parliament were ^dually
affembled. Cro. Jac. 342. Sir Chr. Hr.u-
den's cafe, fo that the Earl ought to apply
hi.mfclf to the Lords, who are h's proper
Judges.

It ought to be obferved. That this
attempt is PriwiS fmpreJpC'Kis, and though
Imprifonment upon contempt hath been '
frequent by the one and the other Houfe,
till now no perfon ever fought inlargement
here: The court was obliged in juftice to
grant tl;e llcbeus Corpus, but upon the
whole matter being difcloled, it appears
upon the return, that the caule belongs
ad aliud examen ; they ougiit to remand the
party.

As to the limitat'on of the imprifonment,
the King may determine his jle.iiure by a
pardon under the gr^-^at feal of England, as
in the cafe of Reifigcr and Fkgq^a, Plow-
den 20.

As to the exception th:.t no commitment
is returned, the Conllahle can only fliew
wh.t concerns 1 i nlelf, which is the wanant
to him diretfed ; and the writ does net

requiie him to return any

thin

e eiie.

As to your exception, that he is other-
wife named in the commitment ihan in the
writ : 'I he writ requires to have ti.e body
of A. E rl of S. fihicanqt'.e noniiic Cenfcatitr
in the commitment.

Afttr

A COLLECTION of TRIALS.

277

After this, my Lord Shaftfbury made a
Speech -, the Tubftance thereof fol-
loweth.

My Lords,
I DID not intend to have fpoke one
■word in this bvifinefs, but fomething hath
been obj rifted, and laid to my charge by
the King's council, Mr. Attorney and Mr.
Solicitor, that enforceth me to fay fome-
thing for your better fatisfadtion. They
have told you that my counfel in their ar-
guments laid, That this court was greater
than the Houfe of Peers, which I dare to
appeal to your Lordfhips and the whole
court, that it was never fpoken by them,
1 am lure was not by any directions ot
mine. What is done by my counfel, and
by me, is. That this is the mofl: proper
court to relbrt unto, where the liberty of
the fybjecl is concerned. The Lords
Houfe is the fupreme houfe of judicature in
ihc kingdom; but yet there is a jurif-
diclicn that the Lords Houfe does not
meddle with. The King's counfel hath
mewioned, as a wonder. That a member of
the Lords Houfe fhould come hither to
dlminifli the jurifdiclion of the Lords. I
acknowledge them to be fuperior to this,
or any other court, to whom all appeals
and writs of error are brought •, and yet
there arc jurifdiffions that they do not
challenge, and which are not natural to
them, or proper for them. They claim
not to meddle in original caufes, and fo I
might mention in other things ; and I do
not think it a kindncfs to any power or
body of men, to give them fome power
that are not natural or proper to their con-
ftitution. Ldo. not think it a kindnels to
the Lords to make them abfolute and above
tlie law, for lb I humbly conceive this muft
do, if it be adjudged that th'-y by a general
warrant, or without any particular caufe

aSisned,
Voul

do com.mit
No. \z.

me, or any other

man, to a perpetual and indefinite impri-
fonment: And, my Lords, I am not fo in-
confidcrablc a perlon, but what you do in
my cafe, mult be law for every man ia
England,

Mr. Attorney is pleafed to fay, I am a
member of the Lords Houfe, and to lay
weight on the word Member, It is very
true, I am one of them, and no man hath ■
a greater reverence or efteem for the Lords
than myfelf ; but, my Lords, I hope my
being a peer, or a member of either Houle,
fhall not lofe my being an Englifnman, or
make me have lefs title to Magna Charfa,
and the other laws of Enghfla liberty.

My opinion is not with one of my coun-
fel, who argued very learnedly, That the
pafTing an ad b/ the King's royal affent can
make a lefTions, becaule the ufual promift;
was not in ir. It was without any in-
ftrudion of mine to mention that point.

The King's counfel tells your Lordihips
of the laws and cuftoms of Parliament;
and if this was fo, I (houid fuomit : But
this cafe of mine is Priniie Imprejfionis, and
is a new way, fuch as neither Mr. Auorney
nor Mr. Solicitor can fhcw any precedent orj .
and I have no other remedy nor place to
apply to than the way ] take.

Mr. Attorney confefieth that the King's ■
plejifure may pleafc me without the Lords.
If fo, this court is Coram Rcge. This
court is the proper place to determine the
King's pleafure. This court will and
ought to judge of an act of Parliamenc
void, if it be againlt Magna Charta, much
more may judge an order of the Houfe;
that is pur in execution to deprive anv
fubjed of his liberty. And if this order of
commitment be a judgment, as the King's'
counfel afHrms, then it is out of the Lorc3 '
hands, and properly before your Lordihips,
as much as the ads which were lately
pafled, which I prefume you v/ill r.ct refufe
to judge of, notwiilaltanding that the
King's Attorney General faith that this Par-
B b b b ^ lu;iioai; .

■t!iiii_a il! fhp.c Mr. Aunriicy ttlis mc I nv^hi

A CO L L EC T I O N of T R I A L S.

Hill iii b( inp-. I take ir fume- Tlie court c!clivc-rfd their Q;in:ori/(jnV,'/>ffr

..Sir Iho. Jones^ Juiticc, Such a return
made hy an OJcJinary courrof.iiiltiLf, would
have, been iii and uncertain •, t.uc the caule
is ciiffereiit \\'hen it comes betore tliis hiih.
court, to whicii I'o mXich relped has bteii
J\ir, or iin I'"iie|,fiinia[n3 there i.s fouu thing 'paid by our predectfTors that tliry h.avc
in ny hreall that wiU never fufivi' rr,e t<> ! deferred the determination of doubts con-
.I'e; arr tVo:-;! the duty and rdpedl tliar I owe ; ceived on an ad: ot Parliamenr, until they
.I'ini^ lut I am licrc, before hinr, he is ! liave received the advice of th.e Lords : and
_ti\ wiys iuppoled to be.iierepreit nt, and lie | now, inllead thereci', it is demanded of us

have jippli'ed el!ewhc-re.

"Viv 1. ordc, I have ..not .omitted what
■hi-c..;rc r'l'.v dury tov.'ards the Kino-,; fcr
b'lidtfs the o.iih ct ailecriancc I took as a

alio'Actn.h'.s.iiibjecls.the l.iw.

My .Lords, they Ipealc much of the
cullom of i'ailian-ent -, but I do r.ffirm to
'\ou, tlv-re is no cuftom oi Parliament that
c er t!ieir_membcrs uerc put out of their
^ovn power-, and tiie inconveniences of it
uili be endiefs.

Tvlr Attorney was pleafed eafily to an-
fwer the objedion of one of mycounlcl ; .If
a great minifter fhould be fo committed,
he hath the i ure of a pardon, a proro-
gation, or a diiro'u'.ion : but if the cafe
Jhould be pur, why forty members, or a
gieater nuinber, may not as well be taken
.away without remedy in any of the King's
court.s, he will not io eafily anfwer-, and if
in this cafe there can be no relief, no man
can forefee what will be hereafter.

I defire your Lordfhips well to confider
v;hat rule you make in my cafe, for it will
be a precedent that in future ages may
concern every man in England.

My Lords, Mr. Attorney faith you can
cither rcleafe or remand me -, I ditter from
him in that opinion. I do not infill: upon
a releafe : I have been a prilbner above five
months already, and come hither of ne-
celTity, having no other way to get my
liberty, and therefore am very willing to
tender your Lordfliips bail, which are in
or near the court, good as any are in Eng-
land, either for their quality or eflate, and
I am ready o give any fum or number.

My Lords, this court being poffeft of
this bufinefs, I am now your prjfoner.

to conrroul tiie judgment of all the Peers
and given on a member of their own.Houfe,
and during the continuance of the lame
iefiion. Ihe cafes where the courts of
Weftminfter have taken cognizance of pri-
vilege, difier from this cafe : for in thole it
was only an incident to the cafe before
them, which was of their cogniz-ince; but
the dired point of the matter is now the
judgment of the Lords.

The courfe of all courts ought to be con-
fidered, for that is the law of the court.
Lane's cale, 2 Reft, and it has not been
affirmed. That the ufage of the Houfe of
Lords has ufed to exprel's the matter more
particularly on commitments for contempts,
and therefore I fliall take it to be according
to the courfe of Parliament. 4 Inft. 50. In
is laid that the Judges are aflilknts to the
Lords, to inform them of common law j
but they ought not to judge of any law,
cuftom, or ufige of Parliament.

The objedion as to the continuance of
the imprifonment, has received a plain
anfwer, for it fl-iali be determined by the
pleafure of the King, or of the Lords ; and
if it were otherwile, yet the King could
pardon the contempt under the great feal,
or difcharge the imprifonment under the
privy feal.

I (hall not fay what would be the confe-
quence (as to this imprifonment) if the ici-
fion were determined, for that is not the
prefent cafe : but as the cafe is, the court

can neither bail nor difcharge the Earl.

IVild

A C ()

L I.

r C T I O N OP T 11 I A L S,

279

Wild JoCv.ce. The return nj cloubc is I This couit has no iuriCdiclionj and tht-rc--
n cgal 5 but ihe qucrtion is of a point of fore he ought to be remanded. I il'.livtv

'jmifdfttion. Whether it may be exiimiiied
hi-rc ? This court can't meddle with the
tranladions of the niolt high court of Peers
in I'arliament, c'lninw the Itliion, which is
not determined -, and th.erefoie thiC certainty
or uncertainty of the return is not material,
for it is not exjminable here: but it the
fi.fl:i(,n Jiad been determined, my cpniion
•would be, that he ou^ht to be dileharged.

Rrdrisfcrd Chief Juitice. '1 his court has
-co jurifdidion of the caofe, and therefore the
form of t.he return is not confiil.rable. We
ought not to extend our jurifJiftion beyond
its due limits, and the adions of our an-
ccftors will no: warrant us in fuch an
ettempt.

The confl-quence would be very mif-
chievous if this court fliouid deliver a
Member of the Houfe of Peers and Com-
mons who are committed, for thereby the
bufineis of Parliament may be retarded ;
for it may be the commitment was for evil
behaviour, or undecent refledtions on other
Members, to the difturbance of the affairs
of Parliament.

The commitment in this cafe is not for
fafe cuftody, but he is in execution of the
judgment given by the Lords for the con-
tempt ; and therefore if he fliould be
bailed, he would be delivered out of exe-
cution ; for a contempt in facie ciiriie there
is no other judgment or execution»

no opinion whether it would be otherwifc m
cafe of a proro<;ation.

.'/"ix'/y^i-/? Juliice, was abfenr, but he de-
firfci Juilicc Junes to dceiaie tfiat his opt-
nicn wa^ That the party ouglit lo be re-
manded.

And lb he v/as remanded by the court;
and he w->s accordingly fent back to tlic
Tower, where he remained feven months
longer, and then was difcharged on ma-
king his lubmiffion in the Houfc of Peers,
His offence was, his affirip.ing. That
the Houfe was difTolved by having been
prorogued for above a year ; in which
notion the Duke of Bucks, the Earl of
Salifbury, and the Lord Wharton, con-
curred, and were all fent to the Tower for
afferting it ; but the reft acknowledging their
error, were foon difmifled ; while Shaftef-
bury, for perfevcring in that notion, drew
upon himlelf the refentment of the court,
as well as of the Houfe, and was continuecl
a year in prifon.

This cafe of commitments by either
Houfe, feems now to be fully fettled :
Where eitiier Houfe commits any of their
refpedive Members, the King's-Bench will
neither dilcharge or bail them during the
feflion ; but on a prorogation, or dif-
folution, the perfons lb committed are dif-
charged of courfe.

The

2-So

A COLLECTION of TRIALS.

The Trial of PHILIP, Earl of Pembroke and Montgomerv, before the

Peers, in Weftminfter- Hall, on Thurfday the 4th of April, 167

ABOUT nine of the clock the prifoner
wiih his guard came from die Tower,
with the ax before him, and went into the
Dom appointed for him. Between the
hours of eleven and twelve at noon, the
L,ords, Judges, and afllCtants of the Houfe,
came in order, two and two, from the
Houfe of Lords, to the court erefted in
Wen minfter- Hall, with four maces before
them, and before the Lord High Steward
finir more, befides his own Serjeant and
Purfe-bearer, with Garter King at Arms,
and the Deputy Black-rod bearing ihe
white ftaff. After obcifance made to the
throne, each Lord, and the others, took
their places, the Serjeants, with their maces
ercd, kneeling, four on each fide of the
throne.

Then the Clerk of the Crown in Chan-
ceiy on the right hand, and the Clerk of
the Crown in the King's-Bench on the
left hand, making three reverences to the
Lord High Steward, came up to his feat,
and there both kneeling, the Clerk of the
Crown in Chancery delivered die commifiion
tor the office of High- Steward (pro hac
lice) to his Grace, who delivered it to the
Clerk of the Crown in the King's-Bench to
read, and then, they both m the fame man-
ner went bac'c to their leats at the table.

Then the Clerk of the Crown in the
King's-Bench faid as followeth.

C/erk oj thi Croivn. Serjeant at Arms
»ial.e proclamation.

Serjeant at Arpu. O yes, O yes, O yes :
My Lord High Steward of England llraitly
cliar^cth arid comnicindtth all manner of
pcrfons ht;e all'embkd, to keep fiUnce,

and give ear to his Majcfty's Commifllon,
unto my Lord High-Stewani,. his Grace
directed, upon pain of imprifonment.

Then all the Peers and afTilliants Handling
up, and uncovered, he read the commilT
fion in hiec verba.

Clerk of the Croivn. Carohis, &c.

Serjeant. God fave the King.

Then Garterand theUflier that held the
ftaff, making three reverences to !,i^ Grace,.
Garter on his knees prelenttd him the
white ftaff, which his Grace delivered to
the Ufher, who likewife kneeled to bold
the fame, during the reft of the cercmonv.

Clerk- of the Cro-wn. Serjeant at Arms
make proclamation.

Serje-<rt. My Lord High-Steward of
England, his Grace ftraitly clurgeth and
conimandeth all manner of perions here
prefenti to be uncovered, . upon pain and
peril Ihal! fall thereon.

1 hen the Clerk read the Ceriipii to the.
commiffioners, before whom the indidlrnenc
was found, to return the fame into the
Hoiile of Lords, vvitli the return in hiCi:
licrhci.

Clerk of the Croivn. Carclus, &rc. Virtute,
&c. Serjeant at x*\rm,s make prcchimation.

Serjeant. O yes : Conifable of the Tower
of London return thy precept and writ to
thee diredled, and bring fortli tliy priloner,
Philip, Earl of Pembroke and Montgo-
mery, on p;dn and peril fhall fall thereon.

The Conltable of the. Tower cf London
being a P<^er, by Sir John Robinfon his
Lieutenant returned his precept, and with
the ax borne on his left hand, the edge
froai him, the.Eail of Pembroke was

brought.

A COLLECTION of TRIALS.

2S1

brought to the bar, the Lord High-Stew-
ard of England having then ordered the
Judges to be covered, fpake to the pri-
foner as followeth.

Lord High Steward. My Lord of Pem-
broke your L,ord(liip is now brought before
this great afiembly in order to your trial,
wherein you have to maintain all that can
concern you in this world, your eftate, your
honour, and your life itfelf There is no
lefs a crime charged on you, than the mur-
ther of one of the King's fubjedts, and
this is not charged on you by common
voice and fame, nor by the growing ru-
mour of the. multitude, but by the grand
inquefl: of this county, which was made up
of gentlemen of good quality and con-
fideration. Though all this amount to no
more than a bare accufation, (for God
forbid that they who neither did nor could
hear the evidence on both fides, fnould
any way prejudge your trial by their partial
examination) yet it hath produced the pre-
fentment of fuch a crime, as is attended
with extraordinary and unufual circum-
ftances.

And now for this fadl your Lordfhip is
to be tried in full Parliament, and your ar-
raignment is to be made as full and as fo-
Icmnly as is poffible. The King (who will
have a ftri£t account of the meaneft of his
fubjefts, by whomfoever it is flied) hath
for this purpofe appointed an High-Stew-
ard : And now your Lordihip is to be tried
not by a feleft number of Lords, but by
the whole Houfe of Peers, whom are met
together to make inquifition for this blood.

Doubtlefs the fliume of being made a
fpeftacle to fuch an afiembly as this, and
the having a man's faults and wcakneffcs
expofed to the notice and obfervution of
fuch a prefcnce as this is, to a generous
mind mull needs be a penance worle than
death itfelf; for he that outlives his own
honour, can h;ive very little joy in wHat-
foever elic he lives to poflels.

Vol. I. No. 12.

In fuch a flate and condition as this is,
it will be very fit for your Lordfliip to re-
collefl yourielf with all the care and
caution you can ; it will be necefTary for
you to make ufe of the bed temper, and
the beft thoughts you. have, when you
come to make your defence; let not the
difgrace of {landing as a felon at the bar,
too muft deje£t you ; no man's credit can
fall fo low, but that if he bear his fliame as
he fhould do, and profit by it as he ought
to do, it is in his own power to redeem his
reputation. Therefore let no man defpair, .
that defires and endeavours to recover him-
felf again, much lefs let the terrors of juftice
aff^right you ; for though your Lordfhip
have great caufe to fear, yet whatever may
be lawfully hoped for, your Lordfhip may
expedl from the Peers.

It is indeed jull caufe of dreadful appre-
henfions, when you confider how ftritl: and'
impartial the judicature is which you fland'
before, and how impoITible it is that any
confideration of your Lordfhip's relation or
family, fhall have any kind of ingredienc
into their Lordfhips judgment ; nay, yoa
have caufe to fear all this will m.ake againft
you, when you confider how the quality of
the offender doth aggravate the crime.

You have leafon to fear and be difmayed'
again, when you confider how fevere, and'
how inexorable the rule of law is, in the
cafe of blood ; and how certain it is that
the Lords v/ill make that rule of law the
meafure of your life or death : But yet, my
Lord, there are other confiderations that,
may fupport you.

Your Lordfhip may be fure that they
will receive no proof againfl you, but
direft and pofitive evidence ; it will not be-
left to any proof, but fuch proof, as by
the manifefl plainnefs of it, deferves to be-
called evidence. Intlie next place, your
Lordfhip fhall fulfer no prejudice for want
' of counfel, for vvh°re there are any ad/an-
tages that the law can give you, this court
C c c c lakc^.

A COLLECTION of TRIALS.

2^2

takes itfelf obliged in honour to put you in
mind of it ; nor can your Lordlhip fuffer
an inconvenience, by having counfel to
plead againft you, for no arguments nor
Ikill can pervert their Lordfhips juftice;
you fhall not fall by the charms of elo-
quence ; nothing fliall load or prefs you
but your own crime, and even that burthen
may be alleviated, if there be any room for
an abatement, fo far as it doth not contra-
did what they owe to the King, to them-
felves, to the law, and to the juftice of the
kingdom.

Hearken therefore (my Lord) to your
indidment with patience and attention,
give no interruption to the counfel or wit-
nelTes that fpeak againft you, and referve
what you have to fay for yourfelf till the
time come, when your witnefles fliall be
examined, and you make your defence, of
which I will give you notice. And this
you may rely upon, that when you do
come to fpeak for yourfelf, you fhall be
heard with as much favour and candor as
the matter will bear; and when my Lords
have heard all that can be faid on both
fides, doubtlefs their Lordfhips will give
fuch a judgment in the cafe, as is fit for
you to receive, fuch a judgment as be-
comes this great court, and fuch a judg-
ment as is fuitable to that known equity,
which their Lordfliips do always obferve in
all tiieir proceedings.

Lord High-Steward. Read the indifb-
ment to my Lord.

Clerk of the Crown. Philip Ear! of Pem-
broke and Montgomery, hold up your
hand.

Which he obeyed by holding up his
right hand.

CI. of Cr. You ftand indided by the
name of Philip, Earl of Pembroke and
Montgomery, late of the parilh of St.
Martin's in the Fields, in the county of
M:ddlefex, fur that you not having the
fear of God before your eyes, but being

moved and feduced by the inftigation of the
devil, the 4th of February, in the 30th
year of the reign of our Sovereign Lord
Charles the Second, by the grace of God,
of England, Scotland, France and Ireland,
King, Defender of the Faith, &c. with
force and arms, at the parifh aforefaid, in
the county aforefaid, in and upon one
Nathaniel Cony, Gent, in the Peace of
God, and of our faid Sovereign Lord the
King, then and there being, felonioufly,
voluntarily, and of your malice forethought,
did make an afiault •, and that you the faid
Philip, Earl of Pembroke and Montgo-
mery, with the right fill of you, the faid
Philip, &c. the faid Nathaniel Cony, in
and upon the left part of the head of the
faid Nathaniel Cony, then and there felo-
nioufly, wilfully, and of your malice
aforethought, did ftrike and bruife, and
him the faid Nathaniel Cony, with your
I'ight fill aforefaid, did beat and throw
down to the ground •, and that you the
iaid Philip, &c. the faid Nathaniel Cony
lo lying upon the ground, in and upon the
head, neck, breaft, belly, fides and back,
of him the faid Nathaniel Cony, then and
there felonioufiy, wilfully, and of your
malice before-thought did ftrike and kick,
by reafon of which faid kicking and
bruifing of the faid Nathaniel Cony, on the
faid left part of the head of the faid Na-
thaniel Cony, with the faid fift of you the
faid Philip, &c. and of the beating and
throwing him to the ground aforefaid ; and
alfo by reafon of kicking of the faid Na-
thaniel Cony with the faid feet of you the
faid Philip, &c. on the head, neck, breaft,
belly, fides and back of the faid Nathaniel,
he the faid Nathaniel Cony, from the afore-
faid 4th day of February in the aforefaid
year, to the 10th of the fame month of
February, in the parifli aforefaid, did lan-
guifh, and languifliing did live; on which
laid loth day of February in the year
aforefaid, he the faid Nathaniel Cony, of

the

A COLLECTION

the ftriking and bruifing, beating and
kicking, died ; and fo you the faid Philip,
&c. the faid Nathaniel Cony, at the pariih
aforefaid, in the county aforefaid, in man-
ner and form aforefaid, felonioufTy, volun-
tarily, and of your malice forethought, did
kill and murther, againft the peace of our
faid Sovereign Lord the King, his crown
and dignity. How fay you, Philip, Earl
of Pembroke and Montgomery, are you
Guilty of this felony and murther whereof
you ftand indided, or Not Guilty ?
E. of Pemb. Not Guilty.

Culprit, How will you be

TRIALS.

Cr.

a. of

tried ?

E. of Pemb.
a. of Cr.

, By my Peers.
God fend you

a good de-

liverance. Serjeant at Arms, make pro-
clamation.

Serj. O yes, If any one will give evi-
dence for our Sovereign Lord the King,
againft Philip, Earl of Pembroke and
Montgomery, the prifoner at the bar, let
them come forth, and they fhall be heard,
for the prifoner ftands at the bar upon his
deliverance.

Then Sir William Dolben, Knt. the
King's Serjeant at Law, Recorder of the
City of London, opened the indiflment
thus :

Sir William Dolben. May it pleafe your
Grace, my Lord High-Steward of England,
and the reft of my noble Lords.

Philip, Earl of Pembroke and Montgo-
mery, ftands indided, for that he, the
4th day of February laft, in the parifli of
St. Martin's in the Fields, in the county
of Middlefex, of his malice forethought,
did make an affault upon one Nathaniel
Cony, in God and the King's peace there
being ; and that he the faid Philip, Earl,
&:c. with his right fift, on the left part of
the head of the faid Nathaniel, then and
there feloniouQy did ftrike and bruife, and
with his right fift aforefaid, him did caft
and thrown down to the ground, and being

OF T R 1 A i. S. 283

fo on the ground with his feet did kick
and ftrike, of which faid ftriking, bruifing,
and kicking, the faid Nathaniel Cony, from
the faid 4th of February, to the loth of
February following, did languifli, and then
died ; and fo the jurors do upon their
oaths fay. That the faid Philip, Earl of
Pembroke, &c. the faid Nathaniel Cony,
at the parifh and county aforefaid, felo-
nioufly, wilfully, and of his malice fore-
thought, did murther, againft the King's
peace, his crown and dignity. To this in-
didtment the Earl of Pembroke hath plead-
ed Not Guilty, and put himfelf upon his
Peers for his trial : We who are of counfel
for the King, ftiall produce our evidence
to confirm this accufation, with what it is,
and of what nature, his Majefty's Attorney-
General will acquaint your Grace, and the
reft of you my noble Lords.

Then Sir William Jones, Attorney-Ge-
neral, (who being called by writ, as
afTiftant to the Houfe, was within the bar)
opened the evidence to this efteft.

Att. Gen. May it pleafe your Grace, my
Lord High-Steward of England, and the
reft of my noble Lords •, Philip, Earlof
Pembroke and Montgomery ftands here in-
difted for the murther of Nathaniel Cony :
That my Lord of Pembroke was the caufe
of his death, I humbly conceive will need
very little queftion before your Lordftiips,
for we have fuch proof that it was his hand
threw bim down, and his feet that trod
upon him and kicked him, which was the
caufe of his death, that it cannot be
denied : but whether or no this killing
amount to murther, may be a matter of
further controverfy ; and I hold it my duty
to acquaint your Grace and my Lords,
what the proof is, and then what we have
to offer to prove it to be an offence even of
this nature.

My Lords, I know to maintain an indidl-
ment of murther, there muft be a proof of
malice i but the law is plain (your Lord-

fliips

2^4 A C O L L E C T I

fhips know it, and my Lords the Judges
will tell it you) that there are two forts of
malice, the one is malice expreffed, and
that is when a man can be proved to have
borne before hand an ill will and hatred to
the pcrfon he killed ; this fort of malice we
pretend not to be in this cafe : But there is
another fort of malice, Vt'hich alio in law
gives the denomination of murder to the
killing of a man, which is malice implied,
when any onefliall without any provocation-
given by the party flain, bring another by
violence to his death : For our law fup-
pofeth, and that upon good ground, that
no man without a provocation would kill
his brother, unlefs he had malice to him
before-hand ; and that is the malice that
falls out to be the ingredient of this cafe,
for the poor unfortunate gentleman that
•was killed, did not for ought that did
appear to me, (and I have had all the proof
given at the Coroner's inqueft under my
examination) give the leaft provocation to
this noble Lord. Some have thought that
a perfon might be guilty of malicious
murther, though the party killed had
given the murtherer a blow ; but I fliall
not contend for fo ftrift a conftruftion of a
provocation, for there was not in this cafe
a blow fcruck, no nor an angry word
given : all that I can find came from Mr.
Cony, was, to complain that a friend of
his that came into the company with him,
was turned out of doors •, and fure fuch a
thing will never be taken to be a pro-
vocation, at leaftwife fuch a one as will take
away malice implied. I fhall now (my
Lord) give your Lordfliips an account of
the nature of our evidence, as to the fadt,
and that (my Lords) in fnort ; for as I fliall
not ufe any aggravation above what the
caufe requires, fo I fliall not tire your
Grace, and my Lords, with any long
.pcech, but barely open the evidence, and
tell you in fliort what will come in proof
before you.

ON OF TPvIALS.

It was on Sunday the 3d of February,
that my Lord of Pembroke and his com-
pany v/ere drinking at the houfe of one
Long in the Kay- Market, (I am lorry to
hear the day was no better employed by
tliem) and it was the misfortune of this
poor gentleman, together with one Mr.
Goring, to come into this houfe to drink
a bottle of wine-, my Lord of Pembroke
faw them coming in, and knowing Mr.
Cony, was very importunate with him to
join company : he at firft refufed, becaufe
of his friend, and told his Lordfnip they
had bufinefs together ; but no denial lie
would take, and lo at laft ihey did go into
my Lord's room. After fome diftance of
time, when it was near twelve of the clock
at night, there fell out a difference between
my Lord and Mr. Goring, (the gentleman
that came in with Mr. Cony) who (itfeems)
gave my Lord of Pembroke fome v.ord?,
which provoked him to exprefs his diftafte
of them, by throwing a glafs of wine in his
face ; which injury Mr. Goring fo far re-
fented, as that he was about to draw his
fword, but was prevented by Jome of the
company, and put out of the room to avoid
further mil'chief. This gentleman Mr.
Cony that was killed, was not at all con-
cerned in the matter of the difference, but
only defired to go out of the room, that he
might look after his friend who was thruft out
of doors. He knew not why, (without any
provocation, as you will hear by and by) my
Lord of Pembroke falls upon him, itrike.5
him with one blow to the ground, and
when he was there trod upon him on his
back, on his belly, on his fide, and kicked
him, fo that the poor gentleman fell into a
fwcund, and was after fome time, with
fome difficulty brought to himfelf again :
after they had perceived there was life in
him, they lifted him up, and laid him
down on ibme chairs that were in the room,
and thinking too much had been done by
them already, they take their leaves of him,

and

A COLLECTION of TRIALS.

and commit him to the care of the drawer.
Me was not (as it (hould fcem) fo carefully
attended by the drawer, whofe ignorance
could not look after him as his conditon
required, and fo fell down off the chairs
again divers times. After fome time, early
in the morning, he was carried

2^5

away m a
fedan to his own lodging, and being there
put to bed, as he grew a little more and
more recovered out ot his ftupefaftion, fo
he grew more and more in pain, and
fent for doftors and chirurgeons to con-
fult with, by whom he had all the means
ufed that was polTible to have faved
his life •, but it proved there was fo
much blood forced our of his veins, and
gathered into one place of his body, by
thofe blows and bruifes, that he could not
be recovered, and fo after a weeks time
pafled in intolerable pain, died : But yet
all the time of his dying, and even con- i
ftantly to his death, he did complain that
it was my Lord's bruifes brought him into
that condition. It will alfo be proved,
that after his death, upon view of the body
by the coroner and his jury, there was the
appearance of thofe blows and abufes, by
broad bruifes in feveral parts of the body,
and this fome of the jury will teftify.
This in fhort is the matter of the evidence,
which we fhall briefly prove, and then
fubmit it all to your Lordlhips judgment.

L. H. St. Call the witnefles together,
and fpeak out Mr. Attorney.

yfi:. Gen. Thofe we fhall call firft are
Mr. Henry Goring, Mr. Richard Savage,
Mr. John Shelly, and Capt. Fitz Patrick.

CI. of Cr. The evidence which you and
every one of you fhall give for our Sove-
reign Lord the King, againft Philip Earl of
Pembroke and Montgomery, the prifoner
at the bar, fhall be the truth, the whole
truth, and nothing but the truth : So help
you God.

L. H. St. Mr. Attorney, whom do you
begin with ?

Jtt. Gen. Mr. Henry Goring.
Vol. I. No. 13.

L. II. St. Stand forward. Goring.
y^it. Gen. Pray Sir acquaint my L,ords of
the manner of your coming with Mr. Cony
to Mr. Long's, and what happened there.

L. II. St. Sir, you mult fpcak fo loud
that I may hear.

Goring. May it pleafe your Grace, Mr.
Cony and I did on Sunday the 3d of Fe-
bruary laflr, dine in the city, we flayed
very late there, and I muft ingenuoufly
confefs, we had drank more than was fit for
us to have done -, after that (if it pleafe
your Grace) I offered to fct down Mr.
Cony at his lodgings, but he was fo very
ceremonious, that he would fee me at
home ; it feems Long's houfe, the tavern
in the Haymarket, was in the way, and
Mr. Cony would needs have us drink ano-
ther bottle of wine e're we parted : It was
late, and the door fhut, but we knocking
pretty hard for admittance, did get it
opened, and as foon as the door was
opened, Mr. Cony went towards the bar,
and made fome noife, being in drink ; my
Lord of Pembroke was then in a low room
in the houfe, and knowing Mr. Cony, (as
I thought) came and aflced him, if he
would come in and drink with him ; he
replied, My Lord, I am with a friend,
and we have fome bufinefs together : At
length my Lord afked me very civilly to
come in, and we did after fome time come
in, and when we were in, my lord drank
to me, as I remember, and we flood round
the table a-while, and at laft fate down in
fome chairs, for we were not fo much our-
felves as to be able to fland all the while;
then there was, it feems, fome difpute
between my Lord of Pembroke and me,
wherein my Lord did conceive I had done
him fome injury, and threw a glafs of wine
in my face.

Att. Gen. What kind of difcourle was
that, pray Sir ?

Goring. Truly (may it pleafe your Grace)

I cannot remember all the difcourfe, be-

caiife I was fo much in drink ac that time;

D d d d they

,286 A C O L L E C T I

they fay, it Vvas about families and play,
I cannot pofuively iay what it was •, but
after my Lord ''of i'cmbroke role up to
draw his fword, and I laid my hand on
Kline.

Att. Gen. Well Sir ; and what followed
then ?

Coring. Captain Savage ftept in between
my Lord and me, and the drawer came
buftling about, and took me and Ihoved
. me out of the room •, while I was thrufting
out I heard a noife behind me, and I fee
my Lord make fomewhat towards Mr.
Cony ; but more I cannot fay what was
-done, becaufe Mr. Savage was between my
Lord and me. When 1 was out of the
room, I found my fword gone, and my
hat and perriwig; I then made a noife at
the door, and would not go away till I had
recovered my things ; the man of the houfe
(who v\as in bed, it feems, for he was then
undreft, and in his night-gown) came and
afked me what was the matter ? I told him,
I had been in that room with my Lord of
Pembroke, where I had received fome ill
ufage, and had loft my hat and perriwig;
and they had broken a piece of my fword,
and taken it from me, which I defired to
have again ; and (laid 1) iVIr. Cony, I
doubt, is in danger, for there is quarrelling
within, and I defired to come in to lee
what they did with him.

Att. Gen. Well Sir, when you came in,
■what then ^

Goring. Upon this, the mafter of the
houfe did defire me to go into a room, and
a gentlewoman (his fifter, as I after under-
Ilood) did alfo prefs me to go into another
room, and promifed they would bring Mi-.
Cony to me ; upon which I went into a
room thereby, but it was fomething long
before I heard Irom them •, and being
under fome impatience, they at laft, came
and told me, Now, Sir, you may go in, if
you plcafe : when I came in, I found a
gentleman lying along upon the chairs, and
nobody elfe in the room ; I began to be

ON OF TRIALS.

fufpicious (for I was then, as I thought,
fomewhat foberer) that he had fome wound,
and took the candle and walked about him,
and would fain have awakened him, but
could not by all my endeavours ; the
drawer told me, he was only dead-drunk,
and would in a little time come to himfclf ;
upon whicii I defired them to lay fome
blankets upon him, and fome pillows under
him, and fet fome more chairs, to make
the place broader, that he might not fall
down ; and I ordered the drawer to be fure
to watch with him till he awaked, and
make a good fire, which he promifed to
do.

The next day Mr. Cony fent to my lodg-
ing to come and fee him, but I did not
that day, becaufe I did go out early, and
did not return till late; but the very next day
after, (being Tuefday) when I came to him,
Harry, (iaid he) I was very much abufed
the other night in my Lord's coir,pany -, I
am lorry for that (faid I) with all my heait;
and I a(l<ed him, how he came to be
abufed -, My Lord of Pembroke (faid hej
threw me down, and there fomebody trod
upon me and kicked me, and he fhall
know that he has abufed me, and that I
expeft fatisfaiftion for it, 1 hope you will
let him know fo much, and carry him a
challenge from me: Mr. Cony, (laid I)
who did tread upon you ? I know net,
(faid he) for I was in a fwound, either my
Lord of Pembroke, or fome of his creatures
for him. I never had the honour to know
my Lord of Pembroke before, nor above
one or two of the gentlemen that were with
him then in the company.

Att. Gen. Sir, had you any difcourle
with him afterwards ?

Goring. Yes, every day till Thurfday at
night.

Att. Gen. Did he complain of much
pain .''

Gorivg. Yes, conftantly in his belly, his

fides, and his ihouldcr;

Alt. Gefu

A COLLECTION of TRIALS.

287

• Att. Gen. What did he tell you was the
caufe of his death ?

Goring. He faid it was my Lord of Pem-
broke that had done him the injury in
throwing him down ; who trod on him, or
kicked him, he could not tell, but faid,
my Lord fl^iould anfwer for it to him.

AtL Gen. Do you remember what part
■he complained of mod ?

Goring. His belly.

Att. Gen. And what elfe ?

Goring. I think his fide and fhoulders.

Att. Gen. What diftance of tinie was it
between your being thruft out of the room,
and your coming in, and finding him upon
the chairs ?

Gcrin^. About half an Iiour.

L. H. St. Mr. Goring, you fay you fiiw
no ftroke given by my Lord of Pembroke
to Mr. Cony.

Goring. No truly, may it pleafe your
Grace, I faw my Lord make towards him,
but Mr. Savage was between my Lord and
me, and I was put out of the room.

L. H. St. You did not hear Mr. Cony
charge my Lord with kicking him, or
ftamping on him ?

Goring. He did not in my hearing charge
him with ftamping on him, but that he
threw him down, and that then fome one
did kick him.

Att. Gen. My Lords, we have done with
this witnefs.

L. H. St. My Lord of Pembroke, will
your Lordfliip pleafe to adc that witnefs
that fpoke laft any queftion?, for now is
your time ?

E. of P. No, my Lord.

Ait. Gen. Then we defire Mr. Savage
may be examined : Mr. Savage, pray do
you acquaint his Grace and my Lords
what you know of this bufinefs.

Savage. May it pleafe your Grace, I was
in company with my Lord of Pembroke at
Mr. Long's houfe in the Hay-market, when
Mr. Cony came in, and making a great

noife at the bar, my Lord of Pembroke
being in a lower room, looked out at the
door, and feeing who it was, n-.y L.ord
laluted him very kindly, and told him he
was glad to fee him» and defired him to
walk into his room. Mr. Cony told him
he had a friend at the door, and defired his
Lordfliip to admit him, which my Lord
embraced very kindly : And then Mr.
Cony goes to the door, and calls Mr.
Goring, defiring him to come in, and they
came together into the room ; my Lord
defired them to fit down and drink a plafs
of wine, which they did, and after fome
time falling into difcourfe, Mr. Goring
began to make ufe of fome impertinent lan-
guage to my Lord, and amongfi: the reft
told him he was as good, or a better gen-
tleman than he was.

Att. Gen. Gorins; did ?

Savage. Yes, Goring did ; upon which
my Lord threw a glafs of wine in his face,
and immediately ftept back and drew his
fword : Mr Goring was going to draw,
but I came lip to him, and tooks his fword
from hi.m, and broke a piece of it, and
upon my perfuafion my Lord put up his
fword again ; but for fear there might be
more words, I took Mr. Goring in my
arms, and Ihoved him out of the room :
And Vvhilil I was thrufling him out of
doors, I heard a noife of a buftle behind
me, and leaving the drawer to keep Mr.
Goring out, I faw my Lord of Pembroke
fiirike Cony with his right hand, who im-
mediately fell down, and then gave him a
kick ; and io upon that, finding him not
ftir, 1 took Mr. Cony being on the ground,
(J and my Lord together, for I was not
ftrong enough to do it myfelf) and laid
him on the chairs, and covered him up
warm, and fo left him.

Att. Gen. You lay my Lord ftruck him
a blow.

Savoge. Yes he did ftrike him.

Att. Gen. On what part ?

Savage.

283 A COLLECTION of TRIAL ^5.

Savf.ge. I fiippofe on the face.

yitt. Gen, You fay. Sir, my Lord of
Pembroke did kick him when he was upon
the ground.

Savage. Yes.

Jtt. Gen. D'.d he kick him once, or oft-
mr?

Savage. But once, that I faw.

Alt. Gen. Pray Sir, on what part was it?

Savage. Somewhere on the body, but I
cannot tell what part.

yltt. Gen. With what force did his leg
move ?

Savage. Not with a very great force.

Att. Gen. How high was his leg lifted
up ?

Savage. He pviflied his leg with a quick
motion forwards.

Ait. Gen. When you took him up he
was fcnfelefs, you fay •, pray Sir, how long
was it e're lie was was brought to life a-
gain ?

Savage. Two or three minutes.

Att. Gen. What means did you ufe to
bring him to himfclf ?

Savage. We chafed him over the tem-
ples, and fuch things.

Att. Gen. When he came to life again,
did he fpeak ?

Savage. He did open his eyes, but did
not fpeak.

Att. Gen. VVhat followed then ?

Savage. We laid him upon fome cl airs
gently, for his pulfe was almoft gone, that
we could feel.

Att. Gen. Did his eyes continue open after
he was revived .''

Savage. Not long •, for I afked him if
he knew me -, he feemed to fhake his
head, as if he did, and then clofed his eyes
again.

Att. Gen. Before that accident, what
condition v/as he in .'' was he able to talk.''

S -vcge. He was very -drunk, but he did
fay fomething.

Att. Gc'K What difcourft had he before
he was Itruck down .''

Savage. I cannot v;ell remember, but I
think he propofed play lo n y Lord.

Att. Gen. Why did my Lord (Irike Gony ?

Savage. I cannot tell, I was then put-
ting Goring out of the room, and hearing
the noife of my Lord's motion towards
Cony, I looked back and faw my Lord
ftrike him.

Att. Gen. What language did he ufe to
my Lord, to provoke him to it ?

Savage. I cannot tell any at all.

Alt. Gen. Did you fee Mr. Cony after
that time, and what did he then fay to
you ?

Savage. I went two davs afterwards to
fee Mr. Cony, who told me he was then
in a pretty good condition. He afl<ed me
whether my Lord had ftruck him } I told
him, yes. Truly, faid he, I did not know
that my Lord had ttruck nie, but finding
myfclf fo much in pain, I thought 1 had
fallen, partly through my drink, and partly
through my fits I ufed to have.

Att. Gen. We (my Lord) have now done
with this witnefs.

L. H St. My Lord of Pembroke, will
you aflc Mr. Savage any queftions i

E. of P. No, my Lord.

L. H. St. Mr. Savage, I think you fay
you faw my Lord of Pembroke kick him
once ; in your judgtnent, was that kick of
fuch force as to give any great bruife ?

Suvage. I did (my Lord) fee him kick
him once, but not with any great force, as
I conceive.

L. H. St. You did not hear Mr. Cony
complain my Lord had kick'd him ?

Savage. No ; for as I told your Lord-
fhip, when I was to fee him two days after,
he aOsed me the queftion, and faid he did
not know it before.

L. H. St. Mr. Attorney, pray on with
your witntlfes.

Att. Gen. We fliall next call Mr. John
Shelly : Mr, Shelly, pray tell his Grace
and my Lords your knowledge in this un-
. toward accident.

Shelly.

A COLLECTIO

Shelly. May it pleafe your Grace, I was
m the room at Long's, when Mr. Cony
and Mr. Goring came in ; they were both
very iix in drink, in lb much that Goring
could hardly ftand, but dcfired he might
have leave to fit down, which he had :
Mr. Goring in a little time propoleth play
to my Lord, and my Lord told him he
would throw with him for 500 1. and was
fending away for the money ; but then
Mr. Goring would not play : I believe
(faid my Lord to him) you are an idle fel-
low, that you v-iM propofe thefe things
and not piirfue them : Upon that Mr. Go-
ring tells my Lord, his^name was a better
name than his Lcrdfhip's, and he a better
gentleman than my Lord : Then my Lord
takes fome wjne, and thiew in his face-,
hereupon Mr. Goring (teps back, and drew
his fword, and my Lord did the fame :
Captain Savage fleps m between them,
and keeps my Lord, while Goring was put
out of the room : my Lord then defired
MT..Cony to go out with his friend: faid
he, I do not know upon what account my
friend is fent out ; whereupon my Lord hit
Cony a box on the ear, and that threw him
down.

Att. Gen. Pray^ Sir, before my Lord
ftruck him,, did not Cony give my Lord
fome ill langiMge ?

Shely. He only faid as I told you before,
I'know nor upon what account my Iriend
is turtle I out of doors,

Att. Gen. Did you fee my Lord.ftrike
him ?

Sbeliy. Yes.

Att. Gen. Vn here abouts ?

Shelly. On the head with his fill", or his
hand.

Att. Gen. Did he fall at the firft blow ?

Shelly. Yes.

Att. Gen, Did he afterwards fay any
thing ?

Sl^e ly. No.

ViuL. I. No. 13,

N OF T R I A L S. 2?9

I Jit. Gen. Did you fee my Lord hold up
his foot to do it ?

Shelly. Yes.

Att. Gen. How high ?

Shelly. A pretty height.

Att. Gen. Pray what became of the gen-
tleman afterwards ?

Shelly. They took him up in their arms,
and laid him upon fome chairs.

At.^ Gin. Did you frc him laid there '

SheJ/y. Yes.

Alt. Gen. Was he fenfelcfs when he was
taken up ?

Shelly. Yes.

Att. Gen. What was the reafon do you
think that he did nor open his eyes, and
keep them open ?

Shelly. Truly I believe his drink, as well
as the blows.

Ait. Gen. The one as well as the other.

Shelly. Yes.

Att. Gen. What then did they do with
him .''

Shelly. They laid blankets upon him,
and pillows under him, and laid him upon
the chairs.

Att. Gen. How many chairs .''

Shelly. As many as reach'd his length.

At7. Gen. Who did you leave him ia
charge withall ?

Shelly. With the drawer.

Att. Gen. Did he fpeak between the time
of his firll fall, and your going away ?

Shelly. No.

Att. Gen. Did you fee him after ?

Shelly. Yes, three days after.

Ati. Gen. What did he then fay to you?

Shelly. That he had a fie, but was pretty,
well, recovered.

Att. Gen. When was it you faw him after
that?

Shelly. On the Saturday ai'ter, and thea
he told me the fame again.

L. H. St. Did he impute any thing to my
Lord of p. mbroke ?

Shelly. He faid nothing at all to mc of

E e e e the

7qo - A C O L L E C T

the ground of his il'nefs,. but that which ll
h.ut* toid your Grace.

L. II. ^(. My Lord of Pembroke, will
your Lordlhip afk this witneis any quef-
tio,is ?

E. of P No, my Lord.

Ait.Geiu Then we for the King defire
to examine Mr. Fitz Patrick. Captain Fitz-
Pacrick, pray tell my Lord Pligh-Steward,
and my- Lords the P.ers, what you know.

Fitz-Patrick. My Lord, I was in the
room at Long's with my 1 .ord of Pem-
broke, and my Lord was walking about the
room, and he hears a noife wichour, and
fteps to the door, where opening the door
•half, he faw Mr. Cony at the bar, who
was juft come in, and feeing my Lord,
comjcs to faliite him, my Lord returning
into the room, faid to him, will you come
in and join company } Mr. Cony anfvvered,
I have my friend here my Lord, and
brings Mr. Goring to my Lord, who fa-
luted him kindly, and defired them both
to walk in : Upon which all we that were
in the room flood up, and the drawer gave
liicm chairs •, after the drinking about of
a glafs or two, iVlr. Goring (both being
drunk) faid, amongft ether dilcourfe, 1 will
drink, I will play, I will fight with any
man. Who is this Gentleman, faid my
Lord of Pembroke, that I fhould never
liear of, or know him ? How, fiid Goring,
('S-blcod) not hear of me ? My name is
Goring, a name and family as good as any
Gentlcinan's in England. There is nobody
d;)'jbts it, laid my Lord. Your betters,
faid Goring; and then my Lord threv/ the
wine in his face -, and Goring going to
draw, v/as put out of the room by Mr.
Savage, and my Lord, upon fome words
from Cony, ftruck him down with his
hand.

Jit. Gen. What words were thofe ?
Fitz Pat. When I afked my Lord the
reafon why he (truck Cony, he told me, it
was becaufc Cony had told him Goring

ION OF TRIALS.

fliould not [TO out of the room till he knew
the reafon of it.

Att. Gen. Did you hear him fav fo ?■•

litz-Pat. No, not I, but my Lord upon
my an<ing gave that for the reafun.

L. H. St. What was the reafon ?

Fitz-Pat. Becaufc Mr. Cony told him.
Goring fl)ould not go out of the room, till
he knew fom.e reafon for it : After my
Lord had ftruck him, I was on the other
fide of the tab'e, and could not fee whether
my Lord did ftamp on him, or kick him,
but I fee my Lord's knee fiir, and if he
did kick him, he kicked him but once,
for we ran in and took him up to lay him
upon the chairs, and taking his handker-
chief out of his pocket to wipe his face,
we plucked out of his pocket with it fome
falfe dice, which we afterwards put into the
hands of Mr. Long, to prove that they in-
tended and propofed play ; and after we
had laid him on the chairs, and wrapt him
up v/arm we left him.

Att. Gen. How was he after he was taken
up ?

FitZ'Pat. He open'd his eyes, but being
very drunk before, could not keep them
open, but fliut them again •, and we made
a bed for him on the chairs, and having
wrapt him up warm, v.e left him, and or-
dered the drawer to make him a fire.

L. H. St. Did you hear him fpeak, after
he was up ?

Fitz-Pat. No, my Lord : Mr. Savage
fpoke to him, and afked him, if he knew
him ; he only look'd on him, and by a
turn of his head feemed to anfwer him yes.

L. H. St. On the oath you have taken,
did you hear him fpeak to my Lord of
Pembroke at any time before he was ftruck ?

Pat. Yes, my Lord, he had fpoken be-
fore, and I faw his lips make a motion to-
wards my Lord, but what he faid, I know
no otherwife than as I faid before.

L. H. St. My Lcrd of Pembroke, Will
yourLordfhip ask this witnefsany quefticns?

£. of P.

'A C O L L E C T I O

. E. of P. No, my Lord.

yitt. Gen. VVe have now, my LorrI, done
with the v.itncfles that were by when the
fa6l was committed ; by all whom your
Lord (hips hear, the blows were all given
by my Lord of Pembroke, and in their
company ; they are all gentlemen of qua-
lity, and therefore, I believe, fpeak the
truth : We will now call fome witnefles
that were with the unfortunate gentleman
in his ficknefs, whereof one was his phy-
fician, another his nurfe, and others, who
were often with him, .and afcer his death
had a view of the body. Thele will give
your Grace and my Lord an account, that
he died of thofe wounds, and bruifes he
then received ; t'-.ey are theie four. Dr.
David Bruce, Mr. Thomas Hemes, Mr.
Charles Jackfon, Alice Avery.

CI. of Cr. Hearken to me you four.
The evidence that you and every of you
fiiall give for our Sovereign Lord the King,
againlt Philip Earl of Pembroke, fhall be
the truth, the whole truth, and nothing
but the truth : So help you God.

L. H. St. Whom do you call fiift, Mr.
Attorney?

Jit. Gen. Dr. Bruce -, my Lord : Pray
Sir acquaint my Lord High-Steward his
Grace, and my Lords the Peers, what you
know of Mr. Cony's ficknefs, and the caufe
of his death, as you apprehend.

Dr. Bruce. May itpleafe your Grace, all
that I can evidence in particular of Mr.
Cony's ficknefs was this : On Monday
morning after his being in company of the
Earl of Pembroke, I was fent for to come
to Mr. Cony's lodgings, and about ten of
the clock I came ■, he was then in extremity
of pain in both fhoulders, fo that he could
not move, and his pains were fo acute, that
he could not admit of touching : Upon
the abating of thofe pains by my application
the next day, he then began to complain
of pains in his belly, but thofe not fo
extreme as thofe in his fhoulders ; after

N OF TRIALS. - ?9i.

lome applications thereto, he complaine'-*
of both, but in a little time v/as fo eafed>
that he kept well all night, and till nine or
ten the next morning. The next day,
wliich was Wcdnefday, when I came to fee
him, I told him of the common report of
his being kicked ; hefeemed difpleaftd that
fuch a thing fliould be reported, and throw-
ing down the bed-cloaths, fliewed me his
belly, but I could not fee any blemifl:: upon
it then, either by difcolouring or bruifing ;
I found him indeed very backward in re-
ceiving remedies, but left him then in a
hopeful way of recovery, but I faw him
not after, becaufe being fick myfelf, I could
not attend him.

ylit. Gen. Did he complain of any hurt
about him then .''

Bruce. Only in his belly.

Jtt. Gen. Did you then fee his belly ?

Bruce. Yes, Sir, for he threw away the
cloaths.

Jtt. Gen. Did you fee upon his breafl,
or any where elfe i"

Bruce. He did not complain of any ail
there, fo I looked not for any thing.

Alt. Gen. What did he complain of when
you came firfl to him .''

Bruce. Only his fhoulders,

Alt. Gen. And after his belly ?

Bruce. Yes.

L. H. St. Hark you, doftor, what day
was that you came- to look on his belly,
whether he had any bruifes or no ^

Bruce, Wednelday morning, my Lord.

L. K. St. And then you fay upon your
oath, you faw there no fwelling, or difco-
louring.

Bruce. None at all, my Lord, I gave it
in upon my oath before the coroner, and
the fame I fay now.

Att. Gen. We have done with the dodor,
my Lord.

L. H. St. My Lord of Pembroke, will
your Lordfhip examine him to any thing ?

E. of P. No, my Lord.

Ati. Gen.

A COLLECTION of TRIALS.

you with him till the

f92

Jtt. Gen. Then there is Mr. Henies •,
pray Sir, acquaint my Lords what you
know of this gentleman Mr. Cony, and
firft pray you tell his Grace when you came
to him firlt.

Hemes. !t was on Monday morning after
this accident, about eight of the clock.
/lit. Gen. Did he lend for you ?
Hemes. Yes, Sir.

Att. Gen. How did you find him when
you cam.e ?

Hemes. In great extremity of pain, and
very fore, complaining of pains over all his
body, efpecially on his fiioulders and but-
tocks. Then the doftor, who came in
foon after, did apply plaillers to him, and
when he anointed him he was fo fore, that
he could not endure any one to touch him,
nor could we tell how to turn him in his
bed, or how to place him fo as to apply the
ointment, but were fain to get a fheep-fliin
to wrap him in, and by pillows and a broad
joyHi-ftool, raife him up by degrees : 1 did
then look upon iiis body, but faw no
fwelling or bruife there.

L. H. Si. Did you fee his belly ?
Hemes. No, my Lord, but he did com-
plain of an inward grief there.

Jtt. Gen. When did he fiiit complain of
that ?

Hemes. The firfl: morning when I came.
Att. Gen. What words did he then ufe }
tell the very words he ufed, if you can re-
member them.

Hemes. No, Sir, I cannot-, but he com-
plained of a great forenefs in his belly, and
an inward lorenels.

Att. Gen. Where, in v/hat part of his
body ?

Heme?,. Tn his belly, I fay.
Att. Gen. Well, now go or
did you continue with him ?
days did you come to him ?
Hemes. I came to him every

along.

; how long
how many

day all

Alt. Gen. Were
day he died .'

Hemes. Yes ; there was indeed a new
phyfician fent for, but I faw him all along
ufually once a day.

Att. Gen. Did he complain more than
once of his belly .''

Hemes. Yes, all along from the firft
morning.

L. H. St. Did you fee him opened after
he was dead .''

Hemes. Yes, my Lord.

L. H. St. What can you fiy as to what
you faw on him then ?

Hemes. When he was opened, in the
lower part of his belly there was a great,
deal of blood gathered together on botli,
the hypochondria's, which is not ufual; I
cannot tell the meaning of it, the phyliciaa
knows, that beft.

Att. Gen. Was it congealed black blood ?

Hemes. It was of an ugly colour.

Att. Gen. What colovir.

Hemes. Of a blackifh livid colour.

Att. Gen. Have you obferved it often fo
in others ? Have you ufed to fee people
opened at other times .''

Hemes. No indeed not I, but very fe!-
dom._

Att. Gen. Well then, ftand down yoa
fore we have done with you.

L. H. St. My Lord of Pembroke, have
you any thing to fay to him ?

E. of P. No, my Lord.

L. H. St. Then call your next witnefs.

Att. Gen. That is Mr. Jackfon. Pray
you. Sir, tell my Lords what you know
of this bufinefs : When were you fent for
to Mr. Cony ^

Jackfon. On Wednefday.

Att. Gen. What acquaintance had you
with him ^

Jackfon. I had a very particular acquain-
tance with him, and I looked upon him as
perfon of a ftrong, healthy conftitution,
and not fubjed to any dangerous difteii)-

A COLLECTIO

per -, my acquaintance with him was of
twelve years ftanding, and therefore I muft
needs know him pretty well. Upon tlie
Wednefday, after this accident, hearing he
was very weak, I went to vifit him, and
when I came, he told me, he had been
troubled with very unulual fwounding, and
then fell inio one of them, but with fome
cordials we revived him again, when we
thought all of us he had been dead. The
Friday and Saturday before he died, I was
with him all day, he complained of great
eriefs in his belly, he laid, he had great
torment there, and believed he had re-
ceived fome ill ufage lately, which occa-
fioned thefe pains.

Att. Gen. From whom had he received

Jackfon. He was very fparing in telling
■whom it came from.

Att. Gen. Who did he name ?

Jack/on. He faid he was a drinking with
my Lord of Pembroke ; but he was in fuch
pains, that I could not afk him many
queftions which he would anfwer.

Att. Gen. Where were his pains ?

Jackfon. In his lower belly, and he had
fometimiCS itrange fainting fits.

Att. Gen. When did he firft complain of
his fits to you .''

Jackfon. On the Wednefday.

Att. Gen. When did he die ?

Jackfon. On Monday following.

Att. Gen. Did he complain on Saturday
of his belly ?

Jcickfon. Yes.

L. H. St. What difcourfe had you fur-
ther with him ?

jackfon. None but what I tell your
Lordfhip, that I can remember.

L. H. St. My Lord of Pembroke, have
you any thing to fay to him .''

E. of P. No, my Lord.

L. H. St. Who's next then, Mr. At-

torney

Att. Gen. Alice Avery, my Lord, who
Vol. L No. 13,

N OF T R I A L S. 293

was his nurfe — Were you attending upon
Mr. Cony in the time of his lL!;r.eli ?

Ave-iy. Yes, I was.

Att. Gen. Pray tell my Lord your whole
knowledge.

Avery. When he came in on the Monday
morning, I found he was very iH, and
could not well ftand : Sir, faid I to him,
fure you are very much in beer; No, laid
he, i am very fore, and full of pain ; Sir,
faid I, I believe you have been in fom.e
bad company ? Yes, faid he, I have been
in fome company, where I have received a
great deal of wrong, I am not able to <to
nor lland, I have been beaten and kicked
more than ordinary, I was never fo abufed
in all my life-, and upon his dying-bed he
wiflied to God, he had never been in my
Lord of Pembroke's company, for he did
think in his confcience my Lord had been
the death of him.

Att. Gen. Speak that again.

Avery. He wiHitd to God he had never
been in my Lord of Pembroke's company,
for he did think in his confcience that he
had been the death of him.

L. H. St. How long before he died was
that?

Avery. About tv/o or three hours before
he died.

Att. Gen. Did he continue fenfible to the
time that he died ?

Avery. Yes, to the laft minute.

Att. Gen. How often did he complain of
his pain ?

Avety. All along from the time he came
out of my Lord of Pembroke's company.

Att. Gen. What time did he con.e home ?

Avery. About feven or eight of the clock
on Monday morn'ng.

Att. Gen. W^here and what part did he
complain of then ?

Avery. His fides and a!l parts about
him.

Att. Gen. How often did you difcourfe
with him about his pain .?

F f f f Avery.

194

A COLLECTION of TRIALS.

Avery. Every day divers times, from the
time he came home till he died.

Alt. Gen. And he fpoke thofe words a
little before he died }
- Avery. Yes, and often complained of
his being abufed.

L. II. St. My [.ord of Pembroke, will
you aflc this woman any queftions ?

E. of P. No, my Lord.

L. H. St. Have you any more witneflcs,
Mr. Attorney ?

Att. Gen. No, my Lord, we fliall call
three more that had a view of the body after
his death, upon the coroner's inqueft, who
v/ill give your Grace an account what
appearance of murther was there vifible-,
and they are Richard Wheeler, William
Brown, Xhomas Roberts.

CI. of Cr. Lay you hands on the book :
The evidence, &c.

Att. Gen. Which is Mr. Brown ? Did
you ;ec the body of Mr. Cony after he was
dead ?

Brown. Yes, my Lord, I was one of the
coroner's inqueff, which after view of the
body went into another houfe-, but fomeof
us feeing the body fwelled at that rate as it
was, and being unfatished of the caufe,
went back again to look upon it, and there
L faw upon his right breait a great black
bruife ; and I looked upon the caw), which
was all wafted away ; and on his left fide
again a great black fpot, and in the bottom
of his belly a quantity of very ill-looking
blood.

Att. Gen., When was this you faw it ?
what da\ ? Hqw long after his death ?

Brown, The day after he died.

Alt. Gen. Where did you obferve any
hurt and bruife upon him befides .^

Brczvn. As he lay before he was opened,
we faw him all over fwelled at a prodigious
rate, and black and bku; in divers phiccs ;
fj that 1 was unfatished till I had ^een the
inward part?, and therefore wtnt up and
fa.'^'.whac 1 laid before.

L.H. St. Did you know the gentlemarr
before ?

Brown. No, my Lord.

L. H. St. My Lord of Pembroke, do
you defire to aflc him any thing ?

E. of P. No, my Lord.

L. H. St. Then go on. Sir.

Att. Gen. Richard Wheeler, pray tell
my Lord what you know.

IVheeler. My Lord, I was fummoned
upon the jury by the Coroner, and according
to my duty I made fuch an infpeftion as I
could into the body; I did obferve upon
his right breaft a very black and great
bruife, and on the left fide of his belly a
very black and great bruife, which was
indeed of another- guife colour than that of
fettled blood, for I have of my own know-
ledge had a fad experience of that kind.

Jitt. Gen. Did you know the gentleman
before ?

Wheeler. Yes, I knew the gentleman
very v«'ill, aiid I liad not known him to be
the lame perlon then, but by their defcrip-
tion'that were about him, for all the parts,
of his body weie moft violently iV.elled.

Att. Gen.. Did you fee the icttled blood,
at the bottom of his belly .''

Wheeler. Yes ; and as I was informed,
that was occafioned by his being forced to
lie on his back continually, becaufe his
pain would not fufFer hrm to move : that
on the fide, and ribs, was a perfeft bruife,

Att. Gen. Where is Mr. Roberts ? Did
you fee this gentleman's body after his
death ?

Roberts. I faw the body after it was .,
opened, and viewed the inward lower parts
of the belly, where there was a quantity of
blood gatliercd- togetiK r.

Alt. Gen. Was it more black in that part
than in others .^

Roberts. It was black congealed blood.

Att. Gen. How broad were the fpots ?

Roberts. About the breadth of my hantj.

L: H. St.

A COLLECTIO

L. hi. St. Mr. Roberts, did you fee the
left fide of the belly bruifed ?

Roberts. Yes, my Lord; and (as I faid)
in the lower inward parts black congealed
blood.

L. H.-St. Was there any fwelling.''

Roberts. Yes, my Lord, very much.

L. H. St. The doflor that was examined
before, laid there was no Iwelling nor dif-
colouring.

Att. Gen. He did fo, my Lord ; but this
was feveral days after that.

L. H. St. My Lord of Pembroke, will
ycu examine thefe men ?

£. cf P. No, my Lord.

Jtt. Gen. My Lord, we have but one
witnefs more for the King, and that is Mr.
Charles Cony, v^ho is brother of the gen-
tleman that died, who will give you an
account what he faid in his ficknefs ; and
the fayings of a dying man in luch circum-
ftances, are remarkable.

Cl.ofCr. Char'es Cony, hearken to your
oath : The evidence, &c.

Att. Gen. Now Mr. Cony, tell liis Grace
and my Lords the occafion of your bro-
ther's ficknefs and death.

Ccriy. May it pleafe your Grace, on
Monday the 4th of February, I was fent
for by my brother, about nine of the clock
in the morning, to come to fpeak with
h'lm, but not believing his bufinefs to be
urfjenr, deferred my coing ; the metrenger
immediately comes back again, and tells
m^e my brother was exceeding ill : As foon
as I came, I found him almofl: dying, his
eyes let, and'he extremely ill, but we re-
covered him in a little tin"ie : whilft he com-
plained of great pain, I examined what
might be the caufe, and v.here he had been
laft night (for I underflood he came not
home till morning) and in what company.
And when I was told of my Lord of Pern-
I rokc's company, who had ftruck .him
tiQwn with a box of the ear, both he and I
quickly con:Iudcd how his ill came : But

N o F T R I A L S. 295

to be fatisfied, (he telling me he could not
remember what he did,) we fent for the
drawer, to know the truth of the matter:
but in the mean time, to comfort him, I
told him I hoped it was only a fainting hr,
wliich vv'ouid be over again in a while.
The drawer came, and did adure me that-
my Lord did never ftrike him; which,
upon afTl)rance I did believe, efpecially
when he came again in the afternoon, and
told me the fame ftory. All the while he
was in the honideft pain that could be, and
could not be touched, but was forced to lie -
upon his back. The doctor told us, for
application to eafe his pain, the befh thing.
to wrap him in was a whole weather's fkin ;
which we did at two of the clock in the af-
ternoon, by the help of a chirurgeon, raife
him up, and put on him. On Tuefday .
morning I fent to know how he did, being
neccffitated to go another v. ay ;- he fent
word back, he was pretty well at eafe, and
had rcfted pretty well. On VVednefday he
i role, and fat up; on Thurfday he was fo
I well, that he would have fome friends to
I dine with him in his chamber; on Friday
he was a little ill again, i)Ut on Saturday
he was fo well, that he would have gone
abroad, and truly we did never (I'm fure I
did not) believe he would have died, till
about two hours before he died. One day
when Dr. Conquefl camie out of his cham-
ber, he fcemed to be in a huff, and faid,
he was only kept there to do the drudgery ;
and when I afl^cd him, .wh.it he thought fcf
my brother ? he anfwertd me fliort, " I
cannot tell whetlier it be a Pembroke-kick
or no." And when I, upc:; the report of
my Lord's having abui'cd him-, (which yet
upon the drawer's anlvver I believed' riot}
fpoke to him about it, he would feem dif-
pleafed any fnould mention it : He once
i.adced told me he had fomething tile to
reveal to the doclor, but v, hat. it was I
cannot tell. ,

Ju. Gen..:
L

COLLECTION

m to be'

1-)^ A

jllt. Gen. Did you apprehend
. fo ill as hf was ?

Ccny. No, I never believed ir, till an
hour before he died : and this is all that I
can fay, my Lord.

L. H. Si. Will you, my Lord of Pem-
broke, afl-c Mr. Cony any queftion ?

E. of P. I defire your Grace to aflc him
what (hirurgeons they were that did view
the body after dead.

L. H. St. Mr. Cony, come forward, my
Lord of Pembroke dcfires to know what
chirurgecns viewed the body ?

Cony. Mr. Snell, the chirurgeon, I think,
my Lord.

E. of P. I defire your Grace he may be
examined,

L. H. St. If the King's counfel have
done, then your Lordfliip may examine
whom you pleafe : what would yourLord-
fhip examine into .''

£, of P. To give your Grace an account
Vv/hat might be the caufe of the blood found
in Mr. Cony's body.

yitt. Gen. Becaufe we did omit to exa-
aniine Jackfon to that matter, we defire for
the King, wc may call him to that point
now.

L. H. St. You fliould have examined all
your witnefles fully at firfL

/Itt. Gen. We acknowledge it, my Lord ;
but fince we did forget it, we humbly
crave leave to do it now.

L. H. St. Here is Mr. Jackfon, what do
you ask him .''

Att. Gen. Mr Jackfon, were you prefent
at the opening of Mr. Cony's body .''

Jackfon. Yes, Sir.

Alt. Gen. What did you fee there ?

Jackfon. There was an extraordinary
quantity of extravafated blood In the lower
part of his belly.

L. H. St. Extravafjted blood ?
Jackfon. Yes, my Lord.

A:t. Gen. How might that come ? might
jt not proceed from a natural caufe .''

o F

r R I A L S.

Jackfon. I believe it came from fome
biuil'cs given him, and from fonic violences
that were done to him.

Att. Gen. In the belly was it .''

Jciikfon. Yes, in the belly.

Att. Gen. You faw then : Did you fee
any fweliing there ?

Jackfon. Yes, and the diaphragma bruif-
ed, &c.

Att. Gen. Now, my Lord, we have done
with our evidence for the King.

L. H. St. My Lord of Pembroke, if
your Lordfhip have any witnds to call, or
w/ill fay any thing for yourlelf, now is the
time.

E.ofP. I defire your Grace that Dr.
Lower, and Dr. Conquell, and one Mr.
Raven, may be examined for me.

L. H. St, Call Dr. Lower, Dr. Conqueft,
and Mr. Raven.

CI. ofCr. Here they are, make room for
them.

L. H. St. My Lord cf Pembroke, who
will your Lordlbip begin with ?

E. of P. Dr. Conqueft, my Lord.

L. H. St, Dottor, you are not upon your'
oath, but you mull: have a (Iridl care what
you fay, for there will be a good account
to be taken of it at another place, and it
being a teftimony before a court of judi-.,
cature, the obligation upon you to ipeak
the truth is as great, as if you did fwear.

Dr. Ccnquef. The account I now give,
my Lord, is that account which I gave
upon my oath before the Coroner.

L. H. St. You muft give it again vii'a
voce-, we muft not read your examination
before the court.

Ccnqneji. The firft occafion I had to fee
Mr. Cony as a phyfician, was about three
months before tliis unhappy accident ; he
was then in a fainting fit at the Rofe-t.ivcrn,
&c. Vv-hen I was fent for to him ; he had
for half an hour lain quite dead, as they
thought, but V :th their rubbing him, and
giving him fome niuU'd lack, he was come

A COLLECTION of TRIALS.

the chairs near the fire ; he faid indeed, he

to himfelf juft as I came, but he had no
pulfe, and was relapfing into his fit: 1 gave
him feme drops and cordials, and fent him
home pretty well again. We went from
thence, and the next morning his man
came to call me, and told me his mafter was
dying, which was (as I take ir, the 6th of
September lall : When I came thither, I
found his man fitting by the fire, and aflcing
for his mafter, he told me he v>^aK aOecp •,
I was fomething vexed at the fellow for
troubling of me fo, and while I was fpeak-
ing to him, Mr. Cony at laft heard my
voice, and calling me to him, defired 1
would come again in the afternoon, for he
had a mind to reft this morning •, I came at
one of the clock again, v;here I found him
very ill, and very melancholy ; he wept,
and l.:nt his man down ftairs, and when
tiie man was gone, I afked him what was
the occafion ? He told me, he found fo
g,'eat an oppreffion at his heart, that he
could hardly fpeak ^ I defired he would
take fome advice, and fend for another
phyfician i but he would liave none eife,
but would needs go abroad that afternoon :
I defired him all I could ; but not prevail-
hig with him, I gave him lome cordial
drops, and defired him to return home be-
times ; but he di i not, but, as I heard,
drank very hard, and returned not till very
late. In lliort, in the fpace of iv/o months,
i have been called cut of my bed above
twenty times, to give him advice, and to
recover him out of his fits ; but he would
take no advice, do v/hatever I could. After
this was his meeting with my Lord of Fern-
broke, vv'hich he thus "ave me relation

of : He told me he liad been with Mr.
Goring in the city that day drinking hard,
and v;hen he came to Lon<_,'s, he was fo ex-
tremely drunk, that he cannot rcm.ember
any thing that was done there, but finding
himfelf much in pain the next day -, ke was
fo ignorant of the tranfadiions there, that

hQ only thought he had had fcvcral falls ofFJ l.iin to life again; but fcill he was very
Vol. I. No. 1 3. '• G < ' p 2; bad

afterwards fent to enquire what iiad palfed
in his company that night, and le heard
my Lord of Pembroke fhould give him a
box on the ear, but he remembered it nor.
Two or three days after he fent for me,
and told me, now he v.ould take advice of
me, and enter into a courfe of phyfick ;
but knowing his condition to be fo bad, I
would not venture Upon it alone, and de-
fired that he would join fome one eife with
me in confultation : He afked me v/hat
phyfician he fliould fend for ? I defired him
to name any one whom he had a mind to -,
he faid he knew none, and therefore v^^ould
have me take whom I would, 1 then
named Dr. Lower, and obtained his con- -
lent to have his advice, Vv-hom I brought
with me to his lodgings. And the Satur-
day before he died, as we were coming in
the coach, I told Dr. Lower what I had
knovv-n of his diftcmper before, and what
might be the occafion of it, which (vvhen
we came thither) 1 repeated again in Mr. .
Cony's prefcncc, who did ccnttls tiie whole
to be as I faid, that he had been a very •
harddrinker of wine,and ftrcng waters upon
it, which had (lie believed) caufed a ftag-
nation of blood in his body, which mir^ht
be the occafion of his fainting firs. \,\ c-
confulted the whole ca'ufe ; he ov/ned no
blow or kick he had received, neither did
I believe his intrails had received any fuch
prejudice, becaufe I favv him myfelf take
two or three glitters, as particularly tliat
evening ; yet he would not be regular, but
that night drank three whole tankards of
cold fmr.il beer, which did put him into a
very violent fit of the gripes. He lent for '
me, and having left him pretty well, I won-
dered v/hat alteration could caufe fo violent
adiftemper in him fo fuddenly : He fell a
vomiting, and vomited all night; and when
I came and found him in a dying fit, 1 gave •
himlcme drops 1 had aboutme, and fetched ^

bad, an. I he hai a gliiler for the gripes •, he
would fain have had fo:ne fmall beer, which
1 difuLided him froiT!, and advifcd him ra-
ther lo whitc-wInc poffet drink, but he
fwore u gre.u oath, he would have fmall
Incy •. Dr. Lower, ! fiippo'e, fav/ him that
jnorniiig. An hour before he died, I came
agai.i, p.a-.\ thought fit to blood, and fo he
V.;;.? ; he bled about eight ounces, and was
a little better, lo I left him ; an hour after
I came again, and found he was dead ; but
for his complaining of any bruile or hurt
that way received, i remember not.

L. //. St. Did you fee him after he was
'dead, and when he was opened ?

Cofiqucjl. Yes, my Lord, I did fee him
epened.

L. II. St. What was your judgment
then ?

Conqtiejl. My Lord there was clotted
blood among tlie bowels, that was extrava-
Jated. My Lord, the breaking out of! troubled, and would have avoided it, but

O L L E C T I O N OF TRIALS.

nefs upon his ftom.ach ; but tliere w{i-> no
any dlfcourfein my hearing of any briiifc or
hurt that way, nor had I any reafon to kif-
peft any fuch thing fhould be tiie caul'e of
his illnefs, for he had no fymptom of a fe-
ver upon him. either in tongue, pulfe, or
urine, which v.ould have been, had he owed
his diftemper to any thing of that kind.
The next day I was lent for to him early,
but my neceiTary attendance on other pa-
tients would not let ms come quickly tu
him : When I came, I found him dying,
and feeing no hopes of his recovery, left
him ; I was defired to be prefent at the dif-
feclion, but becaufe of the rumour of this
bufmefs, I faid it would be a troublefome
matter, and therefore would purpofely avoid
it.

L. II. St. So you did not fee him di flee-
ted .?

Lower. No, my Lord, I did fear being

which, I did attribute to the great quan-
tity of fmall beer he had drank, and the
griping that followed upon it; but the
bowels v.ere none of them touched, and he
liimfelf attributed his fits to that.

L. II. St. Mr. Attorney, will you afk
him any crofs queflion ?

yitt. Gen. No, my Lord.

L. H. St. Then Dr. Lower, pray fpeak
your knowledge.

could not, it feems, for I am come here to
teftify this.

L. II. St. Did he ufe any words to you
whilft he was fick, complaining of any
abufe or wrong offered him by beating or
kicking .''

Lower. No, my Lord.

L. II. St. How long was it before he
died that you faw him ?

Lozver. It was on Saturday at four of

Lcwer. Ail the account, my Lord, that , the clock in the afternoon, and he died on

I can give is. That the day before Mr.
Cony died. Dr. Ccnqueft did come to me
to defile me to go with him, and by the
way fas he related) told me the manner of
his fits, and what he thought was the occa-
fion of them •, and in that difcourfe we con-
tinued till we came to his lodgings, where
we found him in his bed; and when he was
up. Dr. Conquelt repeated what he had
rold me before, and he acknowledged all
that to be true: I my felf afl^ed him many
queftions how he found himfelf ; lie faid,
I'lofe fits came upon him fuddenly by fick-

■ Sunday at noon.

L. H. St. And when you came to fee
him again, you found him dying ^

Lower. Yes, my Lord.

L. H. St. But you fay, all the time you
v/ere with him, you faw no fymptom of a
fever on him ?

flower. No. none at all, my Lord.

L. H. St. I then afk you this queftion,
Dodlor, Can any man be mortally hurt and
bruifed, whereof he may languilh, and not
have a fever .''

Lower.

A C O L L !• C T I O

l.otver. According to niy knowledge and
experience, my Lord, viiually and mcft
commonly upon a mortal bruilc, an infla-
mation follows, ant! that inllamation caufes
a fever, v/hicli will be evident in the pa-
tient's pulfe, or tongue, or water -, but
none of thefe 1 found lb affedled with Ivlr.
Cony.

L. H. St. Have you any thing to [j.y to
this gentleman, iVlr. Attorney ;
^ii. Ctp... No, my Lord.
L. H. St. Where then are the reft of
your v/itnefles ? My Lord of Pembroke,
will you call any more evidence ?
E. of P. Yes, my Lord, Mr. Raven.
L. H. St. Dr. Conqueft, pray before
you go ; you lay you told Dr. Lower of
Mr. Cony's fits before, were they the fame
vith thole I;e had in his laft ficknefs ?

Ci/nqueji. Yes, my Lord, the fame faint-
ing fits.

L. H. St. And you imputed them to the

fame caufe ?

Cca^u/'/l. Yes, my Lord, to his hard
drinking wine and ftrong waters, and then

f;reat quantities of fm.all beer •, I told his
andhrdy often it would kill him, but I
could never get him to be regular, nor take
any advice.

L. H. St. Hath your Lordfhip any
more witnefies ?

E. of P. Mr. Raven, my Lord.
L. il. St. Come forward. Mi-. Raven,
and fpeak out.

Raven. I viewed the body (my Lord)
before and when it was opened, and it was
reported to me that there was a bruife in
each fide of the belly, of which thereupon
I took a ilriccer viev/, and could find no
bh-xkneis, nor blewnefs, nor marks of
bruifcs •, upon which the body was opened,
and there iffued thence clotted blood •, then
I looked upon the cawl, which vi/as wither-
ed and confumed, and the heart was as loofe
as a rag, and his lungs iluck to each fide
of his ribs : and as to the matter of the

OP TRIAL*. 399

blood, that was not an extraordinary thing,
for it is known to phyficians, that in all
natural deaths there muft be extravafated
blood in the lov/cr belly.

L. H. St. Hov/ did you think th.ere
came to be that quantity of blood there ^

Raven. This blood I think (my Lord)
m.ufc be extravafated by the violence of his
gripes, for it is proved he drank a great
quantity of claret, and afterwards of fmall
beer, which fet the blood upon a fermen-
tation ; that let him a vomiting, by the vio-
lence thereby ufed to nature, this blood
was thrown dov/n into the belly •, but in all
natural deaths, if there be not fo great a
confumption of the blood that there is none
Jeft, there muft be fome extravafated ; it is
a clear cafe.

L. H. St. My Lord of Pembroke, hath
yourLordfliip any more witnefies?

E. of P. Yes, my Lord, two more, Ben-
jamin Long, and William Viner.

L. H. St. Who does your Lordfliip be-
gin with .?

E. of P. Long.

L. H. St. Do you hear. Long, you muft
have as great a care v^hat you fay, as if you
were upon your oath.

Long. A little before this bufinefs hap-
pened, Mr. Cony comes into my houfe at
Covent-garden, and faid he v/as very ill •,
he wasjuft going to fit down, and mifs'd
the chair, and had like to have fallen down,
being almort in a fwoon •, whereupon he
faid, fend for Dr. Conqueft prefently, or
elfe I fhall die : So I fentmy iervant to call
him, who found him at the coffee-houll* :
When he came in, faid he. Sir, how do you ?
I am glad you are come, faid Mr. Cony,
for I am very ill ; and there were tv/o
gentlemen came in with the Doctor, that
were then going to the pL.y-houfe ; faid
Mr. Cony, I am taken with the faintino-
fits, and fear they will kill me. Upon that
Dr. Conqueft bid him have a care of drinks
ing, for it would ruin him.

L. H. St'

400 A C O L L E C

L. H. St. When was this ?

Long. A litde before Cliridmafs, my
Lord.

L. H. St. How lono; before he died ?

Long. It was before he was hurt.

L. H. .'*'. How lono; ?

Lc)!g. Five or fix weeks, my Lord, as I
remember, I cannot tell exadlly.

L. II. St. Weil, and what followed ?

Lo>3g. Dr. Conqueft would have him go
home CO bed, which I know not whether
he did or no, but he went away from our
houfe, and the Dotlor laid he v/ould fend
him a gliiler, and fome other things the
next morning. And this is all I can fay.

I.. H. St. is that all you can fay ^

Long. Yes, my Lord.

L. H. St. Why, was not this accident
done at your houfe ?

Lcng. No, my Lord, it was done at my
brother's in the Hay-market.

L. H. St. Then call next Viner ; what
fay you ?

Vincr. May it pleafe your Grace, I am
drawer at Mr. Long's in the Hay-market,
I did fee my Lord llrike him with his hand,
and that is idl ; I came in juft as he ftruck
the blow, and Captain Savage bid me keep
out Mr. Goring, which v/hile I was doing,
I knew not what was done more ; but after
they had laid him upon the chairs, they
charged me to make a fire, and look after
him, and left him; he fell down divers
tim.es off the chairs ; and when he came to
himfe'f a little, I afked him how he did ? he
told me he v;as very fick, and I got him
ftill up again upon the chairs ; and then
he had fcveral fainting fits in the room, and
about feven of the clock in the morning,
v/e fent him home in a chair to hit lodging.
The fame day at one of the clock lie fent
for me, to know what had happened, for
his own memory v.ould not Icrve him to
tell ; I did not think fit then to tell him
oiy Lord had ftruck him, but told him he
had had many faljs in the room : ' lis fits,

ION OF TRIALS.

faid he, that I have had not long

fncf
and it comes with my hard drinking, and
not '

looking to myfelf.

L. H. St. fie fuppofed it to be fo.

Viner. Yes, my Lord, he himfelf did.-

L. H. St. Did you {<:c my Lord of Pem-
broke tread upon him ^

Vincr. No, my Lord, 1 only faw tlie
blow of his hand, for I was gtttitiiT Mr.
Goring out ot the room.

L. hi. St. Did he fay iny Lord of Pem-
broke did tread upon Iiim ?

Vmer. No, he could not tell any thinp
that my Lord had done to Iiim •, he was
drunk that night, and therefore fent forme
to know hov/ it was.

L. U. St. My Lord of Pembroke, hath
yourLordihip any more witncfils .-"

E. r,f P. No, my Lord.

L. H. St. Did not your your Lordfnip
fpeak of one Snell, my Lord, a cliirurgccnj
at firft ?

E. cf P. I did expc6l, my Lord, they
fliould have brought the perlon your Grace
fpeaks of.

Why, my Lord ?
Becaufe he v/as their chirur-

H.St.
cf P.

the

E.
geon.

L. H. St. What fay you now of
King's counftl, to my L.crd's defi-nrc ?

Sol. Gen. If my Lord hath done, v.e
ready to go on for the King.

L. 11. St. Will your Lordfiiip fsy
thing more for yourfelf ?

E. of P. ] have nothing more to fiy, a'.y
Lord.

any

Then Sir Frar.cis W'innington, his Ma
jelly's Sollicitor General, Jumm'd up th
evidence, and concluded the
thus :

charge

Sir Francis JVinnitigton., Sol. Goi. May
it pleafe your Grace myLoid High Scev/-
ard of England, and my nob'e Lord.«,
that are now judges of t!;is caufe of blood ;

i fnali

A C O L L E C T I

f ihall wit!i all faithfulrrefs endeavour to dif-
charge ny duty in this Great Court, and
ronhne myklf CAc\y to the evidence that
hath been given, and I hope I iha'.l not do
this no'olcLord, the ^ rifoner at the bar, any
injury, by n-.ifrepctition. 'I his evidence, my
Lords, that hath b.cn produced for the
King, tomakeitout, tliat theprifoneratthe
bar is guilty of murder, doth (may it pleafe
your Grace) confifl of three parts.

1. In the firll: arj contained thcfe matters
of faft, which did arife at the time when
the poor unfortunate gentleman came into
my Lord Pembroke's company, and what
happened before my Lord of Pembroke
ihd depart from that place.

2. The fecond part cf the evidence con-
filCs of matters that did arilc by conltfTion
of the party, and his diicourfing with per-
fons who came to vifit him, or were with
him during the time a'' his ficknefs.

3. The third part doth confift of matters
anfmg after his death, upon the view of the
body. Under thefe three heads are compre-
hended ail the King's evidence, and with
humble kibmiflion 1 humbly conceive, that
the evidence doth reach the indiftment,
which is for the crime of wilhil murder.
Rue vt'hen I have humbly ftated the f.iQ:, I
muft fubmit it to the judgment of my noble
Lopvls ..nd l^ceis.

But to toke a due method, 1 fliall begin
with a word or two of what Mr. Attorney
General was plealed to hint, when he open-
ed the caufe, that is, to (liew what murder
is, and wherem we conceive the evidence
comes up to the indidtment. Murder in
our law i~,, when one man kills another up-
on maliic tore-thought ; now that malice
is comprehended under two particulars :
The one is expreft a former grudge, difcon-
tcnt, and hatred to a man, to lye in v;ait to
flay him : The other is malice implied, and
that is when a perfon v;ill come and fall up-
on another, and kill him with violence,
without any provocation ; and that I take

Vol. I. No. ij.

N OF TRIALS.

401

j to be the cafe now before your Grace, and
J, thefe noble Lords-, v\hcther this nobie
I L.crd, theprifoneratthe bar, be guihy of
murder, under the head of malice miplied,
having killed a man, without any provo-
cation given ; for it it fhould be made ap-
pear,, as 1 humbly conceive it hath, v/nh
fubmiQion, that A4r. Cony did receive his
wound, whereby his death came, from tiic
Earl of Penibroke, it is with our law mur-
der.

That my Lord of Pembroke did invite
him into his company, is fworn by four
witnellcs ; for when they came into the
houfc, they did not fo much as enquire
whether my Lord was there or no ; and
when my Lord afked him to come into the
room, Mr. Cony did excufe it, in a man-
ner, by having his friend with him ; pray
bring your friend in wiih you, faid my
L.ord : After a little while it was faid, thcie
were feveral difcourfes pafs'd between my
Lord and Mr. Goring concerning play, and
their families ; but the third witnefs doth
Iwear, that when they were fpeaking of
playing for 5G0I. Mr. Goring decHned ;
my Lord of Pembroke fir ft called him idle
fellow, and that occafioned Mr. Goring to
give that language, which v/as not fo fit for
him to give to a noble Lord of his quality.
But, may it pleafe your Grace, let the dif-
courle between Mr. Goring and my Lord
ot Pembroke be what it will, the queftion
will be. Whether or no the ()arty that was
killed, gave my Lord of Pembroke any
provocation, or caufe of difcontent, which
might make him give him tliac blow ? or
whether or no the ftriki'ng or kicking was
the caufe of his diath? tliat comes in the
laft place, for I am now under that head ;
there was no provocation given by Mr Cony
to my Lord to ftrike him, and four wicneiles.
there were to that, the perfons by at the,-
time when it was given, wlio ail as to the
fubftance fwear the fame thing, only one or,
two circumftances come from Ibme of them,,
H h h h that

402 A COLLECTION of TRIALS.

that do not come from all. Mr. Savage, a f prdicnfive he had done the gentleman fome

man of quality, and an honourable family, ! wrong, and that is evident by his care ci
fwears That at the time when Mr. Goring , him after, ibr his own witnefs Vincr doth
waspu: out of the room, he iaw ihe Earl of j fjy, that my Lord bid him make a fire and
Pembroke (turning his fate) give Cony a I watch with him-, furely if my Lord had
biow on the head, and one kick when he was : not been confcious to himfclf, that he had
down : the queftion was afked him, Whi-
ther he kicked him upon the belly ? bur
that he could not anfv.er to : I Je likewife

lione fomething extraordinary to the perfoa
of that gentlciMan, that caution had nui:
been given to the man : But bcfides (niy
doth particularly fay, after the blow was. Lord) there are litde circumllance«, whicii

given by the Earl ot Pembroke, that ftruck
him down to the ground, he law his knee
lilted up to kick him, hgher than the mo-
tion of ulual walking, lo that fon~e violence
was ufed as to that. Mr. Fitzpatrick,
though they .all agree in fubftance, yet he
hath one particular difrcring from ihe reft;
he laith, That whtn my Lord of Pembroke
was aflied w hy he ilruck Mr. Cony, he an-
fwered, bccaule he hid Mr. Goring fhould
not 2,0 out of the room, without his know-
ing fome reafon for It ; this he fwears the
Ea'-l did lay, but whether it was lb or no is
the quellion. hhelley fays. No fuch word
pafTed, nor doth Savage fpeak of it -, but
be that circumftance true or not, (for all the
witnefles agree m jubilance, and may not
be able to Egrtc in all circumflances) yet

under fubmiflion, I muft leave it to the pii'^'d his laft breath.

judgmtnt of my Lords the Peers, whether | Jackfjn, he did know him for a longi
that be provocation lufficient to lay violent • time before •, lie fiid indeed, L]e iiad about
hands on a man. Shelley indeed fays the i two or three months before a iainting fit or
words were, I know not why my friend is j two, but to tliis time he looked upon jiimas
turn'd out of doors •, nor whether thefe are j a healthy man, and he continued Vv-ith him
a provocation, fuch as in judgment of law i off and on till he died, and to him he did
can be deemed lufficient to lay violent hands declare he had received injury from the
on a man to kill him, is the queflion ; we , Earl of Pembroke, though he was very loth
fuppoieit is not, but iuch a itroke is given 'to fay what : And he alio tells your Lord-

are always allowed for evidence in fuch
cales, where men receive any wounds to afk
them queflions while they are ill about it^
who hurt them. Now as to this th. re are
four witneffcs alfo. Dr. Bruce, Mr. Hemies,
Mr. Jacklbn, and Alice Avery.

Dr. Bruce fwears, that when he came on
the Monday to enquire of Mr. Cony what
his illnefs v;as, he did complain of iorenefs
about his fiioulders, but did not make men-
tion of the lower part of his belly, or any;
dilcolouring there.

But Henits the apothecary fays, he nos;
only complained ot extream pains in his
fhoulders, but alio of extream inward fore-
nefs in thj lov^er part of his belly, and this
perfon was frequently with him, and t'-.e
lame complaints came from him, till he ex-

v-ithout a provocation, in which the la
implies malice. I'his (may it pleale your
Grace) is the fum of that, which I humbly
take the boldncls to remember your Lord-
fhip of, as to the firtt part of the evidence.
2dly, the fecond part is upon what arif-
eth after the blow was given. My Lord
of Pembroke at that time was certainly ap-

fliips, that he faw the blood in his belly after'
the difieiflion, w! ich he imputed to fomci
hurt he had received. Indeed there is a
chirurgeon that tells your Lordlliips that
it is an ordinary thing, and that it is fo in
all natural deaths, and it might be occa-
fioned by his drinking the beer, which
made him vomit, and concluded v/iththefo

\v.0fdSj

A COL LECTIO

words, (I noted them.) 'lis a clear cafe-, i
but the man not being upon his oath, and I
(giving it in as his lingle opinion, I hope !
will not bear lb much with your Lord-
fhips.

The nurk that was continually with him
to the lall moment, fwears, he did con-
tinually complain after he came into the
houfe, of pains ail over his body, and (as
(he laith) continued in his fenfes, and the
ri^ht ufe ot liis underHanding, till his laft
breath, but principally complained of Ibre-
nefs in his Qiouldcr, his fide,, and his belly,
and did likewlfe often mention my Lord of
J'embrokc's unkindnefs to him, declaring
about two hours before he died, that Ire
tliought in his confcience the Earl of Pem-
broke was the taufe of his death.

Thefe four witneffes fwear what I have
truly repeated, for I would be very unwil-
ling in a caufe of blood, to mifrepeat the
evidence, either to. the prejudice o.,' a jufc
caufe tor the dead, or to [)reis for. unjull I
vengeance upon the living, it being my |
duty only to recollccl wh.ic is fworn, and ;
kaye it all to ycur Lordfliips judgment. j

3d;y. We have that which is evidence in
law, upon t'ne view of tl\e body after his ,-
death., k was viewed legally by a jurvjof |
indifferent perfons, -fummoned by the Co- i
roner v three of them being pn;duced do i
fwear, that there were a grcbt many vifible
bruifes upon the body, and f.veliings all a-
bout : And for the difcolouring of the
parts bruifed, Roberts iwears, the patch
was about the breadth of his hand : Brown
likcvvife fwears, that he was bl .ck and blue
up and down the body in broad patches : j
Thefe are jury-men, difintcnftcd perfons. j
Ic is true, Mr. Cony's brother, the laft |
witnefs for the King faith, he kiiew nothing |
of the bafintf?, for his brother would never j
acknov/ledge any thing to him but fome- j
thing that he fpeaks is very materia]. That
Dr. Conqueft, my Lord's witnefs, coming '
out of the chamber one dav, feemcd an- I

N OF TRIALS-. 403,

gry, and to have taken fome (lidafip, as if
he were negledled, and ufed an exprciTion,
which your Lordfnip may remeiriber, upon
Mr. Cony's asking him what aiied his bro-
ther, he could not tell he f.iid, it might be
" A Pembroke-kick." And this is the
fum of the evidence for the Jving.

For the evidence on the other fide, I.
think the fubRance of it is only, that this
gentleman was ufed 10 have fainting ^ts,
and thofe occafioned, as they think, by his
hard drinking, and that might bring his
death upon him ; but they olicr no coun-
terproof to the fadf.

But the queflion is now, whether or no
this man came to iiis death by other mean.s ;
for it is no argument to lay, becaule a man
is fick, it is lawful to kill him ; but we are
to enquire, whether he came to his death
by thole blows gii'en h m by the prifoner _
at the bar.? If then it be admitred that the
blow was the caufe of his death, and the
kicks withall, I humbly then lubmit to
your Lordfhips confideraticn, whetlicr the
King's evidence hath not reach'd up to tl;e
indiiftment : Here is murther v.-ith malice
implied by the law, for there is n-^j coloui;
ot pleading a provocation of the blov/, to
be the caufe ot. his der.th. Now whetlur-
or no it be fo, I humbly ufler thefe regions
for the affirmation-, this man v.-as nutlook'J
upon to be a man in tliat condition as to ba-
a dying man, brh.re tlie blow.

Oi'j. But he was. a great drinker, th.it
brought him to thofe fits, and that h.dlencd.
liis end.

Jajzv. Though he was fo, yet from the
inlcant that he did receive the blow, ha
never had any eafe till he died, infomuch
that iMr. Sav,?gc tells your Lordfnips, h;*
took him up immediately after my Lord
kicked him, and he was forne miinues be-
fore he could get him to life ai!..in, and
then he could not keep himlclf from
fainting, again : So that upon tb.e circuni-
flances of what the witnetfcs for t!)e pri-

ibner.-

COLLECTION of TRIALS.

•4"4 A

ioner have f i.l, anJ the evidence offVieJ in
behalf of the Kmg, if this v-crc the oaufe
ot h'.s death, we Lave it to your Lordlhips
confideratiuo, vvhetl,er ic be not minder in
t!iis noble Lord the prill;ncr at the bar:
'I o t hit dctern-.ination we fubrnic the c.iiifc-,
and v\ hatcver opinion your Lordlliips fhall
lie of in the cauie, I have no m:>r> to Ly,
but that the King's Jullice in this profcco-
-ti>n, was iuitabie '.o the law given by the
Almighty in the infancy of the world,
" That whofoever (heddeth man's blood,
by man fliall his blood be fhed."

L. li. St. Will your Lordfliips plcafe to
withdraw to confider of the evidence ?

Then the Lords went back in the fame
oivlcr they came in, and went into the
Houfe of Lords -, and from thence, after
two iiours debate, they returned into the
Court, and proclamation was made as tol-
loweth.

CI. cf Cr. Serjeant at Arms, make pro-
clam.;tion.

Serj. O yes, my Lord High Steward of
England, his Grace ftraitly chargeth and
commandcth all manner of perfons here
prefent,. to keep filence upon pain of im-
prifcnment.

Then his Grace fpake to the Peers.

L. H. St. Your Lordfhips have heard
the evidence aguinft the priibncr, and for
him, on both hdes, and the folemnity in
this cafe is, that your opinions are to be
delivered fcverally, iu the abfencc of the
piifoner, who is to hear all that is by the
wicnels or counfel laid againft him, but is
to have his judgment from the High-
Stev/ard.

Upon the whole matter the qucftion is
this ; Whether my Lord of Pembroke be
guilty of the Llony whereof he ihinds in-
dicted, for tlie murthcr of Mr. Cony, or
not guiky ?

The order of your opinions being deli-
vered, is to begin with the Puifne Baron,
a;:d lo upwards.

I defire time to take your LordOiips
judgments dillinftiy, and I defire each of
your Lordfliips to fpeak out, that I may
hear it.

L. H. St. My Lord Butler, what is your
opinion ? Is Phdip, Earl of Pembroke and
Montgomery, guilty of the felony and
murther whcieof he Hands indiiftcd, or not
guilty i"

L. Butler. Not guihy of murther, but
guilty of manflaughter.

The fame quellion to the reft.

The Lord Hi"h-Steward counted their,
numbers.

L. H. St. Six of my Lords find him
guilty : eighteen find him not guilty -.forty
find him guilty of manflaughter. Call for
the prifoner to the bar.

CI. of Cr. Serjeant at Arms, make pro-
clamation.

Serj. O yes, Conflable of the Tower of
London, bring forth the body of thy pri-
foner, Philip, Earl of Pembroke and
Montgomery, on pain and peril fliall fall
thereon.

Then the prifoner came in, with the
edge of the ax flili from him, and his
Gr<ire fpake to him as follovveth.

L 11. St. My Lord of Pembroke, you
have be;n indicted for the murthcr of Na-
thaniel Cony, and upon your arraignment
you- have pleaded Not Guilty, and have
put yourfelf upon the judgment of your
Peers -, and your Peers have confidered
what have been faid for you, and againft
you, and the judgment of my Lords is this.
That you are guilty of manflaughter for
killing of Nathaniel Cony : What can you
fay for yourfelf, why judgment fliouid not
pals upon you to die according to the
law ?

E.cf^. 1 claim the privilege of the
ftatuce made in that cafe, my Lord.

L. H. St. You muft have it, my Lord,
it cannot be denied you ; for by Ad of
Parliament,, where clergy is allowed to a

common

A COLLECTION of

common perfon, by readiog, and burning
in the hand, " a Peer convi£ted" of iuch
felony, is to be delivered without either,
therefore we cannot deny it you : But your
Lordfhip mud give me leave to tell you,
that no man can have the benefit of that
ftatute but cnce, and fo I would have your
Lordlhip take notice of it, as a caution to
you for the future.

Your Lordfnip is now to be difcharged,
paying your fees.

Then the prifoner went from the bar,
and his Grace by proclamation thus dif-
folved his commiflion.

TRIALS. 405

Serjeant at Arms, make pro-

Cl.sfCr.
clamation.

Serj. O yes, O yes, O yes, my Lord
High-Steward of England willeth and com-
mandeth ail perfons here aflembled, to
depart in God's peace and the King's from
this place, for his Grace doth now diflblve
his commiffion.

God fave the Kins.

Then his Grace concluded the ceremonj:,
by breaking his ftafF.

The Trial of WILLIAM PENN and WILLIAM MEAD, at the Sefilons
held at the Old-Baily in London, the ift, 3d, 4th, and 5th of September,
1670.

Samuel Starling, Mayor.
Thomas Howel, Recorder.
Thomas Bludworth, Alderman.
William Peak, Alderman.
John Robinfon, Alderman.

Cryer. O yes, Thomas Veer, — Bufhel,
John Hammond, Charles iVIilfon, Gregory
Walklet, John Brightman, William Plum-
fted, Henry Henley, Thomas Damafk,
Henry Michel, William Lever, John
Baily.

; E N T.

Richard Ford, Alderman.
Jofeph Shelden, Alderman.
John Smith, 7 gj^^^jj^^^

James Edwards,
Richard Browne.

The Form of the Oath,

You fhall well and truly try, and true
deliverance make betwixt our Sovereign
Lord the King, and the prifoners at the
bar, according to your evidence. " So
help you God."

THAT William Penn, Gent, and Wil- Izad year of the King, about eleven of the
liam Mead, late of London, Linen- 1 clock in the forenoon, the fame day, with
draper, with divers other perfons to the force and arms, &c. in the parifh of St.
Jurors unknown, to the number of three |Bennet Gracechurch in Bridge- Ward, Lon-
hundred, the 14th day of Auguft, intheidon, in the ftreet called Gracechurch-
VoL. I. No. 13. ' I i i i Street

4o6

A C O L L E C T I O N

Streef, unla'!.v fully and tUTnukuonfly did
afiernble and congregate themfclves tcge-
ther, to the didurbancc of the peace;of tlic
laid Lord the Kina; : And the aforefaid
William Penn and William Mead, together
with other perfons to the Jurors aforclaid
unknown, then and there fo afTembled and
congregated together ; the aforefaid Wil-
liam Penn, by agi'eement .between him and
William iVIead before made, and by abet-
ment of the aforefaid William Mead, then
and there, in the open ftreet, did tai<e
upon himfelf to preach and fpeak, and
then and there did preach and fpeak unto
the aforefaid William Mead, and other
perfons there, in the ftreet aforefaid, being
afTembled and congregated together, by
reafon whereof a great concourfe and tu-
mult of people in the ftveet aforefaid, then
and there, a lono- time did remain and con-
tinue, in contemot ot the faid Lord the
King, and of his law, to the great diftur-
bance of his peace ; to the great terror and
difturbance of many of his liege people and
fubjefts, to the ill example of all otliers in
the like cafe ofi'enders, and againll the
peace of the faid Lord the King, his crown
and dignity.

What fay you, William Penn and \Vil-
liam Mead, are you Guilty, as you fland
indiifled, in manner and form, as aforefaid,
or Not Guilty ?

Penn. It is impoffible, that we fhould
be able to remember the indictment ver-
batim, and therefore we defire a copy of it,
as is cuftomary in the like occafions.

Recorder. You muft firft plead to the in-
didtment, before you can have a copy of
it.

Penn. I ara unacquainted with the for-
mality of the law, and therefore, before I
flaall anfwer diredly, I requeft two things
of the court. Firtl, that no advantage
may be taken againft me, nor T deprived of
any benefit, which I might otherwife have
received. Secondly, that you will promife

OF TRIALS.

m.e a fair hearing, and liberty of makiiv^
my dcience.

Court. No advr.ntage fliall be taken
againft you •, you ihali have liberty ; yoii
fhall be heard.

Penn. 1 hen I plead Not guilty in man-
ner and form.

C/rrk, What fayeft thou, William Mead,
art tliou Guilty in manner and form, ^^s
thou flandcit indifted, or Not guilty ?

I'.ii'iid. 1 ilialj ciefire the fame liberty as-
is promifed William Penn.

Court. You fhall have it.

Mead. Then I plead Not guilty in man-
ner and form.

The court adjourned until the after-
noon,

Cryer. O yes, &c.

CL'r. Bring William Penn and William
Mead to the bar.

Obfcrv. 1 he faid prifoners were brought,
but were let afide, and other bufinefs pro-
fecuted. Where we cannot choofe but
obferve, that it was the conftant and un-
kind praiftices of the court to the prilbners,
to make them wait upon the trials of felons
and murderers, thereby defigning, in all
probability, both to affront and tire them.

After five hours attendance, the court
broke up and adjourned to the third
inftant.

The third of September 1670, the court
fat.

Cryer. O yes, &c.

Cler. Bring William Penn and William
Mead to the bar.

Mayor. Sirrah, wlio bid you put off
their hats ? Put on their hats again.

Objer. Whereupon one of the officers
putting the prifoners hats upon their heads
(purfuant to the order of the court) brought
them to the bar.

Record. Do you know where you are ?

Penn. Yes.

Record, Do not you know it is the King'a
court ?

Pe7vi^ I

A COLLECTIO

Ftrnn. I know it to be a court, and I
fuppofe it to be the King's court.

Record. Do you not know tliere is refpeft
due to tlie ccurt ?

Penn. Yes.

Record. Why do you not pay it then .?

Perm. I do ib.

Record. Why do you not pull off your
hat then ?

Penn. Eecaule I do not believe that to
be any relped:.

Record. Well, the court fets forty marks
a piece upon your heads, as a fine ror your
contempt of the court.

. Pinn. I defire it might be obferved, that
we came into the court with our hats off,
(that is, taken offj and if they have been
put on fince, it was by order from the
bench ; and therefore not we, but the
bench fliould be fined.

Mend. I have a' queftion to aflc the Re-
corder, Ami fined alfo ?

Record. Yes.

Mead. I defire the Jury, and all people
to take notice of this injuftice of the Re-
corder; who fpake to me to pull off my
hat ? and yet hath he put a fine upon my
head. O fear the Lord, and dread his
power, and yield to the guidance of his
Holy Spirit, for he is not far from every
one of you.

The Jury fworn again.

Obfer. J. Robinlbn, Lieutenant of the
Tower, difingenuoufiy objefted againft

T- Bufhel, as if he had not kiffed the

book, and therefore would have him fworn
again •, though indeed it was on purpofe to
have made ufe of his tenderncls of con-
fcience in avoiding reiterated oaths, to have
put him by his bsing a Jury-man, appre
hending him to be a perfon not nt to
anfwer their arbitrary ends.

The Clerk read the indidment, as afore-
faid.

Clerk. Cryer, call James Cook into the
court, give him his oath.

M OF TRIALS.

407

Ckr. James Cook, lay your hand upon
the book.

The evidence you flull give to the court,
betwixt our Sovereign the King, and the
prifoners at the bar, fiiall be the truth, and
the whole truth, and nothing but the truth
"Sohelp you G)d."

Cock. I .wa? lent for, from the Exchange,'.
to go and difperlc a meeting in Grace-
church-Streer, where I faw Mr, Pcnn
fpcaking to the people, but I could not
hear what he laid, becaufe of the noife : I
endeavoured to make way to take him, but
I could not get to him for the croud of
people ; upon which Capt, Mead came to
me, about the kennel of the ftreet, and
defircd me to let him go on ; for when he
had done, he would bring Mr. Penn to
me.

Court. Wliat number do you think
might be there ?

CcoL About three or four hundred
people.

Court. Call Richard Read, give him \m
oath.

Read being fworn was an<ed. What do
you know concerning the prifoners at the
bar .?

Read. My Lord, I went to Gracechurch-
ftreet, where I found a great croud of
people, and I heard Mr. Penn preach to
them; and I law Capt. Mead fpeaking to
Lieutenant Cook, but what hefaid, I could
not tell.

Mead. What did William Penn fay.?

Read. There was fuch a great noife, that:
I could not tell what he laid.

Mead. Jury, obferve this evidence, he
faid he heard him preach, and yet faith he
doth not know what he faid.

Jury, take notice, he fwears now .1 clean
contrary thing to what he fwore before the
Mayor when we were committed ; for now
he fwears that he faw me in Gracechurch-
ftreer, and yet fwore before the Mayor,
when I was committed, that he did not fee

4o8 A C O L L E C T I

me there. I appeal to the Mayor himfelf,
if this be not true. But no ,anfwer was
given.

Couri. What number do you think
might be there ?

Iliad. About four or five hundred.

Penn. I defire to knov/ ot him what day
it was ?

Read. The 14th day of Augufl,

Penn. Did he fpeak to me, or let me
know he was there; for I am very hire I
never faw limi.

Clerk. Cryer, call — into the

court.

Cciirt Give him his oath.

My Lord, I faw a great number of

people, and Mr. Penn I fuppofe was fpesl<

^ . I fee him make a motion with hi:
hands, and heard fome noife, but could
not undcrftand what he Hiid. But for
Capt. Mead, I did not fee him there.

Ric. What fay you, Mr. Mead, were
you there ?

Mend. It is a maxim in your own law,
Nemo tcnetur accufare feipfum, which if it
be not true Latin, I am fure it is true
Englifh, " That no man is bound to accufe
himfelf: And why doft thou offer to en-
fnare me with fuch aqueftion PDoth not this
fhew thy malice ? Is this like unio a Judge,
that ought to be counfel for the prifoner at
the bar .''

Rec. Sir, hold your tongue, I did not go
about to enfnare you.

Pen. I defire we may come more clofe to
the point, and that filence be commanded
in the Court.

Cry. O yes. All manner of perfons keep
filcnce upon pain of imprifonment Si-
lence in the Court.

Pen. We confefs ourfelves to be fo far
from recanting, or declining to vindicate
the afllmbling of ourfelves to preach, pray,
or worfliip the eternal, holy, juft God, that
we declare to all the world, that we do be-
lieve it to be cur indifpenfible duty, to
mtct inccffantly upon fo good an account ; j

ON OF TRIALS.

nor fliall all the powers upon earth be able
to divert us from reverencing and adoring
our God who made us.

Broivn. You are not here for worfliip-
ping God, but for breaking the law ; you
do yourlelves a great deal of wrong in go-
ing on in that dilcourfe.

Pen. I affirm I have broken no law, nor
am I guilty of the indictment that is laid
to my charge ; and to the end the Bench,
the Jury, and myfelf, with thcfe that hear
us, may have a more diredt underftanding
of this procedure, I defire you would let
me know by what law it is you profecute
me, and upon what law you ground my
indictment.

Rec. Upon the common law.

Pen. Where is that common law ?

Rec. You muft not think that I am able
to run up fo many years, and over fo many
adjudged cafes, which we call common
law, to anfwer your curiofity.

Pen. This anfuer I am fure is very fliort
of my queftion, for if it be common, ic
fhculd not be fo hard to produce.

Rec. Sir, will you plead to your indict-
ment ?

Pen. Shall I plead to an indiCtment that
hath no foundation in law ? If it contain
that law you fay I have broken, why fhould
you decline to produce that law, fince it
will be impofiible for the Jury to deter-
mine, or agree to bring in their verdiCl,
who have not the law produced, by which
they fhould meafure the truth of this in-
dictment, and the guilt, or contrary of my
fad?

Rec. You are a fawcy fellow, fpeak to
the indictment.

Pen. I fay, it is my place to fpeak to
matter of law ; I am arraigned a prifoner ;
my liberty, which is next to life itfelf, is
now concerned : You are many mouths
and ears againft me, and if I muft not be
allowed to make the beft of my cafe, it is
hard. I fay again, unlefs you fliew me,

and

A COLLECTION op TRIALS.

ini the people, the law you ground your
intiiiflmenc upon, I fhall take it for granted
your proceedings ar.- meerly arbitrary.

Rec. The queftion is, whether you are
guilty of this indictment ?

Fl'ii. The queftion is not whether I am
guilty of" this inditlment, but whether this
indictment be legal. It is too general and
imperfeft an anfwer, to fay it is the com-
mon law, unlefs we knew both where, and
what it is: For where there is no law, there
is no tranfgreflion ; and that law which is
not in being, is fo far from being cornmon,
that it is no law at all,

Rec. You are an impertinent fellow, will
you teach tiie Court what law is ? It's iex non \
fctipta, that which many have ftudied thir- I
ty or forty years to know, and would you ;
have me to tell you in a moment ? \

Pen. Certainly, if the common law be fo
hard to be underftood, it is far from being
very common ; but if the Lord Cook, in
his Inftitutes, be of any confideration, he
tells us, that common law is common right,
and that common right is the great charter-
privileges ; Confirmed 9 Hen. III. 29.
.25 Edw. I. J. 2 Edw. III. 8. Cook Inftit.
2. p. 56.

Rec. Sir, you are a troublefome fellow,
and it is not for the honour of the Court to
fuffer you to go on.

Pen. 1 h.ive allced but one queftion, and
you have not anfwered me -, tho' the rights
and privileges of every Englifliman be con-
cerned in it.

Rec. If I fliould fuffer you to afk quef-
tions till to morrow morning, you would
be never the wifer.

Pen. That is according as the anfwers
are.

Rec. Sir, we muft not ftand to hear you
talk all night.

Pen. I defign no affront to the Court,

but to be heard in my juil plea : And I

muft plainly tell you, that if you v.'ill deny

me Oyer of that law, which you fuggeft I

Vol. I. No. 14.

3^9

I have broken, you do at once deny me an

j acknowledged right, and evidence to ti-i?

I whole world your relblution to facrifice tiie

privileges of Engliflimen to your linifler

and arbitrary defigns.

Rec. Take him away. My Lord, if you
take not fome courfe with this peflilent fel-
low, to ffop his mouth, we fliall not be a-
ble to do any thing to ni^ht.

Mayor. '1 ake him away, take him away,-
turn him into the bale-dock.

Pen. Thcfe are but lb many vain excla-
mations : Is chis jultice or true judgment ?
Muft I thetefore be taken away becaufe I
plead for the fundamental laws of Eng-
land r However, this I leave upon vour
confciences, who are of the jury (and my
fole judges) that if thele ancient funda'-
mental laws, which relate to liberty and
property, and (are not limited to particu-
lar perfuafions in matters of religion) muft
not be indifpenfibly maintained and ob-
ferved, who can fay he hath right to the
coat upon his back ? Certainly our liber-
ties are openly to be invaded, our wives to
be raviflied, our children flaved, our fa-
milies ruined, and our eftates led away in
triumph, by every fturdy beggar and ma-
licious informer, as their trophies, but our
(pretended) forfeits for conlcience fake.
The Lord of Heaven and Earth will be
Judge between us in this matter.
Rec. Be filent there.

Pen. I am not to be filent in a cafe where-
in I am fo much concerned, and not only
myfelf, but many ten thoufand families
befides.

Obfer. They having rudely haled him
into the bale-dock, WMliam Mead they left
in Court, who fpake as followeth.

Mead. You men of the Jury, here I do
now ftand, to anfwer to an indictment
againft me, which is a bundle of fluff, full
of lies and falfehoods ; for therein I am
accufed, that I met Vi i^ ariiiis, iliicite et
timnltnofe : Time was, when I jiad free-
K k k k dom

31© A C O L L E C T I O

dom to ufe a carnal weapon, End then I 1
thovight I feared no man ; but now I fear I
the Living God, and dare not make ufe
thereof, nor hurt any man •, nor do I know |
I demeaned mylelf as a tumultuous perfon : j
I lay, I am a peaceable man, therefore it !
is a very proper queltion what William
Penn demanded in this cafe, an Oyer of the ]
law, on which our indidment is grounded, j
Rcc. I have made aniwer to that already, j
Mead. Turning his face to the Jury, faiih.
You reen.of the Jury, who are my Judges,
If the Recorder will not tell you what
makes a riot, a rout, or an unlawful al'-
fembly. Cook, he that once they called
the Lord Cook, tells us what makes a riot,
a rout, and an unlawful affcmbly. — A riot
is wben three, or more, are met together
to beat a man, or to enter forcibly into an-
other's man's land, to cut down his grafs,
his wood, or break down his pales.

Ohfcr. Here the Recorder interrupted
him, and faid, I thank you Sir, that you
will tell me what the law is, fcornfuliy pull-
ing off his hat.

Mead. Thou mayft put on thy hat,. I
have never a fee for thee now.

Brozvn. He talks at random, one while
an independent, another while fome other
religiim, and now a Qiiaker, and next a
Papift.

Mead. Turpe eji do&ori cum culpa redar-
giiitad ipfum.

May. You deferve to have your tongue
tut out.

Rec. If you difcourfe on this manner, I
fhall take occaOon againft you.

Meed. Thou didit promife, me, I fhould
have fair liberty to be heard : Why may I
not have the privilege of an Englilhmaa .-'
I am an Englifhman, and you might be
afhamed of this dealing.

Rec. I look upon you to be an enemy to
the laws of England, which ought to be
obfervcd and kept, nor are you v/orthy of
fgch privileges, as others have.

N OP TRIALS.

Mead. The Lord is Judge between rae
and thee in this matter.

Obfer. Upon which they took him away
into the Bale-dock, and the Recorder pra-
ceeded to give the Jury their charge, as
foUoweth.

Rec. You have heard what the indid-
ment is. It is for preaching to the people,
and drawing a tumultuous company after
them, and Mr. Penn was fpeaking ; if;
they fliould not be difturbed, you fee they
will go on ; there are three or foitr wit-
neffes that have proved this, that he did
preach there ; that Mr. Mead did allow of
it : after this, you have heard by fubflan-
tiaJ witneflcs what is faid againll them :
Now we are ui^on the matter of fact, which
you are to keep to, and obferve, as wh.i?
hath been fully fworn,, at your peril.

Obfer. The prilbncrs were put out of the
court into the bale-dock, and the charge
given to the Jury in their abfence, at which
W. P. with a very raifed voice, it being a
confiderable diftance from the Bench,
fpake.

Pen. I appeal to the Jury, who are my
Judges, and this great Aflembly, whether
the proceedings of the Court are not moft
arbitrary, and void of all law, in offering
to give the Jury their charge in the abfence
of the prifoners ; I fay, it is diredly oppo-
fite to, and dcftrudiv<^ of, the undoubted-
right of every Englifli prifoner, as Cook in
the 2 Inftit. 29. on the chap, of Magna
Charta fpeaks.

Obfer. The Recorder being thus unex-
pectedly lathed for for his extrajudicial
procedure, faid, with an enraged fmile.

Rec. Why, ye are prefent, you do hear,
do you not ? •

Pen. No thanks to the court, that com-
manded me into the baie-dock ; and yuu
of the jury take notice, that I have not been
Iieard, neither can you legally depart the;
court, before I have been fully heard, hav-
ing at leaft ton or twelve material points to

oSei"

A COLLECTION of TRIALS. 371

offer, in order to invalid their indidment.I giiage, and behaved thgnfelves very impe-
Rec. Pull that fellow down, pull himi rioufly to the jury, as perfons not more;
down. j void of juftice than fober education ; after

Mead. Are thefe according to the rights this barbarous iifage, they fent them x.a
and privileges of Englifhmen, that we] confider of bringing in their verdid:, and
fliould not be heard, but turned into the j after fonie confiderable time they returned
bale-dock, for making our defence, and the | to the court. Silence was called for, ancf

jury to have their charge given them in our
abfence ? I fay thefe are barbarous and un-
juft proceedings.

Rec. Take them away into the hole : To
hear them talk all nighr, .is they would,
that I ihink doth not become the honour
ot the court, and I think you (i. e. the jury)
yourfelves would be tired out, and not
have patience to hear them.

Obfcr. The jury were commanded up to
agree upon their verdift, the prifoners re-
maining in the ftinking hole. After an
hour and half's time eight came down
agreed, but four remained above ; the
court fent an officer for them, and they ac-
cordingly came down. The bench ufed
many unworthj^. threats to the four that dif-
fented ; and the 'Recorder, addrclling him-
felf to Bulhell, faid,_ " Sir, you are the
caufe of this diilurbance, and manifeftly
fhew yourfelf an abettor of fadlion ; I ihall
fet a mark upon you. Sir."

J. Robinfon. Mr. Bufhel, I have known
you near this fourteen years •, you have
thruil yourfelf upon this jury, becaufe you

the jury called by their names.

Cler, Are you agreed upon your verdicl .-*'

Jury. Yes.

Cler. Who fhall fpeak for you ?

J'ury. Our fore- man.

Cler. Look upon the prifoner at the bar ;
How fay you ? Is William Penn guilty of
the matter whereof he (lands indided in
manner and form, or Not guilty ?

Fore-m. Guilty of fpeaking in Gr?.ce-
cluirch-llreet.

Court. Is that all .'

Fore-m, That is .ill I have in commif-
fion.

Rec. You had as good fay nothing.

May. Was it not an unlawful airembly f'
you mean he was fpeaking to a tumult of
people there ?

Fore-m-. My Lord, this is all I had in
commiflion.

Objer. Here fome of the jury feemed to
buckle to the queftions of the court -, upoo*
which, Bufhcl, Hammond, and fome others,
oppofed themielves, and faid, they allowed .
of no fuch word, as an unlawful afTembly

think there is fome fervice for you ^ I tell | in their verdift ; at whicli the Recorder,

you, you dclerve to be indicted more than
any man that hath been brought to the bar
this day.

BitJ}icl. No, Sir John, there were three-
fcore before me, and I would willingly have
got off, but could not.

Blocd-^. I faid, when I faw Mr. Bufhel,
what I fee is come to pafs, for I knew he
would never yield. Mr. Buihel, we know
what you are.

May, Sirrah, you are an impudent fel-
low, 1 will put a mark upon you.

Qbfcr. They ufed much menacing Ian-

Mayor, Robinfon and Bloodworth tcol:-
greatoccafion tovillify them with mofl; op-
probrious language; and this verdi6t not
lerving their turns, the recorder exprefs'd''
himfelf thus :

Rec, The law of England will not allow
you to part till you have given in yourver-
dift. .

Jury. We have given in our vcrdicl, and "
we can give in no other,

Rec. Gentlemcnj you have not given in-
your verdift, and you iiad -as good lay no--
therefore go and confider it once

thing

•512

A COLLECTION or TRIALS.

mox-C, 'th.it we Tiviy make an end of this; Rec. Gentienien, you fliall not be dif-

;roub!efome bufint.

milTcd till- we have a verciid, tint the court

Jury. We dcfire we may have pen, ink, 'will accept-, and you fhall be locked up^
and paper. i without meat, drink, fire, and tobacco i

Obfcr. The court adjourn'd for half an |you fhall not think thus to abuil- the court ;
hour-, which being expired, the court re- 'we will have a verdict, bythe help of God,
•turns, and the jury not long after. ior you fliall Itarve for it.

The prifoners were brought to the bar,' Pen. My jury, vshoare my judge?, ought
and the jury's names called over. , not to be thus menaced-, their verdid iliould

Cler. Are you agreed of your verdict ? .be free, and not compelled-, the bench

'jur. Yes.
Cler. Who fliall fpeak for you ?
Jur. Our fore-man.

Cltr. What lay you, look upon the pri-
-foners : Is William Pen Guilty in manner

ought to Wait upon them, but not foreftall
them. I do defne that juftire may be done
me, and that the arbitrary refolvcs of the
bench may not be made the meafure of my
jury's verdifl.

and form, as he flands indicted, or Not i Rec. Stop that prating fellow's mouth,
guilty r or put him out of the court.

Fore-m. Here is our verdid, holding! May. You have heard that he preach'd,
forth a piece of paper to the clerk of the that he gathered a company of tumultuous
peace, which follows: jpeople, and that they do not only difobey

I the martial power, but civil alio.

" WE the jurors, hereafter named, doj Pen. It is a great niifl;ake ; we did not
find William Fen to be guilty of ipeakingjmake the tumult, but they that interrupted
or preaching to an aflembly, met together! us: Thejury cannot be fo. ignorant, as to
in Gracechurch-ltreet, the 14th of Augulljthink, that we met there, ^'ith a defign to
lafl: 1670. And that William Mead isNot'difturb thecivil peace, fince(ifl:.)wewere by

guilty of the faid indiftment."

Forc-in. Thomas Veer, Charles Milibn,
Edward Bufliel, Greg. Walklet,
John Hammond, John Baily,
Henry Henley, William Lever,
Henry Michel, Janies Damafk,
J. Biightman, Wd. Plumfted.

Ohjer. This both Mayor and Recorder
rcfented at fo high a rate, that they exceed-
ed the bounds ot all reaibn and civility.

h'lay. W hat, will you be led by fuch a
filly tedow as Bufhcl ? an impudent cant-
ing fellow ? I warrant you, you fliall come
no more upon juries in halte -, you are a
foreman indeed, addrefTing hmilelf to the
fort man, I thouglit you had underfl:ood
your place better.

force of arms kept out of our lawful houfe,
and met as near it in the ftreet, as their
foldiers would give us leave; and (2dly,)
becaule it was no new thing ("nor with the.
circumftances exprefs'd in the indidment)
but what was ufual and cuftomary with us ;
'tis very well known that we are a peaceable
people, and cannot offer violence to any
man.

Ohfer. The court being ready to break
up, and willing to huddle the prifoners to
their goal, and the jury to their chamber,
i'enn I'poke as follows.

Pen. The agreement of twelve men is a
verdidt in law, and fuch a one being given
by thejury, I require the clerk of the peace
to record it, as he will anfwer it at his pe-
ril. And if the jury bring in another ver-
did contradidory to this, I affirm they are
perjur'd men in law : And looking upon

the

A COLLECTION of TRIALS.

the jury, faid, you are Engliflimcji, mind
your privilege, give not away your right.

BtiJ?!. &c. Nor will we ever do if.

Obfer. One of the jury-men pleaded in-
difpofition oi body, and therefore defired
to be difmifled.

May. You are as ftrong as any of them,
ftarve them, and hold your principles.

Rec. Gentlemen, you muft be contented
with your hard fate, let your patience over-
come it : for the court is refolved to have
averdid, and that before you can bedifmift.

yury. We are agreed, we are agreed, we
are agreed.

Obfer. The court fwore feveral perfons,
to keep the jury all night without meat,
drink, fire, or any other accomodation ;
they had not fo much as a chamber-pot,
tho' defired.

Cry. O yes, &c.

Ohjer. The court adjourns till feven of
the clock next morning, (being the fourth
inftant, vulgarly called Sunday) at which
tim.e the prifoners were broughtto the bar:
The court fat, and the jury called to bring but a m.cer nofeofwax

Alay. You are a fa6tious fellov/, i'il
take a courfe with you.

Blood. I knew Mr. Bufhcl would not
yield.

Buflu Sir Thomas, I have done accord-
ing to my confcience.

May. Thar confcience of yours would
cut my throat.

Bujh. No, my Lord, it never fliall.

May But J will cut yours fo foon as I
can.

Rec. He has infpired the jury ; he has
the fpirit of divination, metiiinks I feel
him ; I will have a pofitive verdift, or you
fliall ftarve for it.

Pen I defire to afic the Recorder one
queltion. Do you allow of the verdicl: given
of William Mead .?

Rec. It cannot be a verdiift, becaufe you
were indiftedfor a confpiracy, and one be-
ing found not guilty, and not the other, it
could not be a verdid:.

Pe7t. If Not guilty be not a verdid, then
you make of the jury and Magna Charta

in their verdift,

Qy. O Yes, &c. — Silence in the court
upon pain of imprifonment.

i he jury's names called over.

Mead. How ! Is not guilty no verdid: ?
Rtic. No, 'tis no verdid:.
Pen. I affirm, that the confentofa jurv
is a verdid in law ; and if William Mead

Cler. Are you agreed upon your ver- be not guilty, it confequently follows, that

did ?

Jur. Yes.

Cler. Who fliall fpeak for you ?

Jur. Our Fore-man.

Cler. What fay you ? Look upon the
prifoners at the bar : Is William Penn
guilty of the matter whereof he ftands in-
did:ed, in manner and form as aforefaid,
or not guilty .''

Fore~m. William Penn is guilty of fpeak-
ing in Gracechurch-ftreet.

May. To an unlawful affembly ?

Bitjli. No, my Lord, we give no other
verdift than what we gave lall ni^ht ; v/e
have no other verdid to give.

Vol. 1. No. 14.

I am clear, fince you have indided us of a
confpiracy, and I could not poffibly con-
fpire alone.

Obfer. There were many pafPages, that
could not be taken, which pafTcd between
the jury and the court. The jury went up
again, having received a frcfli charge from
the bench, if poffible to extort an unjuft
verdid.

Cry.- Oyes, &c. Silence in the court.

Cour. Call over the jury. Which was
done.

Cler. What fay you .-" Is William Penn
Guilty of the matter whereof he ftands in-
dided, in manner and form, aforefaid, or
Not guilty ?

L 1 11 - Fcre-'iU.

s^^

A COLLECTION of TRIALS.

Fore-m. Guilty of ipcaking in Grace--
church-ftreet.

Rec. What is this to tlie purpofi; ? I fay
I will have a vcrdift. And ipcaking to
Ed'w. liufhcl, fiiid, you area faftious fellow ;
I will fct a mark upon you ; and whilft 5
have any thing to do in the city, I w'Jl have
on. eye upon you.

Iv'lay. Have you no more v/it than to bt
led by iuch a pitiful fellow ? 1 will cit his
r.ofr.

Pen. It is intolerable that my jury fliould
be thus mtr.aced : Is this accoiding to the
fundamental laws } Are not they my pro-
per judges by the great charter of England ?
/What hope is there of ever having juftice
done, when juries are threatened, and their
verdidts rejefted ? I am concerned to fpeak
and grieved to fee fuch arbitrary proceed-
ings. Did not the Lieutenant of the Tower
render one of them worfe than a felon ?
And do you not plainly feem to condemn
fuch for taftious fellows, who anlwer not
your ends .'' Unhappy are thofe juries, who
are threatned to be fined, and ifarved, and
ruined, if they give not in verdidls contra-
ry to their confciences.

Rcc. My Lord, you muft take a courfe
with that lame fellow.

May. Stop his mouth •, Jailor, bring
fetters, and flake him to the ground.

Pen. Do your pleafure, 1 matter not
your fetters.

Rec. Till nov/ I never ujnderftood the
realbn of the policy and prudence of the
Spaniards, in fulfering the inquifition
among them : And certainly it will never
be well with us, till fomething like unto
theS})anifh inquifition be in England.

Obfer. The jury being required to go to-
gether to find another veritf, and ftedfaftly
reiufing it (faying they could give no other
verdift than what was already given) the
Kccorder in great pafTion was running off
the bench, with thefe words in his mouth,
•' I protcll I will fit here no longer to hear

thefe things •," at which the Mayor caliing>^
" Stay, flay," he returned, and directed-
Ifimiclf unto the jury, and fpoke as follov,'-
cth:

Rec. Gentlemen, we fliall not be at this
trade, always with you ; you will find the'
next felTions of Parliament there wiJ be
, a lav/ made, that tliofe that will not con-"
form fliall not have the protcclrion of the
law. Mr. 1 .ee, draw up another verdict,
i that they may bring it in fpecial.
Lee. 1 cannot tell how to do it.
Jar. We ought not to be rcturn'd, hav-
ing all agreed, and fet our hands to the'
verdift.
1 Rec. Your verdift is nothing, you play
: upr)n the court ; I fay you iliall go toge-
ther, and bring in another verdi<ft, or you
fliall llarve •, and I will have you charted
about the city, as in Edward the 'i'hird's
' time.

j Fore-m. We have given in our verdift,
and all agreed to it ; and if we give in ano-
I ther, it v.-ill be a force upon us to iave our
lives.

A'M^y. Take theni up.
OJ/ic. My Lord, they will not gO up.
Ob/e>: I'he Mayor fpoke to the Sheriff, '
and he came off of his feat, and laid,

Sbcr. Come, Gentlemen, you nmft go
up-, you itcl am commanded to make you

'^O

Obfer. Upon v^hich the jury went up ; .
and feveral Iworn to keep them without
any accomodation, as aforefaid, till they
brought in their verdiel.

Cry. O yes, &c. The court adjourns till
to-morrow morning, at feven of the clock.

Obfer. The prifoners were remanded to
Newgate, where they remained till next
morning, and then were brought unto the
court, which being fat, they proceeded as
followeth :

Cry. O yes, &c. Silence in the court
upon pain of imprilbnment.

CUr,

A COLLECTIO

Cler. Set William Pcnn and William
Mead CO the bar. Gentltmcn of the juiy,
anfwer to your names •, Thomas Veer, Ed-
Mard Bulhcl, John Hammond, Henry
Henly, Henry Michell, John Erigluman,
Charles Millon, Gregory Walklet, John
Kaily, William Leayer, James Damaik,
Williami Plumflead. Are you all agreed
of your verdid ?
■ y'ur. Yes.

Cldr. Who fliall fpeak for you .''

Jiir. Our fore-man.

CUr. Look upon the prifoners. What
fay you ? Is William Penn guilty of the
matter whereof he (lands indided, in man-;
ner and form, &c. or not guilty ^

Fore-m. Here is our verdift in writing,
and our hands fubfcribed.

Obfer. The Clerk took the paper, but
was llopt by the Recorder from reading of
it ; and he commanded to afk for a pofitive
verdift.

Forc-m. That is our verdift, we have
fubfcribed to it.

Cler. Kow fay you .'' is William Penn
guilty, &c. or not guilty ?

Fore-m. Not guilty.

Cler. How fay you ? is William Mead
Guilty, &c. or not guilty ^

Fort-ni. Not guilty.

Cler. Then hearken to your verJidl ; you
fay that VVilliamPenn is not guilty in man-
ner and form as he ftands indifted •, you
fay that Vs'illiam Mead is not guilty in
manner and form as he ftands indifted, and
fo you fay all }

Jur. Yes, we do fo.

Obfer. The bench being unfatisfied with
tfee. verdict, commanded that every perfon

N OF TRIALS.

115

fhould diftinfily anfwer to their names, and
give in their verdift, which they unani-
mouHydid, in faying, Not guilty, to the
great fatisfadion of the afTemhly.'

Rec. I am forry, gentlemen, you have
followed your ownjudgments and opinion'^, .
rather than the good and wholelbme advice,
which was given you ; God keep my lire
out of your hands ; but for this the court
fines you forty marks' a man ; and impri-
fonment till paid. At which Penn ftept up,.
tov.-ards the bench, and faid :

Pen. I demand my liberty, being freed
by the jury.

May. No, you are in for your fines.

Pen. Fines ! for what ?

May. For contempt of the court.

Pen. I aflc, if it be according to the fun.-<
damental laws of England, that any Eng-
lifn-man fhould be fined or amerced, but'
by the judgment of his Peers or jury •, fince
it exprefsly contradicts the fourteenth "ahd'
tv.'enty-ninth chap, of the great Charter' of'
England, which fay. No free-man ought
to be amerced, but by the oath of good
and lawful men of the vicinage.

Rec. Take him av/ay, take him away,
take him out of the court.

Pen.\ can never urge thefundamental laws
of England, but you cry. Take him avv'ay,
takehimaway. Butit isnowonder, fincethe
Spanifli inquifition hath fo great a place in
the Recorder's heart. God Almighty, who
isjuft, will judge you all for thefe things.

Ohfer. They haled the prifoners into the
bale-dock, and from thence fenc them to .
Newgate, for non-payment of their fines j'-,
and fo were cheirjury,

Articles

;i6

A COLLECTION of TRIALS.

Articles of Impeachment of High-Treafon and other Hioh Crimes, Mifdemeanors
and Offences, againil THOMAS EARL of DANBY, Lord High Treafiirer
of ENGLAND ; a? they were delivered in to the Houfe of Lords, in the name
of the Commons of England, by Sir Henry Capel, December 23. 1678.

l\rv ■
I. '^"T^HAT he hath traiteroufly -en-

-H- croached to himfelf regal power,
by treating iii matters of peace and war
with foreign miniflers and ambafTadors,
and giving infrruftions to his Majetly's
arnbajFadors abroad, without communicat-
ing the fame to tlie fecretaries of ftate, and
.the reft of his i^>4ajefty's council, againft the
expref<; declaration of his IVIajefty and his
Parliament ; thereby intending to defeat
and overthrow the provifion that has been
c[tliberatcly made by his Majefty and his
rarliamcnt for the fafety and prefervation
of his Majefty's kingdoms and dominions.
II. That he hath traiterouily endeavoured
to fubvert the ancient and well eftablilhed
ibrm of government in this kingdom, and
inftead thereof to introduce an arbitrary
and tyrannical way of government ; and
t]ie better to effefl this Ins purpofe, he did
dcfign the raifing of an army, upon pre-
tence of a war againd the French King,
and to continue the fame as a ftandingarmy
within this kingdom : Andean army being
fo raifed, and no war enfuing, an Adl ot
Parliament having paflqd to pay and dif-
band the fame -, and a great fum of money
being granted for that end, he did conti-
nue the army contrary to the faid Aft, and
mifemploycd the faid money given for the
diPoanding, to the continuance thereof, and
iffued out of his Majelly's revenues divers
great fums of money for the faid purpofe,
and wilfully neglected to take fecurity of
the pay-maftersof the army, as the faid Aft
required ; whereby the-faid law is eluded,
atid the army is yet continued, to the great

danger and unneceflary charge of his Ma-
jefty and the whole kingdom.

III. That he traiteroufly intending and
defigning to alienate the hearts and affec-
tions of his Majefty's good fubjefts from
his royal perfon and government, and to
hindtrr the meetings of Parliaments, and to
deprive his facred Majefty of their fafe and
wholefome counfel, and thereby to alter
the conftitution of the government of this
kingdom, did propofeand negociate a peace
for the French King, upon terms difadvan-
tageous to the intercft- of his Majefty and
his kingdoms ; for the doing whereof, he
did endeavour to procure a great fum of
money from the French King, for enabling
him to maintain and carry on his faid traite-
ruos defigns and purpofcs, to the hazard of
his Majelly's perfon and government.

IV. I'hat he is Popilhly affcfted, and
hath traitcully concealed (after he had no-
tice) the late horrid and bloody plot and
confpiracy, contrived by the Papifts, againft
his iVIajeity's perfon and government ; and
hath lupprefled the evidence, and reproach-
fully dil'countenanced the King's witneffcs
in tiie difcovery ot it, in favour of Popery,
immediately tending to the deftruftion of
the King's facred perfon, and the fubverfton
oftheProteftant religion.

V. That he hath wafted the Kino's trea-
fure, by iflTuing out of his Majefty's ex-
chequer feveral branches of his revenue for
unneccflluy penfions and fecrct fervices,
to the value of 23 1,602 1. within two years,
and that he hath wholly diverted out of t'le
known method and government of the ex-

j:hequcr,

A COLLECTIO

chequer one whole branch of Iiis Majeily's
revenue to private ufes, without any ac-
compt to be made of it to his Mjjelly in
his exchequer, contrary to the exprefs Acft
of Parliament, which granted the fame ;
and he hath removed two or his Majefiry's
commiffioners of that part of the revenue,
for refufino; to confent to fuch his unwar-
rantable aiftings therein, and to advance
money upon that branch of the revenue for
private ufes.

VI. That he hatli by indirecft means pro-
cured from his Majelly to himfcif divers
confiderable gifts and grants of inheritance,
of the ancient revenue of the crown, even
contrary to Afts of Parliament.

For which matters and things the knights,
citizens and burgefies of the Commons in
Pailiament, do, in the name of themfelves,
and of all the Commons of England, im-
peach the laid Thomas Eail of Danby,
Lord High- Treafurer of England, of High-
treafon, and other high crimes, mifdemea-
nours and offences, in the faid articles con-
tained : And the faid Commons by pro-
teftat!on, faving to themfelves the liberty of
exhibiting at any time hereafter, any other
accufation or impeachment againft the faid
Earl, and alfo of replying to the anfwers
which the faid Thomas Earl of Danby (hall
make to the premifes, or any of them, or
any impeachment or accufation that ihall
be by them exhibited, as thecaufe (accord-
ing to courfe and proceedings of Parlia-
ment) fliall require ; Do pray, that the laid
Thomas Earl of Danby, may be put to an-
fwer ail and every the premifes, that fuch
proceedings, trials, examinations and judg-
ments may be upon them, and every one
of them had and ufed, as fliall be agreeable
to law andjufticej, and that he may be fe-
queftred from Parliament, and forthwith
committed to fafe cuftody.

Jovis 20 die Martii, 1678.

Vol; I. No. J4.

N OP T R I A L S. 317

Refolved, TJeniim contraJicente.
" That 3 meflage be fent to the Lords,
to put them in mind of the impeachment
of Hightreafon, exhibited againlc Thomas
Earl of Danby, in the name of the Com-
mons of England, and to defire that he may
be fcrthwith committed to hie cuitudy."

Refolved, &c.
'_' That it be referred to the committee
of fecrefy to draw up further articles againft
Thomas Earl of Danby."

Sahhati 22 die Martii, 1678.

Refolved, Nemim coKlradicente.
" That a mefTage be immediately fent
to the Lords, to remind their Lordfhips of
the laft mefTage fent from this Houfc re-
lating to Thomas Earl of Danby •, and to
demand, that Thomas Earl of Danby may
be forthwith fequeflred from Parliament,
and committed to fafe cuftody."

Mortis 25 die Martii. 1679.

" A mefTage from the Lords by Baroa
Littleton, and Baron Thurland."

Mr. Speaker, We are commanded by
the Lords to acquaint this Houfe, That they
fent to apprehend Thomas Earl of Danby,
both to his houfe here in town, and to his
houfe at Wimholton •, and that the gentle-
man uflier of the black rod had returned
their Lordfliips anfwer, that he could not
not be found.

Veneris 4 die Apr His, 15-9.

Refolved,
" That an humble addrefs be made to his
Majefty, to dehre his Majefty to ifTue out
his royal proclamation for the apprehend-
ing Thomas Earl of Danby •, with the
ufual penalties upon fuch as fhall conceal
M m m m him :

3i3 A C O L L E C T

him : And that his Majefty fhoiild be fur-
ther plcaled to give order to the officers of
liis Majefty's houfiiold, That they take
c.irethac the laid Earl of Danby.be not per-
mitted to reliJe within cither of his Maje-
fty's palaces of Whitehall, Somerfct-hoofe,
and >t. James. And it is referred to Mr.
Powel, ike. to prepare and draw up the
fame, and prefent it to the Houfe to-mor-
row morning."

The Plea of i": Earl of Danby, late Lord
High-Treafurer of England, to the Ar-
ticles of Impeachment, and other High
Crimes and Mifdemeanors, and Offences,
exhibited againft him by the Name ot
Thomas, Earl of Danby, Lord Eligh-
Trealurer of England.

THE faid Earl for plea, fiith, and
humbly offereth to your Lordfhips, as to
all and every the treafons, crimes, mifde-
meanors, and offences, contained or men-
tioned in the fiiid articles, that after the
faid articles exhibited, namely, the firft of
March, now lalt pad, the King's moft Ex-
cellent Majefty, by his moft gracious letters
patents of pardon, under his great feal of
England, bearing date at Weftminftcr, the
faid firft day of March, in the one and
thirtieth year of his Majelty's reign ; and
here, into this moft high and honourable
court,' produced under the laid great feal.

Of his fpecial grace, certain knowledge,
and meer motion, hath pardoned, remifed
and relealed to him, the faid Thomas Earl
of Danby, all, and all manner of treafon";,
mifprifions of treafons, iniurredions, re-
bellions, felonies, exadions, oppreffions,
publicatiDns of words, mifprifions, confe-
deracies, concealments, n-ghgencies, omif-
fions, offences, crimes, contempts, mifde-
meanors and trefpaffes whatfoever, by him-
felf alone, or wiih any other perfon or per-
fons, or by any other, by the command,
advice, allenr, confent, or procurement of

ION OF T P. .1 A L S.

him the faid Thomas Earl of Danby, ad-
viled, committed, atte;npted, made, per-
petrated, coni t-aled, comnfitted, or omit-
ted, before the 27th day of February
then and now lall; paft, being alio after
the time of tiie faid articles exhibited,
althorugh the fa'd premifes, or any of them
did, or (hould touch or concern the perfon
of his faid Majefty, or any of his public ne-
gotiations whatfoever ; and alfo his Ma-
jelty's affairs with foreign embaffacors fent
to his faid Majefty, or by not rightly pro-
fecuting his Majefty's inftruftions and com-
mands to his embaffadors, rcfiding on his
Majefty's behalf in foreign parts.

And as to all and fingular acceffarics to
the laid premifes, and every of them, al-
though he the faid Thomas Earl of Danby
were, or were not of the fiid premi'.es, or
any of them, indicled, impeached, appeal-
ed, accufed, convicted, adjudged, out-
lawed, condemned, or attainted ; and all
and fingular indiclments, impeachments,
inquifitions, informations, exigents, judg-
ments, attainders, out-lawries, conviflions,
pains of death, corporal punifhments, im-
prifonments, forfeitures, punifliments, and
all other pains and penalties whatfoever, for
the fame, or any of them ; and all, and all
manner of fuits, complaints, impeachments
and demands whatfoever, which his faid
Majefty, by reafon of the premifes, or any
of them then had, or for the future fhould
have, or his heirs, or fuccellors, any ways
could have afterwards againft him the faid
Thomas Earl of Danby : And alfo fuit of
his Majefty's peace, and whatfoever to his
Majefty, his heirs, or fucceffors, againft
him the faid Earl of Danby did, or could
belong, by reafon or occafion of the pre-
mifes, or any of thein. And liis Majefty
hath thereby given and granted his firm
peace to the faid Thomas Earl of Danby.
And further, his Majefty willed and granted
that the faia letters-patents, and the faid

pardon

A COLLECTION OF TRIALS, 319

whatfoevcr in any ways, notwithftand ing
as by the laid letters patents tiicmfelves
more at large appearetb, which laid letters
patents follow in thefe words.

p.iflon and releafe therein contained, as to
all the things therein pardoned and releafed,
(hould be good and cfFeflual in the law, al-
though the treafons, mirprifions of trcafon,
inliirreiflions, rebellions, felonies, exadtions,
opprdlions, publications of words, mif
prifions of confederacies, concealments,
negligences, omiffions, offences, crimes,
contempts, mifdemeanors and trefpifTe';,
were not cert 'inly fpecified. And notwith-
itanding the (latutein the Parliament of the
I>ord Richard the Second, late King of
England, in the 13th year of his reign,
made and provided. And notwithftanding
the ftatute in the Parliament of the Lord
Edward the Third, in tiie founeenth year
of his reign,' made and provided, or any
other ftatute, aft, or ordinance to the con-
trary thereof made and provided. And
moreover, his faid now Majefty, by his
laid letters-patents of his further grace, did
firmly command all and fingular Judges,
Juftices, officers, and others whomi'oever,
That the laid free and general pardon of
his faid Majefty, and the general words,
claufes and I'en fences abovefaid, fhould be
conftrued, expounded, and adjudged in all
his faid Majefly's courts, and ellewhere, in
the moft beneficial ample and benign fenfe.
And for the better and more firm dii-
charge of the faid Earl, of, and from the
crimes and offences aforefaid, according
to the true intents of his Mijefty, and in
fuch beneficial manner and form to all
intents and purpofes whatfoever, as if the
laid trecfons, crimes, offences, conceal-
ments, negligences, omilTions, contempts
and trefpalTes aforefaid, and other the faid
premifes, by apt, exprefs and fpecial words
had been remitted, releafed and pardoned.
And that the faid letters patents of pardon,
and the releafe and pardon therein con-
tained, fliall be pleaded and al!ov,'ed in all
and every his Majefty's courts, and before
all his Juftices whatfoever, without any writ
of allowance, any matter, caufe, or thing

CAROLUS Secundus Dei Gratia An-
gli<E, Scoti:E, Francix, & Hibernije Rex,
Fidei Defenfor, &c. omnibus ad quos prai-
fentes liters noftrs pervenerint, falutem..,.
Sciatis, quod nos pro di.erfis bonis caufis
& confiderationibus nos ad hoc fpecialiter
movent. De gratia noftra fpeciali, ac ex
certa f ientia & mero motu ncltris pardona-
vimus relaxavimus, &c.

And the ftid Earl doth aver, That he
the faid Thomas Earl of Danby, in the
fiid articles named, is the faid Thomas
Earl of Danby in the faid letters-patents of
pardon here produced, likewife named.
Which pardon the faid Earl doth rely upon,
and pleaded the fame in bar of the faid im-
peachment, and in difcharge of all the
treafons, crimes, mifdemeanors and of-
fences contained, or mentioned in the faid
articles of impeachment, and every of
them ; and this the faid Earl is ready to
aver.

Whereupon he humbly prays the judg-
ments of your Lordftiips, and that his Ma-
jefty's moft gracious pardon aforelaid may
be allowed : And that he the faid Earl, by
virtue hereof, may be (from all the faid ar-
ticles of impeachment, and all and every
of the treafons and crimes therein alledged
againft him) acquitted and difcharged.

A Copy of the Pardon of Thomas Earl of
Danby.

CAROLUS Secundus, Dei Gratia, An-
glis, ScotijE, Francise & I-Jiber.iia; Rc\',
Fidei Defenfor, &c. omnibus ad quos prte-
fentcs literse noftras pervenerint, falutem.
Sciatis, quod nos pro diverfis bonis caufis
& conliderationibus nos ad hoc fpecialiter

moventibus.

A COLLECTION of TRIALS.

320

moventibus, de gratia noftra fpeciali ac ex
certa icicntia & n:cro motu noftiis, par-
doiiaviir-ur, remifllmus & relaxavimus, ac
prr pra;lentcs pro nobis, heredibus & fiic-
ccfpjribus noftris, pardonamus, remittimus
& relaxamus pra^dilefto, & perquam fideli
confanguineo & confiliario noftro Thomse
Coir.iti Danbii, omnes & omnimodas pro-
ditioncs, crimina Ixix, Majcftatis, milpri--
fiones, proditionum, infuncftioncs, ver-
borum propalationes, mifprificnes, conic-
derationes, concelamenta, negligentias, o-
miiTiones^ offenfas", crimina contcmptus,
malefafta & tranfgreffiones qurecunque,
per fe folum f<:u cum aliqua alia peilona,
vel aliqiiibus aliis perfonis, autper aliquem
alium, five aliquos alios, ex prasccpto, ad-
•vilamento, aficnlu, confcnfii, leu procu-
ratione cjufdem 1 hom.'E Comitis Danbii,
advifata, prjecepta, attempta, fafta perpe-
trata, concelata, conimilTa, ftu omiira,
ar.te 27 diem Fcbruarii jam ultim. praste-
ritum, licet prasmilTa, vel eorum aliqua,
vel aliquod, tangunt vel tangat perlonam
vel negotiationts noftras publicas qualef-
cunque, nee non tranfaftiones noftras cum
forenfecis legatis ad nos miHis, vel non rite
profequendo indrLiftiones & mandata noftra
lepatis noftris, in partibus extra marinis, ex
parte noftra refident, ac etiani omnia &
fmgula accefiaria prasmifTorum & cujuflibet
corura, licet idem Thomas Comes Danbii
de prsemiflls vel aliqua prasmiflbrum in-
diiflatus, impetitus, appellatus, rellatus,
convidus, adjudicatus, utlegatus condem-
natus vel attindus •, exiftit vel non exiftit,
ac omnia & fingula indiclamenta, impe-
tjtioncs, inquifuiones, informationes, exi-
genda judicia, attinda, utlegaria, con-
vidioncs, executiones, poenas mortis, pcc-
nas corporales, imprilbnamcnta, foris fac-
tura, punitioncs, & omnes alias poenas, &
pccnalitatcs quaicunque, pro eiidcm vel
corum aliquo, ac omnia & omnimoda,
fedas, querelas, impetitioncs, & demanda
quxcunque, qus nos verfus ipiuni Tho-

I mam Comitem Danbii, ratione prjemif-
j forum vel eor.um alicujus, habuimus, ha-
bemus, feu in futurum habere pcterimus,
aut heredes, feu fuccefTores noftri, uUo
modo haci-re poterint, in futuro, fcdam-
que pacis noflra;, ac qua; ad nos heredes
& fucceflbres noftros verfus ipfumThomam
Comitem Danbii pertiner, feu pertinere po-
ttrit, ratione feu occafionepra;miilbrum, feu
eoriim aliquorumvel alicujus, ac lirmam pa-
cem noftram. Et inde damus & concedimus
per ptcsfentes, & ulterius volumus, & con-
cedimus, qiicd hae liters ncftr^, ac hsc noftra
pardonatio, remiffio, relaxano in eifdem con-
tenta quoad omnia & fingula fuperius par-
donata, remifla, & rclaxata, hanss & efftc-
tuaks in Jege firt, & erint, licet proditi-
ones, crimina Ise'ie Majeftatis, mifprifiones
proditionum, infurrcdiones, rtbelbcne?,
lellonis, exadiones, cpprtftiones verborum
propalationes, mifprificnes, confederationes,
concelamenta, negligentis, cm fiiones, of-
fenfjE, crimina contcmptus, maltfada &
tranrgrcffiones antedida, minus certe fpeci-
fud, exiflunt. Et non obflante S'atuto
Parliamento Dom. Ricardi Secuncii, nuper
Regis Anglije, Anno 13 regni fui edito, &
provifo. Et non obftante Statuto in Par-
liamento Dom. Edvardi Tertii, nuper Re-
gis Angliffi, Anno Regni fui 14 cdito &
provifo ; aut aliquo al:o flatuto, adu vti
ordinatione, in ccntrarium inde etiitis &
provifis. Et ulterius de uberiori gracia
ncftra firmiterprajcipimus omnibus & fin-
gulis judicibus, jurticiariis, vel aliis quibuf-
eunquc, quod hsc prsefer.s litera & generalis
pardonatio noftra & gentralia veiba, c!au-
fuliC &: fententias fupradida, cor.ibuentur,
cxponentur & adjudictntur in Oinnibus
curiis noftfiis & alibi, in bcni.ficen-
t.lLmo, ampliffimo, & benigniflimo fen-
fu, & pro maxima & firiniori cxoneratione
praedidi Thomie Comitis Danbii de & a
criminibus & ofFenfis prsedictis fecundum
\ eram intentionem noftram, & in tam be-
ncticiali modo & forma & ad omnes inten-
tion is

A COLLECTION of

tlonis & propofita, proiit fi prsedifl:? pro-
ditiones, crimina liefe lVIajethue.«, mifpri-
(ioncs, proditionum crimina offcnlje milpri-
fioncs concclamenta, negligent!;?;, omif-
fionrs, conremptus, & tranlgrcfliones prJE-
didoe ac cetera praemilTa per apta exprcfla,
& Ipecialia verba pardonata, reniifia & rc-
laxaca fuiffenr. Et quod hs literse paten-
tcs reiniflio, rclaxatio, &pardonacio, omnia
ineifdem contcnta,inquibulcunque ciiriis 6c
coram quibuiqunq-, julticiariis nollris, pla-
cicentur & allocencur, line aliquo breve de
allocatione, aliqiia re, caufa vcl materia
qiiacunq; in aliquo non obftante. In cu-
ius rei teftimonium has liceras noflras fieri
i-'ecimus patentes. Tefte me iplb apud
Weftmonallerium
nuftri 31.

1 die Martii Anno Rcgni

CHARLES.

CHARLES the Second, by the grace of
God, of England, Scotland, France
and Ireland, King, Defender of the Faith,
&c. To all to whom thtfe our letters- pa-
tent fliall come, fendeth greeting. Know
ye, that we for divers good caufcs and con-
fideraiions, Us hereunto clpecialiy moving,
have out of our fpecial favour, certain
knowledge and meer motion of our own,
pardoned, remitted and releafed, and by
thefe prcfents for Us, our Heirs and Suc-
ceffors, do pardon, remit and releafe to our
well beloved and right trufty coufin and
counfellor, Thomas Earl of Danby, all,
and all manner of treafons, as well high
treafon, as mifpnfions of treafon, infurrec-
tions, revealing of councils, mifprifions,
confederation'^, concealments, negleds,
omiffions, offences, crimes, contempts, niif-
deeds and tranfgrefiions whatfoever, by
himfelf alone, or with any other perion, or
perfons, or by any other, or others, by the
command, advice, affent, confent, or pro-
curement of the faid Thomas Earl of Dan-
by, advifed, commanded, attempted, done,
performed, concealed, committed, oromit-
VoL. I. No. 14.

T Pn. I A L S. 321

ted, before the 27th day of February, now
hut paft. Although the preniifes, or any of
tlrem touch, or may touch our perfon, or
our public negociations vvhatlbever, or our
tranlaftions with foreign ambafladors unto
Us fenr, or for not right following cair in-
Itructions and mandates to our own am-
bafladors refident on our behalf in foreign
parts beyond the leas : And aUo all and
Angular acceflaries to the premifes, or any
ot them although the faid Thomas Earl of
Danby be indided, impeached, appealed,
arretted, convifted, adjudged, or as ambal-
fador condemned, or be, or be not attaint-
ed of the premifes, or any of them -, and
all and every indictments, impeachments,
inquifitions, informations, judgments to be
required, attainders, outlawries, convicT:'.ons,
penalties of death, corporal punilhments,
imprifonments, forfeitures, fufferings, toge-
ther with all other pains and penalties
whatfoever, for the fame or any of them,
and all, and all manner of i'uits, complaints,
impeachments and demands whatfoever,
which We againit the faid Thomas Earl of
Danby, by reafon of the premifes, or any
of them, have had, now have, or hereafter
may have, or which our heirs or fucceflbrs
in any manner may have hereafter, toge-
ther with any fuit for breach of our peace,
which to us, our heirs, or fucceflbrs, a-
gainft the faid Thomas Farl of Danby doth,
or may belong, by reafon or occafion of
the premifes, of fome or any of them-, We
do for ever indemnify him. Moreover we
give and grant by thefe prefents, and it is
our further will and pleaiure, that thefe our
letters, and this our pardon, remiffion an.l
releale therein contained, as to all and fm-
guL:r the things above pardoned, remitted
and releifed, be and fnall be good and ef-
feftual in law, although the trealons, higli
treafons, mifprifions of treafons, infurrcc-
tions, rebellions, felonies, extortions, op-
preflions, betraying of councils, confede-
racies, concealments, negligencies, omif-
N n n n fions

322 ACOLLECTIO

fions, offences, crimes, contempts, mifde-
meanoLirs and tranlgreflTions aforefaid, be
not fully fpecified. And notwithltanding
the ftatute of Richard the Second, lace of
England King, in the 13th year of his
reign made and provided. And notwith-
ltanding the ftatute by the Parliament of
Edward the Third, late King of England,
in the 14th year of his reign made and
provided, or any other ftatute, aft, or or-
dinance to the contrary heretofore publifti-
ed and provided : And moreover of our
abundant grace, we do ftriclly command
all Judges, Jultices, or others whofoever,
that this prcfent letter, with our general
pardon, and general words, claufes, and
Sentences abovefaid, ftiall be conftrued, ex-
pounded and adjudged in all our courts,
and elfewhere, in the moft beneficial, moft
ample, and moft favourable fenfe, and for
the greateft and firmcft difcharge of the a-
forclaid Thomas Earl of Danby, of and
from the crimes and offences aforefnd, ac-
cording to our true intention, and in fo be-
neficial a manner and form, and to all in-
tents and purpofes, fo as if the faid trea-
fons, high treafons, mifprifions of treafon,
crimes, offences, omiflions, contempts, con-
cealments, negligence and tranfgrefl'ion a-
forefald, and other the premiles, had been
by apt, exprefs and fpecial words, par-
doned, remitted and releafed. And that
theie letters-patentP, remiflion, releafe and
pardon, with all things therein contained,
in whatlbcver courts, and before vvhatlo-
ever our Juftices, ftiall be pleaded and al-
lowed, without any writ of allowance, any
thing, caule, or matter whatfoever in any
■wife notwithftandino;. In witnels wliereof
we have caufcd chele our letters-patents to
be made. Wirnefs mylelf at Weftminftcr,
the firft day of March, in the 31ft year of

The Reafons and Narrative of Proceedings
betwixt ciie two Houfes ; which were de-

N OF TRIALS.

livered by the Commons to the Lords, at
the Conference, on Monday the 26th of
May, 1679.

THE Commons have always defired,
that a good correfpondence may be prelerv-
ed between the two Houfes.

There is now depending between your
Lordftiips and the Commons a matter of
the greateft weight : In the tranfaftions of
which, your Lordftiips feem to apprehend
fome difficulty in the matters propofcd by
the Commons.

To clear this, the Commons have de-
fired this conference ; and do readily ac-
knowledge, that any change in judicature
in Parliament, made without coiilent in
full Parliament, to be of pernicious conle-
quence, both to his Majcfty and his ftib-
jeils ; and conceive themfelves obliged to
tranfmit to their pofterity, all the rights
which of this kind they have received from
their anceftors, by putting your Lordfliips
in mind of the progrefs that has already
been between the two Houles, in relation
to propofitions made by the Commons, aad
the realbnablenefs of the propofitions them-
felves ; they doubt not to make it appear,
that their aim has been no other, than to
avoid fuch conCequences, and preferve that
right ; and that there is no delay of juftice
on their part. And to that end, do offer
to your LordlTiips the enfuing reafons and
narrative: That the Commons in bringing
the Earl of Danby to juftice, and in dil-
covery of that execrable and traiterous c(n-
I'piracy, have laboured under many great
difficulties, is not unknown to your Lord-
ftiips.

Nor is it lefs known to your LordQiips,,
that upon the irrpcachment of the Houfe
of Commons againft the Earl of Danby
for hish treafon, and other high crimes,
mifdemeanors and offences, even the coni-
mun juftice of lequeftring him from Par-
liament, and forthwith committing him to

A COLLECTION of TRIALS.

fafe cuftody, was then required by the
Commons, and denied by the Houfe of
Peers, though he then fat in their Houfe ;
of which your Lordfhips have been fo fen-
fible, that at a free conference the loth of
April laft, your Lordfhips declared, That
it was the right of the Commons, and well
warranted by precedents of former ages.
That upon an impeachment of the Com-
mons, a Peerio impeached ought of right to
be ordered to withdraw, and then to be com-
mitted. And had not thatjuftice been denied
to the Commons, a great part of this feffion
of Parliament, which hath been fpent in
framing and adjufting a bill, for caufing
the Earl of Danby to appear, and to
anfwer that juftice from which he was fled,
had been faved, and had been employed for
the prefervation of his Majefty's perlon,
and the fecurity of the nation ; neither had
he had the opportunity of procuring for
himfelf that ilkg.il pardon, which bears
date the i ft of March laft paft, and which
he hath now pleaded in bar of his impeach-
ment : Nor of wafting fo great a proportion
of the trealure of the kingdom, as he hath
done fince the Commons exhibited tiieir
articles of impeachment againft him.

After which time thus loft, by reafon of
the denial of that juftice, which of right
belonged to the Commons upon their im-
peachment, the faid bill being ready for
t!:e royal allcnt, the faid Earl then ren-
dered liimfclf; and by your Lordftiips
order of the i6th of April laft, was com-
mitted to the Tower. After which he
pleads the faid pardon ; and being prefled,
did at length declare, he would rely upon,
and abide by that plea ; which pardon
pleaded, being illegal and void, and fo
ought not to bar or preclude the Commons
from having juftice upon the impeachment-,
'J hey did thereupon, with their Speaker,
on the 5th of IVIay inftant, in the name of
themielves and all the Commons of Eng-
land, dem.aiid judgment againft the faid
Earl, upon their impeachment ; net doubt-

323

ing, but that your Lordfhips did intend in
all your proceedings upon the impeach-
ment, to follow the ufual courfe and
method of Parliament.

But the Commons were not a little fur-
prized by the mefTage from your Lordfhips,
delivered them on the fcventh of May;
thereby acquainting them, that as well the
Lords Spiritual as Temporal had ordered,
that the ioth of May inftant, fhould be the
day for hearing the Earl of Danby, to make
good his plea of pardon. And that your
Lordtliips had addreffed to his Majefty for
naming of a Lord High Steward in the cafe
of the Earl of Danby,

Upon confideration of this meftage the
Commons found, that t!ie admitting of the
Lords Spiritual to exercife jurifdidtion in
thefe cafes, was an alteration of the judi-
cature in Parliament; and that if a Lord
High Steward lliould be necelTary upon
trial on impeachments of the Commons,
the power of judicature in Parliament, upon
impeachments, might be defeated, by fuf-
pendmg or denying a commiffion to con-
ftitute a Lord High Steward.

And that the laid day of trial appointed
by your Lordfhips, was lo near to the time
of your faid n.eflage, that theie matter;;,
and the metliod of proceeding upon the
trial, could not be acljufted by ccnterence
betwixt the two Houfcs, before the day fo
nominated. And conlequently, the Com-
mons could not then proceed to trial, unicis
the zeal which they have for ipecdy ludg-
mcnt agjinft the Earl of D..nby fnould
induce them at this jundlure, both to admit
the enlargement of your Lordfhips jurif-
didlion, and to fit down under thtle or any
harolhips, though with the hazard ot all
the Coinmons power of impeaching for
time to coir,e, rather than the trial fliould
be deterred for fome fliort time, whilft
thefe matters might be agreed on and fettled»

I'or reco! ciling cifierences in this great
and weigh' y matter, and for liaving that

tunc.

324

A COLLECTION of TPvIALS,

timewliiih would ncccflarilyhave been fpent
in debates and confVrences betwixt the two
Hoiifcs, and for expediting the trial, with-
out giving up the power of impeachment,
or rendering it inctTcdual.

to the faid vote, or permitting any con-
ference or debate thereupon, and contrarjr
to the faid agreement, did, on Thuifday
the 22d of cClay, fend a meflage to the
Commons, declaring. That the LonlsSpi-

'I'he Commons thought fit to propofe to ! ritual as well as Temporal, had ordered,
vouri Lordfliips, that a Committee of both that the 27th of this inilant May, be ap-

. iloufcs might be appointed for this purpole.
At which Committee (when agreed to by
• your Lordd-ips) it was then agieed, that
the prcpofition as to the time of the trial,
(liould be the laft thing confidered. And
tl'.e eft'eft of this agreement (lands reported
u[ on your Lordfhips books.

After which, the Commons communi-
cated to your Lordfhips, by your Com-
mittee, a vote of thei's, (viz.) That the
Committee of the Commons fliould infill:
upon their former vote of their Houfe,
1 hat the Lords Spiritual ought not to have
any vote in any proceedings againft the
L.ords in the Tower, and that when that
matter would be fettled, and the method
of proceedings adjufted, the Commons
fliould then be ready to proced upon the
the trial of the pardon of the Earl of Danby,
againlt whom they had before demanded
judgment -, but the Commons as yet re-
ceived nothing from your Lordfhips to-
wards an anfwer of that vote, iave that
your Lordfliips have acquainted thera, that
the Bifliops have aflced leave of the
Houfe of Peers, that they might withdrav/
theinfelves from the trial of the Five Lords,
w'nh liberry of entring their ufual pro-
tedation.

And though the Commons committee
have almoit daily declared to your Lord-
fliips committee, that that was a neceffary
point of right to be fettled before the trial,
and offered to debate the fame ; your com-
mittee always anfwered, I'hat they had not
any power from your Lordfhips, either to
confer upon, or to give any anfwer con-
cerning that matter.

And yet your Lordfhips, without having
given the Commons any fatisfadlory anfwer i

pointed for the trial of the P'ive Lords.

So that the Commons cannot but appre-
hend that your Lordfhips have not only
departed from what was agreed on, and
in effecfb laid afide that committee which
was conftituted for preferving a good un-
derftanding betwixt the two houfes, and
better difpatch of the weighty afi^airs now
depending in Parliament, but muft alfo
needs conclude from the meflage, and the
votes of your Lordfhips on the 14th of
May, that the Lords Spiritual have a righc
to ftay and fit in court, till the court pro-
ceeds to the vote of Guilty or not Guilty,
And from the Bifliops afking leave (as
appears by your Lordiliips books two days
after your faid vote) that they might with-
draw themfelves from the trial of the faid
Lords, with liberty of entering their ullial
proteftation, and by their perfifting ftill to
go on and give in their votes proceeding
upon the impeachment ; that their defire of
leave to withdraw at the faid trial, is only
an evafive anfwer to the before mentioned
votes of the Commons, and chiefly intended
as an argument for a right of judicature in
proceedings upon impeachments, and as a
relerve to judge upon the Earl of Danby's
plea of pardon, and upon thefe and other
like impeachments, although no fuch power
was ever claimed by 'Jieir predeceflbrs, but
is utterly denied by the Commons. And
the Commons are the rather induced to
believe it fo intended, becaufe the very
afking leave to withdraw, fcems to imply a
right to be there, and that they cannot be
abfent without if.

And becaufe by this way they fliould
have it in their power, whether or no for

tlie

A COLLECTION of TRIALS

the future, either in the Farl of Danby's
cafe, or any other, they will ever aflv leave
to be abfcnt -, and the Temporal Lords a
like power of denying leave, if that fhouki
once be admitted neccffary.

325

The Commons therefore are obliged not to
proceed to the Trial of the Lords on the
27th of this inftant May, but to adhere
to their aforefaid Vore : And for their fo
doinn;, bcfides what hath been aov/ and
formerly by them faid to your Lordiliips,
do offer you thefe Realons following :

REASONS.

I. Becnufc your Lordfhips have received
the Earl of Danby's Plea of Pardon with a
very long and unulual proteflation, wherein
he hath afperfed his IVlajerty by falfe fug-
geftions, as if his Majefty had commanded
or countenanced the crimes he ftands
charged with; and particularly fupprelling
and difcouraging the difcovery of the plot,
and endeavouring to introduce an arbitrary
and tyrannical way of government ; which
remains as a fcandal upon record againfl
his Majefly, tending to render his perfon
and his government odious to his people;
againft which it ought to be the firft and
principal care of both Houfcs, to vindicate
his Mnjefty, by doing juftice upon the faid
Earl.

n. The ferting iip a pardon to be a bar
of an impeachment, defeats the whole ufe
and effed of impeachments ; and fnould
this point be admitted, or Itand doubted,
it would totally difcourage the exhibiting
any for the future: Whereby the chief in-
ftitution for the prefervation of the govern-
ment (and confequently the governn-ient
itfelf) would be deftroyed. And therefore
the cafe of the faid Earl (which in confe-
quence concerns all impeachments v/liat-
fbever) ought to be determined before that

Vol. L No. 14.

of the faid Five Lords, which ij but theii
particular cafe.

And without reforting to many autho-
rities of greater antiquity, the Commons
defire your Lordfliips to take notice (with
the fame regard they do) of the declaration
which that excellent Prince, King Charles
the Firft of blefied memory, made in this
behalf, in his anfwer to the nineteen pro-
pofitions of both Houfes of Parliament :
Wherein, ftating the feveral parts of this
regulated monarchy, he fays, " The King,
the Houfe of Lords, and the Houfe of
Commons, have each particular pri-
vileges :" And among thofe which beiong
to the King, he reckons " Power of Par-
doning." After the enumerating of which,
and other his prerogatives, his faidMajtfty
adds thus : " Again, that the Prince may
not make ufe of this high and perpetual
power, to the hurt of thole for vvhofe good
he hath it, and mal<e ufe of the name of
public necefllty for the gain ol his private
fcivourites and followers, to the detriment
ol his people. The Houfe of Commons
(an excellent conferver of liberty, &c.) is
folely intruded with the firft propofitions
concerning the levies of monies, and the
impeaching of thofe who for tlieir own
ends, though countenanced by any furrep-
titiouOy gotten command of the King, have
violated the law, which he is bound (when
he knows it) to proteft, and fj the pro-
teftion of which they were bound to advife
him, at lead not to ferve hitn in the con-
trary. And the Lords being truiled v;ith
a judicatory power, are an excellent fcreen
and bank between the Prince and people, .
to affift each againft any incroachments of
the other; and by jull judgments to pre-
ferve that law, which ought to be the rule
of every one of the three, &c. Therefore
the power legally placed in both HouOs, is
more than fufficient to prevent and r^firain
the power of tyranny, Ike".

O o III- Until .

A COLLECTION of TRIALS.

326

in. Undi the Commons of England
liave light done them againft this plea of
pardcn, they may juftly apprehend, that
the v/!ioIe juftice of the kingdom, in the
CfX* cf the Five Lords, may be obftrufted
enxl defeated by pardons of like nature.

IV. An impeachment is virtually the
■voice of every particular fubjeft of this

kingdom, crying out againft an oppreffion,
by which every member of that body is
equally woonded ; and it will prove a
• matter of ill confequence, that the univer-
sality of the people fliould have occafion
miniftred and continued to them, to be
apprthenfive of utmoft danger from the
crown, from whence they of right expetft
protedlion.

V. The Commons exhibited articles of
impeachment againft the faid Earl, before
any againft the Five other Lords, and de-
manded judgment upon thofe articles :
Whereupon, your Lordflfips have appoint-
ed tlie trial of the faid Earl to be before
that of the other Five Lords ; Now your
Lordfhips having fince inverted that order,
gives a great caule of doubt to the Houfe
of Commons, and rail'es a jealoufy in the
heaits of all the Commons of England,
t'uit, if they niould proceed to the trial of
the faid Five Lords in the firft place, not
only juftice will be obftrufted in tie cafe of
thole Lords, but that they fhould never

.have right done them in the matter of this
plea of pardon, which is of fo fatal confe-
.quence to the whole kingdom, and a new
device to fruftrate public juflice in Par-
liuiment.

Which reafons and matters being duly
weighed by your Lordfhips, the Commons
doubt not but your Lordfnips will receive
fitisfi(!^ion conccrnmg their propofitions
and poreedingSi and will agree. That
the Commons ought not, nor can, without
defcrting their truft, depart from their
.former vote con'.municated to your Lord-
ftiij-s ; " That the Lords Spiritual ought

not to have any vote jn any procecdinos
againft the Lords in the Tower; and when
that matter fiiall be fettled, and the me-
thods of proceedings adjufted, the Com-
mons ftiall then be ready to proceed upon
the trial of the Earl of Danby."

May 27, 1679.

The narrative and reafons delivered at
the conference yefterday with the Houfe of
Commons were again read, and after a
long debate, the vote of this Houfe, dated
the 13th of May inftant, and the expla-
nation thereupon, dated the 14th inftant,
were read, and the queftion was put.
Whether to infift upon thefe votes con-
cerning the Lords Spiritual, and it was
refolved in the affirmative.

DISSENTERS Prefent.

Buckingham

Newport

Huntingdon

Say and Seal

Kent

P. Wharton

Shaftftiury, P. R.

Leicefter

Bedford

Scarfiale

Winchefter

Str..,ftord

Rochefter

Derby

North and Grey

Delamer

Suffolk

Howard

J. Lovelace

Paget

I'ovvnfhend

Cbre

Herbert

Salift-iury

Gray

F'alconberg

Stamford

Windfor.

The Honourable Mr. Powel's Speech in the
Floufe of Commons, upon the Earl of
Danby's Impeachment, Pardon and Plea.

Mr, Speaker,
I Should have been pleafed to have heard
(fomewhat omitted) needful to have been
Ipoken unto, from fomc other Member of

this

A COLLECTIO

this Hou'e, rather than myfclf ; it is con-
cerning the Earl of Danby, who Hands im-
peached by the Commons of England of
High-Treafon.

The perfon, to whom we owe the dangers
and fears of the French King again ft us.

The perfon, to whom we owe the threats
and fevcre anfwers to thofe humble addreflc?
we made the lad feilions of Parliament.

The perfon, to v^hom we owe the ruins
of this nation, and exhaufting the King's
revenue.

The perfon, to whom we owe the ex-
pence of 20o,oool. and upwards, within a
year, unaccounted for.

The perfon, to whom we owe the many
prorogations that happened in the laft Par-
liament, when many profitable bills were
ready for pafilng.

The perfon, to whom we owe the raifing
of a (landing army, to be kept up by the
reeeipt of fix millions of livres yearly, for
three years together, to enflive us and our
religion.

1 he perfon, to whom we owe the late
bone that was thrown in the fitting of the
lalt Parliament, to hinder the good iffue
that might have come by their proceedings;
who is now laying down his ftafi^, and ma-
king up his accompts in the trealury as he
ple;deth, to enrich himfcU out of the fpoils
of the people, and fo depart.

My humble motion is. That a meflage
be fcnt immediately to the Lords from the
Com.mons of England, to dcfire their Lord-
fli ps, That Thomas Earl of Darby be im-
mediately committed to fafe cuftody, he
being impeacheil by the Commons of Eng-
land of Eligh-Treafon.

The Earl of Danby's Speech in the Houfe
of Peers, upon an Impeachment of High
Treafon, &c. brought up againft his
Lordlhip by the Houfe of Commons,
December 23, 1678.

N OF TRIALS.

327

My Lords,

I Hope you will not enter upon sny
other bufinefs, befoie you have given that
liberty to me, which is the privilege of
every Peer, to be heard upon any accu-
lation that is brought againll him, though
of far lefs moment than what hath been
newl/ read againft myfelf.

I confefs I fliould have heard this charge
with honor, if the matter of it had been
true ; but I thank God, 1 know iny inno-
cency to be fo great, that it protects me
from all forts of fear, but that of lying
under fo black a charadler, as may be be-
lieved by thofe that cannot hear my defence;
though I have the confidence to think that
it is not truly believed in the hearts of the
greateft part of thofe that have been in-
formed againft me.

I muft needs confefs, that I thought
myfelf the laft man in this kingdom that
fhould ever have been in danger of beinf^
accufed for treafon, becaufe I know no maa
that abhors it more, and that would purfue it
more vigoroufly than myfelf, againft any
that fhould be guilty of it. Nay, to fuch
a degree is my deteftation of that crime-,
that were I fure the deareft child I have
were guilty of it, I would willingly be his
executioner.

My Lords, I know this is not the time
for me to enter regularly upon my defence,
becaufe I know your Lordfliips will firft
order me a copy of my charge, and appoint
me a time for my vindication ; when I
doubt not but to do it to the full fatisfadlion
of your l,ordfhips, and all the world, Jn
the mean time I will only beg leave to
obferve to your Lordfhips, That thoft
articles in this charge which can fecm to
have any thing of treaion in them, have;
their anfwer fo obvious, that there is very
little in them v/hich may not be anfwercd
by many others as well as myf.lf, and
fome of them by every man in the king-
dom.

- The

'•^S

^^0

A C O L L E C T I

The fird, which Is the affuming regal
power, I confcfs I do not underhand ; hav-
ing never in my life done any thing of great
moment, either at home, or relating to
foreign matters, for which I have not
gUvays had his Majerty's command. And
althoush I am far from havins; been the
moft cautious man m taking care of my
own fecurity, (which perhaps my great in-
nocence hath been the caufe of) yet I have
not been fo wanting of common prudence,
as in the mod material things not to have
had his Maicfty's orders and directions
under his own hand, and particularly for
the letters now made ufe of againft me.

The fecond, I think, doth fcarce need
my giving any anfwer to ; it bei-ng obvious,
that the army was no more raited by me,
than by every Lord in this Houk' : And
whoever is in that flation whicli I hold,
mud certainly be a fool, to defire any thing
which creates a want of money, efpecially
fo great an one, as the charge of an army
muft neceflarily and immediately produce.
And for one part of the article concerning
the Pay-mafter of the army, it is in faft
otherwife •, for fecurity from the Pay-mailer
has been taken in the fum of four hundred
thouiand pounds.

The third is of the fame nature with the
firft, and comes from the fiime foundation,
which is, what a gentleman had thought fit
to produce to the Houfe of Commons. I
will not now cenfure his adion, I think it
will do enough for itfelf ■, I will only fay,
that although I take itforone of the greatell
misfortunes v/hich can hefal a man, to lie
under fuch a charge of the Houfe of Com-
mons, yet I would much fooner choofe to
be under that unhappinels, than under his
circumflances.

The fourth article is not only falfe In
every part of it, but it Is not poOible to
believe it true, without my being the
greatefl: fool on earth, as well as the blacked:
villain. For were I capable of fuch a wick-

ON OF TRIALS.

ednefs, yet the more wicked any man is,
the more he is carried to his own intereft ;
and is It poflible any thing under heaven
can agree fcfs with my intereft, than the
dcftrxidion of this King ? Can I pofillily
hope to be better than I am ? And is it nor
nppai-ent, that there is not one man living,
whole happincfs depends fo much as mine
upon the prefervation of his perfon .?

My Lords, I know iliere is not a man in
the world, that can in his heart think me
guilty of that part of the article, if I Ihouid
fay nothing to it. But befides, 1 was fo
far from concealing this heililli, plot, thai: •
it is nororioufly known, his Majelly fent
me the firft notice of it, together with
forty-three heads of the information, before
I knew a fyll.ible of it from any body elle :
And it hath been owned at the bar of the
Houfe of Commons by him (fromwhom .
on'y I had the intelligence) that he had all:;
the encouragement and difparch from me
that I could give him. Befides, when it
was dlfclofed to the council-board, he toki.
fome of the Clerks of the council, (as he
had done me divers times before) that it
v;ouid have been much better, and more
v/ould have been difcovered, if it had been
longer kept private. Befides this, I had
the fortune to be particularly inftrumental
in feizing Mr. Coleman's papers, without
which care there had aot one of them ap-
peared, and confequently, the befl: and moll
material evidence which is yet of the plot,
had. been wholly wanting. And certainly
this is the firft time that any man was ac- .
cufed to be the concealer of that plot,
whereof he hath been a principal means of
procuring the difcovery.

For that part of the article tliat fays, 1
4m popiflily affcdled, I thank God, that
the contrary is fo known to all the woild,
that even fome of thofe that voted againlt
me, did own their knowledge of ihcfalfity ,
of that allegrrtion ; and I hope I have thro' "
my whole life given fb good telliniony of

A COLLECTION of TRIALS.

■my religion, both in my own family and
by my fervices to the church, (whenever it
hath lain in my power) that I (liall not need
much vindication in that particular : And
I hope your L.ordfhips will forgive me my
v/eaknefs, in telling you, that I have a
younger fon in the Houfe of Commons,
whom I (hall love the better as lono; as I
live, for moving to have that part of the
article to ftand againft nje, that by that
pattern it might appear, with what fort of
zeal tiie whole hath been carried to my pre-
judice.

The fifth article will, upon examination,
appear to be as ill grounded as any of the
rell: ; and I am forry I am able to give one
reafon, which is, I'hat I have known no
ircafure in my time to walfe, having entered
upon an empty treafury, and never feen one
farthing given to his Majefty (in almoft
i\K years) that hath not been appropriated
to particular ufes, and ftriftlv fo applied by
me, as the Acls have diredlcd. And there
hath not been one of thofe aids which, in-
ilead of giving the King money, hath not coft
him more out of his own purle, to the fame
ufes, as doth appear by the larger dimen-
fions of the new fhips, and fo in other
tilings: Inibmuch that I take upon me the
vanity to fay, 'f hat by the payments I have
made to the navy and feamen, beyond
former times ; the pa) ing off" the grcatefl:
part ot the debt which was flopped in the
Exchequer before my time ; by my own
punctuality in the courfe oi payments, and
by other tilings which I am able to fliew,
I doubt not but to appear meritorious, in-
ftead of being criminal upon that article.

As to the fixth article, which mentions
my great gettings, I cannot deny, but that
1 ferve a mailer, whofe goodnefs and
bounty hath been a great deal more to me
than I have deferved, and to whom I can
never pay gratitude enough by all the fer-
viccs of my life. But when the particulars
of thole gettings fhall appear, it will be

Vol. I. No. 14.

3^9

found very contrary to what is fuggefted
abroad ; and that in near fix years time in
this great place, I have not got half that,
which many others have got in IcfKtr places
in half that time. And from the exa-
mination of this, which I defire may be
feen, there will arife matter to accufe my
prudence, in not having done for my family
what juftly I might, but nothing to arraign
either my honour, my confcicnce, or my
taithful fervicc to the crown.

My Lords, Jf my obedience to the King
fliall not be my crime, I think nothing elle
will ftick upon me from thefe articles ; for
my own heart Batters me to believe, that I
have done nothing but as a true proteftant,
and a faithful fervant both to my King and
country. Nay, I am as confident, as that
now I fpeak, that had I either been a
Papift, or friend to the French, I had not
been now accufed. For I have reafon to
believe, that the principal informer of the
Houfe of Commons hath been alTiiled by
French advice to this acculation ; and if
the gentleman, Mr. Montague, were as juft:
to produce all he knows for me, as he hath
been malicious to fliew what may be liable to
mifconftrudion againft me, or rather againft
the King, (as indeed it is) no man can vin-
dicate me more than himfelf. Under whofe
hand I have it to fhew, how great an enemy
to France I am thought, how 1 uich I miglit
have had to have been other'-ife, and what
he himfelf might have had for getting me
to take it. But I do now not wonder this
gentleman vvill do me no right, when he
does not think fit to do it to his Majedy
(upon whom chiefly this matter mult re-
flecSV.) Although he knows, as will appear
under his hand, that the greateft invitations
to his Majerty, for having money from
France, have been made by himfelt ; that
if his Majefty would have been tempted
for money, he miLP.ht have foid towns for as
much as if they had been his own, and the
money have been conveyed as privately i^i
he pleal'ed ; that his Majrfty might have
P p p p made

33°

A COLLECT

made mntches with France, if he would
have con.cnted to give them towns ; and
yet that the King hath always fcorn'd to
yield the meanelt village that was not
agreed to by the Spaniard and Hollander.
I'hat gentleman hath often pretended how
much his own intereft in France was di-
minifhed, o.ily by being thought my friend.
And befides divers other inllances, I have
under his hand, to fhew the malice of the
French court againft me, I lent two of his
leciers to the Houfe of Commons, which
fliew how Monfieur Ruvigny was fent hither
on purpofe to ruin me ; which I am well
affured at this time they would rather fee,
than of any one man in England. Befides
what that gentleman could fay of this kind
(if he pleated j I hope his Majcify will give
me leave (in my defence) to fay in his pre-
fence, and in the hearing of divers Lords,
with whom I have the honour to fit in the
committee of foreign afi-airs, that which
were it not true, his Majefty muft think the
impudenteft and worll of men to affirm
before him. That ever fince 1 had the
honour to ferve his Majefty to this day, I
have delivered it as my conlfant opinion,
that France was the worll intereft his Ma-
jefty could embrace, and that they were the
nation in the world from whom Idid believe
he ought to apprehend the greateft danger ;
and who have both his perlon and govern-
ment under the laft degree of contempt:
for which reafon alone (were there no other;
Fwould never advife his Majefty to truft
to their friendftiip.

My Lords, 'Tis my greateft happinefs,
chat your Lordfhips arc my Judges •, whofe
wifdom and jufti.ce are lb great, that you
will both difcern the truth of the evidence
when it lliall come before you, and in the
mean time diftinguifti truly what the crimes
are (if they could be proved) and not what
they are called. For this reafon this
Houfe hath wifely provided to have the
fpccial matter before thtmj to the end, tliey

ION OF TRIALS.

may be fatisfied whether the charge have
its right denomi:iation ; for otherwiie it
were to no purpofe to defire fpeei-il matter^,
unlefs it were to fee whether the fpecial'
matter alledged be what it is called. As
j for example, if a man were accufed of hav-
I ing traiteroufly pafled the river in a pair of
i oars, this is fpecial matter, and ftiled trea-
I fon, by inferting the word traiterouOy ; yet
' your Lordftiips would not therefore proceed
1 as taking it for treaibn. So in this cafe, I
j beg for all your Lordftiips fakes, as well as
! my own, that you will pleafe to ufe that
, caution which will be neceftaty for all vour
! Lordfhips fafety and feats in this Houle:;
I For I befeech your Lordftiips to confider,
whither fuch a precedent may go hereafter?
, What the Houfe of Commons may do in
! fuch a cafe, there is no queltion but his
Majefty may do the fame by his attorncv ;
; and what either of them may do againil.
one Lord, they may do againft more ; f'and
we have feen it done in our davs againft all
the Bilhops at once.) Were it not very
precaiioufly then that your Lordftiips hold
your feats here, when by either of theic
ways as many of your Lordftiips, as for a
time it might be convenient to remove,
fliould be at the mercy of having a thing
] cail'd trcafon, whether it be fo or no.
! Truly, my Lords, I have reafon to be-
lieve, that in tlte Houle of Commons the
matter of my charge (if provedj was not,
, thought to amount to trcafon, cither by
I ftatute or common law; and Lhope your
i Lordftiips have too fad an example in your
I memory, ever to allift the making of trea--
fon by accumulation.
I I ftiould therefore not only wrong my own
I innocence, but the riglit of the peers, to
fubmit to anfwer matters of mifdemcanor,
as a criminal in treafon.

My Lords, I wonder not at the malici-
ous profecution of thole who would have
me taken for what they truly are. For I
am well aniired, that neither the French :

t4ke

A COLLECTIO

•take me to be of their intereft, nor the
Papifts to be of their religion : But I am
troubleti to fall under fo j'evtre a cenfure of
the Houfe of Commons, although I can-
not blame them, but my accufers, who
have fo wrongfully informed them.

My Lords, I will conclude with this
comfort, that I do not in the leaft appre-
hend the matter of m,y charge under the
fecurity of your L-ordfhips julticc; and will
therefore trouble your Lordfhips no longer
at this time, but only to pray your direc-
tions whether I am to withdraw, which I
(hall readily obey.

TheEarl of Danby's Arguments at the Court
of King's-Bcnch, upon his I.ordlhip's
Motion for Bail, the 27th Day of May,
Term. Fafch. 16S2, &c.

IMMEDIATELY after his I.ordfliip
was in Court, the return of the Habeas
Corpus was read, and Mr. Saunders (of
Council for his Lordfhip) did move the
Court, That whereas in Hafter-Term, 16S 1,
the Court had difmils'd his L.ordlhip with
a declaration, that they would take into their
confidcration till the term following, what
anfwer they would make to what had then
been faid to them by his Lordfhip and his
Council ; he therefore moved, That they
might now accordingly know the pleafure
of the Court, and that they would be pleafed
to grant bail to the Earl of Danby.

But before the faid Mr. Saunders could
Weil have pronounced the foregoing words,
the Lord Chief Juffice Pemberton did re-
primand the faid Mr. Saunders, for having
offered to impofe upon the Court what had
never been faid by them ; faying, That
there was no fuch thing as their, having
faid, at any time, that they would take the
Earl of Danby's cafe into farther confider-
ation ; for that they had told my Lord of
Danby the lafl time, That it was not in
their power to give him any relief at all -,
and that he therefore v/ondered, and mull:

N OF TRIALS.

!3i

extreamly blame Mr. Saunders, fir moving
the Court again in a matter to which they
had already given fuch a pcfuive anfwer;
and could not but admire, that he ihould fo
mifinform hisclient, a? to give him any fuch
advice, which could only be to the giving
both him and the Court an un'-icccffary
trouble.

To all which Mr. Saunders replied, That
he humbly begged his Lordfliip's pardon,-
if he had milfaken him ; for that truly he
did underffand, that his Lordfhip had de-
clared that he would take time to confider
of my Lord of Danby's cafe till the fal-
towing term ; but that if it was a miflrake,
he n-.utl beg his Lordlhip's pardon, and
did believe the reft of his brethren took it
fo, as well as himfelf.

The Earl of Danby then fpoke himfelf
for about two hours^ and faid to the I ,ord
Chief Juftice, That he met with an ob-
jcdlion, which he dkl not expedl ; and that
he mutt beg his Lordfliip's pardon, not to
let that pa's for a miftake which his Coun-
cil had affirmed, of the Court's having
taken time to confider of his cafe, till the
next term after that of his Lordfhip's be-
ing laft there; for that his Lordfliip did
therein appeal both to the reff of the
Judges, which were upon the Bench with
him, and to all other pcrlbns wha;focver, .
who were then in Court, whether his Lord--
fhip had not fud, that if he (meaning the
Earl cf Danby) pleafed, they would take
time ro confider of his cafe till the next
term ; and he did declare upon his honour,
that thofe words had been pronounced to
him by my Lord Chief Juflice himfelf,
and that he did then accept it as a favour
from the Court, and did return his
humble thanks to them fcr it: inlomuch,-,
that his Lordfhip laid. That he confefTcd
he was very much furprized to meet vith ■
fuch an introduftion at the firfl entrance
into a rnattcr which he conceiveil to be
of fo great weight, as he doubted not

but .

COLLECTION

fliOulu make this cafe of his appear

S32
but he
• to btr.

But yet, that it did give him reafon to
believe, .that he came with Tome prpjudicc
before his L ordlliip, and that they were io
much prepoik-lfed in this matter, that it"
lie did not think every. man in England
vvoukl Find that he might be concerned in
.what rclokition (hould bc' given in this cafe,
i;s well as himlelf, he fliould icarcely have
ventured upon it, though he had lain lb
long under fo unrealbnable a confinement,
.as he took himlelf to do ; and therefore he
muft defire their LordHiips patience and atr
tention to what he had to offer in his own
behalf, and (as he believed) m the behalf of
-llie liberty of the fubieiSl in general.

His Lordlbip, dirtdfing himfelf to the
•Lord Chief Jullice, faid. It was juft now
a year fince he was before his Lordlkip in
this Court -, and that he was afiured, that
his LordQiip did then pleafe to tell him.
That they would take time to the follow-
ing Term to confider of what they Ihould
think fit to do in his Lordfhip's cale : But
he faid, that care was then taken the firlt
day of that follov^ing Term to prevent his
coming there, by an indictment which was
brought againft him (ready cut and dry'i',
0s he had been told) for his being privy to
the murther of Sir Edmund-Bury God-
frey-

Ele faid he did not wonder at it, becaufc
there was nothing lb black, which had not
been invented to be faid againft him-, but,
he confelled, he did wonder to hear, that
fuch an evidence of an Irifli Papilf (who
\v.i5 upon trial for his own life, and upon
an hear-fay only) ihould be believed ag.unlt
an pjiglifii Proteftanr, by a Jury of Eng-
lifhnen, and fome of them gentlemen ;
but yet that wonder had been muth abated,
wi:en he heard that tlie lame foreman had
been as favourable in the cale of a noto-
rious murther, as he had been ready to find
that murther againft him, Vihich had not

OF TRIALS.

the leaft probability in it, and which no
man could think of with more deteftation
both of the fadl, and of any man that could
have an hand in it, than himfelf.

1-iowever, this prevented him from co.m-
ing there again, till after notice had been
given to Sir Edmund-Bury Godfrey's bro-
thers, to know if they had any thing fur-
ther to fay againft him on that matter, and
that he could get himfelf difcharged from
that indictment-, and as to the wretch
himfelf, Fitz Harris, (who had accufed
him) he did two days before his death,
fend the minifter of the Tower to his Lord-
fhip, to beg of him, that before he died,
his Lordfhip would forgive him his having
iworn fallly againft him -, and he did con-
fels, that he was put upon it to fave his
own iifj -, and did lay by whom he was
prompted to it. And whether it proceeded
from thofe men, who might think their
villanies dilcovered, and fo misht fear thev
could noway be fate but byputting that matter
yet farther againft him, or from what other
caufe, his Lordlhip could not tell ; but if
his Lordfhip was not mifinfcrmed) he did
hear that fome men were ftill endeavouring
to get fomething more of the lame nature
to be fworn againft him, if they can con-
trive how to make their forged teftimonies

to agree a

bout

It.

He faid he thought that time would have
tired out the malice of luch blood-fuckers
before now, whom he had found lb bufy,
for the tirft year and half after his impri-
fonmenr, that he was not a week without
endeavours ufed by Orange peop'e to gtt
to fpeak with him, and fuch as he had rea-
fon often to fulpeft to be Knights of the
Poft ; amonqft vvhi-m the ftory of one Ma-
grath, (another Irifliman) he laid, was not-
ably remarkable in his endeavour (under
pretenceof kindnefs) to have made him their
tool, to prove, that Sir Edmund-Bury God-
frey had killed himlelf: But he fiid, he
had the good fortune immediately to deteit

that

A COLLECTIO

that villany, as he hoped yet to live to do
of fome others -, but that in the mean time
he forefavv, that he was always to be a par-
ticular objeft of the malice of fuch men,
fo long as he was kfc under this confine-
ment, from whicli he faw no hopes to be
relieved, but by that Court where the law
direds every Endiihman to come for iu:-
tice, that is opprefs'd in his liberty.

He laid, he hoped his Lordfhip would
forgive him for having been a little tedious
on that fubjeft of Sir Edmund-Bury God-
frey, becaufe his reputation had been fo
much ex poled in that particular, and be-
fore that Court.

After his difcharge fom that indid-
ment, he faid, there teemed to be a proba-
bility of the call of a f arliamcnt in fome
fhort time -, and whenever he couid give
himfelf the lealf hopes of that, he refolved
to trouble no other place : But that now
he had not the icr^ft profpcift of that kind ;
and that he had been a prifoner above three
years, and yet could fafely fwear, he was
without the knowledge to that day, for
what real crimes he was ccmmitttd ; only
he knew that the name of ireafon had been
laid to his charge, without faying wherein
the ireufon confilted.

He faid he came, therefore, novv to that
Court (as the only proper pkce for all per-
fons to rtfort to for their liberty) and he
was forry, that he was put to the great dif-
advantage of fpeaking in his own caufe.
But becaufe he faw the lail time he was
there, that fome fault feemed to be found
with his Council, for urging things which
feemed to relate to matters of Parliament
(akho' upon a confidcration of his requeft,
there is nothing in it which does touch
their jurifdiclion) he had chofen father to
rely upon the Court's pardoning his defeds,
than put any further hardfnips upon thofe
gentlemen, w:,o had been his council, to
whom he had been more beholden, than
they had been to him ; for that they had
YcL. I. No. 15.

N o F T R I A L S. 335

undergone fome unheard-of rebukes al-
ready in another place, for offering to be
council with him, (though in mattters of
law) which he believed had never been
heard of, but in his cafe -, and he hoped,
that (v/hen all his circumftances fhall have
been well confidered) he fhall be the laft
Englifhman that will ever have fo many
hardfliips put upon him ; as will appear to
be thro' every part of his cafe.

In the firft place he faid, that he had
been both accufed and committed, without
any oath or affidavit made againil him, for
any crime whatever : Which had been in
the cafe of no other Lord but himfelf, and
he did believe of no other man.

Secondly, '1 hat there was no particular
treafon mentioned in the articles againlc
him, only the word traiterouOy had been
applied to things which were not trealbr!,
if they had been true (as was then declared
by Sir William Jones, the King's Attorney)
and he faid, there were good {fore of wit-
nefles to prove, that when it could not be
maintained by argument in the Houie of
Common?, that any or the crim.es men-
tioned againft him were treafon -, it was
anfwered by one of the long robe there,
(who v;ould not have fparcd to have af-
figned the treafon, had there been any)
th^ however they ought to give the title
of high trealbn to the articles, " for that
othervkife they v^ould dwindle to nothin-^
when the'/ came into the Floufe of Peers."
Now in the imipeachmenis of the other
Lords (not to meddle with the truth or fal-
fity of their accufers) they were charged
with the higheit treafons in name, and
upon oaths made againlf them.

7 hirdly. When a fliort day was fet by
the Lords for his being heard ; and that
he appeared that day accordingly, his
Council was then threatned if they did dare
to plead matter of law for him : VVh;c!i
he laid way never heard of before in zDy
Q^q q q man's

334 ACOLLECTIO

man's cafe whatfoever, nor in the worfl of
times.

Fourthly, He faid if all the articles had
been true againil him, and had been Trea-
fon ; he had his Majelty's Pardon (which
he then ibevved to the courr, and demanded
the benefit of it) faying, That that did par-
don l)oth his crimes (if he were guilty of
any) and his imprilbnment -, and yet, that
both that Pardon and He, had been pri-
foners together for above three years (of
which he faid he durft confidently afBrm,
that his was the firft precedent fince the
conquefl:.)

Fifthly, He fet forth, That he had not
only his Majefty's pardon, but that there
liad been his Majefty's declaration of it in
his fpeech to the two Houles of Parliament,
together with a delaration of his innocency,
and a declaration that he would give him
his pardon Ten times over, if that were
defcclive either in matter or form. And
in this alio he faid, that his cafe was not
only particular from any others, but that
fucli declarations of the King's inentions to
pardon, (although the formal pardons have
not been obtained) have heretofore been
alone a ground to procure bail at leaft,
when the party has been the King's pri-
foner, and at the King,'s fuit -, which he
fuppofcd was not doubted in his cafe.

Sixthly, He faid that he had not only
been thus committed, and thus detained
for above forty months, but he had been
kept a prifoner, without any profecution,
for the greattft part of that time; which is
another fufficient ground by the law for
bail : But inllead of a reftraint nd cuflodiam,
he faid he had undergone punifhments
greater than the crimes allcdged againft
him could have dei'erved, if they had been
true ; both by the length of his imprifon-
ment, which was agreed to be a fufficient
ground for bail, both by the King's coun-
cil and the prifoner's, in the arguments on
the grand Habeas CorpuSy 3 Car. as alfo in

N OF TRIALS.

Melvin's cafe, 1 Car. and in Sir Thomas
Darnell's and other cafes.

By the inconvenience of his accom-
modations in the prifon, for above two
years and an half of the time.

By two moft dangerous ficknefles in the
prifon. And

By the lofs of divers of his family fince
his being in prifon, who would fome of
them moft certainly not have been in thofc
places where they have been loft, had he
been at liberty.

He faid he was informed. That his IVIa-
jefty had been again pleafed to give his di-
rections to Mr. Attorney, to give his con-
fent a fecond time to his bail, and he did
beg leave to alk Mr. Attorney if it were
fo ? Whereupon Mr. Attorney did ftand
up, and fay, that he had his Majelly's di-
rec^lions to give his Majefty's confent again
to his Lordlhip's being bailed.

His Lordlhip did thereupon fay. That
this alfo was particular in his cafe ; and he
did believe, there was fcarce a precedent in
the world, ot the King's prilbner, and at the
King's fuit, not being bailed when there
hath been the King's confent to it ; unlefs
where the [iriibnei hath not been able to
find fufficient fecurity for his appearance to
abide his trial. For that the two only
jurtifiable grounds for the continuance of
reftraint by the law are, either for keeping
the party from being able to do any harm
by his being at liberty, (of which the King
is the beft Judge) or for fecuring the party
to abide the judgment of the law, (in which
the court ought to have good fatisfaftion)
and fo they might have iufficiently in his
cafe.

He faid. That the precedent would be
ho lefs ftrange and new againft the King,
thsn againft himfelf, if they fliould not
permit him to be bailed under fuch circum-
ftances : For he had heard, that the law
did admit of no ablurdity : Now he did
dcfire to know, how any thing could in

reafon

A COLLECTION of TRIALS

reafon be more abfiird on behalf of the
Kine, than if the King's prifoner and at the
King's fuir, fhould be kept in prifon by
any of the King's courts, againft the King's
will ?

Or how, faid he, can any thing be more
dangerous to the fubjeft, or be a plainer
failure of jultice (whatever may be pre-
tended to the contrary) than to fay. That
there can be any fuch rellraint of Englifh
liberty, as cannot obtain fo much as bail, but
by the leave of the Houfe of Lords ? When
that Houfe can neither meet but when the
King pleafes, nor can never fit longer than
he pleafes : So that to fay a man fhall be a
clofe prifoner (I mean by that a prifoner
without bail, for bailitfelf is imprifonment
in the eye of the law) till he fliall be dif-
charged by the Houfe of Lords ; is to fay,
that a man fliall be a prifoner during the
King's pleafure ; which was the great grie-
vance complained of, when the " Petition
of Right" was granted, and that was
thought to have fully and for ever redrefled j
that grievance.

But if after fo many heats and difputes
which our anceftors have had with the '
crown about their liberties, this doftrine ■
ihould now be admitted for law ; we would
feem to endeavour (as much as in us lies) >
to bring it to this conclufion, and be our
own Felo's de fe; " That the King fliall
have a way found out by ourfelves, and
without his feeking, how he may iniprifon
any man, or number of men when he
pleafes in a Parliamentary way ; and by
dilToIving that Parliament he may keep
them as long as he pleafes in a prifon with-
out remedy : But that he fliall neither have
power to relieve us himfelf by his own au-
thority, nor by his courts of Juftice." So
as in fliort, by this doclrme, the King
fliould only have power to hurt his fubjefts
as much and as long as he pleafes, but
fliouid not be able to do them any right if
he would ; and then we fliall have Al^gna
Charta and the " Petition of Right" re-

verfed, inn:ead of receiving that benefit by
them, which the Kings of England have
been fo gracious as to give us, and all the
learned writers upon thofe happy " laws
of liberty " have told us, we are lecure
under, " at all times, and againft all acci-
dents wliatever."

He then begged leave to obferve to his
Lordfliip what he found in my Lord Chief
Juflice Coke's Comments upon Magna
Charta ; who faid, That the words ISulU
vendemus, nuUi Jicgabimus, ant dtfferemus
jiijlitiam vel reSfum, are fpoken in the
perfon of the King, who (in judgment of
law) is always prelent, and repeating the
faid words in all his Courts of Juftice.

And therefore (fays he) every fubjeft in
the realm, may, " at all times," have re-
medy by the courfe of the law -, and may
have juftice done freely, fully, and fpeedily,_
without delay ; for that delay is a fort ot
denial.

The faid Lord Coke obferves farther^
that thofe words of Magna Charta are tuUy
expounded by latter ftatutes, viz. 20 Ehz.
3, &c. which do diredl. That there iball
be no delay nor hindrance of fpeedy juftice
to any man, neither by any leal, nor by
any order, nor any writ whatloever •, neither
from the King, nor from any other, " nor
by any other caufe."

Now, whatever may be faid out of other
confiderations, he faid, No man can deny,
but that there is great " delay of juftice"
(to fay no worfe of it) to any man who
(through no negleft of his own) can neither
get trial nor bail in above three years, al-
though his crimes were never fo grea%
And he faid, he durft be confident, that
the makers of Magna Charta did believe
they had fecured all Engliflimen from ev^ r
being under the poflibility of fuch a dangei j
and that he made no queftion at all, but
that by law we are fo.
j He faid. That the fiid L. Coke does fay
in his Comment upon the 15 W. i. (where
t he

350 A COLLECTIO

he fpeaks of what things are bailable, and
what are not-, and names treafon amongfl
the things not bailable) that is, (fays he)
Juch oiTences iliail not be replevied by the
:Slicrifr-, but all or any of thefe, ]-,e laith,
may be bailed in the King's-Bench.

And he fyid, he had alio fome of the
prcient Judges opinions to fliew, in this
point, whiih he dtfired to read out of a
copy of the Lords Journal, (viz. 23d oi
December 1678. 1 he quefcion being put,
" Whether the L ord Treafurer jliould with-
draw ? It v/as carried in the negative. And
,cn the 27th of the laid December, the
qutftion being put, whether the Lord High
'ireafurer, (v/iio Itands impeached by the
Houfeof Commons) flioul J be committed ?"
It was relblvcd in the negative.

And it was the fame day propofed to the
Judges, Whether the Judges can bail any
perlbn, in. cafe of miiprifion ct Treafon,
wherein the King's life is concerned ?

To which Sir William Scroggs (Lord
Chief Juflice of the King's-Ecnch,) Sir
Francis North (Lord Chief Juftice of the
Court of Common-Pleas,) Juftice Wind-
ham, Juftice Jones, and other of the
Judges then prefent, gave feverally their
opinions -, that the Court of King's-Bench
may take bail for High-Trei\ibn of any
kind, if theyfee caufe.

He cited the Lord Coke alfo in his com-
ment on the 24 V/. 11. where he fays.
That it is a rule in law, ^lod curia Regis
jion debet dejicere conqiierentibus in jiijlitia ex-
Libcnda. And the rcafon of this is, that a
failure of juftice may be prevented ; which,
he frequently lays, is " abhorred by the
law:" So as it appears, 1 hat " the law
abhors all failure of juftice-, and he find,
That if fuch " failuie" do appear in his
cafe, or any man's elfe ; no " order" can
'licence fuch failure ; nor " no court" can
j'v.-.ftify the not giving relief againft it : And
he faid, he ftiould either make fuch failure
appear, or his Lordfhip (meaning the Lord
Chief Jultice) v-culd be able to tell him

N OF TRIALS.

where he might repair for juftice ; which
both Magna Charta and the *' Petition of
Right " are underftood to have provided
"at all times for the fubjedls liberty:"
Cut ii" his Lordftiip could not infqrm him
where he might appeal forthwith for his li-
berty ; in that cai'e, he faid, that for that
reafon alone ^were there no other) he ought
of right to be admitted to bail by that
court ; till he could be brought befoie fuch
a judicature as hvid power to difchargc him.
He obferved all^v That the Lord Coke
(in a chapter on the Kitig'-Bench) did fay.
That tl;at court might bail for any offence
whatibever : And that in the faid chapter
it was particularly obferved, That there
had been fuch care taken by the law
to avoid " failure ot jultice," (even ia
fmall matters, in companion of liberty)
that he gives there an example concerninp'
a Clerk or officer of that court : For he
takes notice of what things, and againlt
whom that court hath power to hold plea
by bill. , And amongft thofe, he names
againft any officer or Clerk of that court ;
and gives the reafon : Becaufe if they
ftiould be fued in any other court, they
would have the privilege of that court,
which might be the caufe of a " failure of
juftice." And from this his Lordfhip
faid it did appear, that the law intcndecl.
That there ihould be no " failure ci'
juftice" by the privilege of any court,
how great foever it was ; for that (as
was faid before) the law did abhor all
" failure of juftice." And he faid, if fuch
care had been taken againft a failure, in
fuch fmall matters, and not in what con-
cern our liberties ; all Engliflim.en ouo-bt
juftly to break out into the like excla-
mations, as the fame Lord Coke and many
others did, in their fpteches in Parliament,
and in their pleadings, 3 & 5 Car. upon
the argument of the Grand Habeas Corpus
at that time: Where the Lord Coke breaks
forth into this exprtlliun ; " bhall 1 have

A eOL LECTIO

&n eftate ot' inlveritartce for life, or for
years, in my land ? And fhall I bi; tenant
a: will tor my liberty ? Shall I have pro-
perty in my goods by the laws ; and not
liberty in my perlon ?" And thereupon he
tells us, That P^rffiicne "jera nvn Juni pro-
banda ; As taking for granted, that our
libctties were not to be doubted, where our
properties were fo fccured : And the King
(lays he) had diftributed his judicial power
to courts, and to his minifters of jullice ;
" Who are to fee right done."

And he faid. The Lord Coke gave the
reafons of thofj laws which are againft un-
due imprifonments ; and that one of thofe
is, " For the indefinitenefsof time;" which
he fays, may be " perpetual during life:"
And that his words are, " That it is un-
reafonable to think, that a man has a re-
medy for his horfe or cattle, (if detained)
and none for his body indefinitely impri-
foned : For that a prifon without any pre-
fixed time is a kind of Hell."

And here his Lordfliip faid. That he
hoped the court would either allow him
bail, or tell him a prefixed time, when he
fhould be tried or difcharged. He did
then alfo quote the cafe of the " Duke of
Suffolk, 26 H. VI. and the opinions of
Prefcot and Fortefcue (who were eminent
Judges) who faid, That he ought not to be
committed, (chough for treaton) without
efpecial caufe on the treafon fhewed ; which
had not been in his cafe.

He further laid. That many other prin-
cipal gentlemen of that Parliament had
fpoke moft fenfibly on the fame fubjedl of
liberty ; and amongft the reft. Sir Robert
Philips had faid. To have our liberties
(which are the fouls of our lives) taken from
us, and to be pent up in goals without re-
medy by law, and this to be fo adjudged,
(for fo that court had then thought fit to
deny bail, for reafons which were at that
time alfo beft known to themfelves) he cries
out, " O improvident anceftors ! O unwife

Vol. I. No. ij.

N r- TRIAL S. 3 ^,7

> fore-fathers ! To be 10 curious in providing
I for the quiet pofie.lion of our lands, and
j to neglett our peribns and bodies ! And to
j let them lie in prifons ! And without re-
medy, diirnHti: bene placito I If this be law,
what do we talk of our liberties ? This
(fays he) \% fiinma totalis of all miferies."

He fiid alfo. That Mr. Scldcn did in the
fame Parliament argue, at a conference
with the Lords, That in all cafes where
any right or liberty belongs to the
lubjeft, by any pofitive law, written or
unwritten, if there were not alfo a remedy-
by law, for enjoying or regaining of thig
right of liberty, when it is violated or taken
from him, the pofitive law were moil vain,
and to nopurpofe •, and it were to no pur-
pofe for any man to have any right in
land, liberty, orotherinheritar.ee, if there
were not a known remedy, by which, in
fome court ofordinaryjuftice he might re-
cover it ; and in this cafe of right of liberty
of perfon, if there were not a remedy in the
law for regaining it, when it is reilrainej,
it were to no purpofe tofpeak of laws.

Here he defired leave, to fhew his Lord-
fhip what Sir Nicholas Hide (when fitting
as Lord Chief Juftice in that Court) did
fay on this occafion, viz. That the King's
pleafure is, his law fhould take place and
be executed ; and for that do we fit here •,
and whether the commitment be by the
King, orothers, thiscourt is theplace where
" the King doth fit in perfon to do right,
if injury be done ;" and if it appear that
any man hath wrong done to him by his
imprifonment, we have " power to deliver
or difcharge him." and he farther faid.
That the fame Lord Chief Juftice Dode-
ridge, Jones, and Whitlocke. (anfwering
the prifoner's council at that time) did fay,
the Attorney General had told them. That
the King had done it; and that they fthe
Judges) do ever truft him in great matters.
i\nd here he took occafion to lay, That he
hoped that the King's confent to his bail,
R r r r and

A COLLECTION of TRIALS.

ex-

mentioned an
long imprifonment

and his declaration of his innocency, would
be now as much traded in this court.

He cited alfo the arguments of Mr. Cal-
thorpe for Sir John Corbet, on the fame oc-
cafion, who faid, that, admit the commit-
ment were lawful, yet when a man hath
continued in prifon a reafonable time, he
bught to be brought to anfwer, and not
to be continued ftiU in prifon ■, tor that it
appears by the books of our laws, that li-
berty is a thing fo favoured by the law,
that the law will not fuffer the continuance
of any man in prifon, longer than of ne-
cefTity it muft.

He cited alio Mr. Hackwell •, who faid,
upon the fame occafion, That the law ad-
mits not the power of detaining in prifon
at pleafure, when the imprifonment is but
pro cujiadia ; for a man, by long imprifon-
ment, might otherwife be punifhed before
his offence. And he
preffion of his. That
was Vita pejor morte.

He meniioned how the Commons, at the
end of the Parliament 3 Car. did defire,
that the Judges might declare themfelves
upon the matter, why thofe gentlemen had
not been bailed, when (by the Judges ar-
guments) it was poffible they might have
been " kept prifoners all their days."

To which, he faid, Whitlocke anfwered,
Firft, Not fo ; but they did remand them,
that they might better advife of the matter ;
and that the gentlemen, if they liadpleafed,
might have had a new w^rxtoi habeas corpus,
when they thought fit. And Secondly,
That he had fpent much time in this court,
and that in fuch great cafes, he never knew
any man " bailed without the King firft
confuked in it :" And the lame he faid,
was then faid by the reft of the Judges of
that court.

Hereupon he made two remarks : Firft,
That by this it did appear, that upon con-
lideration, that court had altered their opi-
nions in the cafe of bail, jull contrary to

what their firft opinions had been pofitive
in : And Secondly, That the confuking of
the King was ever neceflary in fuch great
cafes. A.nd he faid, he did believe, that
there was not a precedent, where the King
had agreed to the bail, that ever it had been
denied.

He faid, that thofe men whom he had
quoted, were men of no ordinary under-
ftanding in the laws . And as the Judges
then did at laft acknowlege their I'enfe of
them to be right, fo he faid, he hoped our
laws were neither changed nor diminifhed,
in what related to the fubjedls liberties ;
and he hoped that no order of one Houfe,
nor ordinance of both Houles, nor Kins
alone, nor King and either Houl'e alone^
could alter them : And he refted afi'ured,
that a King and Parliament would never al-
ter them to the prejudice of liberty.

He proceeded. That if the law were ftill
the fame it was heretofore, it was plain that
that law did both give a power to that
court to bail for all offences whatfocver
(and for treafon particularly) and did re-
quire, that " the fubjed fhould at all times
find remedy in it," when his liberty was
reftrained, by any caufe whatever;

The chief reafons, he faid, why fuch
large powers had been given to that court,
were principally " for avoiding all failure
of juftice ■" and to the end, Firft, That
the King may both have a means of giving
right to his fubjefts at all times, according
to his oath at his coronation, and accord-
ing to the intent of Magna Ckarta, and
the Petition of Kight. And Secondly,
That there might be a conftant place for
thefubjeft to relort unto for " remedy at
all times," whenfoevtr he was oppreffcd in
his liberty : And he hoped we were not
now to learn a new law, that the King could
neither keep his oath, nor maintain Magna
Charta, nor the " Petition of Right," with-
out the affdlance of an " extraordinary
court," w.Hich he may both chufe, whsihcr

A COLLECTION of TRIALS.

he will call, or when he will call it, and'
how long it Ihall fit; which (as he laid)
would put all under the " King's abfolute
will."

He then faid, he took for granted, that
there would be no difputemade in this mat-
ter, but that there was " an order of the
Lords" which was fuppofed to ftand in the
way : But he faid, if his Lordfhip would
give him leav^e, he would firft fay fomething
to the order itfelf, and then he hoped to
fliow his Lordlhip, that it ftood not at all
in the way, as to his requeft of bail ; and
that it fhould neither be interfered with in
the lead, nor the jurifdiftion of the Lords,
nor their proceedings meddled with in any
kind by his being bailed ; but rather own-
ed and fubmitted to, by his being bailed to
the Parliament.

And firft for the order Itfelf, He defired
the court to obferve, that it was dated the
19th of March, i6yS, and worded as fol-
loweth : viz.

Die Mercurii 19 Mar tit, 167s.

THE Houfe this day taking into con-
fideration the report made from the
Lords committee for privileges, that in
purfuance of the order of the 17th inftant
to them direfted, for confidering whether
petitions of appeal, which were prefented
to this Houfe in the laft Parliament, be ftiil
in force to be proceeded on ; and for con-
fidering of the ftate of impeachments
brought up from the Houfe of Com-
mons the laft Parliament ; and al! the in-
cidents relating thereunto ; upon which the
Lords committees were of opinion. That
in all cafes of appeals, and writs of errors,
they continue, and are to be proceeded on
m Jlatu quo, as they ftood at the diftblution
of the laft Farliarricnt, without beginning
denovo. And that the dififolution of the
laft Parliament doth not alter the ftate of
the impeachments brought up by .the Com-
mons in that Parliament.

J39

Now upon this order, he oblervcd, That?
it related as well to appeals and writs of
error, as to impeachments ; and feemed
to be more fully worded to them, than to
impeachments : The words Jfatu quo, and
without beginning de novo being annexed
in the order more particularly to the ap-
peals and writs of error ; whereas all that
was faid as to the impeachments, he obferv-
ed to be, that the diflblution of that laft
Parliament doth not alter " the ftate of
impeachments" brought up by the Com-
mons in that Parliament, and are not words •
which (ftridtly taken) can bind after the
diflblution of any other " than that Par-
liament."

But he faid. If the order ftiould be ex-
pounded otherwife, yet that both the law,
and the prafticeof the inferior courts, were
undoubtedly contrary, " in the cafes of
appeals and writs of error." And, he
hoped, no court would take upon them to
expound the order fo, as if they were at
liberty to fplit the order, and to judge,
" which part of the fame order fliould be
binding, and which not ;" for that would,
be to meddle, in a more extraordinary man-
ner, with the proceedings of the Lords,
than he had defired.

Now, AS to " writs of- error," he fiud,
there were full refolutions of the Judges in
the cafe, though in times of prorogations
only, when a day is fet for the fitting of the
Lords Houfe ; and he cited tha cafe of
Heydon andGodfalve, in Croke's reports:
as alfo the Lord Chief Juftice Hale, who
did not only grant execution upon a writ of
error, (depending in Parliament) but did
alfo anfwer the defendant's council (who
would have pleaded the Lord's order in bar
of the execution) that he ftiouid always pay
all due refped: to that Superior Court of
the Lords ; but that he muft aft ac-
cording to law, that he knew, that the
Lords did. not intend otherwife^ And of

this -

340 A COLLECTION of TRIALS.

this Lord Chief juilice Pemberton himfelf, i in Parliament may revive the ikuie matter
vsho he laid had denied rellitution upon an there again, by fcire facias, or by reium-
cxscution h^.tely taken out, in catc where a mons, Sec. But he iaid, it was never heard

writ ot' error was, and is Hill depending in
Farliament. An'd in " cafes of appeals,"
he faid, he was informed, that the court of
chancery did not take any notice of the ap-
peal being in Parliament after a diffolution,
but: did notv/ithfxanding proceed to feque-
•(trati:on. And he faid, that there was a
jate precedent in the Court of Fx-
<;hcqner, in the cafe of one Fnuntaine,
.where an appeal was brought from a decree
■jn the Exchequer, and recognizance entered
into by the faid Fountaine, toabidc the order
of tlie Houfe of Lords ; and after the Far-
iiameur was dilTolved, the council of the
faid Fountaine did inftft on the faid order
■ber'ore the Barons. That the Houfe being
poffefled of IVIr. Fountaine's caufe, and fe-
curity having been given by him to abide
the order of the Houfe, that no proceed-
ings ought to be had in the Excehquer up-
on the faid decree, untill the matter on the

of, that the Lords themfeives did proceed
again «f officio, without the petition of t!ie
party to revive the caufe. And fo he fiid
in the cafe of impeachments, that the Lords
would no more proceed ex />ffiiio upon that
neither, unlefs they were called upon by
the profecutors ; and then " their Lord-
fhips proceedings upon the impeachment,
would be no more hindered by the bailing
of him in the inferior court, than they were
in the other cafes by the executions and fe-
queilrations, which arc granted in the in-
tervals of Parliament," which were for the
prevention both of delay and of failure of
juftice.

Belides, he faid. If this fnould not be
done, how could it be known, whether the
profecutors of an impeachment from the
Houfe of Commons (who are never the
fame men in a new Parliament) will pro-
ceed any more upon a former impeachment ?

appeal was determined before the Lords. jFor, he faid it had many times fallen out
.Notwithftanding which, and that Mr. I otherwife -, and he cited a late cafe of the

.Fountaine produced the Lords order in the Lord Mordant, who was impeach'd upon
.court, and produced the fccurity allowed ■, articles in one feffion ; and having taken

yet the now Barons declared and ordered, | out a pardon during the prorogation, was

That the decree by them made, fhould be nevermore called upon, nor never queftion-

proceeded on againft the faid Fountaine,
in the court of Fxchequer : And a pro-
ceeding hath been had accordingly.

By all which he obferved. That the in-
■fericr courts did proceed upon " matters,
•forbid as much by the Houleof Lords," in
the matters of appeals and writs of error,
.as it was upon impeachments ; and yet
'.that the reafon was plain why they did fo,
for that the Parliament might proceed again
upon the fame appeals, and writs of errors,
notwithftanding thofe proceedings in the
inferior courts, in the interval of Parlia-
ments ; for that none of thofe aifts of the
inferior courts, does fo hinder the proceed-
dngs of the fuperior, but that the plantiff

ed upon the fonr.er impeachment -, altho*
the very fame Parliament fat again, which
had impeach'd him: And therefore, he
faid, That the cafe might more probably
happen to fall out fo, when a nev/ Parlia-
miCnt fliould meet again, which would con-
fiil of new men.

He faid. It was likewife to be obferved.
That although the tranfcript of the record
in a writ of error might have days ol con-
tinuance, yet no fuperfedeas is grantable •,
and he faid, 1 hat if the Lords order be no
ground for z. Juperfedeas on a writ of error,
why the lying ot an impeachment fliould be
a ground for confining a man within Tower
walls all his life, he was fure muft be both

A COL LECTIO

lefs reafonablc and lefs juft, as liberty was
more valuable than property, and without
which, property could be of no comfort.

In the next place he obfcrved, I'hat if
the order Ihouki be continued litterally to
mean, that the impeachments, as well as
the appeals and writs of error, (and the
incidents relating to all of them) (hould re-
main in the fame (late they were at the dif-
folution of that Parliament mentioned in the
faid order, his cafe thereupon, he faid,
would be quite different from any others ;
for that he was" not under any commitment
at the diflblution of that Parliament," nor
at the time when that order was made, but
was then at liberty to be a fitting member
of that Houfe, and " by a vote of the
Houle had leave to continue fo ;" for that
(as he had already obferved j the date of the
order was the 1 9th of March 1678, and the
warrant of his commitment did appear by
the return before the court, to be the i6th
of April following : Infomuch, that he de-
fired the court to take notice, that the ftridl
letter of the words Jiatu quo in the order
(compared with the time when the laid
order was made) would be an argument to
fet him " in a (late of liberty, as he then
was."

He then told the court. That by what
he had faid, he hoped he had made appear,
that the order did not afford the leaft fha-
dow for the hindering of his being bailed ;
but that on the contrary, the reafons were
much ftronger for the doing of that, (as it
related not only to him, but " to the liberty
of the fubject in general") than for the pro-
ceedings which the inferior courts do daily
praftice upon appeals and writs of error
(which are but for property) and are com-
prized in the fame order ; and therefore
he faid. That he hoped he fhould at leaft find
the fame favour in a cafe of liberty, which
is allowed every day in cafes of leircr mo-
ment.

Vol. I. No. j 5.

N OF T R I A L S, 341

He then faid. That although it did not
concern his particular cafe, yet for the fake
of Englilh liberty itfelf, he could not but
fay lomething farther upon this point : For
he could not but be of opinion, that if the
order had diredly forbid bail, which it was
tar from doing ; and befides, the Lords
own pradtice had fliewn their meaning to
the contrary, by the bailing of a Commoner,
whole crimes were declared to be greater
than his ; and in which cafe they made no
non obftante to their order, but take that
to be fcill in the fame force towards him, as
towards any others who are in cuftody -, yet
he faid, in that cafe, if fuch an order fhoukl
be found to be againft Magna Charta, and
the fundamental right of the liberty of the
fubjeft, (as any thing muft be, which does
fubjed: any man to an indifinite imprifon-
ment) ; he conceived, that of right that
court ought to free any man from fuch a
flavery ; for he faid, he could give it no
better a name. And he then cited an ar-
gument of the Earl of Shafcfbury's upon
that point, which that Lord argued in that
court upon an habeas corpus-, when the
court agreed they would have bailed him,
had it not been in a time of an adjournment
only of the Parliament. His words, he
faid, were, " That this court will, and
ought to judge an Ad of Parliament void,
if it be againlt Magna Charta \ and more
might it judge of an order of the Houfe of
Lords, that is put in execution to deprive
any fubjeft of his liberty." And, as he
fiid, this could not be denied to be law;
fo he was confident the Earl of Shaftfbury
was Hill of the fame mind, and fo muft
every Lord in England be, or (when they
ccnfider their own cafes) they would make
their liberties to be very precarious.

He proceeded to fay. That the Earl of
Shaftfbury being allowed to be a knowing
man, both in the laws, orders, and confli-
tutions of Parliaments, he would beg leave
to quote another part of the fame fpeech 1
Sfff ^ VIZ.

^42 A C

viz. " That Mr. Attorney (which was then
Sir William Jones) was pleafed to anlwer
the initance ot one of his Lordlliip's coun-
cil. That if a great minift^:r fhould be com
mitted, he iiath the cure of a pardon, a pro-
rogation, or a diffolution -, But (iays the
Earl) if the cafe fhould be put, why forty
members, or a greater niunber, may not as
well be taken without any remedy of any of
the King's courts .-' His Loidihip faid,
That Mr. Attorney could not very eafily
anfvver. And if in this cafe (fays lie) there
can be no relief, no man can forefee what
may be hereafter." And in another place
of the fame'fpeech he fays,' " He docs not
think it a kindnefs to the Lords to make
them abfolute, and above the law -, for fo
jt mult be, if it be adjudged, that they may
commit a man to an indefinite imprifon-
ment."

He faid. He took thefe men whom he
had named, for no fmall authorities in this
age : And the Earl of bhaftfburv, he faid,
was a man llill as much for' the maintain-
ing this order as ever ; but that his Lord-
fhip did fhew himfelf, at the fame time, to
be for Englifh liberty : And he plainly
llievved his own fenfe, both of this and of
all orders whatever, which concerned the
liberty of the fubjeft ; and declared, That
he took that court to be the proper judge
of all fuch orders.

He faid. It thereby appeared how fenfible
that Lord was, that fuch cafes might con-
cern forty, as well as one, and members of
either Houfe, as well as other men ; and
without relief, if it fliould be admitted,
tiiat ordinary courts could not relieve. And
the Earl of Danby faid. That there was
no anfwering of thefe arguments of the Earl
of Shafcfbury ; unlefs it could be denied,
" That the King can impeach as well as
the Commons -, or that the King cannot
call and diflblve Parliaments at his own
will and pleafure :" Eor if he may (as was
not to be doubted) he faid, he was fare

O L L E C T I O N OF TRIALS.

" every man in England was in the fame
danger when the King pleaied ; and then
he law nothing whereby we had any fecu-
rity •, but that we lived under a King who
would not exercil'ethis power over us, which
v/e will needs put into his hands, although
he does not defire it himfelf. As if we
were fo v/eary of our liberties, that we
would be induftrious in contriving hov/ we
might infenfibly Hide into thofe flaveries
which our anceftors have been lome ages
taking pains to ieciii'e us from, and our
Kings have been fo gracious as to grant and
confirm to us, fo many times over as they
have done •, and which other Kings may
He concluded his obfervations upon that
fpeech of the Earl of Shalrlbury s, with
taking notice. That his Lordlhip had 0-,evv'd
he was one of thole Peers who would
take it for no kindnels t) be made abfolute,
and above the law, by luch orders of theirs
being conftrued to extend to indefinite im-
priibnn:ents.

He then repeated vSir William Jones's
declaration in that Court -, " That either a
pardon, a prorogation, or a tlillbiution, was
a cure againft fuch imprironments." And
he obferved thereupon, That if that c'oc-_
trine were true, " That any one of thole
was a cure againft fuc'i imprifonment, (and
he could not doubt of its being good law)
then certainly he ought to find relief from
his imprifonment, " who had every one of
thofe cures oa his fide."

He then defired to put the Court in
mind. How in the worft of times, juftice
had taken place fo far, as " to lay afide the
force of orders made in Parliaments, after
the diiTolutions of thofe Parliaments which
made them ; altho' it was to the prejudice
of the intereli of thofe ufurpers themlcKes.
He cited an inifance of one Sir John
Stowel, w'--^, by the articles of Exeter was
to have been admitted to ccmpofition for.
his cftate -, but yet, contrary to thofe arti-
cles, the Parliament did afterwards order

his

A. COLLECT lO

his eftate to be fold. After the diflblution i
of which Parliament Sir John Siowel plead-
ed by his Council (which were Serjeant
Maynard and Mr. Latch j, That "that
order was diffolved by the diliolution of
th-U Parliament ;" and that therefore the
arciclcs were again in force : And that the
plea was admitted to be good, and Sir
John reftored to the benefit of the articles
upon that plea, even by Bradlhaw himfelf.
But he faid, he was forry that he could nei-
ther have Sir William Jones, to argue thofe
points for him which he had ul'ed againft
my Lord Shaftfbgry ; nor Serjeant May-
nard, to make good " the invalidity of
parliamentary orders after diffolutions :"
But he faid, That it was not his fault, and
he doubted not but he v;as before more juft
Judges than there were in thofe ill times;
and that he hoped, *-' that the liberty of
the fubjed was not now more precarious
than it was in thofe days."

He added. That if upon fuch orders
men could not be bailed in the interval of
Parliaments, they Vvfould become grievances
equal to the multiplications of treafons in
former days ;. which have fometimes been
greedily made heretofore by Parliaments in
difttmpered times ; but the Commons had
never been quiet, till they could get their
bear chained up, and their laws reduced to
the old ftandard of treafon .".gain . But yet
ihofe things had been done by ads, and
not i)y orders of Parliament.

He deSred them likewife to remember.
That it had been one of the chief grounds
of the lat^ war betwixt the King and his
Parliament, fin which fo much blood had
been fncd) 'J hat an ordinance of Parlia-
ment fhould not be held equal to an adl of
l-'i.rliarnent ; and. yet thofe were order of
both IJou ts. And now, faid he, fl;all we
be defending, That an order of -one Houfe
only fiiall be equivalent to a law ? 'And
fi>all be in force againlt our greateft and
njpft^facred kws of liberty, which have

N OF TRIALS.

343-

been fo confirmed to us ? This, faid he, I
am not able to underftand the reafon of;,
nor will any man who fhall give himfelf.
the leaf!: leifure to think upon it.

He then'faid, he defired to afli any man
that then heard him, or any Commoner of-
England, who would but take time to con-
fider this cale, (which may be any man's,
in England) Whether they would be con-
tented to inveft the Lords with fuch an in--
herent power over their liberties, which
they can no more be exempted from than
the Peers themfelves .''
' And he faid. That the Lords had al-.-
ready made it appear, that they would not
have any fuch arbitrary power placed in
them, for that they had refufed to pafs a
favourite aft (which was for their own tri-
als) only by reafon of a claufe which was
inferted therein, " To have enafted the
fubftance of this prefent order into a law.

And he faid. That the Houfe of Com-
mons defiring that fuch a power might
have been enafted into a lav/, (tho' them-
felves would have been the firft who would
have repented fuch a law) did fufficiently-
denote, " That the Commons did not think
the order would be binding in law after
their diliolution ;" for otherwife v/hat need
was theie of a law. if the order was in
force after diflblution, without a law.

Upon the whole he faid, 1 le thought the
diftemper of that time had given more
weight to the order, than any thing clfe -,
and fome of their Lordfhips on that Bench
did know, both in what an. heat it had been
made, and how it had been.fince blown
upon by the Lords themielves; who he
was confident would no mere endure to
have it conftrued in that fenie which now
feetns t.o be put upon, it, (of lubjcfting
men to Le under Indefinite Imprilonmen;}
than they will endure .themfelvcs.io be everv
day put in the (locks.

As he had faid thus much to the order
itfcif, fohe laid, he hoped. to make- appear

'^Tha::

344

A COLLECTION of TRIALS.

" That the Court's bailing of him would
not a: all intrench upon the order, nor
meddle with the jurifdiftion of the Lords,
nor their proceedings in any kind,"

For that he took it for granted, that
what is done by that Court, and the Courts
of Chancery and Exchequer, on appeals
and writs of error, was underftood not to
meddle at all with the jurifdiftion nor pro-
ceedings of the Lords in thole cafes; and
" that this was juft the fame, all being a-
like fubje(5l to the final determination of
the Lords, whenever they pleafed to call
the appeal, writ of error, or impeachment,
before them, and without any prejudice to
their Lordfhips proceedings by any of ihofe
a(51:s done by that or the other Courts in the
-interval of Parliaments."'

Befides, he faid. It had been ufual to
bail in that Court to the jufiice feat in
Lyre, and yet that that Court could not
proceed further.

He inftanced alio. That Courts allow-
ing of the pardons of Peers, (when plead-
ed there) and yet that they had no power
to proceed to the trial of a Peer.

And I'o he laid. There were divers other
inftances of that Court's proceeding to
fuch and fuch degrees of exercifing their
power to avoid delays, &c. where the
Court had no jurifdidtion to determine the
matter.

Precedents he faid were not to be expeft-
ed, which were exaflly fitted to his cale,
becaufe he durft be bold to fay, there ne-
ver was fuch a cale before, (when well
confidered in all its circumftances) nor he
hoped never would be again : But he faid,
That therefore both the King's power and
the people's liberties would be the more
concerned in what refolution fliould be given
by the Court in this cafe of his.

He faid. There were precedents of dif-
charging of men impeached in Parliament
upon the King's writ to that Court, com-
manding the proceedings to ceafe, and they

have been difcharged accordingly by that
Court, without any other realon given in
the wrii, but becaule the King held the
parties to be innocent and free from the
crimes charged againll them. As in th&
cafes of Melton, Archbifhop of York, and
Gravefend Bifhop of London, 7 E. 3.

He mentioned alio Hugh Spencer, and
Sir 'I homas Berkley's being mainprifed to
Parliament, and yet that the latter was upon
fufpicion for the murder of a King, (viz.)
Edward the Second.

He faid, inferior Courts had bailed to
Parliament about the Pope's Bull, &c.
Reg. Writs, 274,

He faid, A fingle Judge, viz. Sir Ro-
bert Atkins, had lately bailed one for trea-
Ibn, and another for murder; and that he
did himfelf hear his juftification of both
allowed (as to the legal part) before the
King and Council.

He faid. That Kings had formerly a-
boliflied accufations of treafon, and in-
ftanced a cafe of Talbot againft Ormond
in the the time of H. VI.

And to (hew how powerful the bare in-
tention of Kings to pardon had been here-
tofore, he inftanced the cafe of a man in-
dided of felony, who (without any Coun-
cil) fhewed forth a charter of pardon to
the court which was difcordant to the in-
didtment, and alio to his name ; and yet be-
caufe the Court perceived that it was the
King's intention he fhould be pardoned,
he was remanded to get a better pardon,
26 AIT. p. 46.

And he did thereupon fay. That he
hoped the King's intention of pardon as to
him, had been fufficiently declared to the
whole kingdom.

And in (hort, he faid. That if the mat-
ter was proper for the jurifdidion of that
Court, before it was in Parliament ; its
having been there, did not take away the
jurildiclion from a competent Court, when
the extraordinary jurifdidtion faifs : '^hich
was not to be fuppoled could lay all

other

A COL LECTIO

other jurii'diiftions aflcep, when itklf was
not in being -, and cipecially when that
connpetent court nioulddo nothing in con-
tradiclion to the proceedings of the ex tia-

• ordinary court, as he hoped he had made

• appear, that that court would not do by the
bailinc; or him.

Whereas on the contrary, he laid it was
mcft evident, that " jufticedid fail in the

higheft concern," (which is that of men's
liberties) unlefs he could be inform'd when
and where he might cei tainly be either tried
or difcharged ; for that (as Jie had faid be-
fore) it was agreed both by the council for
the King, and the council for theprifoners,
in the arguments on the grand Habeas Cor-
fv.s^ that indefinite imprifonment was held
to be perpetual imprifonment, " which the
law did admit in no cafe where the impri-
fonment was only ad cujiodiam." And al-
though his had been intended but ad cujio-
diam^ yet it could not be denied, but " it
had already been ad gravem panam, and
without any particular caufeyetihewed for
which he ought not to be bailed by law."

He then faid, that Littleton bad declared
in his arguments, 5 Car. That if treafon
■in general be held to be a fufficient return;,
yet that the King's-bench might bail : And
•thcfaid Littleton, and the Kmg's Attorney,
in their arguments (one tor the King, and
•the other for Mr. Selden) did agree, " that
where the party could not avoid the judg-
ment of the law, nor that there was no dan-
ger by his being at liberty, he ought to
be bailed after long imprifonment ;" and
at that time, fix months was taken to be
long imprifonment.

He faid he had read a pafilige in the
Lord Coke's inftitutes, where he fpoke of
Inch imprifonments as he compared to the
imprifonment of St. Paul, by the Centurion,
who firfi: put him in chains, and then en-
quired who he was, and what he had done.

He faid he would not compare his cafe
to that •, but that there was fo much of re-

VoL. \. No. I 5.

N o F T R I A L S. 345

femblance in it, that he had been in chains.

againft

or what was there meant by chains (which
was a prifon) for above three years, on a
pretence of treafon, without being told to
that day what kind of treafon he had com-
mitted ; which had been done in nobody's
cafe but his, and by fo much the greater
was his hardlhip.

He had alfo both been accufed and com-
mitted without any oath made
him.

When a day had been appointed for his
hearing, his council had been forbid to
plead matter of law for him.

It had been acknowledged, that there
was no treafon contained in any of the ar-
ticles againft him, if they were all true.

And if they iiad been true, and had
amounted to treafon, he had there fliewed
the King's pardon, which did releafe both
the crimes and the imprifonment.

That befides that pardon, he had had
his Majefty's declaration in full Parlia-
ment, both of his innocence, and that he
would grant him his pardon ten times over
if this were defective.

That he had now had his Majefty's con-
fent to his bail, a fecond time, declared to
that court by the Attorney-General, by the
King's direction.

That in all thefe foregoing particulars,
his cafe was fingular, and difierent from all
others, who are or have been made prifo-
ners fince the beginning of the late plot,
or (as he believed) at any other time.

Befides thefe things, which are peculiar
to his own cafe, he faid that there was alfo
what was common to other cafes as well as
his.

The length of his imprifonment, which
had been above 40 months.

The being confined fo long under pre-
tence (as he conceived) of an order of the
Houfe of Lords, " which neither diredts
nor implies any thing to forbid bail." But
in that alfo he had what was particular to
T t 1 1 himfelf)

346 A C O L I

himfelf) which he had already laid, and de-
fired leave to repeat, becaufe it would de-
krve their confidcration,j viz. " That he
was at liberty, and had leave to be a fitting
member in the Houfe of Lords, at the time
v^hen that order did declare that the im
peachments , appeals, &c. and the incidents
belonging to t'aem {hould Rand mjlatu quo ;
fo that (as is already obferved) ihe Jiatus
quo (&s to him) he again faid, was to put
him into a ftate of liberty."

Lafily, he laid. That he had no prof-
pedt now when any Parliament would fit,
and by the examples of paft Parliaments he
might realonably fear, whether, when they
did meet, they might fit fo long as to give
him relief; for that his petition had been
read the firft day that the laft Parliament
entered upon any public bufinefs -, or whe-
ther greater bufinefs of the kingdom might
not (as it had done already) lb take up their
time, as not to give them leifure to confi-
der the cafe of a fingle perfon : And fince
this had already fallen out to be his misfor-
tune in three Parliaments fucceffively, he
took it to be but too plain " a demonfira-

ECTION OF TRIALS.

He faid. He was a very reafonable man,
and v^hen he was convinced by reafon (up-
on which he was furc all laws were founaed)
he could be content to fuffer ftill, though
his imprifonmcnt had been fo long already ;
for that however he may have been milre-
prefcnted for an arbitrary man, he would
rather perifli in his prifon, than have any
thina; done for him which the law would not
warrant ; but, on the other fide, he (hould
be lorry, that his cafe fhould be matle a pre-
cedent ag.unfl: law, and againfl Englifli li-
berty, which he was fure it would be, if he
fiiould be continued to lye " under an in-
definite imprifonment without being bail-
ed •," and he faid he was not alhamed to
fay, in the behalf of all Enghniiren's liber-
ties, as well as of his own cafe -, that it was
a cafe which did concern every man to take
care of in the confequenccs of it, and which
did cry loudly for reliel".

He then told the court. That he had
troubled them long, but that he hoped it
would beexcufcd in a cafe otthat moment :
And in the firlt place he faid, he hoped it
was plain, that that court had it in their

tion of his lying under an indefinite im- \ power to grant him relief if they pleafed.

prifonment, unlefs he fliould find relief in
that court, " for that there was no other to
appeal unto."

He faid. That in thofe great and emi-
nent cafes which fell out 3 & 5 Car. about
the bailing of perfons committed to inde-
finite imprifonment, the Judges were then
very pofitive againfl; their bail, and yet
changed thofe opinions afterwards ; and fo
he hoped that court might do upon a due
confideration of his cafe and circumfiances:
or elfe he hoped that his Lordfhip would
convince him, " that his imprifonment was
indefinite," by letting him know at what
prefixed time, and where he might relbrt
for remedy, which the law does, without
quefliion, allow to all men, and at all
wmes.

Tiiat it was as plain, that there was no-
thingin the Lords order againlt it, and that
the praclice of the Lords had been otlier-
wifc, even in the behalf of Commoners.

That it was apparent, that both that
court and the courts of Chancery and Ex-.
chequer, " do relieve upon appeals and
writs of error, which are in the lame order
with the impeachments, and yet do in no
fort meddle with the judicatere or proceed-
ings of the Houfe of Lords.

That it was manifeft, that let the order
be conftrued as any man pleafes, yet that
bailing could be no fort of judging of any
proceedings in the Superior Court, " but ;
would leave the judgment entirely to the
Parliament, and would continue him a pri-
foner in law," bound to appear before that
extraordinary court, whenever his Majetly

ihmkl...

A COLLECTION of TRIALS. 347

faid, he doth believe, he coviW have the ma-

lliould be pleafed to call it ; and he faid, it was
more evident, that otherwife he was an in-
definite priloner, and at the King's will only
for his liberty, the confequenccs of which
every man ought to lay to his heart, with a
dread of it, whenever they (hould live under
a Prince that might not be fo merciful as
our prefent King •, and he hoped the court
would duly confiderit.

Befides all this, he faid. He durfl: cofi-
fidcntly affirm, " that there was not a pre-
cedent fince the conqueft, of any man's be-
ing refufed bail under fuch circumitances
as his were." Whereas he faid, the de-
taining of men under long imprifonment,
ought either to have *' exprefs law for it,
or a good number of precedent?, and in
good times to jurtify it," and not any (ingle
inftance or two (if they could be produced)
which he thought they could not.

And he hoped that precedent which he
had already mentioned on his Majefty's
behalf, would bevery well confidered, which
was, how the King's court fliould keep the
Kino's prifoner, and at the King's fuit, in
the King's prifon, with the King's pardon,
and againif the King's will, twice declared
in that court by his Attorney General.

He faid, helhould conclude with letting
his Lordfhip know, that as the King him-
felf had fufficiently declared that there was
no danger in the letting him have his
liberty, fo he had fuch bail to offer to his
Lordihip as would fufficiently fatisfy the
world, that he fhould be forthcoming to
anlwer v/iien and where that court fhould
appoint ; and then, he hoped, the two
chief grounds for detenfion in a prifon
(yiz. The danger of a man's having his li-
brrty, and the danger of his not appearing
to abide his trial) would be fully anfwered.

And ii'it might not feem too great a va-
nity to fay (although the true reafons does
take away the vanity of it, becaufe it would
not be for his, but for their own fakes, as
what may happen to be their own cafes) he

jor part of the Houfe of Lords to be his bail
in this cafe, and Ibme of thofe very Lords
who were foi the making of this order, al-
though not in tliat fciife which would leem
to be put upon it. [nfomuch that there
would be nc more ro fear in the grantin^r
him bail, than, he hoped, there was either
reafon or juftice to deny it. And he doubt-
ed not, but he was there before very juft
judges, who woull duly confidcr what he
had fa'd.

The Lord Chief Juftice then fpeaking, ■
did fay, That the Earl of Danby had feem-
ed to reflect upon the court, as if they had
denied him iuftice in not hearing his coun-
cil.

Then the Earl of Danby defired leave
to interrupt his Lordfhip, faying, That his
Lordfhip had miftaken him, for that he
had faid no fuch thing of that court, nor
did he mean of that court ; but faid, It was
very well known, that his council had been
forbid to plead for him in another place ;
which was tlien acknowledged by Juftice
Jones to be very true.

The Lord Chief Juftice then proceeded,
and faid. That for his Lordfhip's faying
they needed not to fear, becaufe, he did
believe, the greatcft part of the Lords would
be his bail ; That it was not the fear of ano-
ther court that had any kind of influence
upon them, or that they fhould do fucli '
things as they feared to be called to an ac-
count for •, but that they were to govern
themfelves by the doing of juftice.

That they had heard his Lordfhip with a
great deal of patience ; and that he iiad faid
many material things, and with much ac-
cutenefs -, and that they were not fenlelefs
of the hardfhip of his Lordfhip's cafe, and
of the greatnels of his fufterings.

That they were likewiie ienfibk of the
King's defires, that his Lordfliip lliduld
have no longer imprifonment than the law
requires. And he confcifcd, " That the

Ktflg:

C O L L E C T I N of TRIAL S.

had done as much aa lav in his had been taken therein, and had delivered

their opinions, that he could not be bailed :
And that the truth was, jiis Lordfhip was
impriibned by tooliigh a court for tliem to
bail him -, tor that his Lordlliip was not in-
definitely iaipriibned, as he had ailedged :
" For whenever his Majefty is plealed to
;;i;nft him about Sir Edmund-bury God- 1 call a Parliament, his Lordfhip would have

34«

KinL
..pjwer.''

That it was not denied, becaule that
court could not bail for treaibn ; "for
.that they had a power to bail in all cafes
-wdiailbiver," if the court faw caufe. Nei-
ther would the indictment which was found

-frcy have hindred ; " nor was it the order
of the Houfe of Lords which hindred

•them ;" but that they were to ail there ac-
cording to lav/ •, and he prayed his Lord-
fliip to confider that they could no: relieve

.him according to law.

That he did agree to fome things men-

-tioned by his Lordfhip ; and that it was a
very hard cafe he fiiould lie fo long in pri-

■fon : But here was the mifery, they could
only compaffionate himj for that his Lord-

■ihip was imprifoned by an higher hand,
and where they had no power to inter-
meddle.

He inftanced in indiftments for treafons,
and feveral other great crimes, in which
they could bail men ; but in this cafe, " the
luprcmcjurifdiftion of the nation had laid
their hands upon it, which was attended by
the Houfe of Commons with an impeach-
ment."

Whether their Lordfhips had caufe, or
not caufe, to commit his Lordlbip, they
could not infpect ; but that tliey ought to
believe that his Lordlbip was juftly com-
mitted ; and that their Lordflups, in their
mature deliberation, would do nothing un-
juftly.

He faid, That they had a jurifdiftion
over all the courts in the kingdom, (that
only excepted.) " And as it would be very
incongruous for an inferior court to bail
whom they had committed, or to call their
procefles in queftion ; fo would it be in
like manner for them to do in this cafe,"
becaufe the Lords exceed their jurifdiclion,
and were above them. He faid alfo, That

.die opinion of all the Judges in England

remedy.

" That the King has pov/er to do it
when he pleafes," and, for his people's
good, no doubt he will, when he fees fit :
tiut at fome time the circumftances of ftatc
differ from other times ; and that it may
not for fome fpace of time be thought con-
venient •, and though this may prove mif-
chievous to a fingle perfon, or to two or
three perfons, yet fuch things muft be en-
dured for the good of the public. He faid
alfo, " That if that court Ihould commit a
man for high treafon, and the King fliould
adjourn them from time to time, that man
could not be bailed until they fat acrain:"
So that he muft confefs, (as his Loaiihip
had laid) that as this caie did happen, he was
under a " temporary indefinite imprifon-
ment."

He concluded, with telling his Lord-
fhip, " I hat he mull be contented to wait
the King's pleafure when he would call a
Parliament.

'I'har, tor his part, he was before of opi-
nion, that they could not bail his Lord-
fliip, and he was fo ftill.

1 he Earl of Danby to all this anfwered,
,that he muft confefs, his ears did tingle to
hear his Lordfliip fay, " That the King
had done as much as lay in his jjower,"
when his Majefty is bound both by his co-
ronation oath, and by the lav/s, to fee right
done at all times to his fubjeds ; and he
defired to know, " Whether this was not
the King's court, and whether he had not
depuu'd a power to them to fee right done
to ail accordingly ?"

He laid alfo. That he was now under
greater amazement than before ; fince his

Lordfliip

A COLLECTION of TRIALS.

I^ordfliip had both granted, " That this
court could bail any treaibn, and that the
order of the Houfe of Lords did not hinder
it ; which, till now, he ronteficd, he had
taken to be the only obflrudtion to his
liberty.

That he had hoped, he had fatisfied his
Lordfnip, that although he was imprifoned
by an higher hand, yet " that the bailing
of him did not intermeddle with the jurif-
diftion of that higher judicature," and he
had yet heard nothing to fhew him that it
did.

That for what his Lorddiip had faid of
the opinion of all the Judges in England,
being taken in his cafe, he muft needs
inform his Lordfliip, That that was a
miftake ; for that the opinion of tiie Judges
had never been afked in this p2<-ticular
cafe, faving once, upon petitioning the
King for liberty to go to his country houle
at Wimbledon, with a guard, or otherwife,
as his Majefty Ihould think fit; which
petition was referred by his Majerty to the
Judges : And they (according to their
wonted prudence and caution) did only
report, That they thought his Majefty
could not legally grant the petitioner's
requeft.

That whereas his Lordfhip faid. That
he was " not indefinitely imprifoned, for
that whenever his Majefty is pleaied to call
a Parliament, he will have remedy ; and
that he muft be content to await the
King's pleafure when he will call a Par-
liament-," he took thofe to be fuller argu-
ments, than any himfelf had made, to
prove, " That his imprifonment was inde-
finite, and at the King's pleafure ; fo that
he was now more fully confirmed than ever
to be of that opinion, and wifhed that every
man, that heard that doftrine given for
law, might fully confider the confequences
of it."

He faid further. That his Lordftiip had
miftaken him, in thinking that he had faid

Vol. I. No. 13.

549-

he was under a " temporary indefinite im-
prifonment ;" for that he had faid he was
under an " abfolute indefinite imprifon-
ment : And that his Lordfliip had rather
proved him to be fo, than fhewed any thing
to the contrary, nor did he know what
" temporary indefinite" did mean.

The Lord Chief Juftice then faid. That
he was nor n Judge at that time when the
Judges opinions were afl-ced ; but defired
his brother Jones to relate how it was.

Mr. Juftice Jones then faid. That he re-
membered the cafe had been put to the
Judges, Whether the Lords in the Tov/er
might be bailed, and that it was then the
opinion of the Judges that they might not :
But he faid, he did think the Earl of
Danby was not particularly concerned in the
queftion at that time, but that it related to
the Popifli Lords only, and that there was
much difference betwixt his Lordfhip's cale
and theirs •, befides, he did think, that was
at a time when there was a day appointed
for the meeting of a Parliament.

The Earl of Danby then faid. That the
queftion which wis put at that time to the
Judges, about the Popifh Lords, did not
concern his cafe at all ; for that it differed
from theirs in very many particulars, which
he had already mentioned, viz. Of no oath
againft him ; No fpecial treafon alledged,
&c. v/hich he was loth to trouble them
with repealing again •, but he fuppofed,
that the then opinion of the Judges ouo^hc
not to be made any argument againft
him.

He faid alfo. That the Lord Chief
Juftice had argued very ftrongly for him ;
for that it was true, " That the King might
call a Parliament when he pleafed ; but if
therefore a man muft ft.iy in prifon till tlie
King did pleafe to do fo, he may (by that
very argument) lie there all his life-time,
if the King pleafes •," which confirms what
he had been a great part of this time
labowring to prove : And he laid, he muft
U u u u confefs.

350 A C O L

confefs, he did expeft to have heard ftronger
and more powerful arguments to liave con-
vinced him, that he was in the wrong in what
he had faid ; but that now lie was more en-
couraged than before, not to give over a
caufe which did fo much concern every man
in England.

The Lo'd Chief Juftice then faid, That
his Lordfhip was miftaken in believing that
that court did keep him in prifon ; for that
he was not kept in prilbn by them, but by
a fuperior court, which was too big for them
to meddle with, or to examine what they
did.

To this his Lordfhip anfwered, That he
had wrong done him, which muft be done
by {omebody, and that it was a maxim of
the law, *' That the King could do no man
wrong," (being advifed by his courts)-, be-
fides, that his Majcfty had twice (liewed
his confent in tha: court to have him bailed.
Neither could he fay, that the Lords did
him wrong, becaufe there v^as nothing in
their order to hinder his being bailed, (be-
fides their own pradice to the contrary)-,
and it feemed how to be faid, that it was
by the lav/, and not by the order, that he
was kept a prifoner. He faid, he would
no: fay, that that court did keep him a pri-
foner, but by fome body he was hire he
was kept prifoner ; but perhaps it might be
by the ftars, fince he could not find who it
was upon earth that did it.

He concluded, that if he were legally
imprifoned, yet by A'lagna Charta and the
" Petition of Right, &c. it was impoffible
for an Englifliman to be v/ithout fome
certain profpeft of relief in a rcafjnable
time, they being to have juftice done
then) by the law at all times, and without
delay; and that he was now in the King's
proper court for juftice; v/hereiore as his
L.oidlhip had given his own opinion, fo he
did define that every Judge would be pleafed
to deliver theirs feverally.

Then Mr. Juftice Jones faid. That he
was not ready to give any prefcnt opinion.

LECTION OF TRIALS.

there having been fo much, and fome things
fo materially faid by his Lordfhip :" But
that for his better fatisfattion, he did dcfire
to afl< his Lordfhip a queftion, in a point
which did much ftick with him, and would
go a great way in guiding his judgment;
and he was confident that his Lordfliip was
as able to give him an anfwer to it, as any
man ; which was this. His Lordlhip (he
faid) had been charged with a trsalon by
an impeachment, and had pleaded a pardon
to the impeachment before the Lords -,
" He i'aid he took that plea to be a tacit
confefllon of guilt in law, (though the party
were never fo innocent) and then it had
been *' a tacit pleading of guilty ; inlbmuch
that he did believe, there could be no ad-
mittance of any fecond plea ; and if fo, he
did confefs, he did not fee how that court
could then have any thing to do with his
Lordfliip in that cafe ; but it was w.hat he
had not wcil confidered (though at prcfent
he took the law to be fo) and he did dehre
to hear what his Lordfnip did fay, to that ?
His Lordfhip anfwered. That he gave

him

great

thanks for

letting him clear any

objedtions, and giving him liberty to anfwer
them as well as he could. That this indeed
was a queftion of law, which he was but.
little verfed in, but that he was at preient
able to fay. That he had read the opinions
of fome great men of the law, to be other-
wife ; and inftanced what the Lord Coke
had laid upon the cafeof Gravefend, Eilhop
of London, 7 E. 3. who did get a writ of
dilcharge to the King's-Bench, and did not
take a pardon ; upon vviiich he obfervcd the
faid Lord Coke to have faid, "I hat it may
be he thought that the taking of a pardon
would have implied a confeflion of the fault,
and therefore went a new way; but that
was a miftake, for that no man that is wife
and well-advifed, will refufe God and tha
King's pardon, how often foever he may
have it ; for there is no man but offendeth

God;

A COLLECTIO

God and the King almofl: every day, and
the pardon is the fafeft and fureft way."

And chough at prelent, he (aid, he was
not provided of precedents in the cafe, yet
he remembered there was a cafe of a coiner
tried at Durham upon a pardon, where the
pardon proved defedive, and yet he was
allowed to plead over.

And he told them, ,That the fame
quellion had been moved in the Houfe of
Lords upon his own cafe, where divers
Lords had declared themfelves, " That
they hoped it fhoiild never pafs for law
amongft them, that a man fliould not have
one plea for his life ; and gave for reafon,
that if a pardon was pleaded, and not ad-
mitted to be good, then the prifoner had
depended upon what he thought had been
a good plea, but was adjudged by the
court not to be fo, and then if he fliould not
be admitted to plead over, it would be to
enfnare a man's life-, without giving him
any plea at all for it." And he concluded,
faying. He thought that this queftion was
rather going into the merits of his caufe,
than to what he only demanded, which was
but bail.

Mr. J u (lice Dolben then faid, he muft
acknowledge there was a vad difference be-
twixt his Lordfliip's cafe, and the cafe of
the Popifli Lords in the Tower, in many
material particulars, which his Lordfliip
had nienrioned ; " and he muftconfefs that
he thought it one of the hardeft cafes in
England." He faid alfo, that lie could
not but differ from what his broth'.r Jones
had faid, as to the not having liberty to
plead over ; for that he was oi opinion his
Lordfliip ought not to be. debarred from
having a fecond plea, if the pardon fhould
be over-ruled ; and (if I did not mifrake
him) he cited the inftance of one Hetley's
ca'e (or kich a name) and he faid, that his
Lordfliip had faid fo many things of great
confequcnce, that he thouglit it dd very
well .defcrve further confide ra tion -, but if

N o F T R I A L S. 351

he fhould be put to give any prcfent an-
fwer, he muft then fay (as my Lord Chief
Juftice had done) that he thought they
could not bail his Lordlhip ; but he
thought it might well deferve further cou-
fideration.

Mr. J uftice Raymond then faid, That
his Lordfhip's cafe had fo many weighty
circumftances in it, as ought to make it to
be very well confidered, before any opinion
could be delivered in it. That for what
had been faid by his brother Jones, about
the pleading over or nor, he thought that
did not properly lie before them in that
place ; that his Lordfhip had " faid fome
things, to which he thought full anfwcrs
might be given ;" but that he had alio
faid " fome things, to which he thought it
would not be fo eafy to anfwer." That for
his part, he thought it was a cafe which
might well deferve the confideration of
more of the Judges, betwixt this and the
next term ; and that he muft acknowledge
he muft further confider it, before he would
prefunie to give any opinion at all upon
It.

A council at the bar then moved, That
a rule of court might be made to bring his
LordQiip thither again, the firft day of the
next term.

The Lord Chief Juftice feemed dif-
pleafed with the forwardnefs of that coun-
cil ; and the Earl of Danby excufed ir,
frying. It was not moved by his deiire or
direcftions ; but faid, That was all alike to
him, whether there were any rule of court
or no; for that they were like to be trou-
bled with him agam, and that he fliould.
not eafily give over a caufe, wherem he
took the liberty of the fubjeift in general to
be as deeply concerned as himlelf, and
wherein he had found fo little to be {<i[&.
againft him, that he did believe he (hould
be as troubltfome to them as ever Jud^^e
Jenkins had been heretofore in the defence
of Englillilibcrty.
i Tl.t^.

352 A COLLECTION of TRIALS.

The Lord Chief Juftice then (landing |of the Tower's officer, told him, he muil:
vip, faid, My Lord, your Lordfhip muftltakc back his pvitbncr.
tor the prefent be content to be re- And then the Lord Chief Juftice imme-
nianded ; and fpeaking to the Lieutenant ' diately left the court.

The Trial of the Lord C O N W A L L I S.

FTER my Lord High Steward was
afcended to the high chair of (late,
and fate down therein, the commillion was
■ delivered by the Cleric of tlie Crown in the
Cliancery, to my Lord, on his knees, who
delivered it to Sir Thomas Fanfhaw, Clerk
ot the Crown in the King's-Bench Office,
and he received it kneeling.

Then proclamation was made by the
Serjeant at Arms, who was Crier for the
day.

Serjeant. O yes! O yes! O yes! My
Lord High Steward of England ftriftly
chnrgeth and commandeth all manner of
perlbns here preient, upon pain of im
pnfonment, to keep filence and give ear to
his Majefty's commifTion, to my Lord
High Steward of England, to his Grace
direfted.

The Clerk of the Crown with his face to
my Lord High Steward, reads it thus :

Ckrk of the Crown. Charles Rex Ccrolus
Secundiis, &c.

All which time my Lord and the Peers
flood up bare.

Serjeant. God fave the King.

CI. of Cr. Make proclamation.

Serjeant. O yes I The King at Arms,
and the Ulher of the Black Rod on their
knees deliver the white (laff to my Lord,
who re-dtlivered it to the U(her of the
Black Rod, who held it up all the time
■before him.

[ CI. of Cr. Make proclamation.

Serjeant. O yes ! My Lord High Stew-
ard of Elngland ftriftly chargeth and com-
mandeth all Juttices and Comminioners,
and all and every perfon and perions to
whom any writ or precept have been di-
refted for the certifying of any indiftment,
or of any other record before my Lord
High Steward of England, toceitifyand
bring the fame immediately, accordinor to
the tenor of the faid writs and precepts
unto them, or any of them directed, on
pain and peril as (hall fall thereon.

The Lord Chief Juflice of the King's-
Bench returned his Certiorari, and the
record of the indiftment by the Grand Jury
of Middlefex, which was read by the Clerk
of the Crown, in b<ec verba.

CI. of Cr. Virtute, &c.

L, H. Stew. Call the Conftable of the
Tower to return his- precept and his pri-
foner.

CI. of Cr. Make proclamation.

Serjeant. O yes ' Conftable of the Tower
of London, return the precept to tiiee di-
redted, and bring forth the prifoner Charles
Lord Conwallis, on pain and peril as will
fall thereon.

The Lord Lieutenant of the Tower
brought in the prifoner on his left hand,
with the axe before him, born by the De-
puty Lieutenant, whicli he held with the

edge

A COLLECTION of TRIALS.

edge from him, and returned his precept
in hitc verba.

CI. of Cr. Virtute, &c,
L. H. St. Call the Serjeant at Arms to
return his precept.

CI. of Cr. Make proclamation.
Serjeant. O yes ! Roger Harfnet, Efq.
Serjeant at Arms to our Sovereign Lord the
King, return the precept to thee diredled,
with the names of all the Lords and Noble-
men of" this realm, Peers of Charles Lord
Conwallis, by thee fummoned, to be heard
this day, on pain and peril as will fall
thereon.

He delivered his precept returned vvith a
Ithedule annexed thus-,

CI. of Cr. Fir/utc, &c. Make procla-
mation.

Serjeant. O yes ! All Marquiffes, Earls,
Vifcounts, and Barons of this realm of
England, Peers of Charles Lord Conwallis,
which by commandment of the Lord High
Steward of England, are fummoned to
appear this day, and to be prefent in court,
and to anfvver to your names, as you are
called, every one upon pain and peril as
will fall thereon.

Then the panel was called over, the
number of Peers fummoned were thirty-five,
in order as foUoweth.

Thomas Earl of Danby, Lord High
Treafurer of England, &c.

All that appeared, anfwered to the call,
ftanding up bare.

Then my Lord High Steward made a
fpeech to the prifoner at the bar thus :

Lord High Steivard. My Lord Conwallis,
The violation of the King's peace, in the
chief fan'5luary of it, his own royal palace,
and in fo high a manner, as by the death
of one of his fubjei^s, is a matter that mull
be accounted for. And that it may be fo,
it hath pleafed the King to command this
high and honourable court to alTemble, in
order to a ftrict and impartial enquiry.

Vol. L No. 15.

1 he wifdom bf the law hath therefore
ftiled it the King's Peace, becaufe ir is his
authority that commands it, it is his juilice
that fecures ir, it is he on whom men do
rely for the fafety of their liberties, and
their lives ; in him they trufl: that a fevcre
account fiiall be taken of all the violences
and injuries that are offered to them, and
they that truft in the King can never be
deceived.

It is your LordOiip's great unhappinefs
at this time to fund prifoner at the bar,
under the weight of no lefs a charge than
an indictment of murder; and it is not to
be wondered at, if fo great a misfortune as
this be attended with fome kind of confufion
of face ; when a man fees himlelf become
a ipedacle of mifery in fo great a prefence,
and before fo noble, and fo illuftrious an af-
fembly : But be not yetdifmayed, my Lord,
for all this, lee not the fears and terrors of
juftice fo amaze and furprife you, fo as to
betray thofe fuccours that your reafon would
afford you, or to difarm you of thofe helps
which good difcretion may adminifter, and
which are now extremely neceffary.

It is indeed a dreadful thing to fall into
the hands of jullice, where the law is the
rule, and a fevere and inflexible mcafure
both of life and death. But yet it ought
to be fome comfort to your LordTnip, that
you are now to be tried by my Lords your
Peers, and that now you f;e the fcales of
jullice are held by fuch noble hands, you
may be confident they will put into them
all the grains of allowance, either juftice or
honour will bear.

Hearken therefore to your indiftment
with quietnefs and attention, obferve what
the witnelles fay againd you witJiout inter-
ruption ; and referve what you have to fay
for yourfclf, till it Ihall come to your turn
to make your defence, of which I Ihall be
fure to give you notice ; and when the
time comes, affure yourfclf you fhall be
X X X X beard,

354 A COLLECT

"card, not only with patience, but with
candor too.

And then what judgment foever my
Lords will give yon, yourfelf will (and all
the v;orld) be force 1 to acknowledge the
juftice and equity of their judgment, and
the righteoufnefs of ail their Lordlhips pro-
ceedings.

Read t'le Indidlment.

CI. of Cr. Chaiies Lord Conwallis, Thou
ftandeft indided in the county of IViiddlefex,
by the name of, &c. How fayeft thou
Charles Lord Conwallis, art thou guilty of
this felony and murder whereof thou ftand-
eft indided, or not guilty ?

Lcrd Conw. Not Guilty.

CI. of Cr, How wilt thou be tried ?

Ld Conw. By God and my Peers.

Then my Lord High Steward addrefled
himfelf to the Lords thus:

L. H. Stew. My Lords, your Lordlhips
have here a Member before you of your
noble body, expoled to the fhame of a
public arraignment, and (which to a man
of honour is much Icfs) to the hazard, both
of his life and eftate ; all that he hath and
ever hopes to have, his wealth, his fame,
his pofterity. All that is valuable to him
in this world entirely depends on your
Lordfhips judicature, who are now his
Peers, and on whom he doth freely put
himfelf.

My Lords, The privilege of this kind
of tryal and judicature is a part of the true
grcatnefs of the Englifh Nobility : It is an
cmirent and an illuftrious privilege. It is
a folid point of honour and dignity. It is
a pt'ivilege that no neighbour nation ever
had, and a piivikge this nation never was
without.

It not a privilege created by the great
charter, but conkft and acknowledged by
it. They look b\u a little v\ay that find
this in the fteps of the Norman conqueft,
for it is to be found even in the footfteps
of the Sa.xon monarchy, when Godwin, Earl
of Kent was tried by Earis and Barons.

ION OF TRIALS.

And it is no improbable conjeflure of
theirs, who do think the wifdom of this
conftitution was taken from that law a-
mongft the Romans, whereby it was made
unlawful for any man to lit upon a Sena-
tor, that was not himfelf of the fame or-
der ; a privilege, that (as learned civilians
tell us) continued with them during the
reign of many of the Roman Emperors.
Bur, my Lords, as this is a privilege as
ancient as rronarchy, fo we ha\e found by
many old experiences, that it cannot be
taken away without the diiTolution of that
government: Therefore this is one of thole
many tyes by which the intcrcft of the no-
bility, as well as their duty, have obliged
them to the fervice of the King.

In the exercife of this privilege at this
time; I know your Lordfliips will weigh
the fafb with all the circumflances, where-
by it is to receive its true and its proper
doom. Your Lordfhips are too juft, to let
pity make any abatement for the crime,
and too wife to let rhetoric make any im-
provement of it : This only will be necef-
iary to be obferved by all your Lordlliip?,
that the fouler the crime is, the clearer and
the plainer ought the proof of it to be.
There is no other good reafon can be given,
why the law refufeih to allow th.e pnfonrr
at the bar Council in matter of faft, v>hen
his life is conct-rned, but only this, be-
caufe the evidence by which he is con-
demned, ought to be fo very evident and
fo plain, that all the Council in the world
fliould not be able tp anfvver it : Upon this
ground it is, that the law hath truited your
Lordlhips with the trial of your fellow
Peers ; no truft can be more nobly lodged,
nor no judicature had ever more true fub-
miffion made to it : Therefore it would be
in me fome want ot relpeft to this augult
and noble aflemblv, (hould I go about to
put your Lorddiips in mind of your duty :
No doubc you will oblerve the evidence
carefully, weigh it diligently, and when

thaj

A COLLECTIO

that is done, it is impo/Tible but the judg-
ment you will give, muft be right and ho-
nourable, and worthy of lb wife and fo
great a body ; therefore I will not detain
your Lordfhips any longer, from hearing
the evidence chat is ready to be offered unto
you.

CL Cr. Make proclamation.

Seij. O yes ! if any will give evidence
for our Sovereign Lord the King, againfl:
Charles Lord Cornwalhs, prifoner at the
bar, let him conic forth, and he fhail be
heard •, for the prifoner ftands at the bar
upon his deliverance.

The indidment was again read to the
Peers.

Then Serjeant Maynard, the Serjeant at
Law, began thus :

May it pteafe your Grace, my Lord
Hioh Steward of bngland and this great
and noble AfTembly -, The prifoner at tl e
bar, Charles Lord Cornwalhs, ftandeth in-
difted of a great crime, that he together
■with Charles Gcrrard and Edward Bourne,
not having in his heart the fear of God,
but infl:gated by ihc fuggeftions of the
devil, the i8th of May lall, did felonioudy
and of his malice aforethought, aflaultone
Robert Ckrk in Whitehall, and that Mr.
Gerrard took him up in his arms, flung
him down, and broke his neck, of which
he inflantly died -, to this he hath pleaded
not £uiltv : It lies upon us who are council
for the King, in this cafe to profecute it,
and prove it to vou.

Sir William Jones, the King's Attorney-
General, then Ipake thus :

Mr. [Attorney Gen. May it pleafe your
Grace, my Lord High Steward of Eng-
land, and my Lords luir.moned tor the
trial of the prifoner at the bat. Tiiis noble
Lord Hands indiflcd for murder: an of-
fence, my Lord, which is the f;rft and
greateft that is forbidden by the fecond
table, and an offence of that nature, that
the law of God hath by a moft percniptory
fcntence condemned and decreed, that whofo |

by man fliall his

N OF T R I A

fhcddeth man's blood,
blood be fhed. Whether this noble Lord
be guilty of it, remains upon your L^rd-
fliips to try, and I fhall very (hortly ftate
the matter of faft, which we fhall prove,
and then let the evidence be offered to you.
We do not pretend, my Lords neither doth
the indiftment lay it, that this great offence
was committed by the hand of my Lord
Conwallis.

For I know your Lordlliips have ob-
fcrved the indiftmeni;, by which it is al-
ledged, that the hand of Mr. Gerrard did
the fadt : But, my Lords, if v.e fliall make
it out that my Lord Conwallis did concur
to this aft, and had in himfelf at that time
an intent to be a murtherer; then it will
be declared by his Grace my Lord High
Steward, and my Lords the Judges, that
though his hand did it not, yet he is equally
guilty as if it had.

Now, to make out the charge againlh
him, our evidence will be fhortly thus :

On the 1 8th of May laft, early in the
morning,, between the hours of one or tvvo;
came down two gentlemen with three toot-
men behind them, out of the gallery at
Whitehall, by the flairs that lead down to
the park : I call them two gentlemen, be-
caufe it was not then difcovered who they .
were, or of what quality ; but your Lord-
fliips will perceive, by the courfe of the
evidence, they were my Lord Conwallis
and Mr. Gerrard, coming down at that iin-
ic-afonable hour ; the firft quellion they
aflced the centinel (who watched at the foot
of the tlairs), was the hour of the night;
and from him had account that it was fo
much.

The prifoner and Mr. Gerrard were forne-
what difternpered with drink, and made ■
him a reply, that he lyed, with great o.;t;is
accompanying it. At that time they Jid
no more but go by him into the Park,
where, after they had continued by the
i'pace of an hour, back they returned to

the...

35-6

A COLLECTION of TRIALS.

the (lairs, and ti.e centinei demanding, ac-
■■ cording to his duty, vviio came there ? They
anfwered him in very oblcene and uncivil
Janguage, and threatened they would kill
the ceni;nei, who only did his duty in en-
quiring who came by him at that time of
night. And we fliall make it appear, they
were in a kind of contention among them-
frlves who Ihould kill him j for, as I am
informed (i know if it be not proved, your
J.ordfhips will oblerve it) one dehred,
" Pray let me kill him ;" and the other
defired, " Pray let me kill him •," and
threatened no lefs than to run him
through.

My Lords, the centinei being of a good
refoluiion, was not affrighted from his
place, but kept them off; and when they
fav/ they could not win upon the centinei
that way, one of them delivered away his
iaord, which he held in his hand not
drawn, and then was pleated to come to
t!ie centinei, and defircd to kifs him, and
iwore he would tlo that : but that the cen-
tinei did equally ref ufe ; and then they did
ufe the fame threatnings again, and fcemed
to be in a contention who fliould run him
through. IMy Lords, after fome time,
being now come to the top of the flairs,
and there flaying, it happened there came
to the flair-fooc two youths, and thefe
young men, were, it feems.^ go'^g ^^ bed
to their lodging, which was very near, and
did make it their requefl to the centinei
(one of them did) to call him up very early
the next morning, becaufe he was to goof
a mefl'.ige out of the town. My Lord
Conwallis and Mr. Gerrard remaining on
the top of the flair-c.ifc, being (as we laid)
in disorder (which is the ftrength of the
King's evidence, if proved) both of them
faid, before they went thence they would
kill fbme or other, which evidence will go
a great way to fliew the concern that noble
Lord the prilbner at the bar had in the
^bufinefs.

It happened as thefe boys were makiiig
their requefl to the centinei, my l-ord and
Mr. Gerrard took notice of it, and fcemed
to be concerned that they ihould command
the King's foldiers, and bid the centinei
fhoot him, who told them he conceived the
boy had done him no wrong in allcing a
civil kindnefs from him; they again called
to fhoot him, and they v\ould bare him
out; which he ftill reluR^d to do, finding
no reafon for it : then one of the two took
occafion to fwear a great oath, he would
kick his arfe to hel! ; to which tlic boy that
aflced the centinei made Ibme reply ; where-
in the word " arfe" V/as repealed : now
(whether they underflood it as .-^n inter-
rogation, " Why kick my arfe to hell .'"' as
he intended it; or in a worfe f.-nfe, " Kils
mv arfe") one of the gentk-mcn in a rage
came running down the flairs, and that boy
that in truth fpoke the word ran away, and
the other poor innocent boy, trufling in his
own innocency, remained there, until the
perfon came to him, and did on his knees
(in a manner) defire not to be miflaken, he
was not the perfon that ufed any ill words,
and cried oiit, " O my Lord it was not I,
indeed my Lord it was not I;" but fuch,
at that time, was the intemperance and
wrath of the perfon, who in fuch a fury
defcending the flairs, that (w hether with
the blow or the fall) the boy received his
death. We find by our information of the
evidence, that he who did the thing was,
in truth, Mr. Gerrard, who is not yet
taken ; but whether my Lord, the prifontr
at the bar, did not concur in it, and had
not an intention to kill fomebody, is the
queftion left for your Grace and thcle noble
Peers to decide .'' This is the nature of the
fa6l ; only I defire to obferve, that it is
true here was fome diflance between the
place where my L.ord Conwallis flood, and
the place where the boy was killed. Of
what confequence that may be, I leave to
your Grace's and thefe noble Lords con-

fideration :

A COLLECTIO

fideration : It was tliediftance of the ftairs,
but, I think, as every one knows, they are
not fo many, but vvliat is done below may
be eafily feen at the top.

We fliall now, without detaining your
Lordfhips any longer, call the witnefles,
and prove what hath been opened : The
foldier proved tiie faft, as it was opened
by Mr, Attorney General, except that part
about both iwearing they would kill one
or other, which paflage was heard but by
one of them, and was fpoken but by one of
the gentlemen.

'1 hey could not fwear, who were the per-
fons, becaufe of the darknels of the time.

The boy that was the companion of him
that was ilain, and that ufed the words that
caufed the perfon to come down, fwore
them to be a repetition only, by way of in-
terrogation, " why kick my arfe to hell ?"

Then Mr. Attorney defired to call my
Lord Conwallis's ov/n two footmen, who
had been indidled and acqittedat theKing's-
bench-bar.

Lord High Steward. My Lords the
Judges, is there any queftion, whether a
perfon acquitted ot an offence be a good
witnefs againft another charged with the
fame offence ;"

Judges. None at all ; when he is acquit-
ted he ought to be admitted.

Then the copy of the acquittal (proved
by a clerk in the crown office) was read,
and then were fworn •, who fixed it upon
the perlbn of Mr. Gerrard, and fwore that
my Lord Conwallis was all the while upon
the top of the flairs, but after the faft com-
mitted, hafted away for fearof being knock-
ed down by the Ibldiers : And there ended
the King's evidence.

L. H. S(. Now, my Lord, is the time
come for your defence. You hear what is
charg'd on you, Pray fpeak what you liave
to fay for yourfclf

Lord Conwallis. l^hen the prifoner at the
bar confefTed himfelf to have been in the

Vol. I. No. 16.

N OF TRIALS.

\S7

'company that night when this accident
happened, which he hoped would be a
warning to him to fhun fuch diforders here-
after, but that he had no evil intention, and
but one witnefs fwore that both of them
would have killed the centinel, that he was
not confcious to himfelf to have had a hand
in it, and therefore withdrew not himfelf,
but yielded himlelf to the coroner the next
day, (v/hich he proved by the coroner him-
felf) and did therefore, in trufl. of his inno-
cency, fubmit himfelf to the judgment of
his Grace and his Peers.

"Which being done, Sir Francis Winning-
ton, the King's Sollicitor General, fummed
up the evidence in this manner :

May it pleafe your Grace, my Lord
High Steward of England, and my noble
Lords the Peers of the prifoner at the bar.
According to the duty of my place I am to
repeat the King's evidence, and flate it to
your Grace and thefe noble Lords, and
fubmit it to your great judgments, how far
it will go for the proof of this crime -,
wherein I fhall obferve the duty of all ho-
neft men, which is to do nothing either to
wrefl any thing in difadvantage of the pri-
foner out of the King's evidence, to go far-
ther than it ought ; nor fhall omit any
thing that fhall require your Grace and the
noble Lords juflice ; for we come to feek
out the truth, and we queflion not but by
this honourable trial it will be brought to
light. But I befeech your favour, to take
notice, in the firff place, what crime this
noble Lord ftands accufed of, and it is for
murder ; wherein our law takes notice,
that murder is where a man unlawfully kills
another under the King's peace, with ma-
lice forethought. Now that here is a mur-
der committed, I dare v/ith all humility
aver. By whom .'' That is the queftion :
For this Robert Clerk, the perfjn killed,
doth appear, by the courfe of the evidence,
to have been doing his duty, attending the
place his employment required j gave no
Y y y y ofFcnce

35?^ A C O L L E C T I

offence to any whatfoever, ; but when the
peiion came down and fell upion him, the
poor youth cried, " indeecfmy Lord, it v.'as
not I i" yet, my Lords, the hands of vio-
lence kized him and killed him. Letusthen
ice how the 'evidence brings it home to the
noble Lord the prifoner at the bar ; where-
in I muft confefs we have no exprefs evi-
dence (nay, we have evidence to ilie con-
trary) that it was not his hand that did the
fa6t adually, for it is by two witnefies •,
the footmen fwore that it was Mr. Gerard
who came down and gave the unfortunate
blow : But we have that which we think,
with humble fubmifllon, may reach this
noble Lord ; for I know your Grace and
my Lords remember, that after they had
been an hour in the park, both returning,
did with hoi rid oaths fvvearthey would kill
the centinel •, there the evidence fixeth it,
not upon one only, but upon both ; it was
at that tim-e fo dark they could not be dif-
tinguifhed, but by the voice : The centi-
nel hath given you an account how he per-
formed his duty, and in what ftraight he
was, he had much ado to fave his own life,
or to prevent killing them ; but when they
came upon the ftairs, thele two boys came
there in order to defire the centinel to call
one of them the next morning. Then one
on the ftairs (no man can tell v/ho it was)
with horrid execrations, afls.ed, " Will you
command the King's foldiers .'' Shoot him,
Centinel, we'll bear you out." But all this
while it wasdufk, no diftinftion of perfons
could be made ; whereupon it will fall out
to come to this cafe, Ifleveral perfons in-
tend to kill one, and happen to kill another,
whether this be not murder in them ? For
the urging of this, as to the matter in law,
I leave to him that comes after me. The
centinel fwearsone of them did fwear he
would kill one or other -, who it was took
up that cruel refolution, is left to you to
judge ; but at that time they were both
together upon the top of the flairs, and

ON OF TRIALS

my Lord doth not feem to give one title
of evidence, that fliews any endeavours of
the prifo.ner at tlie bar to prevent the otiicr,
or difaprove of his aftions: If he had given
an account of that, he had filenced juftice •,
but when they v/eie all together, he not
endeavouri;ig to ftop his hand, it is as much
in lav/, as if he had ftruck the ftroke.

The other foldiers give you a particular
account to the fame purpofe.

The two laft witnefies do bring it to the
perfon of my Lord, the prifoner at the bar,
and Mr. Gerrard, who, they fwore, came
down the flairs, and his man followed him
to the bottom, and there (laid at fome dif-
tance, till the fad; was done, and they all
fled.

This. I take to be the matter of faft
faithfully proved, before your Grace, and
tlie Lords the Peers ; and I would not
trouble your Grace longer, becaufe I would
not niifreport any thing, whereby I might
do wrong, either to the prifoner, or the
King's caufe ; and becaufe I know your
Grace and the noble Lords will diftinguifh
and find out where the truth is. I mull
fay it is a great comfort to all the fubjedls
of England that crimes of this nature are
lb carefully prefented, that whatfoever ho-
nours and dignities our gracious Sovereign
doth confer on any perfon, it doth not ex- '
empt him from the jultice of the law: It
is not only a comfort to this aflembly, but
to the whole nation, to fee the King tender
of his fubjefts perfons and lives, in that he
hath cauled this llridt courfe to be taken,
where the enquiry hath gone from the grand
jury of the county, till the bill came to this
great tribunal; where I doubtnot but your
Grace, and thefe noble Lords, will give a
righteous and juft judgment.

Then Serjeant Maynard concluded thus :•
May it pleafe your Grace, my Lord
High Steward of England, and my noble
Lords the Peers.

I, according

A COLLECIMON

I, according to the duty of my place,
come now to conclude, the charge on the
Kind's behalf 1 fume thino;s are fit to.be
oblervcd upon the evidence, that may pro-
duce a queftion for the decifion of the faft,
of what nature it is, that a murder is com-
mitted, is upon evidei;ce without all quef-
tion, and not only the death of a man ;
here is a child (lain, witliout any provoca-
tion in the v.'orld given by him, to that
peribn that did it ; and that did it too, not-
withftanding the deprecations of the boy,
affirming his own innocency, and that witii
asfullcircumftances as a Chriftian almofb

OF TRIALS.

;59

couk

thefe came from the Kina;'s

palace-walii in the park ; call the cencinel

fupplied the defeft of an exprefs malice ta
make it murder ; and he was hang'd there-
fore. So if a man aflauk a mafter in the
prefence of his fervanc, who defends his
inalfer, and is (lain, though the other had
no pu: pofe to kill hiai, yet it is felony in
him, for which he fnall die ; the law im-
plying a malice. Then here was clearly a
malice to the centinel ; how near it comes
to the boy will come in queftion afterwards.
I hnd the obie(fVion ■ made m my Lord's
cafe. That at the particular time wherein
the fad. was committed, my Lord was not
with Mr. Gerrard : But tliat will be no
objerlion in the cafe-, for if he did par-
take in the defign of the other, I will'an-

rogue, and when he doth his duty, f.vear fwer it with the cafe of my Lord Dacres of

to murder him j with oaths that a Chrifti-
an would blufn at, and be afraid to Iiear ,
Gcd damme ofcentimes reiterated ; and he
that laith that word, doch beg of God to
hate him, and affirm that he doth hate God.
Tlie obfcenity that they ufed I Ihall not
mention again ; thefe are circumftances of
the call; ; that ail were guilty of much, is
no doubt-, but who of the murder, is the
quelVion. And I humbly conceive, it is
manitcft, that this noble Lord was con-
cerned in it. For it is not rcquifte to inake
a murder, that he who kills a man hath
conceived a malice agalnft him ; for if I
have a malice againft any man, and the
tftcdt of that fall upon another, it is mur-
der.

I apply it thus : If it be a murder in Mr.
Gerrard, if this noble Lord partake with
him in the dcfign which made it fo ; to
wit, the malice againR the centinel, he is
as guilty, as if his hand had been as much
upon him as was Mr. Gerrard's ; as in that
known cafe of the * man thatpoiloned an
apple, with an intent to kill his wile, and
fhe not knowing of the poifon, gave fome
of it to her ch Id, of which it died ; though
he hadnodtfign to kill the child, yet the
malice he had conceived againft liis wife

* Saunders's Cafe, in Plowden, folio 475.

the South, who, with fome others, went
unlawfully to fteal deer, and the keeper
coming, fome fl'rd, among whom, my
Lord Vv'as one': The keeper was killed, my
Lord Dacres being at that time wnhout
the pales, a mile off from the place, and yet
was found guilty of the murder, and left
both his lands and his life for it. Buthere
my [,ord Conwaliis was- prefent, for the
witnefs fvvears, the diftance was not fo great
but it might be dilcerncd. Now whether
he was aiding or affifting, is the next thing
in queftion. What occdfion had they of
malice, revenge, or injury 10 the centinel ?
They both iwore th^v would kill him : t
Had there been any cxcufe for the other, if :
one of them had killed the centinel.? that
could not be. Well, they did not kill the
centinel, but at the fame time take up a
caufelefs ofFence againft another, and kill
him. I argue, that the malice againlt the
foldier was diftufive to tjje boy ; and one
of the witnefles proves, ti^at one of them
fwore he would kill fomebody : Now, no
one fpeaks to any thing of my Lord's re-
proving Mr. Gerrard. Thus Hands the
cafe before your Grace and my Lords-, it is
a cafe of blood, and it cries loud : How far
this noble Lord and pnfoner at the bar, is

guilty

A COLLECTION of TRIALS.

360

guilty thereof, you are to enquire, and
without all doubt will give a clear verdidb,
according to juftice and honour.

Lord High Stcivard. My Lords, you
have heard the evidence of your Lordfliips ;
pk'-Ale to go, and ronfider cf it, you may.

Then the prifoner withdrew into his
own apartment, with the Lieutenant of the
tower. The Lords went into a room be-
hind the Court of Chancery, and after. a
ftay of two hours, returned, and being all
fate ; the Earl of Danby, Lord High Trea-
furcr of England, who was the firfl of the
jury, addreffrd himfclf to my Lord High
Steward, and faid :

Ecrl of Danby. My Lord High Stew-
ard there is a queftion inlaw, of which fome
of my Lords dcCiie to receive fatistaftion,
before they can give in their full verdicl ;
and we defire to know of your Grace, whe-
ther it be proper here to afk the queftion of
your Grace, or to propofe it to the Judges.

Lord High Stetvnrd. If your Lordlhips
doubt of any thing, whereon a queftion in
law arifcth, the latter opinion, and the bet-
ter for the prifoner is, that it muft be ftated
in the prefence of the prifoner, that he may
know whether the queftion be truly put.
It hath fometimes been pracftifed otherwife ;
and the Peers havefent for the Judges, and
have afked their opinion in private, and
have come back, and given their verdift,
according to that opinion ; and there is
fcarce a precedent of its being otherwife
none; but there is a latter authority in print,
that doth fettle the point fo as I tell you ;
and I do conceive it ought to be followed ;
and it being fafer for the prifoner, my
humble opinion to your Lordfliips is, that
he ought to be prefent at the ftating of the
queftion.

Call the prifoner to the bar. Who being
come, my Lord fpake thus to him :

Lord High Si ezvard. My Lord Conv/al-
lis, my Lords the Peers, fince they have
withdrawn, have conceived a doubt, in

in fome matter of law arifing upon the mat-
ter of fa6t in your cafe ; and they have that
tender regard of a prifoner ac the bar, that
they will not fuffera cafe to be put up in
his abfence, left it fliould charKre to preju-
dice him, by being wrong ftated ; tliereforc,
your Lordfliip will do well to attend the
queftion that is raifed ; and, my Lords,
will you pleafe to propound your doubts ?

Earl of Danhy. It was taken notice of
here, that by oper;ing the matter by Mr. So-
licitor, the matter of murder was explained,
to be meant by having a prepenfed malice,
and in thu: cale it was opened to us, that
any perlons then prefent, and that had in
any fort contributed to the diforders, they
Vv^erc as equally guilty, as they whofe hand
had ftied the blood of the perfon killed.

Now the doubt of fome of my Lords is,
whether if it be found but man-flaughter,
thofe are equally guilty, that are prefent
(and have proved to contribute to the dif-
turbance) of that crime, as they are in mur-
der ; becaufe fome of them have not the
fatisfaftion that they are the fame.

Lord High Steward. My Lords the
Judges, I take it, the doubt propofed to
you, is this ; whether or no, thole that are
prefent, and have contributed to the difor-
ders, whereby fuch an accident doth enfue,
as proves to be man fl uighter, be as cul-
pable, as he that doth the immediate fafl,
as it is in the cafe of murder .-'

After a little paufe and conference, the
Judges returned this anlwe.*".

Judges. We have had conference of this
cafe, and our humble opinion is, If Uindry
perlons be together, aiding and afTifting to
an aftion, wherein a man-llaughter doth en-
fue, as in cafe of a fudden bufinefs with-
out malice prepenfed, they are equally
guilty with the man flauglrtcr, as they are
in the cafe of murder prepenfed.

Earl of Datiby. The Lords defire to
withdraw once more, which they did, and
after a ftiort fpace returned ; and being

called

A COLLECTIO

called over, anfwered to their names, and
all appearing, my Lord High Stewanl,
took 'their verdidy"«7'<i//w, beginning ac the
puiihe Lord in the following orders, rhey
anfwerin!!, (landing bare with their hands
on their breafts, -

Lord High Ste;u:ard, My Lord Duras, is
Charles Lord Conwallis guilty of the felo-
ny and murder, whereof he ftands indifted,
or not guilty ?

Lord Dtirns. Not guilty.

The fame queftion he demanded of each,
who anfwered thus:

Lord Butler, not guilty.

Maynard, not guilty of murder,

but guilty of man-flaughter.
Paget, not guilty.
■ Berkly, not guiky of murder, but

guilty of man-flaughter.
Newport, not guilty.
Hallifax, not guilty.
Vifcount Cambden, not guilty.
Guilford, not guilty,
Alifbury, not guilty of murder, but

guilty of man-flaughter.
Craven, not guilty.
Bath, not guilty.
Clarendon, not guilty.
Sunderland, not guilty.
Peterborough, not guilty.
Devonfliire, not guilty.
Northampton, not guilty,
Bridgwater, not guilty.
Dorfet, not guilty.
Suffolk, not guilty.
- Bedford, not guilty.

N OF T R I A L S, 361

Derby, not guilty.

Kent, not guilty.

Oxford, not guilty.

Arlington, not guilty,

Brereton, not guilty.

Lindley, not guilty of murder, but

of man-flaugliter.
Dorchefter, not guilty.
Anglefey, not guilty of murder,

bur of man- flaughter.
Danby, not guilty of murder, but

of man-daughter. - '*

Lord High Steward. Call the prifoner to
the bar.

Then the prifoner came to the bar, and
the deputy lieutenant of the tower held the
edge of the ax towards him, while my Lord
High Steward fpake thus unto him :

Lord High Steward. My Lord Conwal-
lis, you have been indifted for murder,
pleaded not guilty, put yourfelf upon your
Peers ; and your Peers, upon confideration
of the whole matter, have acquitted you,
and found you not guilty, fo you are to be
diicharged. ;..'..

CI. Cr. Mal<e proclamation.

SerJ. O Yes ! my Lord High Steward
of England, willeth and commandcth all
perlbns, to depart hence in God's peace and
the King's ; for mv Lord High Steward
of England His Grace doth diflblve his
commiffion.

God fave the King.

At which words my Lord High Stew-
ard holding the white ftaff (which was de-
livered him by the ufher of the black rod
on his knees) in both hands over his head,
fnapt in two, and the Aflembly broke up.

Vol. I. No. 16.

z z

362

A COLLECTION of TRIALS.

The Trial of Sir THOMAS GASCOIGNE, B.ir. On Saturday the 24th of
January, 1679. Sir Tho. Gafcoigne was brcught to the Bar of the Court of
• Kino-'s-Bench, to be arraigned for High Treafon : Which was done accordingly
in this manner.

Clerk of the Croivn.

SI R Thomas Gafcoigne, hold up thy
hand.

Sir Tho. Cafe. I cannot hear.

Clerk. He fays he cannot hear.

L. C. J. [Sir IVilliam Scro^gs'] Then fome
body muft repeat it that ftands by Iiim.

Mr. Recorder. Do you hear what I fliy to
you ?

Sir Tho. Gafc. No, I cannot hear, I am
very deaf..

Then the Clerk of the Crown went down
clofe to the bar, and went on thus :

CI. ofCr. Sir Thomas Gafcoigne, hold
up thy hand.

[Which he did.]
Thou ftandeft indidted by the name of Sir
Thomas Gafcoigne, late of the parifh of
Elmett, in the Weft-riding in the county
of York, Bar. For that thou, as a falfe
traitor againft our moft illulbious and ex-
cellent Prince King Charles the Second,
thy natural Lord, not having the fear oi:^
God in thy heart, nor weighing the duty of
thy allegiance, but by the inftigation of the
devil moved and feduced, the cordial love
and true, due, and natural obedience which
true and faithful fubjedls of our faid Lord
the King Ihould bear to him, and of right
arc bound to bear, wholly withdrawing,
devifing, and with all thy power intending
to difturb the peace and common tranqui-
lity of this realm, and to bring and put
our faid Lord the King to death and final

deftriidlion •, and the true worfliip of God
in this kingdom, by law eltabliflied and
uied, to alter unto the fuperftition of the
Church of Ronie, and to move and ftir up
war againft our iaid Lord the King in this
realm, and to fubvert the government of
this kingdom ; the thirtieth day of May,
in the one and thirtieth year of our faid
Lord the King's reign, at the pariih of Bar-
wick in Elmett in the faid county of York,
in the Weft-riding of the fame county,
with divers other falfe traitors unknown,
didft traiteroufty compafs, imagine and in-
tend the death and final deftrudtion of our
faid Lord the King; an J to change and al-
ter, and wholly to fubvert the ancient go-
gernment of this realm ; and to depofe,
and wholly to deprive the King of the
crown and government of this kingdom,
and to root out the true PrOteftant religion.
And to fulfil and accomplifli the fame moft
wicked treafons and traiterous imaginations
and purpofes, the laid Gafcoigne,and other
falfe traitors unknown, on the faid thirtieth
day of May, in the one and thirtieth year
aforefaid, with force and arms, &c. at the
parifli of Barwick aroreiaid, advifedly, de-
viliftily, malicioufly and traiteroufty did
aftemble, unite and guher together them-
Itlves, and then and there did deviliflily,
advifedly, malicioufly, craftily, and traite-
roufly confult and agree to bring our faid
Lord the King to death and final de-
ftrudion, and to depofe and deprive him of
his ciown and governrrient, and to intro-
duce and eftablifli the religion of the

Koman

A COLLECTION of TRIALS

Roman churcli in this realm. And the
fooner to fulfil and accomplilli the iame

363

moft wicked treafons and traitcrous imaa;!-
nations and purpoles, thou the laid Gal-
coigne, and other unknown traitors, then
and there adviiediy, malicioully and traite-
roufly did further coniuk and agree to con-
tribute, pay and expend divers large fums
of money to divers of the Kings fubjefts
and other perfons unknown, to procure
thofe perfons unknown, traitcroully to kill
our faid Lord the King, and to introduce
the Roman religion into this realm. And
that thou the faid Gafcoigne afterwards
(to wit) on the faid thirtieth day of JVlay,
in the one and thirtieth year aforel'aid, at the
paridi aforefaid, didft falQy, advifedly,
craftily, malicioufly and traiteroufly folicit
one Kobert Bolron to kill our faid Lord the
King ; and then and there, with an intent
fooner traiteroufly to encourage the faid
Bolron to undertake the Icilling and mur-
thering of our laid Lord the Kmg, offeredft
therefore to give and pay the laid Bolron
loool. of lawful money of England; againft

country, that may be able to know fome-
thing how I have lived hitherto; for I am
above fourfcore and five years old.

//. C. y. Tell him he fhall have a good
jury of gentlemen of liis own country.

Sir 7. Gcifc. And bcfides, my Lord, I
defire to know when I fhall be tried.

Ur.Jtt.Gnt. [Sir Cref'ujel Levins'] Some
time about the latter end of the term, asfoon
as I can get ajury up.

Sir T. Gajc, I do not know whether I
can produce all my witnefies at that time,
if there be not a longer time allowed me ;
for I have a great many witnefies to fetch
up: Thefe witncllcs mufl be all here, or 1
can't make my defence ; and I know not
how they fliall be got hither in fo liule
time.

L. C. y. Tell him he may have what
v^itnefi'es he pleafes, and the aid of this
court to fetch them.

Mr. Juil. Dolbcn. Name them who tlity
are.

Mrs. Ravenfcroft. My Lord, fome of his
witneffes are at Paris.

Mr. Juft. Dolhen. Why, he will not be

the dutyoi- thy allegiance, againilthc peace

of our faid Lord the King, his crown and j tried this fortnight

dignity, and againft the torm of the ftatute | Mrs. Ra-ven/irefl. They will not have

in fuch cafe made and provided. How j time to come over between this and that.

fay'ft thou, Sir Thomas Gafcoigne, art thou Mr. Juft. Dolbe;u Miftrefs, he had reafon

Guilty of this High Treafon whereof thou [to believe that he fhould be tried fome time

ftancleft indided, and haft been now ar- 1 this term, for fo the council ordered it;

raigned, or Not Guilty ? land therefore lie fliould have got his wit

Sir 7 ho. Gafc. Gloria Pairi, Filio ii? Spi-
ritui fantiOy 1 am not guilty.

CI. of Cr. Not Guilty, you muft fay.

Sir T. Gafc. Not Guilty ; nor any of my
family were ever guilty ot any fuch tiling:
1 hope I fliall be tried fairly.

CI. of Cr. How will you be tried ^

Sir T. Gafc. By God and niy country.

CI. of Cr. God lend thee a good deli-
verance.

Sir T. Gafc. I defire, that in order to my
trial, 1 may nave a jury or gentlemen, of
perlons of my own qualiiy, and of my own

neflTes ready.

Mrs. Ravenfcroft. My Lord, he did not
know where they were till a week ago.

Mr. Juft. Dt/^^;;, Look you, Mr. At-
torney, here is a lady that is, I fuppofe,
fome relation to this gcndeman. jK/-

Mrs. Ravenfcroft. He is my grandfather,
my Lord.

Mr. Juft. Dolben. She fays a fortniglit's
time will be too little to get his wiir.ef'es
together for his defence, becaule lome of
the witneffes arc beyond fsa at Paris, Ihc
fa) s.

Mr. Alt, Got.

3^H

A C O I. L E C T I O N

O F

TRIALS.

Mt. /lit. Go:. My L.ord, I acn vvi ling
he fnoiiki h.ive as long time as the term
will allow of: Kuc fnre that is long enough
to get any witnefies frcm Paris.

L.-C. j. What fay you to Sir Miks Sta-
pleton ? I fee he is joined i-ii the indiclment.

Mr< All. Giin. My Lord, lie is not come
wp yet.

L. C. J. Vv'ill you try the one without
tli'w other ?

Mr. Jit. Gen. Yes, my Lord, if we
cannot have both : lie is in the hands of
the meffcnger at York -, we have vvr;t down
to knov^ the llatc of his iiealth to fome of
■the Juftices of the I'eacc, and the niefll-nger
returns word, he is fick and can't come : I
have lent down an Hahens Corpus to the
meffenger to bring him up ; let him return
a Langiiidiis at his peril ; that's all I can
do.

L. C. J. Well, what day do you appoint
for Sir Thom.as's trial ?

Mr. yt't. Gen. Tuefday come fortnight I
think will be a good day.

Mr. Juft. Dolbeii. By that time, Mirtrefs,
you may get your witnefies ; you muft fend
a mellenger on purpofe.

Mrs. Ravenfcrcft. But if the wind fhould
be contrary, my Lord, and they cannot be
brought over ?

Mr. Jult. Dolben. 'Tis not an ufual thing
to have the winds long contrary between
Dover and Calais.

Mrs. Ravenfcroft. But if it do fall out
that he wants a material witnefs at his trial,
I hope his life will be confidered.

Mr. Juft. Dolben. He Ihould have had
them ready, he had warning before.

Mrs. Ravenfcroft. We could do it no
fooner, bccaule we knew not where they
were.

Mr. Juft. Dolben. He faith he hath a
great many witnefies ; are they all at Paris. -"

Mr. Att. Gen. There are a great many
in town we know already.

Mrs. Ravenfcroft. If v.'c had known wiiifh
cxacfly, we might have been more ready
perhaps.

Mr. AJt. Gen. But we could give no
notice fooner; it is ear'y in the term now.
But there is tane enough to get any wit-
nefies..

L. C. J. Ay, you mav fend to Pa!i^, a
great many times between this and that.

Mrs. Ravenfcrcft. What if the letter mif-
carry, my Lord ?

Mr. Juft. Dolben. Why, you muft fend
a fpecia! mefi"cng<rr.

Mr. Alt. Gen. My Lo d, if you pleafe,

let it be Wednefday fortnight, the laft day

! but one of the term : bccaufe I would give

. . . - ^

! him as much time to provide himfelf as I
I c.in.

t Mr. Juft. Vcmbertcn. Well, Miftrefs, you
! muft fend a fpecial mefil-nger -, we muft not
I confult your convcniency -, do it as well as
1 you can, you have time enough.
i Mr. Juft. Dolben. Your grandfather is a
1 man of an eftate, he may very v/ell, in this
cafe, be at the charge of a fpecial mef-
lenger.

Mrs. Ravenfcroft. But what if the winds
be contrary, muft my granfather's life be
loft?

L, C. y. We muft give you that favour
we can by law, and you muft be content : ^
Tell us at the tryal what you have done.

Then the Lieutenant of the Tower was
ordered to take the prifoner back, and by
rule to bring him to the bar on Wednelday
the 1 1 th of February.

On which day the prifoner being brought
up, the tryal proceeded thus :

Mr. Att. Gen. My L.ord, here is an ex-
traordinary matter. Sir Thomas Gafcoigne
had a rule for fome friend to afiift him, by
reafon of the defeft of his hearing ; and
now there are three of them that are got
among the jury.

L. C. y. No, no, they muft come in of
the inftde of the bar.

Mr. Alt. Gen.

A COLLECTIO

let him tell which {
, tor he is bv the i

Tell him there can

Mr. .dtt. Gen. Pray
■he will make choice of
■rule to have but one.

Mr. J 11 ft. P ember ton
-but one ftay.

Ccunfcl. He lavs one ot them came out
of the country, and knows the perfons that
are the witnefils, which he does not him-
■Iclf.

L. C. J. Well, let the other come in,
4ct him have them both.

CounfeL He lays, the principal man he 1
<lepended upon is clapped up.

L. C. y. Well, we can't help that.

Then way was made for the jury to come
lip to the ftand, and proclamation for in-
formation was made in ufual manner.

a. oJConrl. Sir Thomas Galcoigne, hold
up thy hand.

Sir ^r. Gafc. T cannot hear what is faid.

CI. of Cr. Thole good men which were
lately called, and have appeared, are to
pafs, &c.

L. C. J. Tell him the effeft of it. If
he will make any challenges to the jury, he
jiiuft fpeak to them before they are fworn.

Habart. If you will challenge any of the
jury, you mult fpeak to them before they
are fworn.

Sir T. Gafc. I cannot hear who is called.

Z-. C. 7- l^il lii'ii who is called.

CL of Cr. Sir Thomas Hodfon.

Hobart. This is Sir Thomas Hodfon,
Sir.

Sir T". Gafc. What muft I fay .' Ay, or
No.?

Hobart. Do you except againft him ?

Sir T. Gafc. No. [Who was fworn.

Cl.ofCr. Richard Beaumont, Efq-,

Hobart. Do you challenge him, Sir .'

Sir T. Gafc. No.

Mr. Alt. Gen. Pray, my Lord, here is
Sir John Cutler in the pannel, one that
lives in town, and is the foreman of the
jiiry ; I defire the ccilrt to take notice of
his not appearing in particular.

Vol. I. No. i6.

K OF T R I A -L S. 365

CL of Cr. John Gibfon, F.fq;

The priibncr challenged him.

Mr. Serj. Mi\;ia d. I perceive they fivip
a great many ; pray call them as they are
in the pannel, and record theirnon-appear-
ance in court.

Which was done accordingly, but their
names that did not appear, for brevity
fake, are omitted.

CI. of Cr. Nicholas Maleverer, Efq;

Mr. Att. Gen. We challenge him for the
King. I perceive the beft gentltmen ftay
at home.

Mr. Serj. Maynard, Yes, 'tis fo fmall a
bufinefs.

Cl.ofCr. Beckwith, Efq-, challenged
by the prifoner.
Stephen Wilks, Efq-, fworn,
Matthew Prince, Efq-, challenged by the

prifoner.
Thomas Graver, Efq; challenged by 'the

prifoner.
Jervas Rockley, Efq; fworn.
William Walker, Efq; challenged by the

prifoner.
John Dimmocke, Efq; challenged by the

prifoner.
Samuel Jenkinfan, Efq; challenged by the

prifoner.
Robert Leeke, Efq; fworn.
William Batt, Efq; fworn.
Richard Burton, Efq; challenged by the

prifoner.
Robert Auby, Efq; challenged by the

prifoner.
Charles Beft, Efq; fworn.
Robert Long, Efq; challenged by the p;;i-

foner.
John CrofTe, Efq; fworn.
Barton Allett, Efq; fworn.
William Milner, Efq; fworn.
John Oxley, Efq; fworn.
Francis Oxley, Efq; fworn.

CI. ofCr. Cryer, count thefe.
5 A

JURY.

366

A COLLECTION
JURY.

TRIALS.

Sir Thomas Hodfon,
Richard Beaumont,
Stephen Wilks,
Jervas Rockley,
Robert Leeke,
William Batt,

Charles Bed,
John Crofle,
Barton Allet,

William Milner,
John Oxley,
Francis Oxley.

Cryer. Twelve good men and true, ftand
together and hear your evidence.

CI. of Cr. Sir Thomas Gafcoigne, hold
up thy hand, Gentlemen, you of the jury
that are Iworn, look upon the prilbner and
hearken to his charge. You fhall under-
itand, That he (lands indifted by the name
of Sir Thomas Gafcoigne, late of the parifli
of Elmett, &c. Pro ut in the indidment,
mutatis, mutandis. Upon this indiftment
he hath been arraigned, and thereunto
pleaded Not Guilty •, and for his trial hath
put himfelf upon his country, which coun-
try you are, &c.

Then proclamation for evidence was

made, and Dormer, Efq. of Counfel

for the King in this caufe, opened the in-
didment thus :

Mr. Dornur. May it pleafe your Lord-

fliip, and you gentlemen of" the jury. Sir j

I'homas Gafcoigne, Baronet, the prilbner ;

at the bar, (laiids indicled for High Trea-

fon, in confpiririg the murder of his Ma-

jefl:y,the fubverting of the government,!

and the introducing the Romilh religion : 1

And for the effecting ihefe purpofes, the

indiftment fets forth. That the faid Sir

T'hom.as C^fcoignc, Sir Miks .'•tapleton,

and- other falfe tray tors, on the jcth of

May lall, at the parifh of Eln-ett,. in the.

Weft-Riding of the county of York, did

aflemble togeth.cr, and there refolvcd to

put their tre'afons in execution. And the

bL'tter to accomplifli their faid trcalbns and

traiterous imaginations, they did agree to

contribute feveral large funis of money to

feveral of his Majcfty's fubjcds unknown,! Which was,, as you fhall hear, and

to introduce Popery, to kill the King, and
fubvert the government : And that Sir
Thomas Gafcoigne did folicit Robert Belroa-
to kill the King, and for that fervice he
was to pay him loool. To this he hath
pleaded Not Guilty : If the King's evidence
prove the charge of die indiftment, your
duty is to find him gu'.ity.

Mr. Serj. Maynard. May it pleafe your
Lordlhip, and you. Gentlemen of the Jury,
you have heard the indictment, and it hath
been opened to you. There can be no
greater crime charged upon any, than that
this gentleman is acculed of. 1 he dcfign
hath been to kill and murder the King, to
change the religion and tlie governmeiif,
and to effeft this, they make aflemblits,
they olFer money : And this, my Lord, we
fliall prove. 'Tis no new crime, divers
have lufFered for the like already •, and we
fnall not need to make any aggravations,
for indeed it cannot be aggravated more
than the plain matter itfclf is. We Ihall
call our witnefTes, and prove it dircdlyupon ,
him, even by two witnelles ; and we Ihali ,
prove, that he held intelligence with one
Prefv\icke, a Prieft •, letters between him
and that perfon are found in his cuftody»
and we fhall produce one of them wherein
it doth appear, that there was intelligence
between them, and confultations had about
the oath of allegiance ; and that Praud did
write to him, that it.vvas a dainnablc oath
condemned by the Sorbonnirts: And upon .
that point hangs the changing of religion j
for the oath of alleoiance is the preat
touchftone to dilcovcr men's fincericy by,
and the great bond to tie them to the go-
vernment, and to the. Prote;!tant Religion,
And v.'efnall likewife prove another paffage
in a letter indorfed v/ith the priibner's own
hp.nd, wherein there is an exprcdion lo this
purpcfe : " 'I'hat if England be converted,
(the Prieft writes this to him) then how a
fum of ninety pound was to be dilpofed :"

we fliall

P''0^''^j.,

A COLLECTION of TRIALS.

prove, in a nunnery. *' If England be
converted," that clearly fhews what was
th.ir intention, not only to dellroy the
King, but the religion and the nation ;
and lb they were conlpiring not only againll:
his Majefty, but againft God. That an
old gentleman that hath lived io long under
the peace of this nation, and been io pro-
tected by the government, which hath been
fo indulgent to men of his periuafion, (hould
be guilty of fuch a defign, is a lamentable
thing to think of; that he fliould lb offend
the law, which hath been fo mild in its
execution againft fuch men. We fhall
prove the profer of the loool. and fo leave
it with you.

Mr. .-•///. Gen. My Lord, thefe two
pap>:rs we fliall nie in confirmation of that
evidence, will be given by tv;o witneffes,
w!\o I think will concur in the fame thing;
that is, the conlpiracy for killing the King,
and for the carrying on of the plot. The
papers the witnefies will expound to you •,
the one is a letter, as Mr. Seijeanc hach
opened it to you •, to Sir Thomas Gafcoigne
from a jnielt, wherein he does dilcourie
about 9cl. a year at MatirifloK, which Sir
Thomas had pure haled to fettle upon a
nunnery called Dolebank in Yorkihire ;
and therein it is laid, you will be well ad-
viled to put a provilo into the former writ-
ing (he meant for the i'cttlement) That if
England be converted, the 90I. a year
Ihall be beftowed at lleworth, or fume
other place in Yorkihire. Y'our Lordfliip
will hear by the witnefles, that there v.'ere
feveral places defigned for thefe nuns to in-
habit, as DoL-bank and other places •, and
this letter .will concur with their evidenc*,
at^d they will prove, that this very piacr
that tliey ipcak of, was defigned for this
purpofe-, and fo it appears by the pap;r5
taken in Sir Thomas Galcoi^nc's cuftriuy.
My Lord, there is another letter wiiich
was mention'd, and which I brlieve may
have a great influence in the cuif-, I am

Hire it may be likely to produce very bad
effeds, which is that letter from the pricft,
wherein he decrtes the Oath of Allegiance
as a damnable thing condemned by the
doctrines at Sorbonne, and other pritRs
from Rome. And this had its cfr'ccl; a
little time before; for it was about the time
that a matter of thirty or forty were con-
vi6ted of a prnsmunire in that country, for
not taking the Oath of Allegiance, which
they uled to do before. And there will be
fome other concurring evioence in this
caufe, and is by fome papers taken in Sir
Thomas Gafcolgne's own hand ; they are
almanacks, in which many of his own me-
morials are, leveral fun:s of money men-
tioned to be paid, and returned to priei'ls
at London : The witncfies will tell you it
was returned for the dcfign cf t!',e plot.
There happens to be 900I. return'd to
Mr. Corker, who is now in Newgate ;
and fome other fums to Harcoun, who is
executed ; and fome money is paid to him,
though 1 think not much, abuut ?.^\. and
feveral ilims are mentioned, and great fums
return'd to London by Sir Thomas Gaf-
ccjigne, in five or fix year? time, 5 or
6000I. to what purpofe I can't tell ; they
will give you an account : I think lie did
live always in Yorkfiiirc himlelr, never ufed
to come to tov/n ; and what occafion he
might have of returning money, I don't
know. We will call the two witnefics viva
voce, and then ufe the other evidence a-s
we fliall have occafion to- confirm them.

. Call M^ Bohon and Mr. Mowbray, [who
were iwom.

Mr. Ju. Gen. Mr. Bolrnn, itll my Lord
and tl-.c Jury what you know of Sir
Thomas G.dcoignc.

Mr. toircn. My Lord, and you, Gen-
tlemen of the Jury, 1 came to live with

. Sir Thomas Guicoigne in the year 1674J
as Steward cfhis co.al wdrks ; and i' ^'t^
year 1075, a little before EAiicr,
the ni'xt room to Sir I'lionui G.a-.w.

368 A 'CO L L E C T I O

I did hear CharlfsJngkby and Sir Thomas
in dircoiirfe together, and Sir Thomas did
fay, he was very fearful "his eflate would
be liable to be forfeited to the JCing

L. C. y. ^n 75 was this ?

Ivlr. lichen. Yes, my Lord.

/,. C. J. What time in 75 ?

Mr. Bolron. A little before EaAer.

L. C. J. Were you in the room ?

Mr. Bclrou. I was in the next room, and
the door was not fliut -, and Sir Thomas '
did fay ■

Mr. Jtt. Ge>u Tell the difcourle what
it was. ;

Mr. Bolron. Ke faid he was refolvcd to I
n^ake a collufive conveyance of his eftate,
for fear it fliould be forfeited to the King.
And Charles Ingleby fiiid, it was befl: ib to
do : and then he told Sir Thomas he
would have the det'eazance madj; ready,
which he would draw with his own hands;
but he bid him be fure to bring none but
Proreftant witneires along with him to
tellify. And in the year 1675, I did go
along with Sir Thomas Gafcoigne to Sir
William Ingleby's of Ripley, and there J
ditffce Iiim receive colourably loool.

L. C. y. How do you know it was co-
lourably ?

Mr. Bolron. I did hear Sir Thomas tell
Charles Ingleby fo.

L. C. y. When was that ?

Mr. Bolron. The 7th or 8th of April,
the deed bears the 8th of April 1675.

L. C. y. Was Charles Ingleby there at
that time ?

Mr. Bolron. Yes, when the deed was
fcalcd ; and he read it in the prcfence of the
witnclTcs to be dated at that time.

Mr. Juft. Dolben. What, that thoufand
pound was the confideration of the deed .?

Mr. Bolron. Yes, it was. Sir Thomas

Gafcoigne did part thereby with all his

'Cftate for feven years, h.e allowing him

iool. a year for his maintenance, bcfides

the zocol. at firft paid. And this was

N or TRIALS.

done with that intent, for fear he fhoukl
be difcovered in the plot for killing the
King

L. C. J. How do you know that ?

hit.- Bolron. I did hear Sir Thomas Gaf-
coigne and Sir Miles Stapleton difcourfe of
it, and he faid it was for that end.

L. C. y. Where was that difcourfe ?

Mr. Bolron. In i:ir Thomas Gafcoigne's
bed-chamber.

Mr. JuiK yones. WHien was that?

Mr. Bolron. It was in or about the dif-
covcry of the plot.

L. C. y. But you fay you faw the deed
feakd.

Mr. Bolron. Yes, I was a witnefs to it.

L. C. y. And you law the money paid?

Mr. Bflrcn. I and one Matthias Higgnn-
gil did help to count if.

Mr. Juil. yones. Were you a Proteftant
at that time ?

Mr. Bolron. Yes, my Lord, I was at the
time of the fealing the deed ; but I did hear
the difcourfe between Sir Miles Stapleton
and Sir Thomas Gafcoigne upon the difco-
very of the plot, when I was a Papilf.

L. C. y. When was the dilcourfe you
fpeak of with Sir Miles Stapleton, do vou
fay ?

Mr. Bolron. It was about the difcovery
of the plot.

L. C. y. After the money paid ?

Mr. Bolron. Yes, after the money paid :
And he faid to Sir Miles Stapleton, he had
done well to make over his eftate.

L. C. y. That is an abrupt thing for him
to fay ; how did he begin the diicouifc ?

Mr. Bolron. They were dilcourfing about
the difcovery of the plot by Dr. Oatcs and
Mr. Bedloe -, and then Sir Thomas Gaf-
coigne faid to Sir Miles Stapleton, I have
done well to make over my eftate to Sir
William Ingleby, to prevent a forfeiture.

L C. y. W' hat faid Sir Miles Stapleton ?

Mr. Bolron. I do not know what he faid
very well.

L. c. y.

A COL LECTIO

L. C. y. You feemc-d but now, as if he |
hid fau) he was in the plot. I

Mr. Juft. Jo/jes. Did he own he was in >
the plot ?

Mr. Bolron. Yes.

L.C. J. When? '

Mr. Bolrcn. At leveral times.

Mr. Scrj. Mnynard. Tell the manner how |
he was concerned. |

Mr. Hoiro7i. My Lord, in the year 1676,
I did hear Sir Thomas Gafcoignc i'ay to one
Chrifiopher Metcalfe, that he was refolvcd
to iVnd ^•'jcol. to the Jefu.ts in London for
the carrying on of the defign.

L. C. y. What time in 76?

Mr. Bolron. The beginning of the year
76.

L. C. y. To whom did he fay fo ?

Mr. bolron. To one Chriftopher Met-
calfe.

L. C. y. Were you a Papift then ?

Mr. Bolrcn. Yes.

L. C. y. When came you firft to be a
Papift ?

Mr. Bolron. About Whitfontide, 75.

Mr, Juft. yones. You are a Proteftant

now

Mr. Bolron. Yes, my Lord, I am fo.
L. C. y. When did you turn Proteftant

again

Mr. Bolron. I turned Proteftant upon the
clifcoverv of this bufinefs.

L.C.'y. When.?

Mr. Bolron. Either the beginningof May
or the latter end.of June.

L. C. y. To whom did he fpeak it .''

Mr. Bolron. To Chriftopher Metcalfe,
who then lived in his houfe.

L. C. y. What faid he ?

Mr. Bolron. He faid, he was to fend
3000 1. to the Jefuits in London, for the
carrying on of this defign.

L. C. y. W^ho was in the room befides ?

Mr. Bolron. None but Sir Thomas Gaf-
coigne and Metcalfe.

L. C. y. Where is that Metcalfe ?
Vol. 1. No. 16.

N OF T R f A L S.

Mr. Bolron. He is fince de.id, I think.

L.C.y. What difcourfc had they about
the deliL'P ?

Mr. Bolrcn. They were difcourfing about
it when 1 came in -, and I remember he
mentioned 300I. for Corker, 300). for Ha r-
coiirt, and 300 I. for Cornwailis ; and the
reft by 300 1 a -piece to other perlons.

Mr. Alt. Gen. What name did Corn-
wailis go by belides ?

Mr. Bolron. Pracid, my.Lord.

Mr. Att. Gen. That's the name that is to
the letter.

Mr. ]v.ik. Panbsrton. W\dl, what do you
know more ?

Mr. Bolron. My Lord, Sir Thomas Gaf-
coigne told this Chriftopher Metcalfe, that
he would return it by 300I. at a time, to
prevent fufpicion, by the hands of Richard
Phifick •, and about the beginning of the
year 77, I did hear Sir Thomas Gafcoigne
fay, that he had returned ir, and that if it
had been a thoufand times as much, he
would be glad to fpend it all in fo good a
caufe.

L. C. y. Did he fay he had returned all
the 3000I.

Mr. Bolron. Yes.

L. C. y. Did lie tell you how it was to
be difpofed of.'

Mr. Bolron. It was to be difpofed amono-
the Jefuits for the carrying on of the de*^
fign.

L. C. y. That was in the general ; but
this 900 1. you fpeak of, was to thole three
Priefts ?

Mr. Bob on. Yes.

Mr. Juft. yones. You fay he refolved to
fend 3000!. to the Jefuits at London about
this defign ; pray what was the defign ?
What did they fay about the plot at that
time ?

Mr. Bolron. My Lord, at other times I
have heard them fay it was for killing the

;ng.

L. C. y. What faid Metcalfe to all this ?
5 B M

A COLLECTION of TRIALS.

37°

Mr. Bol.cn. He did allow of ir, and
thought it was the beft way fo to do. I
have I'een him return ievcral funis by Rich-
ard Phifick.

Mr. Jult. Volhen. Was Metcalfe a Papift?

Mr. Bolron. Yes, and he oicd fo, as 1
have iieard.

L. C J. Was you in the room v/htn they
firil be^an the difcourfc .''

Mr. B'lron. No, my Lord, I came in
when they were dilcourfing.

L. C j. You came in when they were
talking, you fay ; but they did nat (lop
talking becaufe you came in ?

Mr. Bolron. No, my Lord, becaufe 1
knew of it : I was brought in by one
Ruduon, who was acquainted with the p! t,
to know of it, and therefore they did net
flop me when I came in.
■ L. C J. You iay he fiid, I will return
3000!. to th-" Jcluits in London: Did he
fuy in what time he v.ould fend that 3000I.''

Mr. Bolron. No, but in 70 he laid he
would do it.

L. C. y. And it Oiould be employed for
carrying on the defign ?

Mr. Bolron. Yes, thofe were the words.

L. C- J. And in 77 you heara him talk
with Metcalfe again ? And then he faid. It
it had been a thoufand times as much he
wceild have fent it.

M.U Bolron. Yes.

L. C. J- Was nobody there but he. Sir
Thomas Gafcoigne, and you ?

Mr. Bolron. No body elle.

L. C. J. Then goon with your evidence.
Mr. Bolron. My Lord, in the year 77
fcveral gentlemen did meet and affcmble'to
gethei; at Barn':ow-hall in the county of
York, Sir Thomas Gafcoigne's houfc ; and
their refolution was this, '1 hac they would
build a Nunnery at Dolebank, in cafe that
their defign and plot of killing tiie King
fhould take cffecl, and the Roman Catholic
religion be eftablifhed in I'.ngland : U, ■ n
which account, the company there preient

did refolve they would loTe their lives and
eftatcs to turiher it . And Sir Thomas Gaf-
coigne did conclude he would give 90 1. a
year for ever for the maintainanre of this
Nunnery : Upon which they all agreed,
that after his death he (fjould be canonized
a lain.t.

L. C. J. W!io were thefe gentlemen ?

Mr. Bolron. Sir Miles Sraplcton, Charles
Inglcby, Eiquire Gakoigne, iT:y Lady
Tempcfl, Thomas Thwing, Sir Walter
Vava'ior, Sir Francis Hungatt, and Robeit
Kilingbeck, a Jefuir, and Wiliiair. Kuflito.T.
a Rem i ill Prieic.

Mr. Jvi!l. Pc>::l/ert!.n. Is he dead .?

Mr. Bolron. No, he is fled beyond fea.

L. C J. Who elle ?

Mr. Bolron. Thcfe are the perlons I can
remember at prefeiu.

L. C. J. There vvas a woman there voa
fay ?

Mr. Bclrcn. Mv Lady Tempefl, my
f.ord, and one William Rufliton, it )tni
had v.c: \\\m before.

Mr. lull. Dolben. That w.as your Con-
fefior ? "

Mr. Bclrcn. Yes, and engaged me in ths
plot.

Mr. Juft. Pemherton. What was your difr
courle ? pray tell that.

Mr. Bolron. I'hc diicouife was upon cft.v
bliihing a Nunnery at! Dnirbank, in hopes
that the plot of killing the King would
tai<e efied :-The intention v^as to alter the
oovcrnment, and introduce the Romi.1i
religion.

L. C. J. Who was it laid this?

Mr. Bolron. It was fpokcn by Sir Thomas
Gafcoigne and the rell of the gentlemen.

L. C.J. In their difcourfe ?

Mr. B'Aron. Yes.

L. C. J. Did they fpesk of killing the
King.?

Mr. Bolron. Yes, my Lord, Sir. Francis
Flungatt faid it ieveral times.

L. C. J. How ? Upon what account ?

Mr.

A C O L L E C T I O

Mr. Bolren. They were mutually refolved
and they would talk that rhey would ven-
ture- tlieir lives and eftates in hopes the plot
would take efFefl ; and accordingly about
Michael.'na?, 1677, or near upon, as 1 re-
oicmb(-r

L. C y. Mow long (laid they there ?

Ml". Bolro7i. About fix or feven hours.

L. C. J. Were you with them in the
ro'^in il.ll ?

Mr. Boh on. My Lord, 1 was fometimes
in the room, and fometimes out : What
dircourfe I heard,, I tell you ; there was
one Barloe

L. C. y. What was that Barloe ?

Mr. Bc'ron. I have had two orders of
council for the feizing of him, and never
could take iiim ; he is a Prielt.

L. C. y. Was he, by ?

Mr. Bolrori. He went with them to take
pclicflion of the Nunnery.

L C. y. Was he not in the houfe ?

Mr. Bolron. No, not in the room at that
time.

L. C. y. Was there any fervant by in
the room when this difcourle was ?

Mr Be/rcn. No.

L. C. y. Wrll, go on..

Mr. Bo'ron. Accordingly Sir Thomas
Gifcoigne did erect a Nunnery about the
year 77, at Dolebank.

L. C. y. What, built it ?

Mr. Bolrcn. He eftabl'llicd it.

L.€. y. Who were the nuns .''

Mr. Bolron. Mrs. Laflials was Lady Ab-
bels, Mrs. Beckw.Ui and Mrs. Benningfield
were her affiftants, El'en Thwing, Eliza-
beth Butcher, and others, were Nun^, ac-
cord. ng as I heard Sir Thomas Gafcoigne
fay: And when they wer.t by Sir Thonias
Gafcoignc, when Ciie Mary Root was taking
horle, Sir,Thom43.Gafco:gne faid of her,
I'here goes
nun.

K OF TRIALS.

an old maid and a young

L- C. y. Whither where they, going

then ?

J/ '

Mr. Bolron. To take polTcfnon of the
Nunnery.

L. C. y. Was it a new built houfe .?

Mr. Bolron. The/called it a Nunnery
in hopes their plot would take effeift.

L. C. y. Was it an old or new built
houfe ?

Mr. Bolron. Nay, I never faw it.

L. C. y. Whereabouts was this houfe.

Mr. Bolron. It was near Ripley.

/.. C. y. What, was that Ripley his-
houfe h

Mr. Bolren. No, his houfe is at Barn-
bow.

L. C. y. Who did it belong to ?

Mr. Bolron. They went thither till the
bufinefs was done, and that was only till
the King was killed, and afterwards they
refolved to refide at Heworth.

L. C. y. How long ftaid they there ?

Mr. Bolron. They lived in this place
near a year and half.

L. C. y. Till the plot was difcovered ?

Mr. Boh on. Yes.

Mr. Juft. yones. How do you know they
lived there ?

Mr. Bolron. I have feen feveral times
letters come from their hands.

Mr.' Juft. yones. How do youknowthey
came from thence ?

Mr. Bolren. The letters weredated fro^^
Dolebank.

L. C. y. Did he let them he open ?

Mr. Bolron. Sometimes he* did.

L. C. y. What was in them ?

Mr. bolren. I don't know any of the
particulars, there was no great m.uter ia-
them.. •

L. C. y. Who writ them .?

.Mr. . 5<j/j-^«. The name that I faw was
Pracid, or from Mr. Laflials.

Mr. Alt. Gen. They, or fome of them.

L. C. y. Y.ou do not know whok houle •
it was .''

Mr. Bolron. No, my Lord, not I, .

L. C. y. Where is Heworth-haiJ ?

Mr/.

•3:

A COLLECTION of TRIALS.

Mr. Bcl-rcn. Heworth-hali Is about half
. a mile oft' of York.

Mr. Jiift. Dolben. Doc$ not that belong
rto one'lS'lr. Dawfon ?

Mr. Bolr&H. h drd, but it was boughtof
him.

Mr. y^ll Gau What other place did you
hear him -mention ?

Mr. Kolrcn. Broughton, my Lord, but

■ I never, knew that any were there.

/,. C. J. Nor at Heworth-hall.

Mr. Bolron. Yes, my Lord, fometimes
• one and fometimes the other-, fome of them
came to Ileworth-hail, and fome to Dole-
bank, but Dolebank was the place they did
.generally refide at: And then Sir Thomas
did eftabiiili 90I. a year, which was pur-
ciiafcd of Mr. Tim. Maleverer, and Alver
Aloftus enjoys it.

L. C. J. How .much was it ?

Mr. Bc/roii. Ninety- pounds a year.

L.C.J. Where doth it lie?

Mr. Bolron. It lies at aplacecall'd Maw-
fon near .Sir Thomas Gafcoigne's houfe.

L C. J. Did he fay he had feal'd fuch a
conveyance ?

Mr. Jull. Dolben. I fuppofe he bought
it of Dawfon.

Mr. Bolron. He bought it cf Maleverer.

L C. J. Is Maleverer a Proteftant ?

Mr. Bolron. Yes, my Lord.

I.. C. J. Where is he ?

.Mr. Bolron. I can't tell.

Mr. Juft. Jones. You did not fee the

■ conveyance of it yourfelf feal'd ^

Mr. Bolron. No, I refer to their words
;for that.

Mr. Juft. Jones. To what purpofe was it
bought ?

Mr. Bolrcn. To eftablifh a Nunnery.

Mr. Juft. P ember ten. And they told him
'he fhould be canoniz'd for a faint when he
died.?

Mr. Bolron. Yes, my Lord.

X. C. J. Well, go on then.

Mr. Bolron. My Lord, about March laft,
to the beft of my remembrance, Sir Tho-
mas Galcoigne and EfquireGafcoi^ ne being
in their chamber together, I was reading a
book caU'd, " The Lives of the Saints,"
and Efquire Gafeoigne told Sir Thomas
that he had been before the Juftices of the
Peace, and they had given to him and Mr.
Middleton licence to go up to London,
which mentioned, that in confideration that
there was a fuit in law between James Nel-
thorp, Efq; and Sir Thom.as Gafeoigne,
I therefore it permitted the faid Thomas Gaf-
Icoigne, Efq-, and his man to travel peace-
ably to London. And I did hear the other
I copy read of Mr. Middlecon's licenfe to
t travel into the fouth, and for his occafioa
into the fouth parts was pretended to re-
ceive fome rents there. But I did hear
Efquire Gafeoigne fay to Sir Thomas, that
he was relolved as foon as he came to
London, and had done with Mr. Nclthorp,
that he would fly into France, and fo would
cheat the Juftices, for he was refolved not
to come back to Yorkfhire again, but he
would commit the dcfign in agitation into
fuch hands as would do it, and would
not fail, but he would not ftay to fee
execution.

L. C J. You heard him fay fo ?

Mr. Bolron. Yes, I did.

L. C. J. What faid Sir Thomas ?

Mr. Bolron. He commended his fon's and
Mr. Middleton's refolutions.

L. C. J. What room was it in ?

Mr. Bolron. It was in Sir Thomas's own
chamber.

L. C. J. Where there any rooms near it ?

Mr. Bolron None that they could hear
in, unlefs in the chamber within, I don't
know whether any one was there or no. (

L. C. J. Could they hear in no room that
was near to them ?

Mr. Bolron. Yes, in the chamber within.

L. C. J. Was there no fervant there ?

Mr. Bolron. Not as I know.

L. C. J.

A COLLECTIO

L. C. J. My reafon is, becaiife he mud
fpeak very loud to make his father hear
him.

Mr. Bolron. Yes, he did, for I heard
him in the chamber-window that I ftood in
againft them, they were a little way oft" me.

L. C. J. Becaiife if any of the fervants
were near, methinks they miift needs be
very cautious how they fpoke fo loud to
make Sir Thomas Gafcoitine hear.

Mr. Bolron. My Lord, he was not fo
deaf then as they fay he is, and he feems to
be now. And Efquire Gafcoigne alio be-
caufe he would be fure there fhould no
damage come to him, caufed all his goods
to be fold off his ground, and Mr. Middle-
ton fold his very houfhold goods.

L. C. y. He is a Papill too, is he not ?

Mr. Bolron. Yes, he is fo.

L. C. J. Was not he at the meeting
with Sir Miles Stapleton ?

Mr. Bolrcn. Yes, Mr. Middleton was
one.

L- C. J. You did not name him before.

Mr. Juft. Pemberton. But he faid a great
many were there befides thofe he nam'd.
;. Mr. Juft. Dolben. Yes he did fo. Well
go on. Sir.

Mr. Bolron. My Lord, laft 30th of May,
the day after Holy Thurl'day, as I remem-
ber, beins; in Sir Thomas Gafcoigne's own
chamber. Sir Thomas Gafcoigne bid m.e go
into the gallery next to the PrielVs lodgings,
and after a little time one William Rulhton,
my ConfcfTor, came to me, and afked me,
If I was at the laft Pontefret felTions ? I
told him, yes, and that I had taken' the
Oath of Allegiance, as others had done :
Whereupon the faid Rufliton told me. That
I and all the others were damn'd for fo
doing, if we kept the fame ; therefore he
bid me be fure to come next Sunday to
have abfolutlon from him ; for it was a
damnable fin to take that oath, and he told
me, he had power from the Pope to abfolve
me, and he added, that few Priefts had that
power that he had.

Vol. I. No. 16.

N o F T R I A L S. 373

L. C. y. Did he make you confefs that
as a fin to him ?

Mr. Bclrcn. No, my Lord, for I did
make the difcovery foon after.

L. C. y. When was it you firft turned
Proteftant ?

Mr. Boh en. In June, my Lord, after
that.

L. C. y. Then you were not a Proteftant
at that time >

Mr, Bolron. No, my Lord.

L. C. y. Were you, a Papift when you
took the Oath of Allegiance ?

Mr. Bolron. Yes, my Lord, I was.

L. C. y. Why would not you then go
and be abfolved according as your Priefl:
bid you ?

Mr, Bolron. 1 thought I had done nothing
that was evil, becaufe feveral had taken the
oath with me, as you fhall hear afterward.

L. C. y. Well, go on,

Mr. Bolron. I told him that feveral others
had done it as well as I, that were Papilts,
and they judged it lawful, whereupon he
faid. Away, and told me I was a fool, and
knew not how to judge of an oath.

L. C.J. So you were fatisfied the Papifts
might take the oath .''

Mr. Bolron. My Lord, I told him I
thought it was no fin to take that oath, be-
caufe it was an oath only to be true to my
King and to my country, and I told him
that Mr. Ellis, Prieft to Mr. Vavafor, had
written commentaries upon the oath, and
juftififd the taking of it. Said he again,
Mr. Ellis was a fool, and his fuperiors will
call him to an account, and check him ^er
his pains. But faid he, by taking the oath
you have denied the power of the Pope to
abfolve you from it, but I tell you he hath a
power to depofe the King, and had done
It : And laid he, you will merit Heaven if
you' will kilt him.

L. C. y. Who fpoke to you > .

Mr. Bolron. Rufliton, my Lord, faid it
v/as a meritorious ad to kill the King;

5 c L. c. y.

A COLLECTI

374

L. C. J. But did Sir Thomas Gafcoigne,
or any of the company wifh you to do that
thing ?

Mr. Bolron. Not at that meeting, but
afterwards .'■'ir Thunas did, my Lord, it
VGU will 2;ive me leave to go on.
L.C. J. What did he lay ?
Wi.\-. Bclron. He told me he would affift
me in the acl.
L.C.J. Who?

Mr. Bolron. Ruditon did •, and he told
me the Pope had granted him the power,
that I fliould have the benefit of abl'olution
if I would do it. 1 defired him not to per-
fuade me to do fuch a thing, for I would
have no hand in it ; then he quoted a
certain place of Scripture to me, wh.ch
was, " rhou fhalt bind their Kings in fet-
ters, and their Princes in chains." Where-
upon he concluded, and made this ex-
pofition, that tlie Pope had dcpofed the
King, and abfolved all his fubjefts, and it
was a meritorious aft to kill the King.
And that unlefs the King would turn Ro-
man Catholic, the Pope would give away
his kingdoms to another.
L. C. J. Well, go on.
Mr. Bolron. Then I told him I would
have no hand in that aft and deed, where-
ijpon he anfwered me again, you may hang
me if you pleafe for fpeaking thefe words.
No, Sir, faid I, I will do you no injury if
you do yourfclf none. So he bid me con-
fider what he faid, and come to him again,
but I did not.

L. C J. This was the 30th of May ?
. Mr. Bolron. Yes, and the fame day as
foon as I came down, 1 was told Sir Tho-
mas Gafcoigne had left order with his
fervants that I fliould not depart the houfe
till he came in, and I flayed there till about
fix of the clock.

L. C. J. Did not you live with him
then ?

Mr. Bolron. I lived a little way off the
houfe.

ON or TRIALS.

L. C. y. How far ?

Mr. Bolron. About a quarter of a mile.

L. C. J. Were you not his Icrvanr?

No, my Lord, not at that

you

long had
e bct'ore ?
of his fervice

Mr. Bolron.
time.

Mr. Juft. Jones. How
been gone our of his llrvi

Mr. Bolron. [ went out
about the beginning of July 1678.

Mr, Juil. Ptmbtrton. Did Sir Thomas
Gafcoit-r.e fend you into this g,illery ?

Mr. Bclron. Y'-s, my Lord.

Mr. Juft. Periherton. And there you
found Rufhton ?

Mr. Bolron. My Lord, he was not there
when I came, but he came as it were from
. h.ipcl.

/,. C. J. You were his fervant when all
the gentlemen met at his houfe }

Mr. Rolren. Yes, my i ord, I was.

L. C. J. When did you leave his fervicCj
fay you ?

Mr. Bolron. The ift day of July \6-j^.

L.C.J. And this was in May 1678,
was it not ?

Mr. Bolron. No, in (79) my Lord, laft
May. My Lord, I watched and flayed
till he came in, and took him a'; hr came
in. I went up flairs with him, and when
we came into his chamber he calls me to
him, and afked me what difcourfe had
pafied between me and Rufhton ; I told
him our difcourfe was concerning the (..-ath
of Allegi.nce, and the lawfulnefs, or un-
lawfulnefs of it. Then Sir Thomas Gaf-
coigne took me by the hand, and told me.
Well man, if thou wilt undertake a defign
that 1 and others have to kill the King, I
will give thee 1000 1. and I will fend thee to
my fon Thomas, if he be in town, but if he
be not in town, he faid he would give me
fuch inftrudions that I fhould find the reft
that were concerned in the bufinefs —

L. C. J. The reft, what ?
Mr. Bolron. The reft that were in the
plot.

L.C.J.

A COLLECTIO

Z>. C. J. That you fliould know where
to find them in London, you mean lb ?

Mr. Bolron. Yes, my Lord, if he were
gone beyond lea.

L. C. J. What laid you to him ?

Mr. BolroH. My Lord, I told him I
would have no hand in blood, and would
not do i'uch a wicked deed, and dcfired him
to perfuade me no more.. Then he dcfired
me of all love to keep fecret what he had
faid. But afterwards 1 recolkiied that it
was a very ill thing, and went immediately
to the Juftices of the Peace.

L. C. J. Ho.v foon did you go ?

Mr. BoliGii. Soon alter.

L. C. J. I'o whom did you go ?

Mr. Bclro}:. To Mr. Tindal, a Juftice
of Peace, and to Mr. Norioanton.

L. C. J. Did you make an oath there ?

Mr. Bclron. Yes, that Sir Thomas pro-
naifed me ;oool.

Li. C. J. .And for what purppfe ?

Mr. Bolron. For killing the King.

L. C. y, Did you put that. in the oath
you made ?

Mr. Bolron. Yes, my Lord.

L. C. J. What lime was this after tlie
dif^purfe .''

Mr. Bolron. It was about a week or fuch
a.time.

L, C. J. Was it the next day ?

Mr. Bolron. No.

L. C. J. Was it within a fortnight ?

Mr. ^6/ro». Yes, I believe it was, my
Lord.

L. C. J. Was it not a month ?

Mr. Bolron. No it was not above a fort-
night, for Sir Thomas Gafcoigne was appre-
hended in July, or thereabouts, I believe
my Lord.

L. C. J. But was that the firft time that
Sir Thomas ever fpal<e to you to kill the
King the goth of May ?

Mr. Bolron. Yes, my Lord.

Mr. Juft. Jones. You fay you left Sir
Thomas's fervice in July 1678 .''

Mr- Bolron. Yes, the ill day of July.

N o F T R I A L S. 375

L. C. J. How, did you leave him in

good frienJfhip }

Mr. Bolron. Yes, my Lord, in very
good friend (hip.

Mr. Juft. Jones. Were you in good coiv
refpondence ?

Mr. Bolrcn. I always went to his houfe-
to hear mafs, and oftentimes was there.

L. C. J. How came you to leave his-
feryice ?

Mr. Bolron. It was my own fault I left
it.

L. C. J. Why, it might be no fault
neither. But why did you leave it .''

Mr. Bolron. My Lord, it vvas becaufe
there was one Henry Addifon, and Bennec
Johnfon did feek to take my work and fer-
vice out of my hands. Sir Thomas Gaf-i
coigne did defire me to let them come in
to fee what they could do, and that I fhould
have my faliary, and that I fhculd githec
in his debts; I was willing to be rid of it, .
and told him they that looked after the pit
fliouil gather in the debts for I conceived

it would be but

a double charge

elfe

him,

Mr. Juft. Dolben. This is only how he -

k^ft Sir Thomas his fervice, Sir Thomas

thought the other men could do it better

than he, and fo faid he, then let them do-

your whole work-
Mr. Jult. Jones. But he fays he did

ufually refort to the houfe alter he had left

his ilrvice to h"ar mafs.

Mr. Juft. Dcli'-'n. They will alk him-

fome queftions, it may be.

L. C. J. Had yo '. any eftate of your own

when you left Sir Thomas's fervice.

Mr. Bolron.. Yes, I had a farm I rented.;

of Sir Thomas Gafcoigne.
L. C. J. What rent .?
Mr. Bolron. Fifteen pounds and a mark

a year, after I was married.

L. C. J. When were you married ? ■
Mr,. Bolron. In July (75). But after-
wards I was there, and did itill fervice.

Mr. Alt. Gen.

37^ ACOLLECTI

Mr. Alt. Gen. I think you have ibme
eftateof your own befuies that?

Mr. Bolrcf2. Yes I have 7]. a year.

Mr. yltt. Gen. Well, will you for Sir
Thomas afk him any queftions ?

Mr. R^bbington. No.

L. C. J. Mr. Bolrcn, pray what did the
Juftice lay to you when you made this
oath .?

Mr. Bolron. My Lord, thus, I was re-
folved to come to London, and make my
confefTion here, and defired I might fo do,
whereupon one of llie Jufticcs were un
v/illing, but at laft they laid I might do
■what 1 would.

L. C. J. You lay Juftice Tindal it was
fworn before, what did he fay when you
made the oath .''

Mr. Bolron. My Lord, as I remember,
he faid, he muft give the council an account
of it, and perhaps he fhouid not have an
anfwer of it in a month after, fo I thought
it was better to come to London, and make
a fpeedy difpatch of the bufinefs, for I did
not know but the Priefts in the mean time
might efcape.

■ L. C. J. But did Mr. Tindal do nothing
upon that oath that was made ?

Mr. Bolron. Yes, he did make out his
warrant for the apprehending of one.

L. C. J. Did he not make out a war-
rant for the apprehending of Sir Thomas
Gafcoigne ?

Mr. Bolron. My Lord, I think they
would have done it, but I defired I might
come to the council.

' Mr. Jull. Pemberton. Flow long after
came you there ?

Mr. Bolron. As foon as I could get
ready.

L. C. J. What time came you thither.?

Mr. Bolron. My Lord, I fet out upon
Monday, and came hither to London upon
Wedncfday.

■ L.C. y. Do you know what month it
was in ?

ON OF TRIALS.

Mr. Bolron. In June it wa?, I think.

L. C. J. And who did you come and
apply yourfelf to in London, when you
came there ?

Mr. Boh on. My Lord, I had a letter di-
refted from Mr. Juftice Tindal to his brother
Tindal in London, to carry me to the
council. I chanced to lofe this letter at
Ware, and lofing it there, I came to the
Green Dragon in Biftiopfgate-ftreet, I was
acquainted with the man of the houfe, and
having told him fome of my bufinefs, he
carried me before Sir Robert Ciayton, and
then we went to my Lord of Shaftltury
Prefident of the Council, and prefently got
an order of the Council about me.

L. C. J. How long was this after Dr.
Otes's difcovery ? When did Otes and Bed-
loe make their difcovery ?

Mr. Juft, Pemberton. This was a long
time after, in May laft.

Mr. Juft. Jones. Did Mr. Tindal take
your examination in writing ?

Mr. Bolron. He took a fhort thing

writing

Mr. Juft. Jones. Did you fet your hand
to it ?

Mr. Juft. Pemberton. He refolvcd to go
to the Council and tell them.

Mr. Bolron. I was not willing to tell the
Juftices all, for I had a mind to go to the
Council.

Mr. Juft. Jones. But you told them the
great matter of all. Sir Thomas's proffer to
give you icool. to kill the King.

Mr. Bolron. Yes.

Mr. Juft. Jones. Had you a leafe of your
farm under Sir Thomas Gafcoigne ?

Mr. Bolron. It was but a leafe parol.

Mr. Juft. Jones. For how long .?

Mr. Bolron. For nine years.

Mr. Babbington. May I have leave to aflc
him any qutftions .-"

Court. Yes, yes, you may.

Mr. Babbington. You fay you had a leafe
of the farm, u leafe parol.

Mr.

A COLLECTIO

Mr. Bclron. Yes, I Iiiid To.
■ Mr. Serj. Maynard, Counil-l mufl: not
be allowed in matter of faift, my Lord.

L. C. J. But, brother, this man h.ith
made a long narrative.

Mr- Serj. Maynard. Ay, and a fiirevv'd
one too.

L. C. y. His evidence is very great,
and Sir Thomas Gafcoigne does not hear
any one word.

Mr. Bvlron, One thing more I would
fpeak to. It was in September 1678, a
little before the difcovery of the plot, I did
hear Sir Thomas Galcoigne fay, and tell
.my Lady Tempeft, that he would fend
150I. to Dolebank in hopes the blow
would be given fhortly,

Mr. Serj. Maynard. That is the fame
word ufed by all the witnefles.

L. C. J. When was this ?

Mr. Bolron. In September 78 ; the plot
.was not known by us to be difcovered then,
as I know of.

L. C. J. Who did he fpeak it to ?

Mr. Bolron. To his daughter, the Lady
Tempeft.

L. C. J. What fad fhe ?

Mr. Bolron. She feem'd to like it very
well, I did not hear any thing to the con-
trary : and I heard a letter read afterwards
from Cornwallif, that he had receiv'd it,
but ic was too little for the carrying on
lb great a defign.

L. C. y. Who is Cornwallis ?

Mr. Bolron. And it was for the arming
the poor Catholics when the blow fhouid
be given.

L. C. y. Is his daughter living ?

Mr. Jt. Gen. Yes, fhe is out under bail.

Mr. Recorder. My Lord, I fliall defire
to aili but one queflion, which concerns
the prifoner at the bar : how long after
the difcourfe that you had jwith the priefl
in the gallery, was it that Sir T. Galiroigne
fpoke to you of the fame thing ?

:.' Vol. I. No. 16.

N o F T R I A L S. 377

Mr. yii/l. Pemberton. Mr. Recorder, if
you afk him but one queltion ; let it not
be that whicii he hath anfwer'd before ;
he fays the fame day.

Mr, Hshart. I defire to afk him one
queftion.

Mr. yuft. Pemherton. No, tell Sir Thomas
firil what he hath laid, and fee if he v/iU
afli any queftions.

Mr. Hohart. Sir Tliomas, here is Mr.
Boll on. hath given evidence againft you,
will you afk him any queftions ?

Mr. yt4ft. Peniberton. Read your mi-
nutes to him.

Then Mr. Hobart repeated the firft part,
about his comino; to Sir T. Galcoigne's
fervjce, and the Colliery Conveyance.

Mr. yufl. yones. Afk him if he will
afk any queftions upon this part, [which
he did.

Sir 7. Gafc. No, 'tis no .great matter
at all, for it is true; when 'twas I can't tell,
there was iomcthing I did feal to Sir
William Ingleby, and fume money I hud
of him.

Then Mr, Hobart repeated his faying
to Metcalfe, he would fend 3000I. to the
prielts in 7.6. '

Sir T. Gafc. ITovv comes that, I deny
that utterly.

Mr. Bolron. 'Tis all true that I have
faid by the. oath that I have taken.

Sir. 7. Cafe. There is no fuch thing at all.

Mr. Hohart. He fays it was return 'd by
Mr. Phifwick. . '

Sir T. Gd:Jc: Phifwick was a fervant to
me, and return'dfome money for me fome-
times, but it was all for my children, my
fons, and my daughters, and my kinf-
people, to whom 1 paid annuities, but it
was. a faf /:^ei4t^r fu;n the whole than
^oboh and for one great -f.in of loool,
you know how h: was dilpos'd of.

Mr. Hobart. Vlt fays, that .in the be
ginning of 77, you faid you had return'd
this 5000I. .CO London, and if you had a
5 D thoul'and

together

thing as killing the King,

fay any i'uch thing ?
:.. Mr. Bolron. Ic was in your own dining-
nroom, and in your own chamber.

.. Mr. Juft. Pemberton. He did not fay fo,

I think, about their meeting.

L. C. J. Yes, he fays they all met at

his houfe, and there they had difcourfe of

killing the King. In what room was it ?
Mr. Bolron. In the old dining-room.

378 A COLLECTION

ttiouHind times as much, you would give
ic for i() good a caufe.

Sir T. G.-'fr, I never faid any f\ich thing,
never though: of any fuch thing in my lite.

L. C. y. Now tell him of the meeting
at Barmbow.

Mr. Hohart. He fay?, in the year 77
there wcxc feveral gentlemen met at your
houfe at Barmbow.

L. C. J. Name them. [Which he did

Mr. Hobari. Thcfe were all
with you.

Sir -T. Gafc. Ko fuch matter at all.
, Mr. Hobari. And he fiid allthefe per-
fons did difcourfe with you about the ef-
tablilhing a nunnery at Dolebank, and an-
other at Heworth, and another at Brough-
ton.

Sir 'T. Gafc. Not one word of all this
is true.

L. C. J. Tell him what he faid concern-
ing killing the King.

Mr. Hcbart. He fays that the nunnery
was eftablifh'd at Dolcbank, and fuch and
fuch were nuns.

Sir T. Gafc. He may fay what he will,
but not one word of all this is true.

Mr. Juft. Dolbcn. But you fkip over the
main thing, what the gentleman refc^lv'd
upon at that meeting.

Mr. Hobart. He fays, thefe gentlemen
did refolve the bufinefs fliould go on for
the killing of the King, and that they
would venture their lives and elates for it.

Sir T. Gafc. I never heard of any fuch

Sir, did I ever

O F

Sir T.

TRIALS.

Gafc. I deny it utterly •, there
was no fuch thing : fome perfons might be
at feveral times at my houfe, but no fuch
meeting, nor words at all at one time or
other.

Then Mr. Hobart told him of Mr. Gai'-.
coignc's and Mr. Middk'ton's lict'nks to
go to London, and intention to go to
France.

Sir '7'. G'^fc. 'Tis very true, my fjn did
go to London for that end.

M:-. Hobart. And fo Air. Middleton,
upon pretence of receiving rent.

Sir T. Gafc. I cannot tell about Mr.
IvIidJleton.

Mr. Hobart. He fays, your fon would
immediately fly into f ranee, and commie
the defign into other hands -, and you faid
you approv'd of ir, and this he heard you
dilcourfe very plainly.

Sir 1\ Gafc. But I plainly deny it all.

Mr. Hobart. He fays you bid him go
up (the 30th of May) to the gallery to Mr.
Rufhton.

L. C. J. No, not to him, but when^hc
was in the gallery, Rufliton came to him.

Then Mr. Hobart repeated the difcourfe
with Rufliton about the oath of allegiance.

L. C. J. You need not tell him what
Rufhton faid.

Mr. Julh Dolbcn. Yes, my Lord, ic is
convenient.

. Mr. Bolron. For I told him our dif-
courfe about the oath of allegiance my felf.

Then Hobart repeated Sir Thomas's
further difcourfe and proffer to him.

Sir T. Gafc. There is nothing of all this
true : he might come there and talk with
any body, for what I know, but I was not
with him. '? "•''•*

L. C. J. But aflc him what lie fays to
this, that he proffered him 1000 1. to kill
the King ? [Which he did.

Sir T. Gafc. Where fhould you be paid
it?

Mr.

A COLLECTION

Mr. Eolron. I would not undertake the
defign.

Sir T. Gt'fc. Did you ever know I was
mailer of 200I. together in my life?

Mr. Eolron. Yes.

L. C. J. Tell him, he f^ys he would not
undertake ir, and therefore it was in vain
to appoint, where.

Sir 'T. Gafc. I utterly deny it all, upon
.my life, that's e'en jull like the .reit, I
never heard it before.

L. C. y. He puts it to you. Whether

OF TRIALS,

379

ever you law him have 200 1. together?

hlr. holron. I have feen 500I. at a time
in the houie, and I have feen in Phifvvick's
hand 700 1. [Which wi'; repeated to him.
Sir 1. Gr.fc. What Phifwick might have
of other mens monies I do not know, he
never had lo much money of mine.

Mr. Eolron. My Lord, Sir T. Gafcoigne
I believe hati at that time at lead 1 200I. a
year of his own ellate. [Which was re-
peated to him.

Sir T. Gaj'c. I vviih he would make it
good.

Mr. Boh on. My Lord, 'tis true enough,
I believe he had fettled fome eftate upon his
.fon, about 600 1. a year.

Ij. C. J. I can't tell what becomes of the
Papifts ettates, nor how the Priefts drain
them, but there are men of very great
eftates among them, but they arc greatly
in debt.

Mr. Hcbart. Will you j.fk Mr. Bolron
any qucftions ?

Mr. Jufl;. Jones. You have not repeated
to him one part of the evidence-, That in
September 7 G, he faid to my Lady Tem-
■.peft, he would fend 150!. to Dolebank, in
hopes the blov/ would be given fhortly.
[VVhich was then repeated.

Sir T. Gafc. I know no fuch thing at
all ; there is not one word of all this true.

Mr. llobarl. Will you afk him any
■quellions or no ?

Sir T. Gafc. I know not what queftions
to afk, but where the money fliould be
paid .'

L. C. y. That can be no quedion, for
the thing was never undertaken.

Mr. Jn. Ga:. Then pray, Mr. Mow-
bray, tell your knowledge.

Mr. Moivbray. My Lord, and you Gen-
tlemen ot the Jury, 1 came to Sir Thomas
Gafcoignc's in the beginning of the year
1674.
L. C. y. Were you his fervant .'
Mr. Moisjh-ray^ Yes, my Lord, but
never an hired Icrvaiu.

Z,. C. y. In vyhat quality did you ferve
him.

Mr. Mowbray. In his chamber, my Lord,
and continued with Sir Thomas until 76,
in which time I did obferve Mr. Thomas
Addilbn, a Prieil, Fincham, a Priell, Sra-
plcton, a Prieft, Kiliingbeck, a Pried, and
Thv».iiig ti.e elder and the younger feveral
times to vifit and confer with Mr. William.
j Rufliton, Sir T. Gafcoisne's Confeffor.
I L. C. y. Were you a^Papift then ?
Mr. Mowbray. Yes, I was.
L. C. y. Are you one now ?
yir. Adowbra''. No.
L. C. y. Well, go on then.
Mr. Mowbray. I being very diligent in
attending Mr. Kuditon at the altar, (be-
came in great favour v/ith him, and was
permitted to be in the chamber when the
Prieds were in private wiih him, and I
heard them often talk and difcourfe of a
defiga laid for fetting the Popidi religion
uppermod in Engknd, and how like^the
fame was to take eftecl in a fiioit time
L: C. y. Who did fpeak it ?
Mr. Mowlrrfy.' The Priefts in private
with Mr. Kufliton : I fpeak now, my Lord,
of the plot in' general^ I conie to Sir T.
Gaikoign6 annn.

L. C. y. When ? In what year was this
difcourfe ?

Mr, Mozvbray. In 1676.

L. c. y.

3 Bo

A COLLECTION of TRIALS.

X. C. J. Well, what faid they ?

Mr. Mowbray. . Why they difcourfed
concerning the letting vip the Popifh re-
Jigion in England, and how like the fame
was to take effect, and fucceed, in regard
that mod of the confulerable Papifts in
"England had engaged to aft for it, and if
it could not be done by fair means, force
xnuft be ufcd ; and particularly declared,
1 hat London and York were to be fired.

L.C. J. In 76?

Mr. Mowbray. Yes.
- L. C. f. What? Would they fire it
again ?

Mr. Moivbm. AvA 1 heard tlicm often
fay. That the King in exile had promiled
them

L. C. J. Did they fay the city was to be
fired a fecond time ?

Mr. Moiubray. Yes, to further their in-
tention.

Mr. Serj. Maynard. It was cffeiSted in
5outhwark.

Mr. Mowbray. And they did atfo de-
clare, That the King, when he was In his
exile, had promifed the Jefuits beyond fea
to eftablidi tlieir religion whenever he was
reftored •, which they now defpaired of,
and therefore he was adjudg'd an heretick,
and was to be killed.

L. C. J. Who did fay this .?

Mr. Mcv:hray. The Priells.

L. C. J. Who was the heretick ?

Mr. Mowbray. The King. Alfo I did
hear Mr. William Rufhton tell Addifon
and the reft of the Priefts

It was Rulhton, Rufhton and Addifon
were together, and he did declare to Mr.
Addifon, that according to agreement, he
had given the oath of fecrecy and tlie facra-
ment to Sir T. Gafcoigne,Efqviire Gafcoigne
his fon, my Lady Tcmpcft his daughter,
Mr. Stephen Tempeft, and had communi-
cated the whole defign to them.

L. C. J. Were you by when he faid
this ?

Mr. Mou:hray. Yes, in his chamber.

L. C. J. How long after thedifcourfe of
the Priefts was this ?

Mr. Mowbray. My Lord, he told them
he had done it according to agre-emenc
before ; and tliey did approve of if, and
had I'cverally engaged to be aftive, faithful
and fecret, and would do to die iitmoft of
their powers, as far as their eftares would
permit, to eftablifh the Roman Catholic
religion in England: And about Michael--
mjs,ii 676 there was another meetingofthefe
Prieftp, and others, where they declared.
That the King was an heretic, and that the
Pope had excommunicated him and all
other heretics, in England, Scotland and
Ireland, and that force v.'as to be made uTe
of.

Jufl. Bolben. When was that. Sir?

Mowbray. About Michaelmas 1676. '

Juft. Jones. You were his fervant then ?

Mowbray. Yes, my Lord : And then
did Ruftiton produce a lift of names, of
about four or five hundred, and he read
them over, all of whom, he faid, were en-
gaged in the defign, and he did read the
names of Sir T Gafcoigne, T Gafcoigne,
Efq; my Lady Tempeft, Mr. Vavafor,
Sir Francis Hungatt, Sir J. Savile, the two
Townlcy's, Mr. Sherborne, and others.

L. C. J. Did you f«e this lift ?

Mowbray. I faw feveral fubicriptions to
it, and among the reft I faw Sir T. Gaf-
coigne's own hand.

L- C. J, Do you know it ?

Mowbray. Yes, very well. •

L. C. J. And upon the oath you have
taken, do you believe that was his hand to
the lift ?

Mowbray. Yes, my Lord, I do belieVe
it was his hand.

L. C. J. Did you know any other hand^ ?
Do you not know his fon's hand ?

Mr. Mowbray. No, nor any but Sir T.

Gafcoigne's.

L,c.y.

A COLLECTION op

L. C. J- It was in feveral hands, was it
not?

Mowhray. Yes, it feemed to me to be
fo.

Z-. C. J. What did- they fiibfcribe to do?
.'hAx. ]\.\*^. P ember UH. This, vvas in77 ?

Mozvbray. No, it was about Michaehnas,
1676.

L. C. J. What was it for ?

Mowhray. The title of it was, as I re-
member, " A Lift of them that are engaged
in the Dcfign of killing the King, and pro-
moting the Catholic Religion."

L. C. J. Was that writ on the top ?
■ Mr. Juft. P ember ton. They were, words,
J fuppofe, to that effeft.

Mowhray. Yes, it was to that effect, my
Lord.

L. C- J. Was it mentioned in the lift,
for " killing the King?"

Mowbray. Yes: And then they declared
alfo. That the Pope had given com.miflion
to put on tlie defign, and profecute it as
quick as they could j and that he had given
a plenary indulgence of ten thoufand years
for all thole that fliould aft, either in perfon
or eftate, for killing the King and fctting
up the Romifh religion in England, befides
a pardon and other gratifications : And fo
much as to the plot in general. Now, my
Lord, I come to the particulars, as to the
prifoner at the bar. Sir T. Gafcoigne.
About Michaelmas, 1676, much about that
time, there was Sir T. Gafcoigrje and his
fon, my Lady Tempeft, and Ruftiton the
Prieft together ; where 1 heard them hold
feveral difcourfes of this defign about
killing the King, and firing the cities of
London and York -, and Sir T. .Gafcoigne
did declare and affure Mr, Rufhton, tlyt
he would not fwerve fi'om wjiat he had
faid, but would keep to the oath of fecrecy
he had given him, and that he would do to
the uttermoft of his power for the killing
the King, and the eflablifhment of Po-
pery.

Vol. L No. 1 7.

TRIALS. 3S1

L. C. J. Were you in the room ?

Motvbray. I ftocd clofe at the door,
where I heard very well, the door was not
quite fliut.

L. C. J. They did not know you were
there ?

Mowbray. No.

L. C. J, I'hey would not truR you vv-ith
it then ?

Alowbray. They did not know I was
there. And they did unanimouQ/ con-
clude. That it was a meritorious under-
taking, and for the good of the church,
and they would all venture their lives and
eftates in. it.

L. C. y. Rufliton was there, was he not?

Mczcbray. Yes, Rulliton was there; and
Dr. Stapleton, a Prieft, coming from ano-
ther door, and finding me at the door, went
in and defired them to fpeak lower, for
there was one at the door : Whereupon my
Lady Tempeft- called me in, and ordered
me to go below and entertain iome ftrangers:
So much for the particulars concerning Sir
T. Gafcoigne.

Mr Juft. Petnberton. Was Sir Miles
Stapleton there at that time ?

Mowbray. Yes, he was there.

L. C. y. Where ?

Mowbray. In an upper room.

L. C. y. ^^1io were by ?

Mowbray. Mr. Gaifcoigne, and the
Prieft, and my Lady Tempeft.

L. C. y. This is all you fay ?

Mowb'-ay. Yes, fo far as to the particu-
lars of this matter.

Mr. Serj. Maynard. Have you any more
to fay,

Mowbray. No, no more but thefe parti-
culars, unlefs fome queftions be a{l<ed.

Then Hobart began to repeat this evi-
dence to. Sir T. Gafcoigne, how he came
to be his fervant.

Sir •/. Gafc. He came as a boy to .me
without hiring.

Tkea
5 E . :i..:

382 A C O L L E C T I O

Then Mr. Ilobart reptrated the PriclVs
difcourfe at Rufluon's.

Sir T. Gafc. I deny it all.

L. C. J. He was not prefent, this was a
difcourfe among themfelves.

Then Hobart told him about the oath of
fecrecy, and the facrament.

Sir T. Gafc. No, there is no fuch thing,
there is not a word of it true.

L. C. J. Then tell him of the lill:.
[Which was done.

Sir T. Gafc. 'Tis a moft impudent lie.

Mr. Hobart. What fay you to your hand
being to that lift ?

Sir -T. Gafc. Not one word of it.

Mr. Hobart. But he fays 'twas your
name to it.

Sir T. Gafc. He had a pair of fpeftaclcs
on fure that could fee any thing : Was it a
printed lift', or a wriiten one?

Movsbra-^. It was written, your name
was put to it, with your own hand-writing.
[Which was told him.

Sir T. Gafc. He makes what he will.

Then Mr. Hobart repeated Rufliton's
declaring that he had given him the facra-
ment of fecrecy.

Sir 1. Gafc. I'll warrant you he hath
gotten this oath of fecrecy out of the news-
books •, for I never heard of it before : Let
me aPK thee : Didft thou ever hear it before
you came to L-ondon }

Moivbray. Yes, Sir Thomas, I did.

Mr. Hobart, But will you afk him any
queftion ?

Sir T. Gafc. No •, it is all falfe he fpeaks,
not a word of truth comes out of his
mouth.

Mr. Serj. Maynard. My Lord, we will
now go on to another piece of our evidence.

Sir T. Gafc. I muft leave it to the jury
to take notice of their converfations and
mine.

Mr. Serj. Maynard. Whereas he fays he
was never owner of 200 1. together, v/e will
produce his own almanack under his own
hand.

N OF TRIALS.

L. C. J. Do it, and we will fhew it him,
and ice what he lays to it.

Sir T. Gafc. Why did he not difcovcr it
before ?

Mr. Hobart. If your Lordfliip pleafe.
Sir Thomas defires he may be aflied. Why
he did not difcover it before.?

Mowbray. Becaufe the Papifts did threat-
en me at fuch a rate, and I being a fingla
perfon againll them, durft not.

L. C. J, When did you firft difcover it ?

Moivbray. It was about Michaelmas laft:
The Papifts did threaten me, that if 1 did
difcover it they would take my life away.

L. C. J. When did you turn Proteftant?

Moivbray. When the plot broke out,
then I took the oaths of Allegiance and Su-
premacy.

/,. C. J. Why did you not difcover it as
foon as you turned Proteftant?

Mo-vchray. My Lord, I was not in a con-
dition to make any friends, or come up to
London upon fuch an account : Befides,
my Lord, they did threaten me, and parti-
cularly after the plot was come out-, Addi-
fon did threaten me.

L. C. J
fore the plot broke out.

Mr. Juft. Bolben. So long he continued
a Papift, and then he would not difcovcr.

Mowbray. This Addifon was often with
me, and he flattered me, and made me
continue a Papift, left I fhouid difcover it.

L. C. J. Where is he now ?

Mowhray. He is fled.

L. C.J. What faid Addifon when yoti
did turn Proteftant ?

Mowbray. He Hiid if I did difcover, he
would take away my life.

L. C. J. I wonder they did not give you
the oath of fecrecy.

Moivbray. Yes, my Lord, I did rcceiv*
it from Ruditon's own hand.

L. C. J. When?

Mowbray. In 76.

L. C. y. Who received it with you ?

Mowbray.

But this was a great while be-

A COLLECTION

Mowlray. It was given to me after the
communicants were gone iVom the chapel.

L. C. J. What was the oath ?

Mowbray. He rcferved the lacrament for
mf, and fwore me by it, that I fhould be
faithful and fecret, and lliould not reveal
any difcourfe I was privy to.

L. C. J. Reveal no difcourfe j what dif-
courfe did they mean ?

Mowbray, Thole difcourfes when the
Prielts were in private with him.

Then Sir T, Gafcoigne's Almanack was
produced.

Mr. Jit. Gen. Who proves Sir Thomas's
hand .'' is this Sir T. Gafcoigne's hand ?

Bolron and Mowbray. Yes, it is his hand.

L. C. J. Shew it hmi himfelf. [Which
was done.

iVir. Hobart. Is that your hand ?

Sir -r. Gajc. Yes, I think I law it at the
Council-table ; this is my writing, and I
will jullify every word that is written there.

Mr. Alt. Gen. Read that one place.

Clerk. The 15th to Peter for lool. to
Corker.

Mr. Jtt. Gai. If your Lordfhip pleafe, I
defirehe may be aflced what that lool.v/asfor.

Mr. licbart. Look you here. Sir, did
you order lOol. to be paid to Corker 'i

Sir 'r. Gafc. It may be I did.

Mr. Hobart. What was it for ?

Sir T. Gc.Jc. For the portion of a child I
had.

Mr. Hobart. What child was that ?

Sir T. Gafc. I know not who it was,
Mary Appleby, I think.

Mr. Alt. Gen. Pray aflc hi.Ti how it came
to Corker's hands ? Why it was returned
to Corker ?

Sir T. Gafc. I know not that, becaufe
•we did not know where the lived, flie vyas
beyond fea.
• Mr. Hobart. Where is fhe ?

Sir S. Gale. She is at Paris.

Mr. Alt. Gen. Here is another book of
his that does make mention of 900 1. to Mr.
porker, upon agreement between them.

OF TRIALS. 3^^.

L. C. J. Afk him how much money he
niight return to Corker from time to time.
[Which was done.

Sir -T. Gafc. My Lord, I don't know,
we have been feveral ^ears returning of
money.

L. C. J. Hath he returned 8 or 900I. in
all?

Sir T. Gafc. No, I don't thin!:fo much.

Mr. Alt. Gen. Pray afk him how much
was Mrs. Appleby's portion t

Sir T. Gafc. Indeed I can't certainly fay;
but as the rents came in I was to pay
feveral fums to feveral perfons, it was looj.
a year to that Mary Appleby, it may be
2000I. in all from firft to laft, but I Piiall
fatisfy you about that.

Mr. Alt. Gen. Will you fatisfy us anon
why 900 1, was paid in one year.

Then the book was fnewn to Sir Thomas,
who owned it to be his hand.

L. C. J. Read it.

Clerk. Q, Of Mr. Corker what bills, for
how much, and to Vv'hom direifted, he hath
received of me fince the 2 i ft of July, 1 677,
to June, 1678. vid. the book, p. 45. ancl
the great book, fol. 54. where you may
find P. for 900 1. and agree in this accom.pt.
Corker, the 7th of Auguft, 1678.

Mr. Att. Gen. Firft he makes a ^ere,
how much he .returned, and then fays he,
the 7th of Auguft I and Corker agreed.

L. C. J. Let hirn read it himielf. [which
he did.

Mr. Hobart. V.'hat fay you to that, that
you lent fo much money to Corker ?

Mr. Juft. Pevibcrton. You muft under-
ftand he is one of the Priefts,,and Bolron
fwears, that he intended to lend 2000 1. and
by 300 1. a piece, he reckons up 900 1.

S_ir T. Gifc. It was a great many 'year*,
and feveral times. ,

L. C. J. Tell him it was between July
77, and June 78.

Six 'T. Gafc. That does not appear.

Mr. Att. Gen. Yes, it docs, by the book.

Mr. Jr.ft.

3f?4 . A C O L L E C T I

Mr. J oil. Vcibeii. TIkp. hov/ came you
tt^ return 900I. in one year to Corker ?
' ' Mr. Scrrj. Maymird. A\v\ never had 200I.
he Jays togeth'er. '

is,lr._/ilt. Gen,. Then here is anotlier paf-
i'lce in this book, if 't ; l: s!"-- your Lord-
-i)i!p:to have it, read.

Clerk. Take He-.vorth at an c.dy rent of
widow — and pufchafcthe reverlion.of Crad
■dork — and in the interim Dawfon.

iMr, Juft Dolbcn. Af!-: him what lie did
ir.ean. by raking of He worth.?

Sir T.Gafc. I took no houfe there.

Mr. Juft. Dolben. But he did agree to
buy the reverfion ot it.

Sir t. Cajc. It was for my niece Thwing.
She was born in the houie, and was very
■defirous to be in the houre.

Mr. Juil, Bolbtn. Ay : But why did he
t,ake the leafe of the widow, during her
jointure, and why buy the reverfion ?

Sir -7. Gafcoigm. I know no reafon but
my aQcftion to her.

Mr. Alt. Gen. Afi-; him who he did in-
tend Ihould live in the Jioufe?

Sir '7. Cafe. Nay, I t'.on't know what
xhey intended my niece Thwing.

Mr. Juft. Dolben. Did you intend to buy
k for yourfeU' ?

Sir T. Gaje. No, I lent her the money.

Mr. Juft. Dolben. Did you intend i-t for
her?

Sir 7^. Cafe. I might do v/ith it what I
v;ould.

Mr. Alt. Gen. Aflc him if his niece
Thwing was a fingle woman, and was to
have the whole houle to herfclf ?

Sir 1. Gajc. She had her brother with
her.

Mr. Hobart. He fays Mrs. Ellen Thwing
was a nun, Mrs. Laflcis was to be Lady
Abbefs, Mrs. Bcckwith was her affiftant,
and Mrs. Cornwailis and others were nuns.

L. C. J. Afl<: him if Mrs. LalTels was
not to be Lady Abbefs and live there ?

5ir ^. Qajc. 1 know nothing of it.

ON OF TRIALS.

Mr. Alt. Gen. Afic him if there was not
one Mrs. Bsnningfield to be there.''

Sir r. Cafe. No.

Mr.. Bolron. Yes, flie v/as to be there.

Mr. Jull. Jones. Why, do you know any
thing of her?

Mr. Alt. Gen. She is in York goal.

Mr. Bolro'i. No, flie is g<;nc from thence.
My Lord, Ellen Thwing was a nun, and
was fent for from beyond fca to inlfrufl all
them that (hould be made nuns, and this
Father Corn^^allis was Father Confefibr to
the nuns. He is now in York goal, taken
with two women.

Mr. Juft. Jones. Ask him what he meant
by that writing in the Almanack ?

Sir T. Cafe. I did write things here for a
memorandum to help and affill my niece,
and the poor children of my brother; and
fo the widow that was Sir Walter Vavafor's
fifter, was to fell the houfe, and one Crad-
dock meant to fell all the Lordfliip; and
the children were defirous to keep the
houfe, and fo they bought the houfe and
one clofe, and all the reft was fold ; fo T
writ it only that they fliould have the
afiiftance of Sir Walter Vavafor to have the
hou'e.

Mr. Juft. Dclben. Pray ask him what \\t
means by the words, " in the interim Daw-
fon."

S\r T. Gafc. Nay, what do I know.

L. C. J. Ask if Mrs. Thwing were, not
a nun ?

Sir 'T. Gafc. They did defire if they
could not get that houfe, they might have
an other houfe.

Mr. Juft. Dolben. And all this for Mrs,
Thwing. Ask him if flie was not beyond
fea, and kept in a nunnery ?

Sir T. Cafe. Nay, I can't tell what fhe
was.

Mr. Alt. Gen. Here is another note irt
this Alm.anack, pray read it. It was firft
fhewed to Sir T. Gafcoigne, who owned it
to be his hand.

Clerl:,

A COLLECTION

TRIALS.

Clerk. Mr. Harcoiirr, next houfe to the
arch within Lincohi's Inn-Fields, Mr.
Parr's.

L. C. y. No queftion but he was ac-
quainted wit|i all the Priefts about the
town, and had direflions to write to
them,

Mr. Juft. PembertGH. He hath been
Prleft-ridden by them, that is plain.

Mr. Recorder. Af!<. him what he means
by the lall mark there fet under London ?

Sir T. Gafc. I can't tell what it is, \\s a
query.

Mr. Jtt. Gen. In the Almanack there is
a memorandum to acquaint Mr. Thwing
•with the whole dcfign, what ic was I can't
tell.

L C. y. Ay, Pray let's fee that.

Mr. Jti. Gen. This Thwing ii a Pried,
in Newgate at this time.

Clerk. The 15th of .'^pril 1676. memo-
rand. Acquaint Mr. Thomas Thwing with
the whole defign,

L. C. y. Now fliew him that.

Sir T. Gafc. Look you, what is it you
would have ?

Mr. Hobart. What defign was that ?

Sir 2". Gafc. It was my providing monies
for him and his fifler, that they fhould tell
how to purchafe the houfe.

Mr. Att. Gen, What, a Prieft and a
Nun?

Mr. Jufl. Bolben, They had vow'd con-
trary to that.

Mr. Juft. Pemberton. Afk him whether
Tliwing be not a Prieft ?

Mr. Hobart. Is this I'hwing not a Prieft.?
Thomas Thwing?

Sir T. Gafc. No, it was Ferdinando
Thwing, that is now dead.

Mr. Att. Gen. No, but this is Thomas
Thwing: Is he a Prieft ?

Sir 7. Gafc. I do not know, what have
I to do.

L. C. y. Then confider how likely it was,
he was to purchaie an h(^ufe for a Prieft

Vol. I. No. 17.

3S5
for feme fuch bufinefs as is

o F

and a Nun,
Iworn.

Mr. Hobart. He fays no, my Lord.

L. C. y. What is the meaning of
then.

It
whole

defign

that he Ihould name the

Mr. Hobart. He fays it was the brothers
and fifters that lived next door to him.

/--. C. y. Ay, but 'tis faid. Acquaint
Thomas Thwing with the whole defign.

Mr. Hobart. He might acquaint Thomas
Thwing with fuch his intention.

Mr. yitt. Gen. We will now fhew your
Lordfliip a letter, taken among the papery
of Sir Thomas Gafcoigne, wherein is this
provifo, talkingof the fettlement, " In the
formal fettlement, let this provifo be added.
If England were converted, then to bedif-
pofed fo and fo."

L. C. y. Mr. Bolron, how came you by
that paper ?

Mr. Bolron. I took this paper in Sir
Thomas Galcoigne's Chamber, with feveral
others, I remember fome had his hand to
them, others had not, and fome were
figned Pracid, and fome Cornwallis.

L. C. y. Is there any mark of his hand
to that paper ?

Mr. Att. Gen. Yes, there is a mark in
this, of Sir Thomas's own hand, the Word
(Yes) in the Margcnt.

Clerk. Dolebank, June the 9th, 78,

Moft Honoured Sir,
AfTER moft grateful acknowledge-
ments of all your charitable favour,*;, as to
my own particular ; I am alio herewith to
prefent moft inimble and heartieft thanks
on behalf of your niece, and Mrs. Haftin^s
here, who both would efteem it a great
happinefs to fee you, here, as alio my lady,
your honoured daughter, to whom v,e be-
fecch our humble refpefts may be prefented.
I have fent the paper fafely to good Mrs,
Beddingfield, from whoQi Ihortly you will
5 F have

A COLLECTION of TRIALS.

have religious acknowledgments. I told
Jier, th.it I fuppofcd you would judge fit-
ting to iniert into the formal writing the
■provilb, viz. That if England be con-
verted, then the whole 90I. per annum is
to be appl'c'd here in Yorkfhire, about, or
at Heworth, &c. The which, doubclcfs,
v.'ill be acceptable unto her, and as much
to God's glory as pofiibly can be imagined.
Now, dearth Sir, let me not be too much
troublefome, lave only to wifli you from
his Divine Majcfly, for whole cverlailing
glories greater praife and honour you do
this moft pious aftion, the happy enjoy-
ment of that glory everlafting. I would
laftly advife you in God's holy name, to
compleat the bufmefs by drawing the formal
writing as foon as poffible; and with-
y ES. out making any material alteration
from what you have already figned,
fave only the provifo above written. I
fhould be glad to know concerning the
receipt hereof; and wlien Sir Miles and
your fon are likely to attend you to finifl:
the bulinefs : As alfo when Mr. Pierpoint
fliall be arrived. Thefe good religious are
very defirous v/ith your approbation (and
Mrs, Bed. at my coming from her wifhed
the fame) to try for a removal to Mr.
Dawfon's ; the impediments here being ef-
fential, as the houfe incapable to receive
more fcholars, with many other inconve-
niences alfo. Time permits no more, only
we again exprefs our earned: defires to fee
your honour here with my lady, as the
greateft fatisfliction we can defire : I re-
member you hinted to Mrs. Bedding not
long fince, that perhaps you might fee her
at Hammerlmith, and how much eafier you
may come hither, we earneftiy bcfeech you
to take into confideration to the purpole.
Moft honoured Sir,
Your honour's moll obliged

faithful fervant,
JO. PKACJD.

L. C. J. I think 'tis pretty plain, there-
was a defign of erefting a nunnery.

Mr. Scrj. Mc.yvard. If li.iigland is con-
verted then the whole qoI. a year to be em-
ployed in Yorkfliire about a rotten houfe,
which would be much for God's glory.

L. C. J. What other evidence have you?

Mr. Recorder. If your Lordlhip pleafe,
v/e have another letter dated from York
Caftle, and the backfide of the letter is in-
dorfed by Sir Tho. Gafcoigne's own hand,
the time when he received it.

L. C. y. When was it ?

Mr. Recorder. The laft May, he dates it
from York Caftle, where he was in priion,
and therein gives Sir Thomas an account
of the opinion of the Doctors of Sorbonne
about th.e raking the Oath of Allegiance.

L. C. J. No doubt all of them do not
approve cf it.

Mr. Juft. Dolbat. As I believe this fame
Pracid was the occafion of fo many gentle-
men refufing the Oath of Allegiance, I
convicted above forty of them in that
country for not taking of it.

Mr. Serj. Maynard. Nofcitur ex ccmite.
You fee if this be the eftedlofit, what
reafon we have to rid ourfelves of thefe
Priefts. One that dares write fuch a letter,
and 'tis found in Sir Thomas's ftudy.

Mr. Juft. Femherten. And Sir Thomas's
own hand on the back of it.

Mr. Serj. Maynard. My Lord, under fa-
vour, I do take it, that the debauching of
men in point of confcience, that they may
not take the Oath of Allegiance, is to {zt
them loofe from the government, and loofe
from the King, and make them ready to
arm when they have opportunity.

Mr. Juft. Vemherlon. No doubt of it,
brother.

L. C. J. All the Jefuits fay they may not
take it, but fome of the Sorbonnifts fay
they may.

Mr. Juft. Pemherton. But now you fee
they are againft it.

L.C.J.

A COLLECTIO

L. C. J. Some will, and fome will not,
allow it.

JVlr. Juft. Jones. They take or leave
oaths as it is convenient for them.

Then the letter being fiicwn to Mr.
Mowbray, and the indorfemcnt acknow-
ledged to be Sir Thomas's hand, was
read.

Clerk. York Caftle, May the 24th.

Honoiired and ever dearefi Sir,
LONGER time having pafled fince your
laft writing, it is fit to inform you how
God's holy Providence difpoles concerning
us. All the out-priloners being called into
the caftle, (as you may have heard) Mrs.
Haftings's room was needed, and fo flie
went into Caftiegate to refide at the former
lodging of one Mrs. Wait, ('who is now in
the gaol) where flie remains with Mrs.
Wait's two children and their maid-fervant,
teaching the children, as formerly ; alio
the Moor's niece goes daily thither; and
Mrs. Haftings lives without charge as to
diet and lodging, as I formerly told you ;
fhe fpends all her time well, God be praifed,
and comes every morning about fcven
o'clock to ferve God at the Caitle : But I
and two others are much abridged of that
happinels by her room being left by her
here. My liberty of going abroad is re-
ftraincd with the rell, none being as yet
permitted the leaft, fincc thefe laft were

forced to come in. Madam was here

the other day, and feemed fomewhat ti-
morous about Mrs. Haftings's teaching:
But moft in the caftle pcrluaded her, that
it was moft commendable and moft fecure,
and \o fhe refts fatisfied : Mrs. Corhwallis
is recovered of her ague, God be blefftd :
She dcfires her dutiful refpe(fls m.iy be al-
ways prefented unto you, and intends her-
felf to write to you. ivi rs. Wood and her
companion are well,, but dare not as yet
walk in their own garden. Ail our now

N OF T R I A L S. 387

prifoners are chearful, and each of iis com-
forted, in hopes that God will .make all
Catholics of one mind : For I have' a letter
from our [Mr. Record. That is Superior.]
Spi". at London, {w\\o was the fame day
taken and carried to prifon) wherein he de-
clares, ailedging authority. That the pre-
tended Oath of Allegiance cannot be taken,
as it is worded, adding, that three briefs
have formerly been lent f.om the Pope,
exprefly prohibiting it ■, and in the third, it
is declared damnable to take it.. - And
yefterday v/e had a letter communicated
aniongft us,' fent by Mv. Middleton (new
at Pans) to his friends here, containing the
atteftation of all the Sorbon Doctors- againft-
it-; adding, that whoibever here in England
give leave, they deceive people, and are
contrary to the whole Catholic church.
There was alio a nieeting fome years ago,
of all the fuperiors both fecular and regular,
wherein it was unanim.oufly declarecljithat
it could not be taken. . Mr. Hutchifon
(alias Berry) who has lately . printed a
pa.mphlet in defence of the oaths, has the
other day declared himfclf Proteftant at St.
Margaret's Weftminiier. And fo I reft,
.1 HDnoured--Sir,

Your e\er obliged

Mw Recoider. That is ^ all, the other is
private. '. :ijfi] :■ d

Mr. Alt. Gen. If your Lordftiip pleafe,
we ftiall now prove byllome witneifcs, that
he hath returned great iums of.money, be-
caufe he laid he iieven had 200I. together;
and for this we call Mr, Phifwick ; (Who
was fwofn.j Come Sir, were you a.fervant
to Sir Tho. Gafcoigne ?

Mr. Pbifwick. Yes.

Mr. Alt. Gen. For how long time ?

Mr. Pyifu-ick. For fix years and up-
wards. . .

Mr. Att. Gen. In that fix years time what
funis of money did you return to L- ndon?

Mr. I'L-'fivuk.

383 A C O L L E C T I

Mr. PbifnUk. 'Tis abdracled In a note.
Mr.^///. Gen. Did you iteurn ali the lums
in that note ?

I refer mjMllf to my Al-

Yes, Sir?

Then thus, Sir, pray what

Thole fums do come to

Mr. Pkiyivkk
manacl-:.

Mr. Jtt. Gen. Did you fet down this ac-
count ?

iMr. Phijifick.

Mr. Jtl. Gen.
comes it to ?

Mr. Phr/v;uk.
6128I.

L. C. J. Wiicfe money was that ?

Mr. Phijwick. Part of it was Sir Tho-
mas's, part his fon's, and part my Lady
Tempeft's.

L. C, y. Can you teli how much in any
one year you returned upon the account of
Sir Thomas ?

Mr. Phijwick. Not unlefs I liad my Al-
manack.

L. C. y. It will be endlefs to look over
the particulars.

Mr. Juft. Pemhertotr. Can you make any
cflimate in fix years how much you re-
turned for Sir Thomas himfelf?

Mr. Ihifwick. No, not without my Al-
manack, becaufe I returned money for them
all.

Mr. yltt. Gen. My Lady Temped and
Mr. Gafcoigne, it hath been proved, were
in all the dil'courfes.

L. C. J. But that hath not any influ-
ence upon Sir Thomas.

Mr. Phijwick. The Efquire lived much
in London.

Mr. Juft. Dolhen. What eftate had he
to live upon .-'

Mr. Phijwick. Betwixt 4 and 500I. a
year.

Mr. Juft. P ember ten. What eftate had
Sir Thomas beiidts ?

Mr. Moivbroy. My Lord, I believe it
was 1600I. a year, bcfidcs what Mr. Gaf-
coigne had.

ON CTF TRIALS.

Juft. Dolben. And what had my Lady
Tempeft ?

Phifitick. Three hundred-pounds a year.

Juft-. Dolben. But flie lived in Yorkfhirc?

Phijwick. Yes.

Juft. Dolben. So flie needed little returns
to Lo'ndon ?

Juft. Pemherton. But arlmit they had re-
turned all, yet there was 300). a year to be
returned for Sir Thomas.

Att. Get?. My Lord, here is Mr. Maw-
fon, I think 2500I. was received by him.

Phijwick. I paid in the country, at Leeds,
money, that he paid here in town.

Ju. Gen. Here is the 25I. paid to Har-
court, 1 would afk him whether it were the
fame Harcourt that was executed .''

Juil.Pembertcn. I tliink that nor material.

Au. Gen. My Lord, if you pleai'e we
will ftiew you the examination taken before
the Council, that Sir Thomas did ov/n this
Bolron had been his fcrvant, and never un-
faithful, but always took him to be, as he
now found him, a fool.

Juft. Dolben. If he objeft any thing, it
will come in properly by way of reply.

An. Gen. Then now we have done till
we hear what the prifoner fays to it.

L. C. J. Tell him they have done with

their evidence agalnd him, if he will have
any witncfles examined, he nuift call them.

Hobart. The King's evidence have been
all heard, and laid as much as they can, the
court afks you if you would call any v\it-
ncflcs, or fay any thing fcr yourfeif ? Have
you any witnefTes here ?

Sirr. Gajc. Yes.

hlobnrt. Name them, Sir.

Juft. Dolben. Alk what he will have done
with them ?

Juft. Jones. Let him tell us to what pur-
pole he will call them.

Sir T. GaJc. To examine them to the
credit, and demeanour of thefe men, and
that there is no probability in their fug-
gcftions.

Hoiart.

A C O L L E C

JJchart. Name them, Sir

Sir 'T. Gafc. They are all in that note.
Mr. Babbington was firft examined.

Juft. Penibcrton. Afk Sir Thomas what
he would have him afked.

Sir 'T. Gafc. Look you, Sir, what do
you know concerning the diifcrence between
Mr. Bolron r.nd I ^

L. C. J. Well, what fay you to that
queftion ?

Babbington. My Lord, I have not been
employed in Sir J homas Galcoij^ne's bu-
(inels before the laft winter.

Juft. Dolben. What do you know then ?

Babbington. About .fpring laft Sir 'i ho-
mas Gafcoigne was confuliing with me
about money Bolron owed him upon two
bonds, and gave me directions to lue them.
And likewile he was giving me direftions
to deliver declarations in ejedlmcnt for
oraining the pofleffion of his farm, becaufc
he did not pay his rent. —

L. C. J. How much were the bonds
for?

BabbingtO)?. I have them here I think,

L. C. J. You need not look for them,
you may tell us the fums.

Babbington. The one is for twenty-eight
pounds, the other twenty, to the beft of
my remembrance. Mr. Bolron having
noticeof this, did defire he v/ould accept of
aconveyanceof an houfehehadatNewcaftle
for fatisfaftion of his debt. Sir Thomas was
unwilling to accept of ir, but I did prevail
with him to accept it, not in fatisfaclion,
but as an additional fecurity ; and the
deeds I have here that I drew for that
end.
■• Juft. Pemberton. What time was this ^

Babbington. This was a little before laft
Trinity-'I'erm begun. 1 have taken a me-
morandum within a day or two, if your
Lordihip will give me leave to look upon
it.

Juft. Dolben. Have you not had all this
time to ger your papers ready ?

Vol, i. No. ly.

r I O N OF TRIALS.

189

Babbington. My memory is very fliort
indeed. Ijuc now I fee about the third or
fourth of June, Sir Thomas gave me orders
to deliver declarations in eje(!;lmenr.

Juft. Bolben. When did he firft bid you
que.ftion him for monies upon the bonds .'

Babbington. It was fome time in May.

L. C. J. Did he tell you, you muft fue
him ?

F.abbington. Yes.

L. C. y. What then did Bolron fay .?

Babbington. Bolron did then defire that
Sir Thomas would accept of fecurity out of
his houle at Nev.caftle. Sir Thomas was
very hard to be pcrfuadcdj but at length I
did prevail with him, and I ufed this argu-
ment, That it was not to lend fo much
money upon that fecurity, but his money
was already out of his hands, and elfe de-
Iperatc, and this was a further fecurity, and
that it would not leflen his other fecurity,
and upon thefe perfuafions he did let me
draw a deed to that purpofe.

L. C. J. Was this feme time in May ?

Babbington. This difcourfe was in May.

L. C. J. Are you fure of it ?

Babbington. The diredlions that 1 had for
drawing the deed was in June, but the ciif-
courfe with Sir Thomas was in May, and
I do perfeftly lemember it by a circuni'
ftance which I fliall tell your Lordfhip.
After the deeds were dra,wn, (for drawing
of wliich I had a letter under Bolroh's own
hand, and if occafion be, I have the letter
here to produce) I came from York, having
been there, and appointed a day for the
I'ealing of them. 1 came to the houfe where
Bolron lived, and Sir Thomas met me, and
there I produced the deeds, and heof him-
felf was very ready and willing to the fealing
of them, but his wife, who v/as joined in
the deeds with him, would not by any
means feal, unlefs Sir Thomas would de-
liver up the bonds he had taken for the
money, but Sir Thomas did utterly refufe
to deliver up the bonds.

5 G L.C. J. Wha:

590

A COLLECTION of TRIALS.

L. C. J. What time in June was this ?

Babhington. A little before Whitfuntide,

/,. C. J. Wliat time was that ?

Babhington. That was the 14th of June,
P.S I remember, that I dehvereil the decla-
ration, and that day before, which was the
i3Lh, to the beft of my remembrance, I
had this corr.munication and dif(:oiirre about
feajing the writings, which the wife refufcd
to join ill •, but Sir Thomas wcukl only
take it as an additional fecurity, refufing to
deliver up the bonds, but he would luf-
pend further profccution, and Bolron did
then dcfire no longer time than a month
for p-yment of the money. But his wife,
though ihe were urged to feal the writings,
would not be perfuaded, but utterly denied
it. After we had fpent a great deal of time
there, Bolron comes to me, and defires me
to come another time, and lie would per-
luade liis wife to feal the deed ; nay, faid I,
'tis not tit for me to come up and dovin un-
Jefs it be to fome purpofe, and your wife
will feal i Will! nay, fays he, I will force
her to it. My anfwer was this, if you take

not go.

The next day I called upon him
at Shippon-Hall ; he was then within, and
dtfired me to go up to Barnbow to Sir
Tiionias Gafcoigne's with him : He faid he
(hould po within two or three days to New-
caillf, for he had a chapman rliat would
lay down the money, and take the fecurity
of the houfe, and he defired he [night have
the liberty to go thither to treat about it.
I told liim I did believe it would be no hard
matter to perfuade Sir Thomas to that, for
he would be very glad of it. I went up
with him to Barnbow, and as we went along,
he aflsied me if Sir Thomas did mtend to
fue him upon his bond ? I told him I had
diredlions fo to do. He aflscd me likewife
it he would turn him out of his farm .-• I
told him, yes, if he would not pay his
rent; and the truth of it is, he did then
deny he had received the declaration in
ejeftment : f-ut my man afterwards made
his affidavit of delivery, and hat! judgment
upon it. Afterwards I went iip to Sir
Thomas, and told him what Bolron defired,
and he confented to it as readily as it could

thefe courfes, Mr. Bolron, I muft by no be afked ; and in coming away he told
means be concerned in the matter ; for Bolron, that in the management of his
your wife muft pafs a fine, and we muft | coal pits he did negled very much, and did

examine her fecretly, and if (he tells me
Ihe does it by your force, I will not pafs it
if you would give me a loool. After this
about a fortnight he fent for me to come
and his wife would feal.

L. C. J. -Bv the way, are you a Pro-
teftant ?

Babhingtcn. Yes, I am, Sir.

L. C. y. And always was ?

Bahbington. Yes.

Att. Gen. Yes, he is an Attorney at
large, I know him very well.

Babhington. This was a fortnight or three
weeks after that, the latter end of June,
he fent for me to his houfe, and that his
wife would be contented to ieal. And this
he defired might be done on the Tucfday,
which was Leeds Market-day, and I could

go abroad, ftaying away two ©r three days
together. To this Bolron made fome ex-
cufe, and faid it was for colleding his debts.
Said Sir Thomas, I know not what you
are about, but if you do well for yourlelf,
I am fatisfied.

L. C. y. How long had he been from
him, and left his fervice then ?

Bnhhingtcn. I know not when he went,
but this was in June laft. After this wc
went back again, and in coming back he
was very inquifitive to the fame purpofe j
he was aftiing me

L. C. y. You fay he chid him, and told
him he was not a good hufband in his col-
liery.

habbington. Yes ; and as we came back
he was inquifitive whether Sir Thomas Gaf-

, coigns

A COLLECTION

coigne would fue him, and turn him out of

F TRIALS.

;9i

his farm. I did then enter into the fame
expreffions, and told him, if he did not
pay, he muft be fued.

L. C. J. You told me. Sir Thomas had
agreed tv) ftay fo long, when was this ?

Babhingion. My Lord, this was after
we had parted with Sir Thomas.

L. C. J. After Sir Thomas had pro-
miled him to ttay io long time, then faid
he, as you were coming home. Do you
think he will fue me, and turn me out of
my farm ?

Babbington. Yes faid I : " Well, (faid
he) then by God I will do that which I did
not intend to do." What he meant by it,
I cannot tell, but this was a litde before
he came to London, which I ju 'ge to be
the latter end of June; and this is all I
have to fay.

Then Obadiah Moor was called.

Juft. Jones. Did you tell Sir Tho. Gaf-
coigne what he faid, then I will do what I
never did intend to do ^

Babbjngtcn. I did never tell him, my
Lord, for I looked upon it as an idle ex-
prefTion. And I will tell your Lordfhip
why ; becaufe this man that is now to be
examined did tell me how that he was
bound for him, and that Bolron to en-
courage him to be bound, faid, You need
not fear, for if Sir Thomas fues me, I
will intorm againft him for keeping Priefts
in his houfe •, and I did look upon it as an
idle expre/Tion.

Moor, My Lord, in September lad, was
twelve-month, Mr. Bolron did defire me
to be bound with him to Sir Thomas Gaf
co'.gne. Said I, I told him, Mr. Bolron,
I have fome fmall acquaintance with you,
but I have no leafon to be bound with you.
Said he. Do not fear; there is my brother
Baker, and Stephen Thomplbn are to be
bound as well as you. Said he, I will give
you my counter ' ' -

nothing, faid L

fecuri'iy. That fignifies
You need not fear any

fiiits, faid he; for if Sir Thomas fues m^t
I will inform againft him for keeping
Priefts. Solid L When muft this money
be paid ? Said he, at Cantilemas next. So
we went and were bound ; the one bond
was to be paid at Candlemas laft, and the
other in Auguft. And after Candlemas
he did not pay the money, and faid I, Mr.
Bolron, I don't like thefe Bonds, you muft
make new bonds for my fecurity. I was
afraid of bv;ing fued, and I defired Mr.
Babbington to bring a writ againft him,
which he did ; and upon Holy Thurfday
I had two Bailiffs ready to arreft him, but:
he could not be found ; and I had two
likewife the Saturday before at his pits.
Prelently after he came up to London,
and made an information, and on the 8iii
of Auguft laft I met him in Ferry-bridge,
and he came along with me; faid he, Mr.
Moor, you and I have often difcourled of
Sir Tho. Gafcoigne, you may do me good,
if you do not, pray do mc no harm. You
hjve been often at his houfe. With that;
I aflced him if "he was concerned in the
plot ? For, faid I, you have been often
telling me, and fworn ir, and denied it ut-
terly, that he was no more concerned than
any body elie: But I did but equivocate
then, for I was a Papift, and if I had told
a thouland lies, or killed twenty Pro-
teftants, our Prieft v/ould h^ve forgiven,
me for it. And ib coming to Farnborn,
two miles from Ferry-bridge, he plucked
out I OS. and faid, I have no more money
in my pocket but this, but pray be kind,
and do me no harm, for you know I have,
denied it all alons.

Juft. Jones. Math he done fo .''

Moor. Yes, feveral times.

L. C. J. How came you to difcourfe
with him, and qucftion him about ic ?

Moor. Eecaufe there v/as a general dif-
courfe in the councrv, ih.it there were few.
Papifts but wliat were concerned, and guilty
of the plot.

L. C. J,

A COLLECTION

:S92

L. C. y. When was that difcoiirfe ?

Moor. The latter end of September was
twelve-month, when the plot v;as firft dif-
covered. And he faid. Sir Thomas was
no more concerned than the child that was
to be born.

L. C. y. Had you any difcourfe with
him about May lalt ?

Mccr. No, my Lord, in Augiift, as I
told you, I had.

L' C. y. V/hen was the laft time that he
told you. Sir Thomas had not an hand in
the plot ?

Mocr. I can't certainly remember, but
I think it was in February, when I told
him I would fue the bond, or have better
fecurity. It was a fmall time after Can-
dlemas.

Juft. yones. What are you, a Proteftant
or a Papifh ?

Mocr. A Proteflant, bred and born fo.

JuPx. Pemberton. He would have fworn
it no doubt at that time, for he was under
an oath of fecrecy.

L. C. y. But you fay Auguft was the firfl:
time that he diftourled to you that Sir
Thomas was in the plot?
■ Moor. Yes.

Then Stephen Thompfon was called.

Juft. Bclben. Well, what do you know
•of this bufinefs ?

Ikompfon. My Lord, if you will give me
leave to i'peak, I know a great deal of the
unkindnefs betwixt Sir Thomas and Mr.
Bolron. He came down to me, he was
Sir Tho. Gafcoigne's Steward of his col-
liery, and Sir Thomas liked not of his ac-
counts, and turned him forth. There was
a great deal of money owing to Sir Thomas,
and he came to Sir Thomas to agree about
it, and he defired me to be bound with him
to Sir lliomas : Said J, Mr. Bolron, how
fhall I befecurcd .'' Said he, there is a great
deal of money of which I never gave Sir
Thomas any account, 1 will gather it in

T R I A L* S.

and fecure all, and fo SirThomas Gafcoigne
knew nothing of it. So bonds for 60!,
were entered into to pay 28). at Candle-
mas. So Sir, when Candlemas came, and
he' did not pay the money, I went up to
him, and alked him what he would do
about this money, what courfe he would
take to iiuisfy } Oh ! never fear, faid he -,
v.'hy faid I, hath he any hand in the plot ?
If he hath, let us know it ; for he had
mad* a great deal of his goods away, and
then I thought I fhould not be fecured ;
Oh, faid he, he is a On lefs of it.

L. C. y . Who did make avvay his goods?

'thompfon. Bolron did.

L. C. y. When was this ?

Ihompfon. Candlemas lair. For then I
thought Sir Thomas might fue me for the
money, and I would fain have known if Sir
Thomas had any hand in the plot, and I
prelTed him mUch to tell me. Then it
paffed on, and having a writ out againft
me, I durft not ftir out myfelf, but I did
fend my man to him to know what he did^
intend to do about it : He told my man,
brother, tell thy mafter he need not to fear
at all ; Why, faid my man, do you know
he hath anv hand in the plot ?

Jutl. Bolben. That is but what your man
faid.

Juft. Pemberton. Is your man here .?

Thompfon. No.

Juft. JDolben. Therefore you muft not
urge that he faid to you, 'tis no evi-
dence.

Thompfon. On Thurfday after I went up
to him myfelf, and got him to go up to
Sir Thomas, and fo when he came to Sir
Thomas, he would give him no time but a
fortnight to pay the money ; Bolron defired
but three weeks time and he -.vould procure
him his money -, fo away we came down.
Said I, what do you intend to do in this
cafe ? Said he, " If he do fue me, I will do
him an ill turn •" and foon after he went

A COLLECTI

to London, and laid, he would go to fell
his land at Newcaflle ; and a while after I
went out to fee if he were comeas;:tin •. and
meeting him, it was when he v/as going to
London again to carry on his defign : Said
I, Robert Bolron, what do you Jay in this
Cife; you are going now to leave the
country, and how fliail I be fecured againfl:
Sir Thomas ? Do not quefl-'on it, faid he,
for 1 am to receive on tlie King's account,
30I.

L. C. J. Upon whole account ?

Ihowpjon. Upon the King's, concerning
the taking Sir T. Gafcoigne.

Bolron. But I never ha I a farthing of it.

Thompfon. But faid he, I will not take it,
for another bids me 60!. and I know what
Ores and Bedloe had, and I won't abate a
farthing of that.

L. C. y. When was this ?

Tbompfon. It was after he had taken him ;
and on Holy Thurfday he did fay, " If he
did fue him, he would do him an ill turn."

Then the Lord Chief Juflice being to
fit at Nifi prius at Guildhall, went off

William Backhoufe was next called.

Juft Jones. Let him aflv Backhoufe what
he will.

Sir T. Gafc. I would afk him what threats
he gave to his wife to fwear againft hercon-
fcience, and promife of 500I. he fhould
gain by it.

Backhoufe. I ferved the warrant to carry
the witnefles before Efqi Lowtherand Efq;
Tindal : I was charged the 7th of July
lafl: to help to fetch the witnefTes before the
juHices, and to take Sir T. Gafcoigne, I and
two of my fons, and he opened the door
his own felf. When we had taken him,
Efqi Lowther direded us to bring the wit-
nefles before him, and we did fo. When
we came to Bolron's houfe, his wife was
fick on be), and I faid that llie muft go be-
fore the juitice of Peace to fwear againfl:

Vol. I. No. 17.

O N OF T R I A L S. 393

Sir T. Gafcoigne for high treafon : She
laid fhe knew nothing againlt Sir Thom.as,
but Bolron faid flie muft go, or he would
have her drawn at the cart's arfe.

Then Hamfworth was called.

Juft. Jones. What will h. aflc him >

Sir T. G.ifc. I afli him about the threat-
ening of his wife.

Hamfworth. May it pleafe you, my Lord,
thefim; day that Sir T. Gafcoige was ta'<en,
Robert Bolron came to his wife, and told
her, file muft go to Efq-, Lowther, to fwear
againft Sir T. Gafcoigne; (he fell a weep-
ing, and would not go by no means ; he
threatvrned if fhe would not go, he would
tie her to the horfe's tail.

Juft. Dolben. Did he tell her what flic
ftiould fwear ?

Hamfxcrth. I did not hear him, only to
fwear againft Sir Thomas.

Juft. Dolben. What fhe knew, was it .-'

Hamfworlh. Yes ; and fhe faid fhe did
not know any thing of mifdemeanor of Sir
Thomas Gafcoigne touching his facred Ma-
jefty, or the church government.

Juft Jones. Art thou fure fhe faid thofc
words ?

Movjbray. My Lord, he is a Papift.

Hc'.wfjoorth. I am a Proteftant.

Juft. P ember ton. Hov/ long have you
been a Proteftant ?

Hamfworth. I vvas born fo.

Juft. Jones. Well, thou haft added a few
fine words that I dare fay ftie never faid.

Juft. Pernberton. Were you never a Pa-
pift ?

Hamfworth. Yes, I was.

Nicholas Shippon was called.

Mowbray. This man is a Papift too.

Juft. Dolben. Do you think he is not a
witnefsfor all that .?

SirT. Gafc. What difcourfe he had May
30. the day after the race.

Juft. Pemberton. Well, af!< him what you
\ will: What do you fay ?

5 H Shhpcn.

394 A C O L L E C T I

Shippn, Mr. Bolron was with me the
30ih day of May.

Jull. Doibsn^ What, May bfl ?

Slippon. Yes, t!ie day atcpr Afc.enfion-
day : He came to my houfe aboii: two
o'clock in the afternoon, and ilaid at my
houfe all that afternoon while an hour after
Ain-fct before he went away ; he camr and
brought a letter w'uh him to carry to New-
caille, and it was lent away thither,

Juft. Dclhen, Are you fure it was the
day after Afcenfion-day ? How if it fhould
fall out to be another day ?

Shippcn. Yes, 'Afcenfion-day was the
29th of May : He came to me about two
o'clock.

Serj. Maynard. Pray what reafon had
you to take notice of this .-'

Shippon. He came and brought a letter
to me that was to go to Newcaftie, and de-
fired me, that my little boy might carry it
to a kinfman's houfe of mire ; for he faid,
he was afraid of the bailiff, and did not
care for itirring out •, my wife brought
him fome meat and drink, and he faid it
was better than he had at home •, and fhe
laid fhe was the more lorry things were no
better with him.

J oft. Dolben. But how came you to take
notice that this fell out the 30th of May ?

Shippon, The night before I met him
coming from the race, wLich was the 29th
of May, and he afked me it I law any bai-
liffs waiting for him ? and I faid, yes ; and
he laid, it was well if he mifs'd them ; and
he afked me if I faw Bennet Johnfon.

Juil. Jones. How long was it you fay he
itaid ?

Shippon. He came about two o'clock,
and (laid till an hour and half after fun-
fet.

Serj, Maynard. What religion are you of.''
friend, let us know .?

Juft. Bolbcn. What fay you to the truth
of this, Bolron ?

ON OF TRIALS.

Bolron. My Lord,tIiere is not a word of
it true ; fori was about two o'clock at
Sir T. Gafcoigne's, they were m,arking
fome n-jeep, and I was there moft of the
afternooa.

Juft. Jcncs. Were you ever at his houfe
at any other time to lend any luch letter }

Bolron. 1 never fent any fuch letter : In-
deed that d^y I was a little of the afternoon
at his houft •, but I (laid there but half an
Iiour; but I was moft part of the afternoon
at Sir T. Gafcoigne's, feeing them mark
fiieep.

Then Roger Gregfon was called.
Juft. Jcnes. What do you fay to him ?
Sir T. Gdfc. Let him fpeak his know-
ledge.

Serj. Maynard. 1 defire he may afic the
queftion, for he only generally refers to them
what they know.

Sir T. Gnfc. What did he fay to you
about Auguft laft .?

Gregfon. My Lord, I will tell you : We
met about Auguft laft, Robert Bolron and
I, about a v/eek before Bartholomew day :
We had Ibme difcourfe, he came from
London a little before that, and I afked
him how Sir T. Gafcoigne did.

Juft. Bolbsn. Was he apprehended in
Auguft kft ?

Gregfon. Yes, he was in the tower. He
laid. Well. I aflced him how he would
come off about the plot (as they call it) .''
Said he, he may come off well enough, but
it will coft him a great deal of money. I
then did ask, how they came to fall out ?
And he faid it was long of that rogue Ad-
difon, brother to the Prieft, who had called
him to account, or elfe he had never done
Sir Thomas that injury ; and I fuppofe that
was the caufe of it. And then we had
fome more difcourfe, and that difcourfe was
this , He rides a little from me (he was on
horfeback) and came hack again ; laid he,
I can tell you, the King was at Windlbr,
and one of the Privy-council made an at-
tempt

A COLLECTION of T Tv I A L S.

395

tempt to ftab the King, and the King made
his efcape, and now they will believe my
information the better.

Juft. Pimhertc7i. Go on.

Gregfcn. That is all I liave to fay.

Jiill. Jones. What are yoii, a Papift .''

Gre^'fon. No, I am no Papift, I deny it.

Serj. Maynard. Nor never was ?

GregfoH. Nor never was.

'1 hen James Barlowe was called.

Serj. Maynard. My Lord, I conceive
this manoLieht not to be heard, for he is
under an a^cufation of the fame crime-, and
we have had two orders of council to ap-
prehend him.

jitt. Gen. Tliere was an order of coun-
cil within this fortnight to lend for him up
in cuftody.

Jull. Dolben. There is nothing in record
againll him, and you may difcredit his tef-
timony, but you cannot refufe him j he is
not to come upon his oath.

Sol. Gen. [Sir Francis IVinnington.'] Bol-
ron Ivvcars too that he was at the confulta-
tion

Juft. Dolhen. Let us hear him wh.at iie
fays; we mull leave it to the jury what x.o
believe.

Serj. Maynard. They would qucllion him
about Mr. Bolton's cozening, which ought
not to be.

Scl. Gen. This man hath fworn it againft
him.

Hobart. Why did vou not indi6l him,
Sir .?

Serj. Maynard. Sir, you ought not to
prate here.

Jull. holhcn. Come, I doubt you are a
little too pragmatical.

Jull. J cues. If you had any record of the
indictment to fhcw agaiml him, v.e would
not examine him.

Hobart. Will you a^k him any queftions,
Sir?

Sir r. Gajc. You know, Sir ■

Serj. Maynard. That is not proper, he
tells him what he knows.

Jull. Pemberton. Look you. Sir, we did
not intend that you fhould come here to
manage all as a counfel ; it was laid, he
could not hear well, and lb you were only
to tell him what was laid.

Sir 1. Gajc. I would ask him what he
does know concerning taking of money,
and ftealing from me ?

Jull. Dolben. But that mull not be
asked

-[Which Hobart told him,,

SirT". Gafc. Then you mull tell me
what I muftask.

Juft. Pemberton. Come, ycu have been
pragmatical, Sir, snd made him a brief, and
he cannot manage it without you.

Serj. Maynard. Did you write this brief?
[meaning a brief in Sir Tho. Gaf-
coigne's hand.

Hobart. No, an't pleafe you. Sir.
Then Mr. Ravenfcroft offered to fpeak
what this witnels had told him.

Juft. Dolben. Look you, Mr. Ravenf-
croft, if what he lays tend any thing to this
bulineis, that Sir i ho. Gal'coigne comes to
know of his ft;ealing, and then turned him
out of his fervice, it is material ; but if you
come to tell a Itory here of another's man's
knowledge, we c,:n't fpend our time fo.

Ravenfcroft. It was not known but Lift
night to me, and if you will not let me
tell you what it is, how fhould you know
it ?

Mrs. Ravenfcroft. He is a chief witnefs
for my grandfather, and I defire he may
be heard, for he diicovered it but laft night
to my huft.and.

Juft. Dolben. If it tend any tiling to
this bufinefs, that Sir Thomas turned him
out of doors, and therefore this man bears
him an ill v;'ill,

Jull. Petiibtrton. We had as good hrar
Mr. Kavenfcroft iiowever ; but pray, Sir,
make your ftory fhort.

Ravenfcroft

396 A C O L L E C T I O N o F T R I A L S.

Ravmfcrcft. He came to nie and f.iid
theic words, " I have kept a lecrct a long
while, in which 1 have done very ill'

Tall. Pemherton. Then it does not tend > me

Mowbray, who is a witnefs in tliis court,
and I, did juft a little before his going
away, comb.ne, or rather he d:d feduce

at all to this affair; for you mull not come
to fell a Itory out of another man's mouth.

Jufc. Bolbcn. Pray fit Hill, Sir, and be
qu'.et

Juft. Jones. Indeed you nnill be fiuis-
fied.

^■^%.. Pemherton. If you have any other . '^v\'^. Jones. Pray do it quickly then
witnefTts, call tiiem, and do not fpend our - ~ •

time.

Jufb. Jcnes. For the jury mud be told,
that it is no evidence coming out of another
Elan's mouth.

Jufl". Dolben. It is as if a man fhould
come and lay, I can fay Ibmething for Sir
T. Gafcoigne, when I know nothing but man alive now -, two men combine to rob

Juft. Pemberton. Was it about money .?

Ravenjcroft. Money is in the caie.

Juft. Dollen. He did confpire what to
do?

Ravenf croft. If you will hear me, I will
tell y(.u.

Rnveiifcrcft. Did coir.bine to rob Sir
Sir Thomas of a great fum of money ; and
whereas I held my tongue, thinking not to
fpill his blood, I fee novv? if I do not tell ti.e
truth, I fhall make good his credit, and fo
endanger Sir Thomas's life.

Juii Dolhen. Well, lil ask you, or any

■what another man told me.

Juft. Jones. Aflc Sir Thomas, if he would
have this Barlowe examined ?

Sir r. Cafe. Yes.

Juft. Pemlerton. Then v;hat queftions
v»'iil you aflc him ^

Sir T. Gajc. What confpiracy was had
to take away a great deal of money from
me ; and how he concealed it becauie he
would not do him a mifchicf .?

Juft. Dolkn. Whatisthat to Sir Thomas's
life .?

Mr. Ravenferoft. I cannot tell you by
bare aftertion, but if you will hear what I
have to fay, do, Laft night, late at night,
about nine o'clock, Barlowe came to me,
fays he, Mr. Ravenfcroft

Juft. Dollen. Come, don't tell us the
preambl , but the ftory.

Ravenfcroft. Said he, I have a thing that
flicks upon my thoughts, which I doubt
may endanger Sir 1 homas's life.

Juft. Dolben. Well, was it about taking
money ?

Raienfcroft. Said he, if I am filent, 1
doubt It wi.l coft Sir Thomas his life. 1 hen
1 askcU hi.n what it was.? Says he, Mr.

Sir Thomas, whether one man be a compe-
tent witnefs againft the credit of the other
witnefs ^ he makes- himfelf a rogue by
combining, and you have made him a knave
by his own confefllon.

Ravenfcroft. I may perhaps err in that
word i he did not fay, combine, but the
other reduced him.

Juft. Dolhen. You have told a ftory to
no purpofe.

Juft. Pemherton. You think it a fine
thing to be a Catholic, and to appear brisk
for them.

Ravenfcroft. Who fays I am a Catho-
lick }

Then George Dixon appeared.

Sir T. Gafc. What do you know of any
confpiracy of rhefe people againft me .''

Dixon. My Lord, I was at William
Batley's in Auguft laft in the morning at
ten o'clock, and Mr. Bolron and Mr.
Mowbray came in, and called for a fiaggon
of drink, and when it was brought, they
fell into a dilcourfe together conccrnins Sir
i^homas Gafcoigni and my l^ady Tempcft.
Says Mr. Mowbray, I know nothing of Sir
Thomas but that he is a very honeft man.

Serj.

A COLLECTION of TRIALS.

397

againft Sir Thomas
and he faid he knew no

Serj. MaynnuL He was not bound to tell
yoi) what he knew.

JuR. Jones. When was this, in Anguft
lad ?

Dixon. Yes; but faid he, if I knew any
thing againft my Lady Tempcft, I would
difcover it, for I would hang her if I could.
And they fate down at Mr. Batley's houfe
to confult what they fliould do.

Juft. Pemh rton. Before you ?
' Dixo'/i. Yes. I heard every word.

Juft. Jofies. And what did they fiy ?

Dixon. They faid that they would meet
at Mr. Bolron's houfe, and if they would
compleat their bufincfs they fliould be very
well gratified.

Juft. Dolhen. Againft whom ?

Dixon. Againft my Lady, and Sir
Thomas.

Juft. Dolhen. But you fay, Mowbray
faid he knew nothing
Gafcoigne ?

Dixon. No ;
hurt by them.

Juft. Dolhen. How come they to fay they
would contrive their bufinefs ?

Mozvht'ay. What man is that, Mr. Bol-
ron ?

Bolrcn. I know him not, nor ever held
any fuch difcourfe.

Mo'JL'hray. Nor I.

Juft. Jones. How far do you live off one
from another ?

Diy.on. I live at Leeds, Mr. Mowbray
knows me.

Mowbray. I do not know that ever I faw
you.

Dixcr. He hath drank with me,

Motvhray. I know him not, nor where
he dwells.

Juft. Dolben. What trade are you of ?

Dixon. A cloth-drciTcr by trade, but I
keep a public-houfe.

Juft. Dolben. This difcourfe was at
Leeds, was it not ?

Dixon. Yes.

Vol. I. No. 17.

Juft. Dolhen. They fay both they do not
know you, nay they fwear it. And it is
very like you were but very litde ac-
quainted, v/ould they let you hear them
talk thus ?

Dixon. We were as well acquainted as
can be, but that he will dcnyir.

Jtt. Gen. Pray what religion are you
of?

Dixon. A Proteftant.

At. Gen. How long have you been fo ?

Dixon. All the days of niy life.

At, Gen. I can't but wonder at the
ftrangenefs of your acquaintance.

Ajowbray. My Lord, I have not drank
at that place which is near the old church
at Leeds, not this two years.

Then William Batley was called.

Eritley. And if it like your honour, thefc
two gentlemen Mr. Bolron and Mr. Mow-
bray, came to my houfe, and called for a
pot of drink.

At. Gen. Do you not know this man
neither ?

Mowhray. Yes, I do, but I was never
three times in his company in my life.

Batley. I filled them a fiaggon of ale,
and when I had done I left them. They
to difcourfe of the plot, and Sir
and Mr. Bolron.

Juft. Dolben. At your houfe, where is
your houfe .^

began

Tho. Gafcoigne

My houfe is near the old church

the

Batley.
at Leeds.

Juft. Dolben. Is that the fame place
other man fpeaks of?

Batley. Yes. Says Mr. Bolron to liiin.
Thou knoweft that Sir Thomas Gafcoigne
hath been very fevere againft thee and ine,
and nov/ here is an opportunity ofrered us
to take a revenge on S.r 1 homas Gafcoigne,
Mowbray replied agai-n. As for Sir Thomas
he is a very honeft man, -and I knov/ no
hurt by hirii •, but as- to rnv Lady Temptft-,
if I knew any thing againft" her I would
hang her, for 1 would difcover it. But
5 I thou

39'^ A C O L L E C T I O

thou knoweft, fays Bolron, that Sir T ho- j-
mas fues aiid troobl-s me, and if I do not I
make fomcwhac oat againll h.m, he v/ill
rain me, and it muft he done by tw.o wit-
IV fils. To which Mr. Mowbray anfwered
again, H /W fnail we bring this bufincfs
pbout r If thou wilt but come to my houfe,
f.iid he, I v.i!! put thee in a w ly to con-
trive it, and v;e fiiali have a confidtrab'c
reward. And Mov. bray told him he wouki
come to him fuch a day.

Juft. Bolbi'n. Was that man that went:
out Isft, with you all the tiaie they fpakc?

Dixon. Yes. • ;; t'

Juil. Dohen.. He does net fay_ half fo
much as you do.

Juft. Ptiyib£rt.on. Were you in the room?

Pauley. No, 1 was at th.e ftairS' head.

Juft. Pembirtcn. \N'hi;t did you ftand
there for }

Bdlfy. I hearing them difcourfe of Sir
'J'ho. Gafcoigne, hearked what they did fay.

Juft. Dolien. The other man f.iid he was
in the room with them ; Were you in the
room .''

Batk.y. I ftood upon the ftairs.

Jufi. Jones. Were you in their company
at all that day ?

Balky. Yes, my Lord, I carried up a
tlaggon of ale.

Juft. Jones. Was the door left open.

Batky. Yes.

Juft. Dclben. Would any men talk in
fuch a place as this, that all the world may
hear them^ when they are contriving to
take away a man's life ?

Juft. P ember ton. You were in the fame
room, Dixon, were you not ?

Dixon. They were at the Grice head, and
we at the foot.

Juft. Jones. But the other fays, he was
at the top of the ftairs, the head of the
ftairs.

Dixon. We were at tlie ftairs foot, and
they were in the room.

Batley. The table they fate at; joined
juft upon the head of c!ie ftairs.

N OF T Pv I A L S.

Juft Jones. Did you hearthem down to
the ftairs foot ?

, DiU.Ht VVe did ftand; there to-hear them
difourfe. ;

Ji>ft. Dolben. Could you fee thtm where
you were .'' ■ • ,

Dixon. Yes, as fair as I feeyoin

Juft. Dolttti. Could they fee you ?

Latlty. No, thc-y could not.

Dixon. Yes, ii: they had looked down.

Jua. Doileri. Why then J aflc you, Do
ycu think, 'if you ftood in fo open a place
to be feen, and they had.feen you, can you
imagine thati t;hey would talk fo about
taking away Sir Thomas Gafcoigne's life ?

Balky. I do imagine they did not know
I was thcr&j-, pdt believe any one heard or

Juft. Pemhirton. Do you know how thej
came there.?

Batley. They faid they came cut of
Leeds, and laid, one Ivlr. Legat was to
come that way, who they w ere to fpeak
v/ich.

Juft. Jones. I aflc you, if you v.'ere in
the room under them }

Batley. And if it like your Lordfliip, I
ftood at the ftair's-foot.
■ Juft. Jones. Juft now you faid it was at
the ftair's-head.

Juft Pemberton Did you fay any thing
to them about this ?

Bailey. No, I did not open my lips to
them about it, but 1 told it to a friend
about three or four weeks after.

Juft. Jones. To whom ?

Batley. To a neighbourof mine : I fup-
pofe it was told Mr. Babbington.

Juft. Dollen. What fay you, Mr. Bab-
bington ? How came you to know of
this ?

Babbington. When the Commiflloners of
Oyer and Terminer were fitting at Leeds,
there was one came and told me, George
Di.xon could aftord me fomething that

would

A COLLECTIO

would be very advantageous for the benefit
of Sir 1 homas Gafcoigne.

Juil Ddben. Who was that man ?

Babbington. Cennet Jdhnfon, or Francis
Johnfjn.

Juft. Do'bcn. Was that the man you
fpoke to ?

Batlcy. No, I fpoke it to a Smith, one
Richard Lofius.

Babbin^ion. I'll tell you another perfon I
heard it from, tliat was Mr. Bailiff, of
Leeds ?

Ju!!. Ptmber:cn. Well, was tliis the com-
mon difcourfe at Leeds ?

Juft. Dalben. He fays fo. Was it then
pref;ntly ?

Babb.ngton. The bailiffdid not tell me fo
fuddenly.

Jull. Dcllen. Would it not have been to
your purpofe to have brought the bailifi'
here ?

. B'lbia^ton. It was after the commifiion
.'of Oyer and Terminer that 1 had it from
him, which was in Oftober.

Bclron. In the time of Anguft I was not
at Leeds, I was in Northumberland fearch-
ing for Priefts, and in the Bifhoprick of
Durham, all but a little of the firfi: of it.
1 hen Mrs. Jtfferfon was called.

Juft. Feniberton. What gq you ask her '.

Sir T. Gajc. Pray be pkafed to fpcak to
the confpiracy and combination againft
nie.

Juft. Jones. Wh'jk combination? Come,
Miihvfs, what do you know ?

Jifferfon. 1 asked Mr. Mowbray one
time, what he knew concerning Sir Tho-
mas Gafcoigne ? And he faid, he knew
nothing, but Sir Thomas was a very honeft
gentleman for what he knew, and the beft
friend he had.

Juft. Jcjics. Is that all you know ?

Jefferfun. He thought he was v.'ron^fully
accufed.

Juft. P ember tort. When was this .'' Was
this after the time he was accufed by
Balron ?

N OF T R I A L S. 399

J^ff^^I^''^- If may be it might be, I think.-
it was in AugAjft.

Juft. 'Jones. In Auguft laft ?

Jefferf'n. Yes.

Juft. Dolben. But you muft needs know
(It was the talk of the country) when Sir
Thomas Gafcoigne was fent for up to
town ; was it after that time ?

Jefferfon. Yes, I think it was.

Juft. Jones. Then you fay, you heard
Mowbray fay that Sir Tho. Gafcoigne was.
an honeft gentleman, and he could fay no-
thing againft him ?

Jejfetfon. Yes, ask him elfe.

Then Matthias Higgringil was called.

Jiift. Dolben. Was he one at the meet-
ing ?

Bclron. He was at the fealing the col-
lufive conveyance.

Juft. Joyces. 1 his Higgringill is a Pro-
teftanc, is he not ?

Bclron. I know not, I think {o.

Juft. Dolben. Come Sir, what fay you in
this matter ?

Higgringil. To w horn ?

Juft. Dolben. Vvhat can you fay to the
bufinefs about Sir T. Gafcoigne ?

Sir 7. C^fe. Speak to the threatnings to
take away my life.

Higgringil. I have nothing to fay to
Bolron ; but Mowbray on the 25th of Sep-
tember laft,- being at an alehoufe, Mr.
Legat and he were together, confuking
how to difgrace Sir Thomas, and take
away his life ; and he calls me out to fpeak
with me : Now, faid he, I fliall match
them, for they have done what they could
to difgrace me.

Juft. Jones. How did he mean tliat ? .

Higgringil. I fuppofe he had taken away
fome money and gold, and they fpoke of
it, and that was to difgrace him.

Juft. Dolben. Was it charged upon him ?

Higgringil. It was fufpected always he
had taken it away.

Juft:

4 CO

AGO

Juft. Bollen. But was there any fuch
thing talked of in the country ?

Juft. Jcnes. What did he lay to you ?

H/ggringil. He laid, tliey did what they
could to difgrace him, and take away his
life, and he would requite them.

Juft. Pemlerlon. Who they ?

Higgringil. Sir Thomas Gafcoigne and
my L-ady Tempeft.

Juft. Pemlerton. Why? Did SirThomas
indii5l him .''

Higgringil. No •, but the noife was about
the country.

Juft. Dolben. When was this .? In Sep-
tember laft ?

Higgringil. Yes.

Juft. Dollen. What profeffion are you of,
Higgringil ?

Higgringil. An huftjandman : I graze,
and I farm a f;irm.

Juft. Dollen. You know this man, do
you not, Mr. Mowbray ?

Mowhray. Yes, Sir Thomas employs
him, he is a kind of colle6tor to him.

Ravenfcroft. He is no Papift.
Then Francis Jbhnfon appeared.

]i\'A.. Dolben. Weil, come, what do you
know ?

Johnfon. He hath fuftained great lolTes
by him.

Juft. Dollen. He ! Who .?

"johnfon. Sir Thomas Gafcoigne.

Juft. Dollen. By whom .''

johnfon. By Mr. Bolron.

Juft. Dollen. What lofs hath he received?

Johnfon. The very firft month he en-
tered, he wronged him of 3I.

Juft. Jones. How do you know that ?

Johnfon. I caft up the accompt myfcif.

Juft. Jones. But he kept him two years
after that ?

Johrfon. Yes, he did.

Bolron. My Lord, I loft 3I. the firft
three weeks, and Sir Thomas forgave me
it, I don't deny it.

LECTION OF TRIALS.

Juft. Dollen. Do you know of any ma-
lice between them, and that he faid he
would do him any mifchief ?

Johnfon. No.

rhen Mr. Pebles, Clerk of the Peace in
the county of York, was called.

Sir Tl Gafc. I would defire you to fpeak
of the carriage of Ivlr. Bohon to ycu, Sir,
what you know.

Veh'.ei. My Lord, I was in York laft
AfBzcs, and Mr, Bolron came to me into a
room, where I was with fome gentlemen,
and asked me how I did ? And asked me
if I did not know him ? I told liim I did
not remember him ; faid he, I am the pro-
fecutor againft Sir Tho. Gafcoigne. So
when he was fat down, after a little while,
he deft red todifcourfe with me; and asked
me, If a man was indidled as a traytor,
whether it were fit to pay him money ? I
owe, faid he. Sir Tho. Gafcoigne money,
and I would know whether it be fit to pay
it to him ? Said I, I think you may fafely
pay him his money before he be convided,
but then 'tis the King's, in my opinion.
Nay, faid Bolron, he is fure to be con-
vi6ted : Then faid I, I think it not fafe to
pay it, therefore I leave that to your own
difcretion, whether you will or no. A
little after he defired to have my opinion
concerning the two Judges that came our
circuit, for I am mightily abufed by t hem,
faid he, they will not at all. give me au-
dience ; I came from the King and council,
and they ftight me, and will not hear trte
fpeak : Said I, 1 believe if you will go to
them, they v, ill hear you. I went to fpeak
with them, and they lent fome of their
fervants out to know what I would fay to
them ; but I have writ a letter to them to
tell them my mind -, but faid I, I can't
believe that any one will prefume to carry
fuch a letter; but for that 1 v/ill leave it to
you. So 1 came away from him ; and
after he follov/s me out, and defires to
fpeak with me again : Said he, I have

Iqmething

A COLLECTION

fomething againft you concerning this bu-
finefs in hand, I can do you a prejudice if
I will : Said I, God blefs me, I know no-
thing of it, I do not at all intend to court
your favour, I have no mind at all to that:
Said he, I will not do it ; and he fpoke as
if he had no defire to doit: I would not
court him, but came away and left him :
He followed me to the ftreet again, and
faid, will you help me to apprehend a
traytor ? Who is it, faid I ? It is a gentle-
woman, faid he ; a woman greatly con-
cerned in the plot ; you may apprehend
her in the ftreet, and 'tis the bell time.
Now the ftreet was full, and I thought it a
little unfeafonable ; fo he looked after me,
but I never offered to go from him : But,
faid I, was fhe in the plot ? Yes, faid he,
fhe was to be the firft Lady Mayorefs of
York after the plot took effeft, and the
King was killed ; but he did not lay hold
upon her-, fo I parted with her-, then, faid
he, I can have no refpeft ; faid I, I have
nothing to do with you ; I am Clerk of the
Peace of the Weft Riding in this county,
and am always ready to do my duty there ;
fo away I went and left him. The next
news I heard was, he had procured a war-
rant of the Council againlt me -, and he
brings the warrant to a Juftice of Peace,
and that Juftice of Peace told him, there
would be fevera! Jufticesof Peace at Leeds
within two or three days after, and then
they would examine the bufinefs. I chanced
to be in a room with fome gentlemen, not
knowing of the warrant that was out againft
me, and this gentleman that was the
Juftice of Peace called me into another
room, and told me of this bufinefs : I ad-
mired at it, and told him I did know no-
thing of it, nor that I had difobliged him,
unlel's it was becaufe I did not give him the
compliment and ceremony of my hat, nor
give him money, neither did I know what
information he had procured that warrant
upon. He told me Mr. Mowbray and Mr.
Vol. L No. 17.

o F T R I A L S. 401

Bolron were in town : So I defired him to
fend for the other Juftices into the room,
where he acquainted them with the matter,
and faid he, if you will, we will examine
it to night; fo they fent notice to Mr.
Mowbray and Mr. Bolron, that they would
examine the bufinefs that night at fix
o'clock ; and they came ; and he was asked
what he had to fay againft me ? He laid I
had taken money for keeping a man from
taking the Oath of Allegiance, and they
had witnefles to prove it

Serj. Maynard. Muft- he be here admitted
to make his own defence .''

Juft. Dolhen. Brother, let him go on.

Pelbles. The v.'itnefs was called upon,
and they asked him to that point, and he
denied abfolutely upon his oath that he
gave me any money, and alfo fwore, he
had taken the oath when it v/as tendered to
him. Then, my Lord, there was one
Mr. Dunford, an Attorney, was fpoken of,
as if he could prove fomething, but he was
fourteen miles off, and they could not fend
for hin), and fo I begged they would ap-
point another time for hearing when he
could be there ; they appointed Monday
following, and ordered me to attend, and
one of the Juftices of the Peace undertook
to give Dunford notice. Accordingly I
came there, but there was no Mr. Bolron
nor Mr. Mowbray •, but I defired that Mr.
Dunford might be examined upon his oath,
and they did take his information in
writing, and he fwore he knew nothing of
it, neither did he ever give me money upon
any fuch account.

Juft. Dolhen. You were not by when it
was iworn .?

Peh/es. I faw the examination taken in
writing.

Juft, Pemherton. And you were difchar-
ged?

Peh'es. Yes, for he could not make out
any thing at all.

■ Juft. Ptm-
5 K

4.02

A COLLECTION of TRIALS.

]\.}Z. Pemhertcn. It was well for you, he
could not rniike it out.

PcbUi. l hey faid they could prove it,
and vouched ihde tvvo perfons, but bath
den'cd it upoa their oaths.

Jufc. D0U17. Is that all you know ?

Pel/l.es. That is ail I can fay in particular;
I have not; a rr.ind to fpcak againit him in
general, bccaufe he is the King's evidence.

Juft. Lolbcn. You can fay nothing of his
icpute ?

Juft. Pemherlon. You were a firangcr to
him, you did net know h m.

Sir 7". G.yi-. 1 defire he may fpeak what
reputation he hath among the Jultices.

Pebles. I have no mind to rifitul on the
King's evidence, and if I did, it would
fecm as if I fliould fpeak in malice •, he
l^ath done me wrong, but I never did him
any.

Jufl. Jones. But what is his reputation
generally ?

Pebles. Truly, 'tis not very good in the
country ?

Jxi'it.Jcncs. Among whom?

Peb'us. The grand jur/, and the gentle-
men of tlie country ?

Juif. 'Jems. Is it a comm.on fame in the
country ?

Pebles. Moft people difcourfc ill of him.

Juft. Do/ben, Did he fay he did not
fpeak with the Judges ?

Bolron No, my Lord, I did not.

]\.\^. Dolben. You did fpeak with us;
indeed you would have had us allowed you
a guard for your fafcty, which we could
not do.

Bolrcn. Whereas he fays I gave in a
wrong information -, this fame Hunt when
he came before them confeffed he gave him
40s. but he Vy-ould not fv/car for what it
was.

Serj. Maynard. 'Tis nothing to the pur-
pofe one thing or other that he hath
faid.

Juft. Djlben. 'Tis altogether uncertain;,
no body knows v/hat to make of it.
Then Hardwicke was called.

Sir T. Cafe. Do ycu fpeak what threats
Eoiron hath ufcd to his wife to fwear atrainfl:

me.

tlard-v:icke. When the purfuivants came
up to Barnbow, the ciiicf Conflable ordered
me to afTuL Mr. Bolron rn execution of the
warrant, and to carry the viitntllls before a.
Juftice. Wev^ent to Robert Boiron's houfe
to take the witnefies, and there was his wife,
his brother, an J his filler: We were to carry
tl-em before a Juftice, and they refufcd to
go ; his wife pretended to be fick and
could not go, and they beg2,ed of us to
excufe them.

Dolten. Who do you call they }

Hi:adwkke. \V\s wife, his brother and
his fifter: Eoiron told therii they mull go,
and W'illiam Backhoufe and F ordered them
by all means to go along with us, I lup-
pofe it was to teltii'y what he had fworn,

Juft. JoKcs. Vv'hat were they to do, did
he tell them .?

Hardti'icke. They were to go to tell
what his teftimony was above, as well as I
underftood the difcouife.

Juft. Dolben, We have had two perfons
to this purpofe before. They fay he would
have his wife go, and fhe refufed to go,
and cried ; but they do neither of ihf m fay
he preflcd her to fpeak any thing more than
fhe knew, or againft her knowledge.

Juft. Pemberlun. No, one of the wit-
neftcs laid, he told her it was to fpeak her
knowledge.

Then \^;lliamClow was '.'xamined.

Juft. Dclhen. Come, what fay you ?

Clow. The 2 id of May laft I had a writ-
againll Bolron, and my man arrcfced him
and brought him to my houfe.

Juit. Dclben. At whofe fuJt ?

Llo-w. At the fuit of one Higgringil that
was fervant to Sir Thomas, i:nd there I had
him two days and would not carry him to

the

A COLLECTIO

gaol, for he begged of me I would not -,
but then I toid him I would keep him no
longer there, for he had no money for
lodging and diet ; but he begged fo hard
of me that I would but tarry tdl Higgrin-
cril came, and then he did net care wiiat
they did with iiim ; tor lie would make
Sir Thomas pay Higgringil his debt that
he owed him, or lie would play him fucli a
trick as he little dreamt of.

Jufl:. Do'ben. When was this ?

C'.ow. The 2iil: or 2:d of May laft, or
thereabouts.

Juft. Do lb en. May laft ?

Clew. Yes. And fo Higgringil came
over, and they did agree, and he gave him
a leafe of an houfe he lived in, and Hig-
gringil took the charge of both ti;e dtbts
upon him.

Then Hobart ftood up.

Sir T. Gcjc. Speak whether he pretended
he writ a letter to the Duke of ^]onmouth
from Leeds.

Mr. Ilolnrt. My Lord, I have nothing
to fay to that.

Jull. Jcnes. What can you fay then ?

Hcbart. Ail I can fay is to the fums
of money returned to town.

Juil. Dclben. He did not mcnt'on that.

Hcbart. If you pleafc to let n'ie declare
what I know about the retu.rning of the
money.

Juft. Pcmlertcn. Pray fpeak what you
know of your o^n knowledge.

Hihart. For moft part of it Ikno// of
the payment of it, and to whom-, iSool.
there was paid to Mr. Trumba! abaut the
purchafe, it was paid at Mr. Mawlon's, I
was a witncfs to the C\^t-!i., and to the re-
ceipt.

At. Gen. That is fome, but what to thj
reft ?

Hobart. 200I. was paid to a client of
mine, 80I. was paid to one Widow Caw-
fon thu was upon bond.

Jull, Doiben, Hovv much was paid to

N o F T R I A L S. 403

Mr. Corker ?

Hobart. Several fums, above jocl. paid
to Corker in S:x years time.

Jufl. Pembertcn. Nay in four years time.

Hobart. This 300I. and 30CI. before I
drew the receipt for, and commonly he or-
dered me when Mr Corker came for it,
that I fliould have a receipt from Mr=.
Mary Appleby, and it came back figned by
her, to whom Sir Thomas was guardian.

Jurt. Coiben. And v.^as all this money,
paidtoCoiker upon the account of this
Apple by .?

Hchart. It wa? mentioned in the receipt.

Juft. 'Dolhcn. How much was fhe to have
by the year }

Hclart. tool, by the year, or two fome-
tinies.

Juft. Dolhcn. How came flie to have
9C0!. in four years ?

Holart. My Lord, I will tell you ; for
that rh^'re was an arrear upon a fuit between
Sir Thomas and Mr, Appleby, this Mrf.
Appleby's father, and upon the hearing of
the caul'', my Lord Keeper Bridgman v.^as
pleafed to order, that this money (liould be
paid to Sir Thomas for the ufe of the daugh-
ters ; 20cl. a-year, that is lool. a-piece ;
and there was an arrear f jr three or four
years during the fuit, about 2 or 300I. it
was ; I drew a receipt for it, and Sir Tho-
mas being prefil-d for the money by Mrs.'
Appleby, who went beyond Tea, he fent to
Corker to get the niomy returned to her.

Jufl. Dollen. Ay, but you dance about
the bufh : was there an arrear of 500I. ?

hhlcrt. For thiee or four years, and
Mrs. Kavenfcroft was one of the fillers,
her part was paid when flie was married,
hut ;h!3 gentlewoman's was paid beyond
lea.

Jufl. Dolh-n. Were the arrear.-; from Sir
Thori as to tlie gentlewoman beyond fca ?

Hohart. Yes.

Jui^. Dcllen. Are you fure th-re was ?

Hobart, Yes, Sir Thomas told ine lb.

Ucbart,

404 A C O L L E C T I

Juft. Peinlerton. Who was to pay ihis
money ?

Hohart. Mr. Appieby, by order of my
Lord Keeper.

Jiift. Jones. Sir Thomas was guardian,
was the eftate in Yorkfhire.

Hohart. Ir did arile out of" rents there.
Then one Culiiford was calleJ.

Juft. Dolhen. What fay you, what do you
know of this matter ?

Cidliford. This gentleman lodged at fuch
a time at my houfe, the ij-th of June 1677,
he was at my houfe fcven weeks, and he
vas gone three weeks, and returned again •,
he was three weeks away.

Juft. Jones. What gentleman was this }

<:uliiford. Mr. Moubray.

Juft. Dolhen. What is that to the pur-
pole ?

Juft. Jones. How do you apply that ?

Holart. Mr. Moubray hath faid he fent
a letter to the Duke of Monmouth.

Juft. Dolhen. There hath been no men-
tion made of any fuch thing ; have you any
more witnefTes ?

Hobart. No.

Juft. Dolhen. Then ask Sir Thomas
•what he hath to fay for himfclf.

Hohart. Have you any thing to fay to the
c-ourt for \ourlclf .''

Sir TGafc. No, I refer myfclf to the
judgment of the court.

I hen a woman witnels appeared.

Sir 7. Gafg. What do you know concern-
ing Mowbray, whether he was fufpedled of
ftealing wlien he was at my houfe ?

lVil7iefs. Yes, he was, my Lord, he would
have given me 5I. to have gone away, and
he did intend to have clapped me in prifon,
and laid it all upon me.

Juft. Dolhen. How do you knov/ that ?

fVitnefs. He toUi me fo.

Mowhray. Tliis is a common woman
and not to be believed.

Serj. Maynard. My Lord, we will reply
but one lliort thing in matter of evidence.

ON OF TRIALS.

Much of this that hath been .criven by the
defendant hath been to cake off the credit
of the witneifes, and for Bolron they would
fuggeft that he hath been dillioneft to Sir
Thomas, but when Sir Thomas himlelf was
examined to that point before the council,
he faid he found him honeft, but only ac-
counted him a tool.

Juft. Dolhen. That is proper for you to
do now brother.

Serj. Majnard. And Sir Thomas being
examined about Rufhton. he faid he did not
know fuch an one, and then afterwards he
did fay he knew one of that name. Here
is Sir John Nicholas the Clerk of the Coun-
cil. [Who was fworn.

At. Gen. Pray, Sir, do you know what
Sir Thomas Gafco'gne faid at the council-
table .?

Sir J. Nieh. ' He was afked whether he
knew Bolron, he faid he knew him very
well, he had been his fervanttiil within this
twelvemonth or fomething more, but for
his honefty he had nothing to fay to it, till
of late he had not behaved himfelf fo well
in giving informations againft him. But
he did find him now what he did always
take him to be, a fool.

Juft. Dolhen. What did he fay about
Rufhton ?

Sir 7. Nich. At firft he did fay, he did
not know Rufhton the Prieft, but after it
was brought to his memory, he laid he
knew one of that name.

y/t. Gen. It is taken down in the minutes.
Sir John liok upon them.

Sir J. Nich. He denied at firft that he
knew Ruftiton the Prieft, and afterwards
the next time he came to the council, he
fiid he did deny ir, becaulc he was afraid
of an old law againft harbouring of Priefts,
. At. Gen. If your Lordfhip pleafe we will
now trouble you with a wiinels or two,
in anfwer to what Backhoufc and Hard-
wick have laid as to Bolron's threatening of

his

A COLLECTIO

his wife. We will call the wife to give you
an account of thar.

Juft. Dolhen. They diJ not charge him
that they prefled her to hvear falkly.

Juft. Pemberton. That does not at all
touch upon the witnefs.

Att. Gen. ii the court: be fatisficd we
will trouble you with that no further.

Juft. Jojies. I believe Backhoufe did fay,
That this Bolron would have his \\ifego
before the Juftice of Peace, flie faid ihe
knew nothing at all, yet he would have
her go and teftify her knowledge, and if flie
would not, he would have her dragged at
the horle's tail.

Alt. Gen. I think it is necefiary to call a
witnefs or two to that. Firft to call her
herfelf. [Then Mrs. Bolron was fworn.

Att. Gen. What did your hufband
threaten you to make you fwear againft Sir
Thomas Gafcoigne ?

Juft. Dolben. Now you are upon your
oath, fpeak the truth.

iVlrs. Bolron. No, never in his life did he
threaten me upon any iiich account.

Juft. Dolben. Do you temeniber when
the conftable cime down to have you go
before Efq; Lowthcr ?

Mrs. Bolron. Yes, my Lord.

Juft. D-lben. How chance you did not
£0 with him .''

Mrs. Bolron. I was unwilling to go then,
becaufe I could -fay little to the p'arpofe.

Juft. Dolben. Did he iife any threats to
you to make you fwear againft Sir Tho-
mas ?

Mrs. Bolron. No, my Lord, but he would
have me go, whether I laid any thing or
no.

Juft. Dolben. Did he ever defire you to
fpeak any thing you did not know ?

Mrs. Bolron. No, my Lord, never in his
life.

Alt. Gen: My Lord, Mr. Bolron dcfires
to have this woman, his grandmother, be

Vol. l.No. i8.

N o F T R I A L S. 405

j afked whether he threatened his wife .''

[And fhe was fworn.

Sol. Gen. She was by at that time.

Juft. D^/Z'cw. Were you by at that time
when the conftable came to carry the wit-
nefies before Mr. Lowther .''

Mrs. Bolron, Sen. Yes.

Juft. Dolben. Heark you, did not you
fee the woman that went over there, cry,
and fay Ihe was unwillino- to eo ?

Mrs. Bolron, Sen. Her huiband faid flie
fliouki go, though fhe faid nothing.

Juft. Dolben. But her hufband did not
prefs her to fay any thing but w ha was
truth .?

Mrs. Bolron, Sen. No, indeed did he not.

Juft. Pemberton. And did not feem to
ftick before.

Att. Gen. What can you fay to this honeft
man here your fon ?

Juit. Dolben. I'll warrant Hie will fay he
is honeft itill.

Att. Gen. But here are a company of
people would make iiim a diftioneft inan.

Mrs. Bclro7i, Sen. Sir Tho. Gafcoigne
faid he was as truthful a fervant as ever he
had in his life.

Juft. Dolben. Did you hear him fay fo ?

Mrs. Bolron, Sen. I heard him fay fo in
his own chamber.

Juft. Dolben. When ?

Mrs. Bolron, Sen. After he was mari-ied :
And befides Sir Thomas did lay he would
do any thing he could for him, in relation
he had been a true fervant to him.

Juft. Dolben. Call Mr, Phifwick again.
(Who appeared.) Look ye. Sir, you are a
man that I fee have been trufted by all the
family of the Gafcoigne's, and you know
in what reputation he was.

Phifwick. Sir, while I was his fellow-
fervant I knew no ill by him.

Juft. Dolben. Was he accounted an ho-
neft man ?

Phifzuick. I can fity nothing to the con-
trary.

5 L Scrj

4o6 ACOLLECTI

Serj. Mayiiard. Then my Lord to con-
clude, I defire to fpeak a word. On the
one fide here is an ancient gentleman's life
in queftion, and that or his death are to
be. the ifiiie of this caufe -, on the other fide
here is the dii'covery of a plot upon which
all our lives, ourreligion, and the life of our
King depend. It did require your patience,
and you have yielded it. Where lies the
queftion ? If thefe witnefies that have been
examined be believed, there is no quelUon
but he is highly guilty of the plot : The
witnefs tells you, when there was no talk of
the plot, there was a preparation ot a falfe
and fraudulent conveyance to be drawn by
advice of counfcl, and why was this made ?
Left he fliould forfeit his eftate. Tiiis is
proved in the beginning. You find next a
meeting of the Priefts, and there what they
did, does not concern this gentleman at the
bar till he took notice of it, and then joined
in it, and approved of it, and did declare it
•was a worthy plot, a meritorious plot for
the good of the church, and at laft particu-
larly he would give loool. to Bolron to
deftroy the King and murder him. The
other witnefs agrees with him, and what is
faid againft all this ? They have called and
examined I think nineteen or twenty wit-
neffes, three touching the threatening of
his wife, but that falls out to be nothing -,
two alehoufe keepers that flood at the bot-
tom of the flairs and overheard their dif-
courfe ; but you have all heard how they
have contradi(5led one another, they had
not agreed well enough together on their
ftoiy. All that the reft do is meant thus,
and fo farthev make fumething of it, that
there fliould be a debt due from this Bolron
to this gentleman, and io it were fome con-
trivance as if he v.ould do it by way of re-
venge •, it does fall out many times that men
do quarrel, but this is a bufincfs of another
nature. They fay that he fliould threaten
he would lerve him a trick, or there were
fome fucli words ; but under favour, the

ON OF TRIALS.

queftion is of the truth of his teftimony ;
now it is not likely, that they knew what
' his teftimony would be, and there is nothing
{ againlt the other witnefs that concurs with
' him, but the fellows that were upon the
I ftairs, that talk one of one part of the flairs,
1 and the other of the other. The matter
} is clearly whether the witnefl"es be to be
believed, or whether there be any thing
; fufficient ofi^cred to take offthtir teftimony.
I You will be plealed to of ferve as to wliat
was fpoken about the money and the nun-
nery, we brought you alerter from the Prieit
who was mentioned to be one of them at
the meeting, Pracid, that writes and dates
his letter from the place the witnefs fpeaks
of, and theie you will obferve that in one
of the letters it is exprefled " If Lingland
be converted," (there is the main of the
plot) for all I fuppofe goes to that purj^ofe,
pray who thought of England's converfion
at that time ? What led ihem into that but
a confcioufnels of a dtfign to convert Eng-
land ? My Lord, another piece of a letter
there is concerning the oath of allegiance,
you have heard it read, and every body
knows what the meaning of it is, it is the
engine of the Jefuits that if they can but
draw men oft'rrom their fidelity to the King,
whereof there is no teftimony fo great as the
oath of allegiance, they need not ule fo
much of equivocation ; but that is an abo-
minable thing, and not to be endured to go
take off the ffrength of that oath that ha h
been taken by men more honeft than the
retf, and not fuffering the reft to take it at
all : And it is a damnable thing that they
flrould aflcrt the King is an Herctick, and
the Pope has depofed him, therefore it is
meritorious to kill him ; but you have
heard the evidence fully, and it needs no
aggravation.

Mr. Sol. Gen. My Lord, I think the
evidence hath been already repeated by
Mr. Serj. Maynard, and my Lord, I think

there h nothum in this

but only the

credit

A COLLECTION of TRIALS.

4C7

*^redit of the witnelTes, for if they be to be
believed, there is an evidence as full as
can b". I know youi- Lordfhip obferves
how it is introduced, how they are fortified
in fome circumftance?, which Sir Thomas
did at iirfi: deny. They tell you that he
had a pious i-r.nt to found a nunnery,
and did proceed To far as to make a fettle-
nienr, this was deny'd by Sir Tho. Gaf-
coignc, but hath been verified, and made
out by his own booI<.s and letters writ to
him, which wore found in his own cul-
tody. This did Sir Tho. Gafcoigne do
with nn expectation of a fudden change,
for the letters do declare, that England
was to be converted as they called it, and
therefore they had fettled their matters in
order, and they thought fit to inlert that
provifo in the iettlement, that if England
lliould be converted, then the money was
to be dirpoftd fo and fo. But your Lord-
Ihip likewife obferves, and you, Gentle-
men of the Jury, what other corrcfpond-
ence Sir Tho. Gafcoigne had with one
CornwalHs or Piacid a Fritfl:. He re-
ceives a letter which fliews you what the
principles of all the Catholics are, how
far they have proceeded to take away even
the Oath of Allegiance, and the confe-
quence of that how far it wi 1 go, when ]
they think themfelves obli>;ed in con- {
fcience to caft off fidelity to their Prince, ;
and what mifchiefs may enfue no man j
knows, but we may in part imagine. You
have already had fufiicient difcoviry to
make out the ufe of this inftilicd principle,
and that is the defign to kill the King,
for this you hear wliat the evidence fay.
Mr. Bolron one of them is fent lo the
Prieft to be inftufted by him •, and by him
was chid for ofiering to go againfl their
principles to take the oath, and told him
he was damned for fo doing. And pre-
fently after he was examined by Sir Th.o.
Gafcoigne upon fome difcourle with him
what Kufhton had faid, who had moved

him likewife to kill the King as he fays.
Sir Tho. Gafcoigne knew to what purpole
he lent him thither, not only to renounce
the Oath of Allegiance, but to carry on
the defign which he had in hand, and did
introduce by laying afidc the oath, and tells
him he muft ent^age in the defipn to kill
the King. He examines him what the
other had fpoke to iiim of, and he faid he:
knew it was more than bare chiding of him
for taking the oath of allegiance, and he
told him tor his better encouragement to
go on, that if he would undertake, he (hould
have loool. And this is the fum of Bol-
ton's evidence as to Sir Tho. Gafcoigne.
What then fays Mowbray, the fecond wit-
nefs, he vvfas fo faithful a fervant and fo di-
ligent, that he v/as employed by Rufiiton
the Confefl'or to attend him at the altar, and
being in fcrvice immediate about him, and
he being by that means fo dear to him
waited upon him in his chamber, and was
privy to all the confultations held theie.
And he gives you an account how long
this plot hatiibeen in agitation, for they had
been difcourfing a good while of it •, and
refolved it fliould be done if not by fair
means, by foul, and tells you plainly by
killing the King. And that he heard Sir
Thomas Gafcoigne himfelf declare that
it was a meritorious afc to kill the King,
atid that as before he ha.] the oath of fe-
crecy given him by Ruihton, fo he did
declare (which Mowbray (landing at the
door heard) that he would never fwerve
from the oath, but he would affid to the
utmoft of his power, and they that were
with him faid, I'hey would Hand by it vvith
their lives and fortunes ; and when my .
Lady Tempeft urderftood he, was there,
and was jealous of him, fhe bid him go
down, and entertam-the guefts below ftairs.
So h.re is an evidence from two witnefles
as full as Cc.n be in any cafe, that Sir Tho,
Gafcoigne was privy to the confpiracy, and
himfelf partaker of it, to kill the King.

Ail

4cS A COLLECTION

Afl th:U haih been iVid againft them, is to
vUity their reputation. As to Mowbray I
hvar but little, only there arc two witnefies
that t<!uch him •, and indeed if theie wit-
nefTts were to be believed, they fay a great
tivat is, They were in an

F TRIALS.

deal •, tivat is, They were in an alehoufe
t02;cther, and heard them confpire to take
av/ay liie Life of Sir Thomas Gafcoigne.
Indeed Mowbray faid, for Sir Tho. Gaf-
coigne I know nothing but that he is a very
honeil gentleman, but for my Lady Tem-
pefc, if I could hang her 1 would That
they fliould hear them contrive this toge-
ther, and confpire hov/ they fliould take
away the lives of this gentiemian and the
otiiers : Indeed, if thefe men fay true 'tis a
great matter to take off the credit of their
teftimony, but you heard gentlemen how
they did vary •, for the one faid, as I ap-
prehended, at firft he was in the room, af-
terwards he was below flairs. Afk the one,
Could you hear them ? Yes. Could you
fee them ? No ; laid the other Yes. So
that they were n t viell provided, as to that
matter, nor had they confulted that point
well, where they fiiould agree to ftand to
overhear the matter. Now if that be
likely, they fhould in the prefence of two
perfons whom they did not know, and one
of them they never faw, but in the court,
declare and difcourfe of fuch a matter as
this for the taking away the life of Sir
Thomas Gafcoigne, then we have nothing
to fay to them, we mtift leave the cridit of
that to you, you will obferve their variety
in the ftory, and the improbability oi the
thing. But then for Mr. Bolron, the evi
dcnce agaiiiil him is, that he is a very dif-
honeil man, and that this is all out of
malice to Sir Tho. Gafcoigne, becaufe he
v/onld fue him upon his bonds. You ob-
ferve how he does behave himfelf under
that profecution ; all that he hath he is
willing to part wich for payment of his
debt, lie makes over his eftate for fatif-
fadtion and fecurity, and does as much as

an honefl" nun do, all he hath fliall He at
flake : And as for Sir Thomas Gafcoigne
himfelf, he had no fuch opinion of him in
point of dilhonefly, for he declared he lived
in his fervice without exception, and .faid
before the Council, he knew nothing of
diflionefty by hmi but only this information,
and now he found him to be (what he always
thought) a great fool. Now whether he
thought him a fool for telling this flory, or
what elfe, you may explain the meaning of
his expreOion ; but as for any thing of dif-
honefty, there is nothing againft Mr. Bol-
ron. He was in debt 'tis true, but what
he had lay at flake for the payment of it,
and as far as it would go Sir Thomas miaht
take it, but that for malice he fhould come
to fwear againft hirn, there is nothing clearly
made out. One witncfs fays indeed, than
he (houid fay. Does Sir Thomas Gafcoigne
intend to fue me, then I will do what I did
not intend to do ; whether that be a fpcech
of malice or no, or rather does confirm the
truth of his evidence,', is left to your con-
fideration : It fhews rather, there was fome-
thing that he had in his power to do before
any profecution from Sir Tho. Gafcoigne,
or any occafion of his malice againft him ;
It hath not the necefTary import of a mali-
cious fpeech, that he did intend not to do
fuch a thing, and becaufe he was fued did
do it ; that therefore is only truth and no
malice. For the other matter that is faid
againft him, That he fliould endeavour to
luborn his wife to fwear falfly, that was by
no means fully proved, but rather that
matter hath been fufficiently cleared, tl)at
though (he faid fhe knew nothing, yet he
would have her go though flie faid nothing,
and you hear what the evidence hatii been
for Mr. Bolron, that lie never did prefs her
to fwear falfely, nor threaten her if fhe would
not, but only defired her to declare her
knowledge, if flieknew any thing, the truth
and nothing but the truth. '1 hefe are all
the objeclions made againft the credit of

the

A COLLECTION

the witnefTes •, and I think if their credit do
ftand, you cannot have a clearer evidence
to convi6t any one that hath been given
you to day ; but tliat we leave to you, and
iubmit thefe obiedlions, whether they have
any weight in them, and whether they have
not been fully anfwered.

Mr. Serj. Maynard. And our evidence
is given in all upon oath, and their's is
not.

Mr. Juft. Jones. Gentlemen, you of the
Jury : The prifoner at the bar Hands in-
dited for High Treafon, and for High
Treafon of the higheft nature^ for con-
fpiring to take away the life of the King,
and for endeavouring to change the re-
ligion, the Proteftant religion into Popery ■,
that is, contriving to extirpate the religion
of Proteftantifm here, end introduce Po-
pery inftead of it ; and cei tainly greater
crimes than thefe no man can be accuftd
of. Tiiere have been produced, on the

OF TRIALS.

409

behalf of the King, two witnefles, Mr.
Bolron and Mr. Mowbray, both of them
fervants to Sir Thomas Gafcoigne the pri-
foner, and therefore might very polTibly

to another place. There was at this Nun-
nery appointed an Abbefs, an afiiftant, and
feveral Nuns ; and Sir Thomas Gafcoigne
fo well knew of this, that one of them that
was appointed to be a Nun, at the time of
her taking horfe,- he faid to her, " There
goes an old maid and a young Nun." And
thcie are letters come from that very Nun-
nery, and from the Priefl that was ap-
pointed to attend the.m as Confeflbr, which
have been read to you. And there is ano-
ther preparation thought necclUry to intro-
duce this plot, and that is, that all Papills
might be feduced into an opinion, thai it
was a dangerous thing to take the Oath of
Allegiance, and that it was a damnable fn :
For this pm-pole letters came from tlie
Doftors at Sorbonne, and they determine
it to be fo, left any man of that religion
fhould be fo good a fubjeft as to proii^fs
obedience to the King in temporals. Then
the plot goes on between Sir Milts Staple-
ton, Sir Francis Hungatt, Sir Charles Va-
vafor. Sir Thomas Gafcoigne, Mr. Gaf-
coigne, Middleton, -Rufnton, my Ledy
Tempeft, and a great company more ; all

and probably enough be privy to. all they j met together and confulring in Sir Hiomas

have faid and teftified in this, cafe. It does
appear by them both, that Sir Thomas
Gafcoigne was a very early m,an in the
plot (if they fay true). We heard nothing
of it till the long vacation (78) but it

Gafcoignc's houfe, in his great room, his
old dining-room, to this purpofe, not only
to bring in their religion, but kill the King
exprefsiy (fo fiys the witnefs) I think they
had often talked of it before the witnefs in

feenis Sir Thomas Gafcoigne was a plotter) the Prieft's chamber; for he being then a

and confpirator in the year 75, or 76.
And that he might be able to do this fome-
what more iafeiy, he contrives how he

Papift was privy to his niafter's defign, and
the reft of th.e confederates, for killi'ng the
King, which was the only thing they de--

might convey away his eftate to prevent ; fired to effeft, as the beft way to bring in

the forfeiture ; and !ie makes an aifurance
of it to Sir William Ingleby, colourably,
as the witnefles fwear, for iccol. And it
does appear likevvife, as to the introduftion
ofthe Popifli religion here, they began to
fettle a Nunnery, and it was lit to do fo
againrt England lliould be converted ; firft,
in luch a place-, but if it happened Eng-
oland-were converted, then to be removed
"^ Vol. 1. No. i8.

their religion ; and there was great reafon,.
to do it they faid too, for the King had not ,
kept his word with them when he was in h'%.-.
exile, for they faid, he had promifcd, if he
was reftored to his kingdoms, he would
reftore the ^opifli religion, bin now he was
returned, and had broke his promjfe, and
nothing more was to be done, the Pope
having declared him an heretic, but to
5 M deftroy

4'o A • C O L L E C T I

t'tllrov-Kim'-, and this was that which was j
a-jreevi luvion'g thcini'^rhe 3Qt!;>. of Muy. j
i.it,.- after divers othtr conTuTcs, l^ad^atippt
if, tlif jprleft Rulfliton being ac.'Sir ThoiVas
.(jaicoigne's iioule, Borrbn is dcTirec! cd go
iiito the gallery, and there prefehtly Comes
in Rtiiliton, Sir Thomas's Prieft ; Bolron
aquaints iiim that he had been at the fef-
fions :.ni taken the Oath of Allegiance ;
As I'ojn as ever lie heard it, he cries out,
-He ha \ coinmitted a damnable fin, he mull
of n.'celTuy renounce it, and repent of it^,,
and he could give him a pr.rdon, lor he
had an extraordinary power, moie autho-
rity tlian others, he could give him ab-
foUuion it he did repent of it, and that no
Catliol.c muft by any means take tlie oath.
A while after they had a difcourfe concern-
ino; killina; the King : and the witnefs favs
indeed he was not aftually in the room, for
he fays he ftood at the door, and heard all
the difcourfe, til! at laft the Lady Tempefl,
one of the conlpirators, taking notice of his
being there, fent him down Itairs.

Mr. Juft. Pembei'ton. That is Mowbray.

Mr. Mowbray. I was called into the
room and then fent down.

Mr. Juft. Jones. 'Tis true, brother, that
was Mowbray : But as to Bolron's difcourfe
with Rufliton j when SirThomas Gafcoigne,
who was not in the houfe at the time Bol-
lon was with Ruihton, but had given a
charge he fliould not go before he had
fpoke with him : When he did come hoine
and fpoke with him, he takes upon him to
go on with the difcourfe concerning the
plot, and he fwears pofitively that he offered
he would give him loool. and this he
fwears he fhould have paid him in London.
This is exprefsly the tcftimony of Bolron.
Now what fays Mowbray ? He tells you
(though that is but introduction to make
Ins evidence more probable; That there
was great refoit of Priefts to the prifoner's
houfe. He tells yoi: of the difcourfe and
conlultation the- Priefts had in the houfe,

ON OF T R I A L S.

and that it was exprefsly and precifely for
killing the King. He tells you, that he
dkV ftand at the^^oorand heard ir, as I^b»
fcf ved, before •, and he tells you too, which
i)ach nof been.obfcrvcd, that at that time
t"here was produced a lift of four or five
!)undred perfc^ns that had engaged in the
defign-of killing the King; he did fee the
lift, he. d^i<;^ fe^ Sir T-honias Gafcoignc's
hand, v;hich he very well knew and was
acquainted v,'itJi, and w,hich migiit very
w^jl.'be^,bein,g his fervant. So that here is
not only a difcourfe and agreement by parol,
that he fnould be in the confpiracy, but if
you believe him, he fays, that l>ere is
actually the hand of Sir Thomas to the
engagement to do the villainy; and truly
they that were of that perfuafion at that
time might eafily be induced to it. For it
was agreed amongft them, that they ftiould
have a plenary indulgence of ten thoufand
years, and it was a meritorious ad ; and
though Sir Thomas perhaps was not io ready
to contribute in all things, yet hearing of
the meritorioufnefs of the afl:, and withal
that he fliould be canonized for a faint for
this piece of piety, he certainly might rea-
dily confent to it. Mr. Mowbray indeed
was afl<ed, Why he did not difcover it
fooner ? He tells you why, He was in fear
of the Papifts , he was threatened ; and
very like he might be pofilfied with fear,
and fo might a man of greater conftancy
j till the bufinefs was difcovered ; and there-
j fore he did not talk of it in the country, but
carne up here, v^here it was rnorc fafe to
difcover it, and hath been here ever fince.
Befides this teftimony of thefe witnelTes,
gentlemen, there are lome papers produced ;
Ibme that inention money that hath been
conveyed by Sir Thomas Gafcoigne, in
confirmation of the teftimony of Bolron the
firft witnefs, who docs fwear, that he heard
Sir Thomas fay, he would tend 3000I. to
the Jefuits to go on and profecute this
plot ; and afterwards lie did hear hun lay,

A COLLECTIO

he Ivad lent the 3000I. that he had pro- j
miied. Now ic docs appear by Sir Thomas's 1
almanack that he had knt leveral Turns; i
his receiver Phifwicic did I'peaic of 6000I.
and he himfflfdid give a touch towards it.
Indeed Phitwick was a receiver for Sir 1
Thomas, and likewife for his Ton, and for i
the Lady Tcmpcft-, but it is impolTible, if 1
they had fmt all the money that ever they '
liad, and conlidering too, that the Lady :
Tempeft, as appears by the witneifes, lived
in the cc/Untry, t!iat it could have amounted ',
to near that llim of money ; for (he had i
but 300I. a year, and the eldefl fon had but |
400I. a year, ho*- then could 6000I. be re-
turned for them in four years time ? 'Tis |
true, there is fome anfwer given as to that !
600!. by that witnefs Hobart, who lays j
there was a fuit, and lool. a year decreed j
to be paid to Mrs. Appleby, Sir Thomas's
neice, for lb many years, and he to take
care of fending that to her ; and though
that was but lOol. a year, yet there was a
decree, or fome order, to pay the arrears
with the other money, which made it up
900I.

The evidence for the King againft the
prifoner is but two witnelTes, but they as
pofitive and cxprefs as poffibly can be.
What then is faid by the prifoner, or the
witneflTes in his defence ? There is one, that
i^ Shippon, that gives fome tcflimony againfi:
the very evidence, and the polBbility of it
to be true in one part of it : For Bolron lie
telis you, that the 30th of May was the
time when tiiere v.'as that confult held at
Sir Thomas Gafcoigne's in the gallery with
the Prieft, that he flaid there till night,
and that then Sir Thomas talked with him
and made this profer to him for the murther
and deftruftion of the King. Here comes
a witnefs, Sh'ppon, and tells you, that the
very 3&th of May, Bolron was at his houfe
at two o'clock, and ftaid an hour or two
after fun fet : If that were true, that he
was there all that time, it is not then true

N Of TRIALS. 4x1

thu he fpeaks of about Sir Thomas Gd-
coigne •, and it was impofli'ile that he flioulci
be at the confult at that time when he fays
he was there, and afterwards fpoke to Sir
Thomas Gafcoigne. Nov.', gentlemen, you
have the King's witnefs upon his oath ; i-.e
that teftifies againit him is barely upon his
word, and he is a Papift too, fur that he
was alked, and he did ci.-nfefs himfelf io.
1 do not lay tiat a PapifV is no witnef;, a
Papifi: is a witnefs, and he is a witn-fs in a
i'apift caufr, and for a Papift •, but I mult
tell you, there is lefs ci edit to be given to
a Papift in a caufe of this nature, who can
eafily believe they may have indulgences
and pardons enough for faving onr from
the oallov/s who is to be canonized for a
faint if the plot take efFecl. He hath only-
affirmed it who is a Papift, the other who is
a Proteftant fwears what his evidence is.

Mr. Babbington, who was the firft wit-
nefs examined for the prifoner, he tells you
there had been fome debates and differences
about rent and money that was owing by
Bolron to the prifoner. He laboured and
interceded often on his behalf, but at length
not being able to prevail that he (hould net
be fucd -, the witnefs fwears, I will then do
that which I did not intend to do. What
he meant by it is doubtful, and it is an am-
biguous fpecch, but to interpret it that he
would fwcar falily to take away a man's
life, and fo commit both murder and per-
jury, is hard to infer and conclude from
fuch doubtful words. There are fome
witneffcs that tell you, that is, Moor,
and others, that Bolron did lay and fwear
that Sir Thomas Gafcoigne was never
concerned in the plot : That might very
well be, efpecially if you take the time
when he did fay this, he was a Papift
a great while after Sir Thomas had en-
gaged himfelf in the plot, and while he
was fo, ir is not unlike he would venture
an oath to fave any of the fame perfwafion
and religion he himfelf was of. But what-

foevcH"

4Ja

A COLLECTION op TRIALS.

loever he faid it was not iudicially, he was fome talk Boh-on tells him he had fome-
not bound to difcover to him lie ipoke to, thing to fay to him, and what was it ? Bol-
he is now upon his oath, and you have | ron was told that he had charged ibme per-
heard what an exprefs tcflimony he gives. '; ions that he ought not to do, (cxcuied them
As to what is faid concerning his wife, ; for money that did not take the oath of
that he fliould endeavour to perfuade her : allegiance as they ought to have done) and
contrary to her knowledge togive teftimony it leems he did it here, and fo far he went

againft Sir Thomas Gafcoigne, and there
fore he is not to be believed here upon his j Peace to prove it.
own oath, who would have his wife fore-
fwear herfelf to fortify him : There is no
fuch thing, and it does appear by the evi-
dence of thofe that are fworn, that he was
earneli, and would have his wite go and
teflify her knowledge ; but did not infufe
or intiniate any thing to herfhe Ihould fay,
whether ilie did know it or no: And to
affure you that, you have the oath of the
woman herfelf, who hath been prefcnt here,
and tells you the fame thing. Dixon he
comes and fays, in Auguft lalt, Mowbray
faid he knew nothing of theprifoner, which

may be anfwered by his fear; but concern- : deed was fpoken by Higgringil, that is, it
innr the two witnefTes that Mr. Solliciior t was generally reported in the country that

as to bring witnelfes before the Juftices of
And although tiiey did
not give evidence againft Mr. Pebles in
that very particular, yet certainly he thou;i;ht
they would have faid fomething, but that
does not argue at all, that becaufe he did
accufe Mr. Pebles (as he thought juftly in
that particular) therefore that now he
fhould falfely accufe Sir Thomas in a
matter that concerns his life fo highly.
There are fome other things that were faid
by the witnefTes that would tend towards
the proving of ibme malice in the witnclfes
towards Sir Tho. Gafcoigne, and thereforc
they give in this evidence : One tliina in-

did take notice of, he did tell you, and it is
plain, how very improbable it was two per-
fons fliould fpeak in the prefence of ftran-
gers, and tell them they were about to take
away the life of another perfon, the one of
the Lad/ Tempeft who had done him a
difpleafure, the other of Sir Thomas Gai-
coigne, but Mowbray at that time faid he
knew nothing of Sir Tho. Gaicoigne -, but
gentlemen, befides what was laid before,
this is improbable any llich thing fhould
be, and you hear the witneflcs, at leaft one
of them, that he never knew one of the
tv/o.

Bolron. 1 knew neither of them.

Juft. Jones. I fliould be very loili to
omit any thing on the witnefTes fide, or that
hath been materially teftified againft them
on the prifoner's. I did not conceive the
evidence given by Mr. Pebles to come to
any thing at all. There was a difcourie
between iJolron and him at lail alTizes, after

Mowbray had taken away money from Sir
Tho. Gafcoigne, and that Mowbray him-
fclf iaid, that as they had endeavoured to
take away his fame and life, now he had
found an opportunity to requite them. So
iaith the witnefs, but it is not very pro-
bable. I leave it with you upon the credit
of the witnefTes for the King, who have
fworn it upon their oaths, and the others
that go upon their words, and not their
oaths, whether they have taken away the
force and ftrength of the King's evidence
which is as full, expreis and pofitiveas can
be by two witnefTes.

Gentlemen, here is on the one fide the
life of an ancient gcn&leman before you, on
the other fide there is a confpiracy againfl
the life of the King, who is the breath of •
our noftrils, and whom God long preferve.
I know you being upon your oaths will-
' take into yourconfiderations both, and give

a, verdiCc'

A COLLECTIO

a vcrdift according to the evidence you
have heard.

Jull. Dollen I will tell yon, gentlemen,
I cannot forbear laying one thing to you.
There is fome evidence that makes it a very
improbable thing to be true what Mr. Bol-
ron hath faid, and yet Mr. Bolron having
laid it fo pofitivcly, and Mowbray agreeing
with It, probabilities muft give way to po-
fitive proofs. I law you did obferve it
when it was mentioned, and it is true, to
me it feems improbable that at the very
fame time that SirThomas Gafcoigne fhould
iue him upon his bond, and take a courle
to turn him out of his houfe, that he fhould
then be privv to fucli a confpiracy ; it is
improbable either that Sir Thomas fhould
offer him fuch a fum of money to kill the
King, or if he had, that he Ihouid after-
wards take that courfe at law againft him.
Now for that I fay this to you, you are to
give a verdidl according to your evidence.
'I'hey have fuch fecret contrivances amongit
themfelvcs (and he was a Papiit at that
time) that where there are two men that
politively tell you a thing that lies within
their own- knowledge, and fwear it is true,
it is fcarce any improbabilltv that Ihould
weigh againft fuch an evidence.

}M^.Pemberton. And, gentlemen, confider
withal as to that, for truly my brother Dol-
ben hath rightly minded you of that im-
probability, for it was no more : But then
you mull confider all the circumilances.
it is indeed at the firft blufh improbable
that a man would communicate fo oreat a
fecret to another, if he did intend to fue
him for money he owed him, but then it is
likevvife as improbable that he would pro-
voke him by a luit if his life were in his
hitnd ; but confider the delivering of tiie
leafe of cjeftmcntj and thofe things were the
)3th of June.

Bablingtori. But I had fued him before,
my Lord,

Jult. Dulhc',1. The 2d of June he fays.

Vol. I. No. iS.

N OF TRIALS. 41 3

Balhington. I had diredlion long brfore
I did it.

Juft. F ember ton. Tliey threatened him
the fccond, but they did not do it. But
look you, gentlemen, confider this, I do not
doubt but Sir Thomas Gafcoigne was fure
that this man durft not difcover any thing
of this, for they had given him the facra-
ment and an oath of fecrefy, which they
look upon as a tie among themfelves, as
long as they continue in that religion, not
upon any account whatfoever to be undone,
and they have fuch confidence in it that
they will trult; tlicir lives and every thing in
a man's hand wlien they iiave given him
that oath. Alas! how could thefe people
have the confidence to plot one with ano-
ther as they do, when they know their lives
are in the hands of any one of all the rell:,
but upon this account ? Do but fwear
them unto fecrefy and give them the lacra-
ment of the mafs upon it, and then they
think fuch a one is proof enough againft
any thing in the world, for that is damna-
tion if they break it, as their Priefts tell
them, but I doubt not but Sir Thomas
thought he had them as faft as can be upon
that lock. But as to Sir Thomas's evi-
dence of thofe two men at Leeds, tiiis is af-
ter the accufation of Sir Thomas that they
fpake of, and can any man alive believe
that they would go an.i plot to contrive the
death of thcfe two perlons in tiie face of
tvvfo llrangers, after he was accuied ? It is
foibange an evidence that no man alive can
believe it to be truth. Look you, gentle-
men, perfons thatgo to contrive luch things
as thefe are, go in fecret, and hope they
lliould never be difcoveied, but by one of .
themfelves. Who would contrive when >
two be by, and if they fay true, might
fee them as well as hear them, though
they did contradid one another in their
evidence, the one faid he was above, the
other faid he was below, the one faid lie
miglit fee them, the other not. Look you,
5 N gentlemcn^j

A COLLECTION

414

- p,entlemen, I do fee that they do lay lome^
llivis upor. this, that he v;as his debtor, for
that they iccm to prove by their witnefles,
bin you nnilt lay no great ftrefs upon that
at a'.!, for the money were not quit if Sir
1 homas were found guilty, the money is
due to the King then, he faves nothing by
it, his money mull be paid let the prifoner
be found guilty, or not guilty, it is all one
to him. You muft confider this cafe,
gentlemen, if you believe diefe men are per-
jured men, and have gone and contrived a
malicious detign againlt a man's life; then
God forbid they Ihould be believed any
way, but it is a pofitive evidence, and it is
n:t an evidence barely of itfelf, but intro-
duced by a great many circumftances that
went bctore, they tell you the whole affair,
that it does leem they have been privy to
the afl'airs of thefe Jelliits all along, and Sir
Thomas Grfcoig-ne's houfe hath it feems
abounded with them, he hath been very be-
neficial to that fort of people, mighty cha-
ritable as they call it in fuperftition, and you
mull confider that nothing can teem ftrange
to them that will be ridden by Priefts,

T R

can i.em Itrang-e

I A L S.

that is tetlifi

ea aoainfl:

thcni. Theieforc I nuill leave it to you
upon what you have heard, and upon their
credit whether you believe the witnefs or
not

Juit. Jones. Ay, it is left upon their
credit that are your own country men, bet-
ter known to you than us.

Juft. Dolbsn, Look vou Sir Thomas
Hodgfon, and the gentlemen of the jury,
if you will come in again in any time, we
will flay in court, otherwife you mult lieby
it all nigiit, for we can take no privy ver-
dicl in this cafe.

Jufl, Pcmberton. Ay, we Vv'ill ftay, and
hear niotions a little w'lile.

Then the jury v^ithdrew from the bar,
and after half an hour returned again, and
beino; called over gave their verdict thus.

CI. of Cr. Sir Thomas Gaicoigne hold up
thy hand. Look upon the prifoner : How
fay you, is he guilty of the High Treafon
whereof he (lands indi-fted, or not guilty ?

Foreman. Not guilty.

Cl.ofCr. Did he fly for it ?

Foreman. Not that we know of.

they put them upon all the immoralities and 1

villainies that can be found out for the \ Then the verditl was recorded, and the

caufe of religion as they call it ; nothing court role.

The TRIAL of ROGER Earl of CASTLEMAINE.

ROGER PALMER, Earl of CafHemaiiie in the Kingdom of Ireland, having been
Arraigned at the King's-bench Bar, the i6th of June, 1680. for High Treafon :
To which he pleaded, Not Guilty, ficc.

Wednefday the 23d of June, 1680, being appointed for his Trial : The Court being
fate, and the ufual Formalities performed ■, the Lieutenant of the Tower delivered
him into Court : And then the laid Court proceeded as followeth :

a. ofCr. /^RYER, Make proclama-
^ tion.
Proclamation for Silence.

Cryer. O yes ! Our Sovereign Lord the
King doth flridlly charge and command all

manner

A COLLECTION of TRIALS. 415

Earl of Gaftlcmaine in the kingdom of l-c

manner ofpcrfons to keep liknce upon
pain of i!n|)rilbnment.

O yes ! If any one can inform our So-
vereign Lord the King, tlie King's Serjeant
at law, the King's Attorney General, or this
Inqucll now to be taken, of thelligh i'rca-
Ibn, whereof Roger Palmer, Elq-, Earl of
Caftlemaine, in the kingdom of Ireland,
{lands indicted, let them come forth and
they fliall be heard ; for the prifoner
Hands at the bar upon liis deliverance.

CL of Cr. Cryer, make an O yes.

Cryer. O yes! You good men that are
empannelled to enquire, between our So-
vereign Lord the King and Roger Palmer,
Elq ; Earl of Cafllcmainc within the king-
dom of Ireland, anfwer to your names.

C.'.cfCr. Roger Palmer, Elq; Karl of
Caftlemaine in the kingdom of Ireland,
Hold up thy hand : Thefe good men that
were lately called and now here appear,
are to pafs between our Sovereign the King
and you upon your life or death : if you
challenge any of them, you are to fpeak as
they come to the book to be fworn, and
before they are fworn.

J^iry.
Sir John Cutler, Kt. Fr. Dornngton,Efqi

Bart.
Sir Reginald Poller,

Bart.
HenryHerriott,Efq-,
Rich. Cheney, Efq;
Tho. Johnlbn, Efq;
John Roberts, Efq;

Hugh Squire, Efq;

Charles Good, Efq;
John Pulford, Efq;
Edw. Claxton, Elq;
Fr. Mayhew, Gent.

Cryer. O yes ! Our Sovereign Lord the |
King doth ftridly charge and command all
manner of perfons to keep filence upon
pain of impnfonment.

CI. ofCr. Roger Palmer, Efq; Earl of
Caftlemaine in the kingdom of Ireland, hold
up your hand.

You Gentlemen of the Jury that are now
fworn, look upon the prifoner and hearken
to his charge.

You {hall underftand that he Rands in-
diited by th« name of Roger Palmer, Efq;

land i for that he as a falfe traitor againil
our moll ilhiftrious and excellent Prince
and Lord, Charles the Second, by the grace
of God, of England, Scotland, France and
Ireland, King, Defender of the Faith, &c.
and his natural I^ord ; not having the fear
of God before his eyes, nor weigiiino- tj.e
duty of his allegiance, but being moved
and feduccd by the infligation of the devii,
his cordial love, true, due and natural obe-
dience which true and faithful fubjeds of
ourfaid Sovereign Lord the King ought to
bear towards him, altogether withdrawino-
and contriving, and with ail his might in-
tending to. dilturb the peace and common
tranquility of this kingdom, and to brinj^
aud put our Sovereign Lord the Kin.Q; to
death and final deftruifticn, and aitcr'the
true worfliip of God within this kino-dom
eftablilhed, to the fnperllitionof the Romilh
church, and to ftir up and move waragainll
our laid Sovereign Lord the King within
this realm of England, and to fubvert the
government thereof, the twentieth day cf
June, in the thirtieth year of the reign of
our faid Sovereign Lord, Charles the Se-
cond, of England, Scotland, France and
Ireland, King, Defender of the Faith, &c.
at the panfli of St. Giles in the Fields in
the county of Middlefex, with divers otheis
falfe traitors, to the Jurors unknown, did
traiteroufly imagine and intend the killing,
death and final dcftru6lion of our faid Lord
the King, and to change and alter and ut-
terly fubverc the ancient government of this
kingdom, and todepofe and wholly to de-
prive our faid Lord the King of his crown
and government of this realm of England,
and to extirpate the true Proteftant religion :
And to accomplill-i and fulfil the fame moll-
wicked treafons and traiterous imaginations
and purpofes aforefaid, the laid Roger
Palmer, Efq; Earl of Caftlemaine in (he
kingdom of Ireland, and other falie traitors
to the Jurors unknown, the fame twentieth
day of June, in the thirtieth year afore-
faid

4i6

A COLLECTION of TRIALS.

laid, with force of arms, in theparifli of St.
Giles ir. the Fields aforelaid, in the county
aforelaid, advifedly, devilinily, malicioufly
?.nd traiteroiifly did affemble, unite, and
gather themfelves together, and then and
there advifedly, devililhly, maliciouQy, fub-
tilly and trairerouQy did confult and agree
to bring our faid Sovereign Lord the King
to death and final deftrudion, and to de-
prive him of his crown and government
of England, and to introduce and eftablifh
the religion of the church of Rome in this
kingdom-, and the fooner to fulfil and ac-
complifn the fame moft wicked treafons and
traiteroiis imaginations and purpofes afore-
faid, he then and there did falfely, malici-
oufly and traiteroufly promife divers great
rewards, and did pay divers fums of money
to feveral perfons unknown ; and then and
there faUl-ly and traiteroufly did write divers
notes, to incite leveral other perfons to ac-
compliih the treafons aforelaid, againft the
life of our Sovereign Lord the King, his
cro'.vn and dignity, and contrary to the
form of the lfa;ute in fuch caie made and
provided.

a of Cr. Upon this indiflment he hath
been arraignccf, and hath pleaded thereunto,
Not guilty, and for his trial he puts him-
lelf upon God and his country, which coun-
try you are.

Your cliarge is to enquire. Whether he
be Guilty of the High Trealon v/hereof he
ftands indided, or Not Guilty ? If you find
him guilty, you are to enquire what goods
and cha'tcls, lands and tenements he had
at the time v/hen the High Treafon was com-
mitted, or at any time fince ? If you find
him not guihy, you are to lay fo and no
more ; and hear your evidence.

Cryer. O yes ! If any one will give evi-
dence on the behalf of our Sovereign Lord
the King, againll Roger Palmer, Elq-, p'arl
of Calllemaine in tiie kingdom of Ireland,
let him come forth and he fliall be heard ;

for the prilbner now ftands at the bar upon
his deliverance.

Mi: Bonithon. May it pleafeyou, my Lord,
and you, gentlemen of the j ury,rhe prifoner at
the bar Ifantls indifted for High Treafon ;
for that he intended to difturb the peace
within this kingdom eflablifiied, and to
deftroy and alter the governmcnr, and to
bring the King to death and final deflruc-
tion, and to alter our religion to the fuper-
ftition of the church of Rome, did on the
20th day of June, in the 30th year of the
reign of our Sovereign Lord the King,
confult and treat with feveral other perlbns,
and that he with thcfe perfons did agree to
deftroy the King and alter the religion, and
caufe rebellion ; and further to accomplffli
thefe treafons, he did promife and agree to
pay leveral accompts and depofit leveral
fums of money, and did likewife write and
publifli feveral books.

To this he hath pleaded not guilty ; if
we prove thcfe things, you arc to find him
guilty.

.'In. Gen. [Sir Crefivel Levins. '\ Mav in
pleafe your Lordlhip, my Lord Caftlemaine
here ftands indided for HighTrealbn; that is, ,
"For defigning to murther the King, and alter
the government and law :" And this is but
a parcel of the plot, which hath been car-
rying on a great while, and many perfons
tried for it, and fome have fuffered and been
executed for it: And, my Lord, we will give
your Lordfhip evidence, " That my Lord
Calllemaine hath at feveral times confpired
the death of the King, and he hath re-
proved perfons for not doing it." And,
my Lord, he hath been in conftilts among
Jefuits, where thefe matters have been car-
ried on, and this whole defign hath been
negociated : And my Lord Caftlemaine
hath been conlenting and agreeing to all
thefe matters. And, my Lord, when the
trials were in hand, it did appear upon thofe
trials there were many perlbns brought from
St. Omers to be witncires again'ft Dr. Otes,

to.

A COL LECTIO

to prove he was not in England at that !
time when he faid in his depolitions that he
did confult with the J'/fuits ; and thefe per-
Ibns my Lord Cafllemaine had the manage-
ment and inftruftion of at that time : And
all along at tlie Old Bailey my Lord Caftlc-
maln was prcfent there, and did counte-
nance thefe perfons, and was an interceflbr
for them. Thele are but branches and
circumrtances -, w hat is material we will
prove by witnefTes.

Att. Gen. Come, Dr. Otes, pray tell what
you know.

Prifciier. My Lord, I have a long time
wiflied for this day ; and your Lordfhip
may very well renvember it. The realon
why I have lb mvich defired a trial is, be-
caufe I thought it a mean<., . and the befl
means, and the only means to (liew to the
world my innoccncy, and alio to (liew to the
worid how much I have been calumniated
by this charge.

L. C. y. [Sir IVilliam Scroggs.'] What
have you to fay, have you any thing to fay
againrt Dr. Otes ?

Prijomr. No, myLoid : I only fav this,
here I am a prifoner at the bar, and I have
pleaded, N(jt guilty, and t!u-ow myfelf upon
this court ; .and therefore I am very willing
to hear what this man vvill f.iy.

Oles. My I..ord, I humbly move the
court. Whether or no I may life my own
method ?

L. C. J. Give your charge, we dirett no-
thing. -

Otes. My Lord, in the year 1677, I was
fent over into Spain by the Jduits tliat were
here in England ; where I remained for fe-
veral months, and tranfadled bufmef^ for
them ; and, my Lord, I returned from
Spain in November, and brought feveral
letters from fome Englifh fathers tlierc ;
arnon^ which there was one dircded for my
Lord Cafllemaine. My Lord, I did not
deliver the letter to him, but, my Lord,

NoL. L No.. 18.

N OF TRIALS.

417

the contents of the letter were to this
effed

L. C. y. How came ycu to fee the con-
tents ?

Otes. My Lord, I was at the writing of
the letter, and fo I did fee the contents
of it.

L. C. y. Did the Priefls (hew it you ? Or
did you only fee it yourlclf .''

Ofes. No, my Lord ; it was (hewn me
by them : And the contents of this letter
were, " That the fathers in Spain were very
zealous to concur with the fathers here in
England in the defign ; v;hich was the fub-
veriion of the government, altering the re-
ligion, and the dellrudiori of the King.

L. C. y. Was that in the letter?

Olfs. No, my Lord, not in words at
length.

L. C. y. What was, as hr as you kno.v,
the very expreillon of the letter .^

Oies. The word " Defign," my Lord.

L. C. y. Only that, to promote the de-
fign ?

Ofes. Yes, my Lord -, and under tlut
word we did comprehend all thoi." thino-=; ■
that js, as we ulually took it among one
another.

L. C. y. Did you deliver this letter to
my Lord Cafllemaine ?

Oics. No, my Lord, I did not deliver
this letter ; but when I went to St. Omers
we received an account from my L. Caflle-
maine of his receipt of this letter.

L. C. y. What did you do ^A.ith ir ?

Cies. I left it with the provincial, my
Lord, who v.'as then Mr. Strange.

L. C. y. Was it not given to. you to give
it to him ?

Otes. It was given me to give the Lady
Cafllemaine ; but being then a llranger to
him, I was willing to fend one of his.ov/n
meiTengers with it.

L. C. y. V\^ here was mv Lord ?

Otes. I can't tell, my Lord, I did not

fee them then ; I went over to ^Sc. Omers

5 O ia

41 P AGO L L E C T 1

ir; December 77, or the latter end of No-
vember.

L. C. 7- Wh?re were you when you
cave this letter to the Provincial r

Otes. 1 was in London, my Lord.

L. C. 7. Where did you receive this
letter ?

Oi'cs. in Spain, my Lord, at Valladolid,
of one Ainiflrong.

L. C. 7. Who was it diretled to ?

0:es. i'o my L. Caftlemaine •, but I did
not then know hmi, and lb I gave it the
provinciil, my Lord ; I went over to Sr.
Omers in die iauer end of November, or
the beginning cf December 77, and after I
had been there fome few days, there did
arrive a pacquet from London to St.
Omcr?, in which there was a letter from
my L. Calllemaine.

L. C. J. To whom .'

0:es. To the fathers of the Society of St.
Omers ; in which my L. Caftlcmain gave
them an account of a letter that he had
lately received from Spain.

L. C. J. How did you know the contents
of this letter ?

Oles. My Lord, I was privy to their
letters.

L. C. y. Was you acquainted with my
L. Caftlemaine's hand ?

Oles. My Lord, I will give you an ac-
count of that; 1 did not know it then,
bu: only as it was generally faid amongft us.

L. C. J. How was it fubfcribed ?

Oles. Caftlemaine, my Lord ; and fome-
times my Lord, he fubfcribed himfelf
Palmer.

L. C. J. How many letters have you
f;en .?

Otes. Several letters.

L. C. J. Was this the firft ?

Otes. This was the firft, as near as I can
remember. And, my LortI, h(; gave an
account in that letter, that he had received
a letter from Spain, and v/as glad the fa-
thers in Spain had fo good an opinion of his
integrity in the caule.

N o r T RIAL S.

L. C. J. Did he fiy from whom he had
received it ?

Oles. My Lard, I can't ron-sember thatj
that he had received a ktter I sm certain.

£. C. y. Do you know what the purport
of tire letter was .''

Oles. Yes, my Lord, I will give you a

plain account. My Lord, he wrote he had

i received a letter from Spain, and that he

1 was glad the fathers in Spain had fo great
i confidence in his integrity. And, my Lord,
1 in March there came another letter from
I my L. Caftlemaine -, for m^y L. Caftle-
i maine had left fome things at Liege, where-
' in he did complain of the fathers, that they
i made no more hafte tor to fend his thinos

to him ; lome odd things he had left there,
and, my Lord, he gave an account of a
certain letter -he received from the Reftor
of Liege, whofe advice he did not like;
for the Redtor of Liege and the Rcclor of
Gant, were mighty zealous tlut the I'ecular
clergy fhould be perlbnally prefent in this
aftair.

L. C. J. Did he write fo ? I would have
you fay what he writ.

4,. Otes. My Lord, I have told you, he
gave an account, that he was unwilling to
have the fecular clergy engaged, becaufc
they were a loofe fort of men, and of no
principles, and therefore he thouglit them
not fit to be trulted. My Lord, in April
there was a confult-, I came over from St.
Omers in April, fome three, or four, or
five days before the confult, I am not able
to guefs at the particular time, but it was
near upon the confult. My Lord, this
conlult was divided into feveral companies,
after they had met at the White Horfe
Tavern, wherein tliey did fome things that
did relate to the order, as to fend Father
Gary to Rome. After that they had di-
vided themfelves into feveral companies,
wherein they did agree in ordering the
death of the King.

L. C. J. You were by ^

Oies.

A' COLLECTIO

Otes. My Lortl, I was employed by 1
them to give an account of" the knleof one I
coiVipany to another. j

L.C.J. Were you by when they con-;
jcluded the death ot the King ? ]

Otes. Yc?, my Lord, I was then pr>.-fent.

L. C. J. Did you fign among the rell ?

Otes. My Lord, I doa't come here to
accule myfclf.

L. C. J. You are pardoned if it be fo.

Oies. My L.ord, I did conlent. My !
Lord, in this conlult they met together, |
and an oatli of fecrccy was adminillercd ; j
my L. Caltlemaine was there too within |
Ibme few days after the confuit : That is, {
the gentleman whom I accufe tor ireafon, '
I fay, did come, and enquired abcut the
copies of feme letters for to be fent up into
Germany, and did defirc, that an agree-
ment between them and the monks might
be made up, there being a difference be-
tween them, fo that they might have the
afTirtance of that order to carry on the
dtfign.

L. C. J. What gentleman was this ?

Otes. It was the prifoner, my Lord, at
the bar ?

L. C. J. Woul^ the gentlemnn let you
hear him fay, that he defired allillance CO
carry on the defign, and you a ilranger to
him ?

Otes. My Lord, I do not think I was a
flranger to hini To much as he was a ftranger
to me ; he knew I was their fervant, and
employed by them.

L. C. J. Would he fay in your hearing,
that he defired their alTiftance to carry on
the delign, and you did not know him ?

Otes. My Lord, I did not well know
him at that time ; and I brought feveral
mefiages from the fathers, and from Mr.
Linghorn, and I gave them an account
before him.

L. C. J. How often had you feen him .-'
Otes. That time he was there, my Lord.
L. C. J. How many melTages had you ?
Otes, I will tell your Lordfliip where 1

N Of TRIALS. 4 1 p

Iiad been: I had b?en at Mr. Siir.mond':-,
who was then Conteilbr to the Eail of
Arundel, v.-ho is fince turned Protcflant ;
Confcffor to him as he pretended, and we
looked upon him tp be. And I had been
at Father Cain's, vyh.o was in Turnmill-
llreet ; and I had !)een, my Lord, at Mr.
Langhorn's in tlie Temple ; and fonu: other
places w hich I <Jo not now remember, it is
fo long fince. So, my Lord, I gave tliein
account of my bufineis, and I did fee that
gentleman, but did not know his name tiil,
my Lord, in June.

L. C. J. When was this ?

Otes. This was, my Lord, as near as I
can remember in May ?

L. C. y. So you did not know his name
till three weeks or a month after.

Ctes. No, my Lord, it was in the latter
part of June.

Juft. Jones. You faw him firft in May ?

Otes. Ye?, my Lord.

Juft. Jones. And you did not fee him till
after the confuit ? I don't afk you whether
he was there or no ? But whether you fav/
him before the confuit was figned ?

Otes. No, my Lord.

L. C. J. How did you come to know his
name ?

Otes. My Lord, in June Mr. Langvvorth
and I were going over Lincolns-Inn Fields,
intending to go to the Fountain in Fullers
Rents, becaufe there was a fort of drink
that he loved, and we were to drink toge-
ther, it was in the evening; and fo, in our
way as we went we met w-ith my L. Caltle-
maine, whom Mr. Langworth did falute,
and then we came back to Mr. Fenwick's
chamber.

L. C. J. With whom did you come back?

Otes. With my L. Caftlemaine.

L. C. J. Did you knov/ his name ?

Otes. Mr. Langworth told me, it was
the prifoner at the bar, my Lord, and the
prifoner at the bar was giving an account of
fome letters he had received out of the

country ;

420

A COLLECTION

country •, antl Mr. Langworth was giving
liim an account how forward the Redtor of
Liege and the Redlor of Gant v/ere in
offcrino; to have the fecular clergy engao-ed
with them •, and Ibme other difcourfe they
had which I can't remember, but about
the defign.

L. C. J. What did they talk of at that
time ? You muft as near as you can, tell
us what difcourfe they had.

Otes. I will give yourLordfliip tlii'^, they
were fpeaking of the tranfaftions of the
confult, and how unanimous the fathers
.were in figning the confult.

L. C. y. Who was fpeaking of it .''

Oles. Mr. Langworth and Mr. Fenwick,
and my L. Calllemaine was prefent.

L. C. y. They did talk of it .?

Otes. Yes.

L. C. y. Did they mention the particu-
lars of that confult ?

Oles. Yes.

L. C. y. What was that ?

Olcs. Layinrr afide the King.

L. C. y. An^Il what elfc ?

Otes. And bringing in the Popifli reli-
gion, the Catholic religion, 1 fpeak their
own words.

L. C. y. And this difcourfe they had in
the hearing of my L. Cadlemaine ?

Otes. Yes ; and my L, CalUemaine faid,
" Now he fliould be revenged for the in-
juries done to him."

L. C. y. Go on.

Otes. I have nothing elfe to fay of my
L. Cadlemaine that I can think of at pre-
fent.

L. C. y. Now, my Lord, you may aflc
him what queflions you think fit.

Prifcner. Mr. Otes, Repeat your journey
again.

Otes. My Lord, I fay this ; I went a
fhip-board in April, I returned from Val-
kdolid in November, I arrived in London
in November, and ftaid in London forr.e
time, and thei> I went to St. Omers in
November or December, new fli'e or old

OF TRIAL?.

llile, I ftaid at St. Omers, from thence I
went to Vv'atton, then, my Lord, in the
month of March we went to Liege, and re-
turned back again •, in the month of April
we came hither, fome time before the con-
fuls and ftaid here fome time after.

Prif. What time were you at Liege, pray
Sir?

Otes. In March 77.

Juft. yone.'. The end of 77 ^

Otes. No, my Lord, we were at St.
Omers again in IVIarch.

L. C. y. You returned in March 77-78.

Otes. Yes, my Lord, the ftile doth fo
alter.

Prif. That is before Lady-d.iy ?

Otes. Yes, my Lord, it was before Lady
day, we arrived here in London in May or'
in April, and we ilaid here fome few days.

Prif. When did you come over again,
pray Sir .''

O.'es. My Lord, it is now two years ago,
or l^etter, and I can't remember every par-
ticuhir time i my Lord, we were here in
May.

Prif. I will aik him as many queliions as
I think reafonable, and when, my Lord,
I do defire times, and he can't tell tlie
times, he mufi; tell me fo ?

L. C. y. Mr. Otes, anfvvtr my Lcrd
what queilions he alk> you.

Otes. I will tell my Lord Caftlemaine as
near as 1 can remember, my Lord.

Prif Mr. Otes, When was it you came
over ?

Otes. Really it v,as fome few days before
the confulr.

Prif. How many days do you think .'' ■

Oles. Really I can't remember.

L. C. y. 1 fuppofe you have your n^e-
morials.

Otes. Really, my Lord, no,

L.C.y. i^ave you any thing more to
alii.?

Prif Yes, my Lord, a great many
qnellions. Were you preient, Mr. Otes,

pray.

A COLLECTIO

pray, at that confiilr, when I confented to
the King's death ? Was you by ?

Otes. I was prcfent at the confiilt; but I
do not charge you to be at the conTulf.

L. C. J. He aflis you where it was he
agreed to it?

Otes. At Mr. Fen wick's chamber, I re-
member it was about feven or eight o'clock
that we were going over Lincohi's-Inn
Fiekis.

L. C. y. How long might you be at
Fenwick's ?

Oles. It was about eleven or twelve
o'clock I came away.

Prif. When you met me in Lincoln's-Inn
Fields, was I in a coach or on foot, or was
any body v/ith me ?

Otes. I can't lay whether your Lordfliip
had a man with you or no.

L. C. J. Was there any body with him?

Otes. I did not take notice of that.

L. C. J. You were two hours together,
pray let me afk you this queftion, What
was your difcourfe about ?

Otes. That was part of the difcourfe, my
Lord.

L. C. J. What ? You have given us a
very fliort account of it in four lines : You
were two hours together. What was the
main of your dilcourfe about ?

Otes. My Lord, I will give you, as
plainly as I can, the difcourfe at that time.

L. C. y. Pray let us know what the main
of your difcourfe was about.

Otes. One part of their difcourfe was
about the revenues of their colleges, and
how they had fufFcred by the French's
taking St. Omer's, and what loiTes they had
fuftained by reafon of tlie change of govern-
ment by the conqueft •, for the crown of
Spain had entailed on the college of St.
Omer's five or fix hundred a year for the
maintaining the fourdation of their houfe,
or foundation-rent, and it was taken away
by reafon of the conqueft that France had

Vol. I. No. i8.

N OF T R I A L S. A'^.

made over the SpaniHi dominions there ;
and theiy were confulting how they fliould
write to Father Le Chefe, to be an inftru-
ment to move the French King to rcftore
this annuity, that was a fettlement entailed
upon it.

L. C. y. How came you into this dif-
courfe.

Otes. This was after the other difcourfe.

L. C. y. How came you to difcourfe this
affair here in England ?

Oles. I will tell yourLordfiiip as near as
I can remember: When we met ia Lin-
coln's-Inn Fields, Mr. Langworth recom-
mended me to my Lord Calllemaine, and
bade me take notice of him. I can't fay
this is my Lord Caftlemaine, but this is
that man I faw.

L. C. y. Did he call him by his name ?

Otes. He told him that I was fuch a one,
and that I was ferviccable to them. And
upon our way as we went to Mr. Fenwick's
chamber, he inquired into the caufcs of
my coming over fo foon again, for he faid,
I went over but laft month. Said he,
" How came it to pafs he cam.e over fo
foon again ?" Saith he, " We wanted him
to do fome bufinefs for us." And there
were more particulars of the tranfadions of
the confult mentioned to my Lord Caftle-
maine.

L. C. y. How did they bring in the par-
ticulars of that defign ?

Oles. This is as near as I can remem-
ber.

L. C. y. How came they to talk of lay-
ing afide the King and bringing in the Ca-
tholic religion ?

Otes. My Lord, after they had given an
account of the tranfaftions of the confult:
This was one- part of the conililt.

L. C. y. Pray how came they to bring it
in, in difcourfe ?

Otes. My Lord, they fpake of the par-
ticulars of it.

L. c. y. I

422 ACOLLECTI

L. C. J. 1 wonder what introduced the
particulars : Was it to acquaint him with
thofe particulars?

Otes. My Lord, I have nothing to fay
to that, they v^ere things lb generally talked
of by thofe of the Jefuitical party, that
whenever they met, they fcarce did talk of
any thing elle but of that, and lb they did
at this time.

L. C. J. Pray tell me tlie whole dif-
courfc, as you can remember, that relates
to this time.

Otes. My Lord, I have told your Lord-
Ihip, we met with my Lord Caftlemalne in
Lincoln's-Inn Fields. 1 have told you,
my Lord, that vve went to Mr. Fenwick's-,
I have told you, my Lord, that after fome
difcourfe (how it was introduced I cmnot
be pofitive, but as I can remember) they
were fpeakingof my going over and coming
again lb foon, my going from the conlult
to St. Omer's, and returning again into
England fo foon, and fo one word brought
in another.

L. C. y. Did you know then that my
Lord Caftlemaine had ever heard of this
matter before ?

Otes. My Lord, I don't know ; but I
am morally certain as to myfelf •, but I
can't fwear he did ?

yilt. Gen. Did he fpeak of it to him as a
ftranger to it ?

Oies. No.

Juft. Jones. By the letter you fpake of
he knew before.

L. C. y. Anfwer my brother's queftion,
Was the letter you had fcen, before or after
that difcourfe at Fenwick's ?

0:es. My Lord, that was after the con-
fult.

L. C. y. Then you know he did know
of the defign .''

Otes. IVly Lord, I think not of tlie par-
ticulars of tlic defign.

L. C. J. That is, he knew of this defig.i
for the main. When you talk of the defign,
you always mean the conlulc,

ON OF TRIALS.

Otes. No, my Lord, when we fay the
confult, we mean what was agreed on at
that confult, not concerning thefe matters
that were done fix months before.

L. C. y. Mr. Otes, tell me when you
mention the defign and the confult. Do not
you always mean the death of the King and
the bringing in Popery ?

Otes. Yes, my Lord, but the terms are
not convertible : For, when we fay the
confult, there was fomething elfe done,
as that confult which had not an abfolute
relation to the defign, and of that I will
give you one inftance, as the fending
Father Gary to Rome, which they did in
fome three years.

L. C. y. Some trivial matters eoncerning
their own government, but the thing you
talk of is the fame conlult and defign.

Oies. When. I fpeak of the word defign-,
it was fo taken among us, and fo received
by my Lord Cafilemaine.

L. C. y. How can you fay it w-as fo- re-
ceived by him ^

Otes. Becaufe he ufed the fame word, and
anfwered us according to our interpre-
tation.

Juik. yones. My Lord, he fpeaks of the
defign thus. There was a defign for the
killing of the King, there was a defign of
the Priefts and Fathers for it ; but faith he,
j^fteyji'ards there was a general conjultatiov^
and this defign came to be formed by this
general confult, which my Lord Caftle-
maine, as he thinks, had no knowledge of
till the time they met together in Lincoln's
Inn Fields, and afterward wenr and dif-
courfed about it.

L. C. y. It is very fair, that he doth not
know that my Lord Caftlemaine had any
knowledge, before the confult, of this bi)-
nels ; but, he fays, " The defign upon
which the confult was, that he might know,
which was to deftroy the King, and bring
in Popery." And he fays, my Lord Caftle-
maine did undcrftand this word defign i-n

that

A COLLECTION of TRIALS.

422

that fenfe they did -, becaufe he anfwered
their letters according to their interpre-
tation of it. How do you know he under-
ftood theword defign in its utmoll capacity
as you underftood it ?

Otes. When we have our words, we have
our keys whereby we underftand them
But I will anfwer this queftion to the fatif-
faftion of the gentlemen of the jury. He
hath many times fpoken in his letters of
introducing the Popifh religion, and an-
nexed it to the word defign of promoting
the Catholic rclisiion here in EnQ;land.

L. C. y. Now methinks you have brought

the word defign
killino the Kino;,

to fomething; elfe than

Otes. Yes, the fubverfion of religion and
the government.

L. C. y. Did he put in government ?
Did he talk of bringing in the Catiiolic re-
ligion and altering the governmenr.

0(es. No, I won't lay that.

L- C. y. When we are examining con-
cerning mens lives, we muft be careful of
.their words in fuch matters,

0(es. One part of my evidence I have
omitted. Your LordQiip did aflc me how I
came to know my Lord Caftlemaine's
hand. Sometimes we received letters from
him fubi'cribed Palmer, and fometimes fub-
fcribed Caftlemaine, fometimes fome other
name which I may not remember; and
they were generally received as from him.
And I have feen my Lord Caftlemaine
write, for that night, as near as I remember,
it was poft-nighr.

L- C. y. At Fenwick's chamber?

Otes. At Fenwick's chamber, and my
Lord Caftlemaine did write a letter, fub-
fcribed it, and feaied it, and I was fain to
00 to the general poft-houfe, it was fo
late.

Juft. y'ones. What did he fubfcribe then?

Oles. . No, I faw no more than the fupcr-
fcription.

I L. C. y. Then you did not fee his name
ro it ?

Otes. No. My Lord Caftlemaine did
afl<. Why he had not anlwers to fuch and
Ibch letters ? For feveral letters I had ken
which were not of much moment.

L. y. C. I wifh you had one that was of
moment.

Otes. It cannot be expefted that I (hould
have them.

L. C. y. My Lord, afl; him what you
pleafe.

Prif. You fay, Mr. Otes, you received
letters from me in Spain.

Otes. I never faid fo.

Prif. You faw letters in Spain from me?

Otes. Yes, I have k^n letters in Spaia
that were from you.

Prif. Look you, Mr. Otes, pray let me
afk you a queftion, you faid this. That ycir
did not know me when you met me at the
confult ?

Oles. What confult ?

Prif At Fenwick's chamber.

Otes. I did not know you at Wild-
houfe,

Prif There you met me firft ?

Otes. There I met the prifoner at the
bar.

L C. y. Tie fays he did not know you
at Wild-houfe, but he came to know you
by Langworth in Lincoin's-'nn Fields, and
then you went together to Fenwick's cham-
ber.

Prif. Mr. Otes, Did not you fay, that
at Wild-houfe you did not know me, nor I
you ?

L C. y. He fiys, he can't tell whether ■
you knew him or no, but he did not know
you.

Prif. W^as 1 familiar with you ?

Otes. No, my Lord.

Prif Did I talk treafon at Wild-houfe ? ;

0/(y. It was the difcourfe of the day,
but I do not remember every particular of
the difcourie, but I remember what your

opinioQ

A COLLECTION of TRIAI>S:

»2±
-"1 — r

opinion W55 concerning theReflorof Liege
and the Rector of Gaur.

Prif. Was there any thing about killing
the King at Wjld-hoiife ?

Otes. ileally, I can'c remem.bsr, I wont
charge it tliere becaufe I am upon my
oath-, though I morally believe, as to my-
itlf, that there was difcourfe bad enough
there."

PriJ. Mr. Otes, Pray v/ill you hear me,
then the acquaintance I had with you was
by iVIr. Langvvorth^ and then wewent that
night to Fenwick's chamber, and there we
llaid very long, and there we had all this
difcourfe ?
Otes. Yes.

Prif. Look, IMr. Otes, Was there any
body by befides Mr. Langworth and Mr.
Fcnwick ?

Otej. Really, i don't remember any body
was by, unlefs a maid might come to fill a
cup of drink or fo.

'Prif. Mr. Otes, Pray Mr. Otes, did you
and I ever meet together after that time ?
Otes. Really, I can't be exacl in that.
Prif. Did you never fee m.e nor dilcourfe
with me. after that time ?

Otes. I cannot recolledt myfclf as to that,
I cannot remember.

L. C. y. He does not remember that
ever he was with you afterwards.

Prif. You don't know whether ever I dif-
courfed with you afterwards ?
Otes. I don't remember.
Prif. Very well, Mr. Otes, look you.
Sir, you don't remember that I ever had
any difcourfe with you after that time ; and
no body was by but Mr. Fenwick and Mr.
Langworth ?

Otes. As I remember.
Prif. Was not there another Prieft there ?
Otes. There is no body occurs to my
memory.

Prif. Mr. Otes, you brouglit me letters
from Spain ?

Oics I brought a letter from Spain di-
rected to you in 77.

Prif. "Was I in town or out of town ?
Otes. I delivered it to the Provincial.
Prif. You went over to Liege ; did not
you fee me there ?

Oles. No, I did not fee you there, I only
went to, wak upon a gentleman that was a
Priefl afterwards, that went to take orders.
Prif. Did you not fee me at Liege ?
Otes. No, niy Lord.
Prif. You were at Liege, did you (lay
there ?

Oles. 1 lay"*, there one night.
Jt't. Gen. Flave you any thing to afk.
Prif. Prefeiitly.

Julf. Jones. It is very reafonable my Lord
n^-ouLl queftion you. You own him to be
the Lord Caftlemaine ; When was it you
did firft difcover this bufinel's concerning
my Lord Caftlemaine ?

Otes. My Lord, I did difcover my Lord
Cafdemaine to be in the plot, the iaii k^-
fions of the Long Parliament, and I ac-
cufed my Lord Calllemaine this Trinityr
term was twelve- months, and my Lord
Caftlemaine was committed: For when Mr,
Dangerfield came in and accufed my Lord
Caftlemaine, I brought a charge a fecond
time againft my Lord Caftlemaine.

Juft. Jones. Did you difcover all this
tlien ?

Otes. I did charge him for having an
hand in the defign in general.
Juft. Jones. To the Parliament ?
Otes. Yes, to the Parliament.
Prif. You fay when I alfented to the
Kind's death in Fenwick's chamber, that I
faid I fhould now find a time to be re-
?

Otes. Pray, my Lord, don't put me to
mention fuch reflecting evidence.

Prif. When you were before the King,
you did in purfuance of this fpeak of a
divorce.

Otes. My Lord, I will give evidence as
to that if that my Lord comes to be indiCted
for his Prieft-hood.

L. C. J.

venged

A COLLECTION

L. C. J. My Lord may ii(k what quef-
tions he fliall think fir.

Jtt. Gen. My Lord iays he has faid it,
and what he faid in another place he is not
to treat now of.

Prif. Siippofe I can prove him an ill
man in any place, is not that fit to be fpoken
of here ? Since he hath brought the King
upon the flage, and fmce he hath accufed
me before the King and your Lordfliips of
a divorce, laOc him whether he fawit ?

Otes. I will tell your Lordfhips what I
faid as to the divorce, I heard it difcourfed
of generally among the fathers beyond fea,
and this was fome other part of the dif-
courfe at Wild-houfe; and 1 heard my Lord
Caftlcmaine fay that he had been at great
charge to carry on that bufinefs of the di-
vorce.

Prif. At Wild-houfe.
Oles. At Wild-houfe. Now, my Lord,
I took no notice of it, becaufe it was not my
bufinefs. But, my Lord, after that there
was a Prieft's chamber that was fearched,
and there was the whole cafe ftated ; now
what is become of the ftate of that cafe,
my Lord, I cannot tell.

L. C. J. By whom was that cafe ftated .'
Otes. There was a letter found, whereby
my Lord Caftlemaine fhould have the mat-
ter diredted, in order to the carrying on the
divorce that-was to be between him and
his wife Barbara. |

Prif. Did not you tell the King that you
faw the divorce in Strange's hand ?

Otes. My Lord, I will tell you this, I
gave an account to the King, that I faw in
Strange's hand, an accountof a divorce that
was between my Lord Caftlemaine and
Barbara Duchefs of Cleaveland.

Recorder. My Lord, if lie afk too many
qoeftions that don't relate to this matter, it
is impoITible to give an account of every
particular.

Prif. My Lords, I humbly fubmit this
bafe.
Vol. I. No. i8.

o F T R 1 A L S. 425

ec. Afk him what you faid to fuch a

man upon the ninth of Auguft was twelve-
month, muft he give an account ?

L. C. y. He muft fay he does not know.

Rec. Indeed it is reaibnable that my
Lord Caftlemaine fhould aftc him foinc
queftions, and that Mr. Otes fliould give
him an account.

Alt. Gen. My Lord, will you give me
leave to fpealc ? If he may ask queftions
about fuch foreign matters as this, no man
can juftify himfelf.

might}

remote

L. C. J. This is not fb
but ufe may be made of it.

Att. Gen. If he ftnould afk whether he
were fuch a day at fuch an houfe, and tell
him yes, and miftake the day ; any man
may be catched thus.

Prif. How can a man be catched in the
truth ?

Att. Gen. My Lord Caftlcmaine may,
if he can, catch him in any thing he gives
in evidence here.

Prif. My Lord, if your Lordfhip over-
rule me, I will fay no more. Mr. Attor-
ney fays I come to catch him, I confefs I
do.

Att. Gen. You ftiould not ask him foreign
queftions.

L. C. J. He asks a plain queftion, why
do you labour fo much that he ftiould not
ask, whether he had feen the divorce ? My
Lord Caftlemaine, I have asked the quef-
tion for you. Whether or no he faid he had
feen the divorce ^ And he does not remem-
ber whether he faid fb or no.

Att. Gen. My Lord, I think, with your
Lordfhip's leave, that he is not bound to
anfwer queftions, that are not to the evi-
dence.

L. C. J. If fo be he would come to make
application, it may be well enough.

Att. Gen. I fay it for the method of the
evidence, my Lord,- that I would -not have
thefe excurlions.

£ Q Prif

A COLLECTION of TRIAL

42'^ ^

Prif. I defirc your Lordfhip 'that I may
fay out what I have to fay. 1 fay this,
That no nun ui the world that fpeaks truth
c.in be catched, neither will Mr. Attorney
fuiil-r me to catch him.

AtL-Gcn. I \.'.y you have liberty to catch
him in any thing that doth belong to the
evidence.

Prif. I eome to fhew you the fitnefs of
it to this affair. 1-Ie comes and tells you,
among other confuks, of Wild-Iioufe ; and
my meeting him in Lincolns Inn Fields,
the reccommendations of iNlr. Langworth,
and going to Fenwick's chamber, where we
talked of altering the government, and my
aflenting to kill the King : And fince you
have brougiit the King upon the Itage, I
will refreih your memory a little ; fince you
talk of revenging myfelf, look you, if you
did not mention a divorce to the King, and
alfo to my Lord Chief Juftice.

Att.Gen. My Lord, you are under a
miltake.

PriJ. Pray, give me leave, Mr. Attor-
ney.

Att. Gen, You make fuch excurfions in-
to foreign matters.

Prif, Mr. Otes, you did fay you faw a
divorce. I ask you whether you faw a di-
vorce, and where, or wliether you faid fo .-'

/.. C. J. He fays, he does not remember
he faid fo.

Otes, I do not remember whether I faid
fo or no, my Lord, I have it down, but in-
deed I did not fet my thoughts a-work.

Att. Gen. He hath given you an anfwer
that may fatisfy you.

Juft. Raymond. He hath papers wherein
he hath entered memorandums to refrefh
his memory, but tlicfe papers he hath not
by him.

L. C. J. Then he may fay he hath nor.

Att. Gen. That he hath already, my
Lord.

L, C. y. Have you any more to fay ?

Prif. I have, iriy Lord, if you will give
m.e leave to write down two words.

Prif Mr. Otes, yon tokl my Lords the
Judges that 1 did fay, I was at great ex-
pence about a divorce ?

Otes. Yes.

Prif. That is very well, Mr. Otes.

Att. Gen. Call Mr. Dangerfieid,

Dr. Otes was going out of the Court.

Pnf May Mr. Otes go out of the
court ?

Court. Yes, yes.

Otes. I will be within call, my Lord.

Prif. I only fubmit it to your Lordlliips,
whether or no a witnefs may go out of the
court ?

Otes. I will (lay then.

Att. Gen. Swear Mr. Dangerfieid.

Prif Pray (lay.

L. C. J. Why fo ?

Prif. Here I am a prifoner, and fubmit
it to your Lord(hips, whether or no Mr.
Dangerfieid, who hath had the cenlUre of
this court, may be a witnefs ? Whether or
no council fhall fhew realons to your Lord-
fhip, whether he may fpeakor no ?

Juft. Jcnes. You muft fliew your ex-
ceptions that you haveagainft him.

Prif. My exception is this; that he was
convidcd of felony, that he broke prilbn,
and was outlawed upon it. Befides this,
he is a ftigmatic, hath flood in the pillory,
and was burnt in the hand. Now, I
humbly befeech your Lordlhips, that you
will be pleafed to hear what my council can
fay ; and then, if you over-rule» I fhall give
^lace with all my heart.

L. C. J. I think it reafonable, if you de-
fire council, that they fhould be allowed to
fpeak.

Att. Gen. If your Lordfhip pleafe, when
my Lord's exceptions appear.

Juft:. Jones. What are your exceptions,
my Lord i*

Prif. That I told you beforehand; he

A COL LECTIO

is an outlawed perfon, ha is convidked of
felony.

jLift. Joves. When was he outlawed ?

yltt. (icn. In the 27th year of the King,
and we fay he hath a pardon in the 30th
year of the King,

L. C. y. Howdoyou prove he was burnt
in the hand ?

Ja. Gen. When was he burnt in the
hand ?

Frif. Call Brifcoe.

Jil. Gen. We bring a pardon unto that,
and that will reftore him.

[A Record produced.

Alt Gen. That record we confefs, fhew
the pardun, Ihew the pardon.

L. C. J. Now go to that for which he
was burn: in the hand.

yltt. Gen. Here is a pardon that extends
to them all.

[The pardon read: Decimo tertia die
Januarii., Anno Regtii., &c.

L. C. J. 1 his does not do it.

Alt. Gen. Yes, my. Lprd, itdoes.

L. C J. Is that the Newgate pardon ^

Att. Gen. Yes, my Lord.

L.. C. y. We have had it in the court.

Att.Gm. Yes, my Lord,

L C y. And felony and outlawry is
in It.

Att. Gen. Yes.

L.C. y.> Where is that for which he was
burnt m tlie hand ?

Att. Gen. For, that we give an anfwer ;
he was received to the benefit of his clergy,
and he was burnt in the hand, and i;.s par-
don is after that too.

L. C. y. bo it is.

Att. Gen. Thtn his pardon anfwers them
all.

L. C. y. Now you fee, my Lords, you
think Dangerhclu aught not to be a witnefs,
who hath gone through fo many punifh-
ments, cuJawed for felony, and burnt in
the hand for felony : Mr. Attorney makes
anfwer. We have a pardon, and by that he

N o F T R I A L S. 427

io reftored, as he fays, to be a witnefs again.
It' you defire council to fpeak to this point,
whether or r-o a man branded and bura: in
tiie hand for felony, and afterwards is par-
doned, is capable of being a witnefs ? I lee
no reafon to deny it you.

Att. Gen. If there be matter for counfel
to fpeak, in that cafe we mull fubmit, it
your Lordfliip make it a doubt.

L. C. y. I do for my own part ; in this
I am clear : If a man were convided of per-
jury, that no pardon will make him a wit-
nefs, becaufe it is to do the fubject wrono-.
A pardon does not make a man an honeit.
man ; it takes off reproaches -, and the law
is wife in that, the lawwillnot fuffet endlefs.
contumelies to be heaped upon men, nor
to be called perjured rr.fcals, and fuch
things ; it is only to prevent upbraiding
language, which tends to the breach of the.
peace. But in my opinion, if a man ftands
convi6ted m court for perjury, no pardoa
can ever make him a witnefs, and fet him
upright again. But that is a different cafe
from this ; we are upon this fingle caie.
Whether a man that is burnt in tiie hand
for felony, whether a pardon can fet him
right or no ? For this I make more doubt-
ful than the other ; for a man, may be,
that hath committed a robbery, would be
afraid to forfwear himfelf -, for though one
is a great, the other is a greater fin, and
that in the fubjedl matter ; which confidered,
I think it reafonable to allow my Lord
Counfel to fpeak to that fingle point, 1 hat
a perfon being burnt in the hand for felony,
and afterwards pardoned, V/hether he is
capable of being a witneis r

Pn'J. Then I do name Mr. Jones, Mr. .
Saunders, and Mr. Darnal.

L. C. y. Very well.

Mr. Saunders was, called, but was not in
court.

L. C. y. Are you prepared, Mr. Jones,
to fpeak ?

Mr.

428 A C O L L E C

Mr. Jams. No, my Lord.

Jud. Jones. My Lord, do you except
againfl: that one p:irticular ?
^ Prif. Lftand upon both, his being pil- ]
%)iied, and burnt in the hand.

L. C. J. Will you admit that he ftcod in
the pillory. ' ' "' ' ■■'

Att. Gen. I know nothing of it.

L. C. J. I will tell you, my Lord, you
wiil fee Whether it be neceflary loprotrad
this or no-, for your Counfcl will hardly
undertake to argue unprepared about this
point, and if the tryal fhould-be adjourned,
it would be very troublefome. I think it
the duty of my place to difcharge my con-
■ fcic'nce for you and agatnft you, as the mat-
ter fnall fall but', and if fo be that you
fhould inlift upon it, and Jie be capable of
being a witnefs, fuppofing it To, yet I muft
fay, you may give in the evidence of every
record of the conviftion of any fort of
crimes he hath been guilty of, and they
Ihall be read. They fay lait day there were
fixteen •, if there were an hundred they
Ihould be read againft him, and they fl-iall
uU go to invalidate any credit that is to be
given to any thing he fhall fwear.

Prif. My Lord, I humbly fubmit my-
fclf to your Lordfliip ; fixteen we have, I
bring but fix, you (hall have them Mr.
Attorney whirn you pleafe.

L. C. J. My Lord, if you think it worth
your while to put it to Counfel to argue,
Whether he may be a witnefs, or whether
you think it may be as well for you, fup-
poling he be a witnefs, the producing thofe
things ngainft him, or the records of thofe
crimes that he hath been convifted ofj
whether that will be as well for you or no,
I leave it to yourfelf to do as you think
.beft.

Darnal. I conceive, with fubmifilon
to your Lordfhip, that he cannot be a wit-
nefs.

L. C. y. Are you prepared to fpeak to
it now ?

ION OF T R I A r, S.

Darnal. My Lord, I am ready to offer
fomcwhat to your Lordlhip, why I con-
ceive he oufht not to be fworn : But I
defire firll, that the pardon may be read,
becaufc many perfons and offences- are com-
prized in it.

L. C. y. It is a pardon for felonies and
outlawries of felony in general.

Darnal. If the perfons and their offences
arc feverally and fufSciently pardoned, then,
my Lord, I v/ill proceed unto the other
point.

Juft. yones. The whole is good.;.;'.) bit.:

Darnal. Then, my Lord, I conceive,
notwithftanding this pardon, Mr. Danger-
field ought ndt to be iworn ; and that no
perfon attaintedof felony (though pardoned)
can be a v/itncfs. My Lord, it hath been
adjudged in 1 1 Hen. 4th, quadragefijp.o
prime. That a man attainted of felony, (as
Mr. Dangerfield is) though he be afterwards
pardoned, cannot be fworn of a jury. My
Lord, the fame queflion hath been refolved
fince, in no/W yacohi. It is reported in Mr.
Brownlow's and Goldsborough's Reports,
Folio Tricefinw quarto. And my Lord Cook
in Mr. Bulllode's fecond Reports, 154. in
Brown and Crafhavv's cafe, is of the fame
opinion. He fays, a man attainted and
pardoned cannot ferve upon any inqueil ;
and that by the fame reafon, the teftimony
of fuch a man ibr a witnels is in all cafes
to be rejected.

L. C. y. Who fays fo ?

Darnal My Lord Cook.

L. C. y. Men do not flight my Lord
Cook, where do you fay that is ?

Darnal. It is in Mr. BuUtrode's 2d re-
ports, in Brown and Crafhavv's cale, fol. 1 54.

Juft. yones. But you fhould have brought
thefe books hither.

Darnal. I fuppofe, Sir, they may be had
in the hall. My Lord Cook gives this rea-
fon for it in that cafe ; he faith, that not-
withftanding his pardon he is not probus 4i?
kgalis homo.

Juft.

A COL LECTIO

Jufl. Jones. That nirdon was before any 1
judginenc ; it was a pardon of felony before j
any trial or judgment; but here is a con- j
vittion.

Dar7iaL My Lord Cook puts the cafe !
there of a man atnmted. And, my Lord,
in duodecmo Jacobi, it is reported in Brown-
low's Reports, fol. 47.

Juft. Raymond. Which of his Reports ?

Barnal. 1 know but of one iet out in
his nime alone, the other (which is railed
the Firft Part) is fct out in his and Goldf-
borough's name. I have Mr. Brownlow's
Reports here, and if your Lordfhip pleafe '
you may lee it.

L. C. J. What is the page ?

Barnal. Forty-fevcn, my Lord ; the
cafe there reported is, The King pardoned
a man attaint for giving a falle verditt ;
yet he fhall net be at another time impan-
nelled upon any jury ; and the reafon given
there i?, that though the punifnment was
pardoned, yet the guilt remained.

Juft. Jones. That is a very fliort note,
and not lo much in the book as you have
mentioned.

Darnal. I writ it word for word out of
the book, Sir, and I am fure there is fo
much in my book. My Lord, in Mr.
Juft. Crooke's Elizabeth, fol. 686. in Shel-
bom's Cafe, it is held. That though the
King mav pardon fimony, yet he cannot
enable a fimoniack to retain a living.

L. C. J. The aft doth make him not ca-
pable.

Darnal I conceive. Sir, it is upon the
fame reafon, becaufe the pardon cannot
take away the guilt, thoOgh it may the pu-
nifliment of the offence.

Juft. Raymond. He can't dilpenfe with
fimcny, he can't give a diipenlation to take
a living.

Damn!. My Lord, upon thefo rcfolu-
tions and the reafon of them, I humbly
fubmit it to your Lordfhip, Whether Mr.
Dingerfield (having been attainted of fe-

VoL. L No. 19.

N OF TRIALS. 429

lony, though he be frnce pardoned) can be
a witnefs.

Ju. Gen. My Lore', with your Lord-
fhip's favour, this is quite contrary to the
conftant and general opinion, and contrary
to the conftant practice: For, my Lord,
with your Lordlliip's favour, when a man
is pardoned for any crime, if a man can't
lay he is a felon, or he is perjured, then
he can't be reckoned fo to any intent or
purpofe whatfoever.

L. C. J. I told you before it isconfonant
to all the reafon and law in the world, that
a pardon fhould ftop mei-.s mouths from
reviling Ipeechcs that fignify nothing; but
it is one thing to fay men fliall not go re-
viling, that can have no confequent good,
but which tends to the breach of the
peace, and another thing to fay he fhall be
Liber.

Att. Gen. My Lord, v.'hen the King
gives him a pardon, it is as if he had never
committed the offence.

L. C. J. He may be outlawed notwich-
ftanding the King's pardon, and then it is
not as if he had never committed the
offence.

Juft. Jones. It reftores him to wage bat-
tle, and it makes iiim liber Cff kgalis homo :
For if- a man may wage battle, he is iibdr
& kgalis homo.

Alt. Gen. Tiien, my Lord, if he be h.,
he ftiall be a witnef^ : For, in the point of
perjury, a man that after a conviflion of
perjury had a pardon, hath been admitted
leveral times.

L. C. J. Was the exception taken, Mr.
Aitorney .''

An. G<.n. Yes, and he rejefled before he
had a pardon.

]u&:, Rajmcnd. Flow many men have
been witnefles that have been convicT:ed of
f'elonles, after the Kings have pardoned
them ?

Recorder. I will not adventure to fay that

there hath been a particular objection made,

5 R and

43°

A COLLECTI

and fo that the court hath had the debate of
it -, but I will undertake to give your Lord-
fiiip Icveral inftances of men that have been
convii5>ed, and the Judges fitting there
knew them to be fo convicted, and did not
take notice of it.

Jufl;. RayvKhd. I fpeak of Witherington
particularly.

Recorder. He was a witnefs, though
every man did know that Witherington was
coriVidled. I beg your Lordfhips leaves to
fpeak ir, that the Judges themfelves did
know that he was convidled and had re-
ceived fentence of death.

Scl. Gen. [Sir Francis Winnington.] The
conftant practices of the Judges is a mighty
conclufion.

L. C. y. What think you, Mr. Attorney,
if a man be convided of Iclony, and af-
terwards hath a general pardon, is he a
witnefi ?

Ali. Gen. Yes truly, my Lord, it fig-
niiics the fame thing, my Lord, as to be a

treemr.n aga.n.

Jult. Joies. He cannot be of a jury if he
be attainted of felony •, and the reafon is,
becaule he is not prolans i^ legalis homo ; and
why he fhould not as well be of a jury as a
wiuirls I cannot underltand.

///.'. Gei. There is a great deal of dif-
f rence, my Lord, a great many men may
h.- admitted to be witnefies, that cannot be
admitted to be jurymt-n,

Juft. Jones. Shew me any man that is
txcUified from a jury and admitted to be a
wicnefs, except in the cafe of kindred.

Alt. Gen. An hundred.

I.. C. y. Shew me any man who being cf
a jury was excluded, and yet made a witnefs.

ylit. Gen. A villain was not admitted to
be a juryman, but a villain was always to
be a witnefs, and that wa> a point of in-
iamy.

/-. C. y. What infamy was contained in
being a villain .'

All. Gen, He wa' a criaiinal, he ivas n't
^:^>er kcm:.

ON OF TRIALS.

L. C. y. But though he be not a free-
man, he may be an honell man.

Recorder. My Lord Hobart fays, a par-
don takes away the guilt.

L. C.J. It takes away guilt io far as he
fhall never be queflioned ; but it does not
fee a man as if he had never offended. It
cannot in reafon be faid, a man guilty of
perjury is as innocent as if he had never
been perjured.

Alt. Gen. I fay, if a man be pardoned,
he is as if he were not guiltv.

L. C. y. If I were in my Lord Caftle-
maine's cafe, I would fubmit it ; but when
he hath given his teftimony, my Lord P-iall
have liberty' to give in the records againll:
him of what crimes he hath committed.

Jufl ycnes. I do confefs indeed, that my
Lord Hales, in his little book " Of the
Pleas of the Crown," iaith. That a man
that hath had the benefit of his clergy, is
reflored to his credit.

Julf. Raymond. If that cafe be allowed,
it is a plain cafe -, for there is no man can
wage battle, but he that is liber & legalis
homo.

Recorder. A man broke prifon, and
therefore he could not wage battle-, he re-
plies, the King hath parJoned me tliat fe-
lony, and thereupon he is adniitttd to wage
battle.

Juft. yoncs. Where there is no judgment
given in the cafe, and tiic King doth par-
don a man, that doth make a very great dif-
ference.

Recorder. In the cafe of Witherington,
my I^ord Chief Juftice did look upon the
Records, and afterwards faid he was a good
witnefs, and was admitted.

Prif. If you have law by you, I mult
confcnt.

/.. C. y. Then you mull confenr.

Recorder. There are feveralperions who
have had [;ardons after robberies, and we
are forced to make ufe of forne of thcle
fellows.

L. C. y. Pcfore conviiftion.

E.cccrder

A COLLECTIO

Recorder. No, afor convidion, my Lord,
I have known a prifoner at the bar, when
iTiV Lords the Judges have been there, to
be a wicnefs ; and it the court had made any
doubt, it would have been a qutllion
before this time of day.

At!. Gen. My Lord, ifyoupleafe, Mr.
Dangerficld may be fv-'orn.

L. C. J. My Lord lliali have the benefit
of excepting againft his credibility.

Then Mr. Juftice Raymond went down
to the Court of Common Pleas, to know
tlieir opinion.

Juft. Jones. Have you any other witnefs
in the mean time ^

Alt. Gen. No, my Lord, he is a prin-
cipal witnefs.

Sol Gen. Befides the common praflice,
here is a book that lays he fhall wage
battle. ■

Juft. Jones. That is, when there is a
pardon before convidlion.

So'. Gen. But here, my Lord, he fays
the Reatum is taken away, and then it takes
:;way his difabilities too. The difference
can be nothing here before conviction, and
after, becaufe before conviction there is a
difability, before conviction he is difabled
from waging battle : So that that makes no
difference before conviction, and other
cafes afierccnviftion, and the difability is
taken away by the pardon, and he is re-
ftorcd. to be a freeman.

Z. C. J. There is a difability upon pre-
fumption, though not upon conviction.

Sol. Gen. There is the fame legal impe-
diment in the one as in the other; but his
credit is left to the breaft of the jury.

Recorder. When a pardon comes, it takes
away not only P^narn, but Reatt'.m ; and
the reafon my Lord Hobart gives.

L. C. J. Nay, give your reafon.

Recorder. For felony is copJra coronam L'f
digniia.ifn, is a fault againft the King; and
whcnthe King pardons it, it cealcs. And
in another place it is laid, It pardons all dif-
abilities in(;ident to him.

N o ^- TRIALS,

431-

, Juft. Jonts. That is before convidtion
ftiU.

L. C. J. Don't my Lord Cook tell you
exprefsly, 1 hac the taking a pardon doth
not prove any offence ? You take a pardon,
it ought not to be concluded that you are
guilty ; but the proper conclufion of a
wife man is. That you would be lafe. It
can't be thought that every man that hath
a pardon in England is guilty of all thofe
offences that are there pardoned.

Juft. Jones. There is a difference between
a general pardon and a particular pardon :
When a man doth accept of a fpccial
pardon, it muft be intended that he hath
fome confcioufhefs of guilt, or elie he;
would not take it; but he that is included
in a general pardon may be clear, becaufe
all m.en are included in it, unlcfs ibme per-
fons particularly excepted ; and the dif-
ference is taken in that very point, from
accepting a general and a fpecial pardon.

L. C. J. That the acceptance of a general
pardon, doth not barely ot itfelf intend
men to be guilty of the crimes, is plain,
and the reafon is moft apparent ; for b.-fide.';
that men be lafe, fo there be times that
give a realbn why men Ihould have a [>ar-
don, becaufe no man knows when he is
fafc; Perjury lb abounds that no man can
lay he is fafe, and that is a reafon, why
men ihould be very willing to accept of:
pardons.

a. of Cr. Here's my Lord Halcs's book
about the pleas oi" the crown.

Recorder. He fays. When the King hath
difcharged and parcloncd him, he hath
cleared the (;erfoa of the crime and in-
famy.

Juft. Jones. It is ib no doubt.

Si!. Goi. May we pafs upon chefe autho-
rities .''

Juft. Jones. Sir Franci-, we are not wil--
lino- to <'o about ic till it be concluded ; for:
that purpofe we have delirtd my brother"

Kavmond,

COLLECTION

.^4r2 A

Raymon:! to know, tie Judges opinions of
tin- C<)m!Tion Pleas.

Riccrder. He doth exprelsly fay, it hath
rcllorc ': him to his credit ; and in Withe-
rington's cafe he did call for the very
Records.

Alt. Gen. If it reftore him to his credit,
I hope it ihall not bleniifh him fo much
when he is fworn, that he fliali not be be-
lieved.

L. C. J. We won't have any prepolTelTion
in that ci.k, his crimes fhall be all taken
notice ofi it is fit to have men gifilty
of all forts of villainies, and not to obferve
it.?

Jult. Jones. In tliat very cafe, my Lord,
Hobartlays, A man may lay of a pardoned

c p

T a i A L S.

man, he v/as a felon,

though he cannot

now he is a felon ; and now what can be
objecSted to this cafe ?

Recorder. Things may beobjefted againll
a perion, and his credit left to the jury;
but the queltion now is, Whether he fliall
be a witnefs or no ?

L. C. y. We have men grown fo infolent,
they behave themfef. es with that vile in-
folence, that now they take upon them to
fpeak againft whole focictics of men ;
as if fo be there were any thing in
them that fhould render them better
than their former lives or n:itures. Hu-
mility becomes penitents, and no wicked
man is fuppofed to be a penitent that hath
not that-, but thefe carry it with that in-
folency, as if they wee not concerned
themfclves, when God knows the belt of
tliem dilcover what they do, by being but
parties themfclves.

Mr. Juflice Raymond returned from the
Court of Common Pleas.

L. C. J. I vvill tell you what my bre-
threns opinions are ; he hath put it to them
on both accounts, That he was convicted of
felony and burnt in the hand for it, that he
was outla -.ed for felony, and hath a general
pardon They fay they are of opinion,
That a general pardon would not reitore

him to be a wi'-rrffs after an outlawry for
felony, becaufe of the interell ihsf the
Kino's fu bjcfts have iri hini, ' -But they fajr
further. That where a marr com.es to h&
burnt in the hand, therethey look upori
that as a kind of a'morc general difcharge
than the pardon alone would amount to, if
he had not been burnt in the hand. They
fay, If he had been convitted of felony and
not burnt in the han'd, the pardon would
not have fet him upright; but being con-
vi^fted and burr.t in the hand, they fuppofe
he is a witnefs.

Sel. Gen. Swear Mr. Dangerfield.

L. C. J. The very attainder is taken
away, and fo all is gone.

Jtt. Gen. Come, Mr. Dangerfield, are
you fworn ?

Dangerfield. Yes, Sir.

Alt. Gen. Pray tell what you know of
my L. Caftlemaine.

L. C. y. I perceive my brethrens opinion
is, That if a man were convidled of perjury,
if there be no burning in the hand in the
cafe, that a pardon could not fet him up-
right, becaufe of the intereft of the people
in the King.

Au. Gen. Come, Mr. Dangerfield, are
you fworn ?

Dangerfield. Yes, Sir.

J/t. Gen. Then pray fay what you do
know of my L. Cartlemaine .-'

Dangerfield. About this time twelve-
month, my Lady Powis lent me with a
letter for the prifoner at the bar, my L.
Caftlemaine.

L. C. J. Don't you know Jiim ?

Dangerfield. Yes, my Lord, this is the
perion. And, my Lord, the contents of
that letter I know not: But his Lordfhip
made me ftay till he wrote an anfwer, and
the contents of the anfwer, my Lord, were
to this efied : For I returned with the
anfwer to the Lndy Powis, and llie opened
and reid it while I v;as prefent.

L. C. y. Aloud ?

DangerfielJ.

A COLLECTI

Dangcrjield. Aloiu), my Lord,

L. J. C. To you ?

Dan^eifield. To mc .

L. C. y. V, ho was there ?

Dangerfield. Mrs. Cellier was there be-
fides. And the contents of this letter were,
" This perfon I like well, and though he
be no fcholar, he will ferve to inftruft the
youths as he fhall be dirffled." By the
youths were meant the St. Omer's witnefies.

L. C.y. How do you know ?

Dar.gerjield. Btfcaufe I know my Lord
was employed for that purpolc. I know his
Lordfliip did ufe to inilruft the youths ;
and it was a common faying among them.

ON OF TRIALS. 43 3

fome letters that came from one Nevil,
alias Paine. Thofe letters and lift of names
I (hewed his Lordfnip, and he gave his ap-
probation of them, and de fired good (lore
of copies might be writ : For it was of con-
fequerce, and ought not to be neglefted.
And an<ed me, Are there working perlhns
employed in that bufinefs ? And faid he.
Encourage them, and I will pay my part.
So my Lord, after there werea great number
of copies writ of thefe letters, I wrote a letter
to my Lord Caftlemaine, to let his Lord-
Ihip know that the people had finillied their
work, and that there was fomething more
ro be done as a gratuity ; and then his

when one of them was out of his parr, they Lordfhip in anfwcr to this me(renger (who

is here aifo in court) with a letter his Loid-
(hip lent forty (hillings for his part. And
Mrs. Cellier told me (he received forty (liil-
lings and difpofed of it to the ufe intended j
now, my Lord, the contents of thefe letters
were to the fame ef5'ei5t with thofe letters
and loole papers which I conveyed into
Colonel Manfel's chamber; and thefe all
tended to the promoting the (ham-plot, my
Lord.

L. C. J. Pray tell me what was the fub-
jecl of thefe letters; what was the fubftance
of them ?

Dangerfield. To the promoting the fliam-
plot.

L. C. J. That is a general no body
knows what to make of.

Dangerfield. I will give your Lordlhip an
account in particular; thecontents of many
of them were to this purpofe.

L. C. y. Were they not all alike ?
Dangerfield, The copies were the fame,
and there were To many originals to draw
copies from.

L. C. J. Were not the originals all to
the ("ame purpofe ?

Dangerfield. Agreeable in point of fenfe.
L. C. y. Pray tell us the purpofe of
them.

5 S Dangerfield.

ufed to fay I muft go to my Lord Caftle
maine.

L. y. C. What part ?

Dangerfield. That wliich they were to
fay, and one of them did fay, I am out of
my Icfibn, I muft go to my Lord Caftle-
maine.

L. C. y. When did he fay fo ?

Dangerfield. Before the trial, my Lord,
and my Lord Caftlemaine went along with
them to the trial, and his Lordfhip com-
plained of fome ill ufage that the witneffes
received there. His Lordfhip was one of
the perfons that employed me to get Lane
out of the Gate-houfe, and his Lordlhip
fent me to a Ibllicitor of his, whofe name
was Mr. Lawlbn (the perfon is now in
court), to take an account how far he had
proceeded in this affair. I did take an ac-
co'.inr, and I proceeded in it afterwards and
got him difcharged.

L. C. y. How came you into my Lord's
acquaintance.

Dangerfield. That was the firft time,
when my Lady Powis fent me with that
letter. A pretty while after this, in the
month of July, I went to wait upon his
I^ordftiip at his houfe in Charing-crols, the
fame [ilace where I found his Lordfhip be-
fore ; and I was to take his advice about

Vol. L No. 19.

434

A COLLECTION

, Dangerfield. The purpofe wa?. That fo.^
many letters flioiild be conveyed into the i
houies of feveral perfons of quality in this i
kingdom, that were called Prefbyterians : I
For that was the notion, that all perfons, j
that were not for the immediate pro:noting
of the Catholic intereft, lay under ; bccaufe
tjiey looked upon that notion to be raoft
obnoxious.

L. C. J. Who, and where ?

DaTigerfield. In general, my Lord.

L. C. y. In general, where .''

Dangerfield. By my Lady Powis and
the Lords in the Tower.

L. C. J. Were you by when the Lords
in the Tower did agree to it .^

Daiigerfield. When my Lords Petre and
Arundel did.

J. C. J. What did they agree to ?

Dangerfidd. iVIy Loid, the thing is this,
efter they received an account from one
Mr. Paine, I brought a billet from that
Paine, wherein Vvus contained a ground or
I'cheme of the Preltyterian plot ; fo from
thence it derived its firft name : So that
whrn I came t) difcourfe with the Lords
in the tower about it, they called it the
Prefbyterian plot -, and Mrs. Cellier
and my Lady Powis faid, This is a notion
that will do the buGnefs, as it is moft ob-
noxious, and as befl: to our purpofe.

Jult. Janes, How far was my Lord
Caftlemaine concerned in this ?

Dangerfield. I have not heard liis L,ord-
lljip fpeak of it under that notion.

L. C. y. Pray let us hear wliat you can
fay agaifjii iriy Lord CatHemaine.

Dangerfidd. Some con fiderable time after
J had got Lane out of prilbn, I was em-
ployed by Icveral other perfons, his Lofd-
ihipwas one, and he fent me to his Lord-
lliip's follicitor, that is now in court. A
pretty while after this, and the letters and
litt of names, containing matter to tlie fame
effect as I told you before, as thofe in Man-,
••fcfs chamber, and all tending to the credit
of the £nam-pIot, or i\vi Prelbyterian-plot.

OF T R I A L S;

A pretty while after this, in Auguft, as near
as I can remember ; about the middle of
Auguil, I went to wait upon his Lordfhip,
the very next day after I had been tteated
withal in the tower to kill the King, \A\cm
God prelerve ; and his Lordfliip liad a ier-
vant then in the room, and he fent his llr-
vant down ftairs, and looked upon me v^ith
a very aufteie countenance : Said he, wiiy
do you offer to refufc the bufinefs for which
you were taken out of prifon ?

L. C. J. To you ?

Dangerfield. To me.

L. C. y. Who was by ?

Dangerfield. Nobody but his LordiTiip
and myfctf i for he lent his fervant out be-
fore -, fo he afked me. Why I would offer
to refufe the bufmefs 1 was taken cur of
prifon for ! I afked his Lorduiip, what th.it
was .'' Said he, was not you at the tower
yeftcrday .'' Yes, my Lord, I was. Wouki
you have me kill the King, I fuppofe that's
the bufmefs .? Yes, that is, fai.i he. Upon
which he fell into fucii a fury, that I was
forced rudely to leave the room, and went
down ftairs. J think st the fame tiu'ic his
Lordfliip was writing the compendium ot
the late plot ; for there I faw fome words
in a paragr<iph that lay upon the table,,
which I afterwards faw in that book. There.
was ink fet upon the table, and open in his
hand. And he did ufe in his difcourfe to
call his Majefty tyrant.

L. C. y. Have you heard him ? in what
company ?

Dangerfield. In his familiar difcourfe.
As to afk when his Mftjcfty will return
from Windfor ? Says he, when the Tyrant
plcafes. And I remember I heard him
mention the word Tyrant to M)s. Cellitr
at Powis- houfe.

Ait. Gen. flow came that difcourfe about
killing the King ? What was the occafion
of that difcourle }

L. C. y. Llad you refufed it to my Lord ?

Dangerfield. Yes, I rcfuleti,

L. C. y. What dkl you fay to him ?

Dangerfidd-

A COLLECTIO

Dangerfield. I faid any body, but my
King.

L. C. y. He faid, Why did you refufe
to do that tor which you were taken out of
prilbii ? What is that, my Lord ? Was not
you at the tower yefterday ? v.'hy won't you
doit ? What is it ? is it to kill the King ?
I fuppofe if. is, I'aith he, that your LordiViip
intends. Yes faith he, that is it, why won't
you do it ? that is what he fays.

Jn. Gen. That is the evidence we give.

Ju!L Joties. You fay he was very
vio'ent ?

L. C. y. Was you ever in his company
afterwards ?

Dangerjield. No, not after that, that I
know oh

L. C. J. What kind of fury did he fhew
to vou at that time ?

Dangerjield. My Lord, he was in a great
rage, as his Lordlhip is very choleric j he
•was buflling about, and I knew not what he
intendvrd to do, and I was unwilling to ftand
the tell of his anger. He feemed by his
look to be meditating revenge.

L C.J. How ?

Danger-field. I lay this. After his Lord-
ihip had fcnt his fervant out of the room,
faid he. Why would you refufe the bufinefs
for which you were taken out of prifon ?
Said he, were not you at the tover yefter-
day ? Said I, yes, I was ; would you have
me kill ihe King .'' is that the bufinefs ?
Yes, that it is, faid he, very angrily.

Prif. When did you go to the tower ?
Was this the next day .after it .'

Dange-' field. The next day after it.

Pril. Mr. Dangerfield, Pray let me alk
you one qucftion. Did not I threaten to
kill you, or have fome of my fervants kill
you, it you came unto me again ?

D.nn^eyfield. One time his Lordlliip faw
me at my Lady Powis's houfe, and he
{hewed me a very particular favour. 1
fpeak it in the prefence of Almighty God,
nothing out of revenge, nor for any fort of
jfliereft.

A -^

I \.

i\ OF TRIALS.

Prif. Was I never angry vv^ith you but
at that time ?

Dangerfield. No, I know not of any other
time tha: your Lordfliip was angry.

L. C. y. Now what fay you, my Lord .^

P-rif. 1 he firil: thing I defire to do, i'^^.
Here are two gentlemen give in evidence
againft me, the one is Mr. Otes, the other
Mr. Dangerfield. Mr. Otes fays. That he
in Spain did fee feveral letters from me :
That when he came over into England, he
brought a letter from Spain to me, that
that letter v/as given to the provincial, and
the provincial (he fuppofes) gave it me.
Now, my Lord, I only delire tiiis, that the
firft thing that ihajl be done, is, that you
will pleafe to call Mr. Parker, v.ho will
fliew you what kind of man Mr. Olcs is.
And I am glad, fince you fiiy that Mr.
Dangerfield is a good witnefs, that I caa
prove Uiat every v/ord he fays is a lie. And
lb begin with Mr. Otes.

Prif. I would offer you a record, a re-
cord of fome particular actions from Had-
ings.

L. C. y. Ke.^d the record.
The record read.

L. C y. Wliat ufe can vou make of
this ?

Prif. My Lord, the cafe is only this. My
Lord, I will tell you, here is Mr. Otes»
th's is only to fliew what kind of man this
Mr. Otes is. Mr. Otes he comes and ac-
cufes a man at Haftings for Buggery, there
he is indiifted and comts to his trial, and
then he is found innocent : Now, 1 lent
for this Parker, to tell your Lordflfip v,!iaE
kind of man this Mr. Otes was, and for
that purpofe fhew the whole proceeding.

L. C. y. My Lord, you fiiall have' all
the juftice in the world ; but we muft have
right done to the King's evidence. Yon
have brought in a thing, whereby a'l yoa
can make againll Mr. Otes is. That he
was the prpfccutor ot a man lor the crime
of buggery, and is fuppoicd to have taken .

his

43 5

A C O L L E C T I

•his o uh tht-rc, and notwithftanding the
jury v.'oul.i not believe him, and found the
man noL gnihy.

trif. My Lord, I come to Oiew tlie mo-
tives how the jury came to clear him, that
is, by proving this man was in anotiier
place at that tunc, and fatisfied the court
and jury, that he was from eleven o'clock
orlboner, till eight or ttn o'clock v/ith them
in company ; where it was only the malice
that was between Oces and Parker •, and
Icveral witnfff^s that were in liie place
■where he faid the buggery was committed,
faid that he was not there ; and the witneflcs
pofiiively laid they were with him, and all
looked upon Mr. Otes as a detellable man,
and lent him out of the court.

L. C. J. Do you prove this by any but
■Parker ?

Jufl-, Ray.iiond. This ought not to be
admitted ; for if it be, Mr. Otes ftands here
to anfwer all the faults that ever lie com-
Tnitted.

L. C. J. Here is the cafe ; fuppofing it
be true now, that Mr. Otes prolecutcd a
man for felony, and he gave teftimony,
Juppofing it fliouid be fo, and yet the jury
acquitted him •, what ufe can you make of
it .' you can make no inference ; it is a
thing we mull allow all the juries in Eng-
land ; for there is witncls generally given
on both fides -, and when there are for tiie
plaintiff, the defendant's evidence are all
perjured, and when for the defendant, the
plaintifl's evidence are perjured.

Pr'rf. My Lord, this is the inference.
Thus much I make of it, that this Parker
is innocent. Otes fwears pofitively he did
To, the other fwears pofitively this man was
not there •, to Ihew the malice Otes had

ao;ainft him.

L. C. y. My Lord, you can go no fur-
ther than you have gone. The rcfult of all
is, that the jury found him not guilty; for
what grounds no man can come to fay, but
the jurymen thcmfclves. No man can tell

ON OF TRIALS,

what prevailed with the jury to find him not
guilty, that is in their own conl'ciences, and
thefe are things that cannot be examined.
His jury, notwitliftanding Mr. Otes was
i the only profecutor, they found him not
! guilty, and it amounts to nothing.
I Pnf. My Lord, there is another thing :
j While this man was in prifon, what does
j Otes do, but comes here to London, accufes
j the father, who was a confiderable man in
' the town, a jullice of the peace, and mayor
[ the year before -, accufes him becaui'e he
I (hould not affiit his Ion ; accufes him be-
fore the Kingoffpeaking fcandalous words;
then he gets him by a mefTenger brought
up before the council ; the King was pre-
knc at the hearing, and there it was proved
to the King, as the order of council fliev;s,
that he was an honeft man, and fo the coun-
cil lent Otes away with the greateft con-
tempt, and freed the other man.

L. C. y. Was this before the plot was
difcovcied ?

Prif. Yes, my Lord, in purfuance rf it.
L. C. y. You faid it was that he fhould
not help his fon, his fon was not free.
P}-i/. No, he was in prifon.
Recorder. My Lord may think hard if he
hath not fome competent liberty ; but he
muit keep to the bufinefs. You fay, that
notwithftanding he hath the opinion of the
court, that the jury muft take notice ; then
the jury mud take notice it fignifies no-
thing.

Prif. Very well. Having told you this,
I defire you would be pleafed to take no-
tice, after Otes was thus forced to run away
from Haftings, here it feems he was con-
verted to be a Papift, by a perfon whom
Mr. Otes hath fince converted to be a Pro-
teftant ; and you fliall fee what an account
this gentleman will give of him.
L. C. y. What is his name .-'
Prif. Hutchinfon.

L. C. y. What will you do againft him ?
Prif, Several things, my Lord.

L. C. 7,

A COLLECTION of TRIALS.

L. C. J. You muft not do it : If you
are able to dii'prove Mr. Otes in any of
thefe particulars, you may do it. If you
alledge telnmony agaiml the particular mat-
ter he hath fworn, you \n\\ do very well;
but pray, my Lord, keep to that.

Prif. I will, my Lord ; I will fubmit
any thing to your Lordfhip's commands;
and therefore, my Lord, I will tell you for
what reafon I fent for this man, to tell ycu
how Mr. Ores went to Spain, and how he
lived in Spain.

. L.'C. "^. If you can (hew the jury any
realon why they fiioukl not believe his evi-
dence, that v.'ii! be very proper.

L. C. y. What is your name .''
• Hutcbinfon My name is Hutchinfon.

Prii. Mr. Hutchinfon. pray fay what you
have to fay, and not follow Mr, ( 'tes's
-method : I only atlc you this queftion. Sir.
Whether you did convert this man, that is,
•reconcile him to the Church of Rome ?

Hutchinfon. Yes, my Lord, that I did.

L. C. J. You ought not to afk him fuch
qyeftions, you bring him in danger of his
life ; you are not to afl< liim fuch queftions.

Recorder. Let us fee the Statute-book.

CI. of Cr. It is High Trcafon,

L. C. J. You thought this had been me-
ritorious now, and it is High Treafon.

Recorder. This it is to abound in a man's
own fenfe. We mult beg your Lordihip's
advice in this.

L. C. y. Are you a Proteftant now ?

Hutchinfon. Yes, my Lord.

Prif. He was a Prieft, and confe-Hes hi?
errcr.

L. C. y. Did you know Otes firfl: in
Spain ?

Hutchinfon. No, my Lord, I knew him
firft here -, and we were m company, am!
I told him. He could not be a true Prieft,
fince he was of the Church of England.

Att. Gen. He otlers fuch things as are
not evidence.

Vol. I. Nc. 19.

437'

L. C. y. Pray what do you know of his
employm^-nt in Spain .'

Hutchinfon. I received letters from him
when he was in Spain. He went over to
ftudy philofophy and divinity there, and I
(aw his recommendations to the Redor of
Liege.

L. C. y. Did you fee him ?

Hutchinfon. Yes, my Lord, 1 did fee
him before he made this diflurbance.

L. C. y. What difturbance .'' Do you
know.' What difcourfe had you with him.'

Hutchinfon. I employed him in writino-
for me.

L. C. y. Writing what.'

Hutchinfon. \n writing certain things
againfl the , corruption of the church of
Rome. He had 10.3. I gave him, and this
was before the difcovery he made (as he
pretends) of the plot. And he told mc he
would fuff'cr no more for confcience-fake :
" It is an hard thing, (faid he) Mr. Berry,
for a. man to want bread;" upon which I
gave him los.

L. C. y. He fays, Having been formerly
with Mr. Oces, he employed him to tran-
icribe many things for him, ai'd Mr. Otes
faid to him, " He was rcfoh'ed no more to
fuffcr for confcience-fake." " How, (faith
hej not fu" " Oh but Mr. Berry, (laid he)
it is a very fad thing to want bread." And
upon that, he fays, he gave him 10s. fcr
hiS pains in writing.

Hutchinfon. And hereupon, my Lord,
in May .was t'A'ch-emonth he fent for me,
when I heard he had done lome more mif-
chief ;■ and I went to him, my Lord.

L, C. y. That was ai'ter tJie diicovery ?

Hutchinfon. Yes, my Lord, upon that he
w.as very kind to me, and gave me -.os.
Said he, Mr. Berry, you have been civil 10
me, and you lliall never want any thing fo
long as I have it. Said I, Mr. Oces, an;
thefe things true that you fwear againlt the
Jefuits .' Said he, As I hope for falvation
they are. And that was the trueft word Ije
5 T fpalce.

433

A COLLECTION of TRIALS.

fpake theie three years. Then, faid I, Mr.
Gees, anUver aie this only one thing. There
•are an hundred and twenty perfons thatfaw
vou every day, and dined and fupped with
you at St. Omers, and thele you have re-
commended to me for virtuous people, and
I know them to be fo. He faid, They are
outlav/ed men.

L. C. J. What did Mr. Otes fay more .?

Hiitchinfon. He was with me frequently,
mv Lord.

'Recorder. He paid you your angel well
when he gave you 20s.

Hulcbinjon. 'Mr. Otcs, fpeak the truth:
There is a God in heaven.

Otes. Shall 1 be allowed to fatisfy the
court as to this evidence ? I will give the
court a very good account.

L. C. J. The fubrtance is this ; That
"you were poor. Is it true that he gave
you I OS .''

Oles. My Lord, I believe I might not
have much money among them.

L. C. J. And you faid, " You would
fufter no more for confcience fake P"

Otcs. That is not fo, my Lord.

L. C. J. And, " That it is an hard thing
to want bread .'"'

Otes. My Lord, I never wanted bread.

Hutchinfon. But you faid fo to me, Mr.
Otes.

Atl. Gen. Hark, Mr. Hutchinfon —

Otes. To fliew the invalidity of this evi-
dence, my Lord, the Biiliop of London
hath turned him out of his living at Barkin.
■ L. C. J. What is that ?

Otes. To fhew that he is is not fit to be
trufted.

L. C. J. Why you have never a living.

Otes. Yes I have, my Lord.

L. C. y. Where ?

Otes. In Kent, my I-ord.

L. C. J. How long have you had it ?

Otes. I was rcltorcd to it lafl fummer.
Reccrder. He fays that he liad difcourfe
with him concerning his priefthood : Whe-

ther Mr. Otes thought himfelf to be a good
Prieft ; that is, as he was made by the
order of the Church of England ?

Att. Gen. He fays, he converted Mr.
Otes to be a I'apifl.

Otes. And I have a cliarge of High
Treafon againfl; that m.an, for feducing me
from my religion, my Lord ; I will fwear
he turned me to the Church of Rome, and
I defjre it may be recorded.

Dr. D. I have one thing to tell your
Lordfhip, the man is mad, he is diftracled^

L. C. J. This Dodor of Divinity is a
very honeft man, he will tell you.

Dr. D. He was my Curate at Barkin,
and my Lord of London having feme in-
formation againft the manner of his preach-
ing, fent me word to Rippon he would
provide me another Curate ; On Saturday
lad, dining with him, my Lord told me
he was diftracled.

Recorder. His behaviour is a very con-
current teftimony.

Jutl. Raymond. I appeal to my Lord, if
I did not tell liim, as he came into the
court, that he was a diftrafted man,

L. C. J. Call another witnefs.

Prif. Here's a gentleman was his fchool-
fellow at Valladolid. I afl-: you, Mr.
Armfcrong, Whether you knew any thing
of Mr. Otes there ?

L. C. y. How long had he been there ?

Jrmjlrong. Lie was three months there
before me.

L. C. y. How long was he there in all ?

Armjlrong. A matter of a month.

L. C. y. Was he not there four months ?

/Jrmjlrong. Yes, a matter of four months
in all.

L. C. y. He fays, he had been there
tliree months before he came, and a month
after he came •, and that then he was but a
common fcholar.

Otcs. My Lord, I will fatisfy the court
when they quellion me.

L. C. y. In what would you fiitisfy us .•"

Otes.

A COL LECTIO

Otes. About being a fcholar. I was I
ready to commence when they came ; but j
being they were ftrangers in tlie town, not |
being town-lcholars, and not undertaking
Philofophical dictates the fathers ciid pray
me to {hew them the way to fcliool ; and I
went with them two or three times.

L. C. J. Call another, my Lord.

Prif. Mr. Palmer and Mr. Dorrington.

L. C. y. Did you know Mr. Otes at St.
Omers ?

Palmer. Yes, my Lord, and he was an
ordinary Icholar there, and dined and Tup-
ped with us.

L. C. J. You faid he dined at another
table.

Palmer. Yes, my Lord, he did dine at a
table by himfelf, but it was at the fame
time,

Oles. Had I fcholars commons ? Pray,
my Lord, afk them that.

Palmer. He had the fame commons that
we had ; but they had a refpeft for hJm as
he was an ancienter man, and that was the
reafon that he had more freedom than the
reft.

Prif. My Lord, he fays he came from
St. Omers at the confult : Pray, Sir, who
did you come along with ? Did you come
with Hilfley ?

Otes. Hilfley came with me in the pac-
quet-boat.

Prif. Call Mr. Hiiney and Ofbourne—
My Lord, this gentleman : I would bring
nothing to offend your Lordlhip, or no-
thing that hath been old, if it had notfome
new inference from it ; therefore, my Lord,
this is the reafon that I fent for Mr. Hil-
fley. Mr. Hilfley, did you come with Mr.
Otes in April in the pacquet-boat ?
Hi/fey. No, my Lord.
Prif. You left him at St. Omers ?
Htlfley. Yes, my Lord.
Prif. Now, my Lord, I have feveral
witnefles to prove this. And pray, Mr.

N Of TRIALS.

439

Olbourne, tell my Lord what lie faid to
you.

Ofbourne. My Lord, about the latter end-
of April I heard Mr. Hilfley was in town \
I went to fee him, and one time at a coffee-
houfe about the Turnftile we fell in dif-
courfe.

L, C. J. My Lord, you fay you have
two perfons of quality : I will tell you, my
Lord, what you fhall expeft -, I will not
be for one, and not for the other •, but be
equal as near as I can. If he comes only
to teftify what Hilfley told him, it (ignifies
nothino-.

Prif. I do depend upon Hilfley ; but
this is that Hilfley told him, That there
was one Otes at St. Omers.

L. C. J. That is no evidence ; nor can
ladies of quality prove by their own expe-
rience what Mr. Hilfley affirms, That Otes
came not over with him.

Prif. My Lord, they can tell -, and one
lady, a proteflant, that talking with this
gentleman before the plot —

L. C. J. This is only diicourfe what ano-
ther man fays ; if Mr. Otes himfelf fliould
have faid fo, then indeed it is proper :
But to fiiew you this, it is impoflible, fup-
pofing they fpeak truth ; that is, if they do
witnefs what they do nor. That long before
they heard of the name of Otes, this gen-
tleman fhould tell them, one Otes was left
at St. Omers -, it fignifies nothing.

Prif. Does not that confirm Mr. Hilfley's
teftiraony ?

L. C. J. No, indeed.
Prif. I only refer this to you, my Lordj
Hilfley fays, In April he did leave Otes,
and here are four or five witnefs that Hilfley
told them fo.

Juft. Jones. All that my Lord fays, i.q
this. That he did leave Mr. Otes at St.
Omers. If it be objeded, they are catho-
lics, as tiiey call tliem ; fays my Lord,
Hilfley did tell this ftory befor£ there was
any plot. Why Ihould he tell them fo ^ It

A COLLECTION of TRIALS.

is not in favour of that religion that he
fpeaks ; but the time of teftifying fuch a
thing, (hews he fpeak true. This is all.

Frif. This is the inference; this is only
CO corroborate and fhew you the credit of
his teftimony.

Jull. Raymond. It may be a mislake
though ; and it is of no more force than
wliat he fays now.

Att. Gen. They were all miftaken in that
nrsatter.

Otcs. My Lord, he did leave me at St.
Omers, but T overtook him at Calais.

/-. C. J. W ill you fwear it, Mr. Otes ?

Otes. I fay, upon my oath I did it.

L. C. J. it were a great matter if you
had any body to prove, that this gentleman
eame alone; but that is Itill but one man's
teftimony.

Prif. But here is confirmation to his evi-
dence, that he could not invent it.

Att. Gen. You had fixteen once, but the
contrary was proved and believed, and fo
it may be again.

PriJ. Call Mr. Gregfon and Mr. Rigby.
Mr. Gregfon, were not you landlord to
Mr. Otes before the plot was difcovered ?
How long before the plot did he lie at
your houfe ?

L. C. J. What time ?

Gregjon. A week before Eafter, 77.

Juft. Raymond. When did he go away
from you. Sir ?

Gregfon. The Sunday after Eafter day.

Juft. Raymond. When did you fee him

agam

Gregfon. He came to me about All Saints.

Juft. Raymond. The fame year ?

Gregfon. Yes.

Otes. Who paid for my quarters .'' Pray
ask him that, my Lord.

Gregfon. He paid for it himfelf,

Otes. Did not Mr. Fen wick pay for ir ?

Gregfon. He did after you came from
St. Omers.

Otes. My Lord, when I ca.me laft from
St. Omers, I want dircdly to his houle.

Prif. Was not he in a poor conditioii }

Gregfon. He was th.en indifF-Mcntly poor,

Prif. My Lord, this is only to prove his
condition.

Otes. My Lord, I had only what the Je-
fuits allowed me.

} . C. J. You had nothing but what they
allowed you ?

Otei. Nothing elie, n^y Lord.

Juft:. Jones. They allowed you a very
fcantv living.

Pr7f Call Mr. Litcott. Mr. Littcot,
Do you know any thing about a dis^orce ?

L. C. J. What Ihould he know ?

Prif. Pray, my Lord, don't difcoujage
me.

Juft. Raymond. But you muft not afk
things that are not to the purpofe,

Ltitcott. My Lord, it v^as morally im-
pofliole there fhould Iw-a divorce.

L. J. C. Was there any endeavour by
my Lord concerning it .''

Littcctl. There was no fuch defign.

L. C. y. How was that .-' But pr.iy mind,
you will be morally nor bcileven eile : Do
you know my Lord ufcd any cndeavouti,
in order to obtain a divorce ?

Recorder. That is all that he fays,. " Pie
never knew any thing."

Prif. I only fay this, my Lord, Mr.
Otes comes here and fays, that he heard
me fay, that I did fpend a great deal of
money. Now if I fjti^fy the court that I
never fpent a farthing towards a divorce —

L. C f. If he had laid, your Lorddiip
laid out fums of money, then it had been
an anfv/er to that, if you could prove ycM.i
had not.

I'rif. Ycu know I ftand her-- accufed for.
a great cri.me ; pray g ve me leave.

Juft. Raymond, li it were a matter of
moment we would.

Prif. Pray, my Lord, he.i' me: PItra's
a man fays, I i'ycui a great deal of money

aioyt.

A COLLECTIO

about a divorce ; I come to tell your Lord-
fliip, that this very man, before yourLord-
fliips, and iillb before the King, and if your
Lordlhips have forgot it, I will lliew you
witnefles that he Ipake it before the King,
and before the Houfe of Commons, that I
did a(5tu3lly fue ou: a divorce : Now I will
{hew, my Lord, that I neither could nor
did go about it.

/,. C. J. We are not to take notice of
that now. If he did fay a falfe thing before
the FLnil'e of Commons, we cannot take
notice of it now ; for we cannot go to try
whether he faid fo, and whether that be
true or falfe.

PriJ. I humbly beg, my Lord, if this
man that is upon his oath hath fworn before
the King that he did actually fee the divorce,
and I prove that it was impcflib'.e that he
(hould fee the divorce, becaufe it was im-
pofiible to get a divorce

L. C. J. What then ?

Juft. Ray:ncnd. You mud not be per-
mitted to prove that, it is not pertinent to
the queftion.

Prif. My Lords, with humble fubmiffion
to you, he hath told me this before your
Lordlliips, that I fpent a great deal of
money about a divorce.

L. C. J. My Lord, you will be fatisfied,
when we have acquainted, you what. the or-
dinary proceedings of a court of juflice are
in matters of this nature ; what is, and what
is not to be admitted. If you fliould come
to prove Mr Otes had fall!/ fworn a thing
in another court, and five or fix witnelles
{hall come and fay it is not tru-.- •, .we are
not to hc^arken to it. The reafon is this,
firft you muil have him perjured, and we
■are not now to try, whether that thing
fworn in another place be true or falfe .?
Becaufe that is the v>'ay to accufe whom you
pleaie •, and that may make a fiian a liar,
that cannot imagine this will be put to
him : And fo no man's tellimony that comes

Vol,. I. No. 19.

N OF TRIALS.

441

to be a witnefs, fliall leave jnmfelf fafe.
And this is another cafe, If he fwore in ano-
ther place what is contradictory to what he
fays now-, then it is proper. If you couki
prove that he had fworn in another place,
that he never faw you, it is very proper :
But now to us he fays, That he cioth not
remember whether ever he had fecn a
divorce, or that you had fucd out a divorce.
All that he remembers, is, That you faid,.
you had expended a great deal of money
about a divorce, and this is all he tcftifies
here.

Prif. My Lord, my evidence againil
Mr. Otes ia this. That he waves what he
faid before, when I came to a(k him, and
fays, I don't remember. Now, my Lord,
if he lies in one thing he may in another,

Juft. Raymond. No man can remember
all the things that ever he did in his
life.

Prif. I have witnefi!cs to appeal to, to
witnefs every thing-, and I reprefcnt it here
to you, that I would with all my heart have
indifted him of perjury, but for Mr. At-
torney General : For I employed two to
attend the Clerk of the Peace for copies of
the indidtments againil Mr. Langhorn and
Mr. Ireland ; they did come to the Clerk of
the Peace, faith the Clerk of the Peace, I
can't do it without Mr. Attorney's authority.
My Lord, faith he, I would give them yoa
with all my heart, but I mule have leave
from the table.

Jit. Gen. No, my Lord, I told you, I
would not give it you without you had an
order from the King, and the Council did
not think fit to give it you.

Prif. I think this is a little pertinent,

Jult. Jones. How doth any thing that
yourLordfiiip excepts againlt m this gentle-
man's teftimony contradid itfelf ? All that
you accufe him of, is. That Mr. Otes had
faid he heard you fay, you had fpent a great
deal of money about a divorce.

Frif.
5U

4r4r2 ACOLLECTI

Pr^f. 'I only (hew, if you are pleafed to
hear ir, that he reported to the King that
he adualty 'aw the divorce.

Julh j'cues. That agrees well enough
with vh.'.t he lays now.

Prif. He laid lb, in your Lordfhip's
hearing.

L. C. J. I don't remember it, if I did I
would Ipcak of it ; I don't remember it
upon my word.

Juft. Raymond. I protetl I don't remem-
ber a word.

Juft. Jones. In the court, did he fay it? •

Juft. Raymond. Here we are all three that
were prefent, I proteft 1 don't remember
it ; but as to the bufinefs of the divorce, I
mieht look upon it as impertinent, and fo
poftibly might not mind what he faid.

Prif. I only offer this to you, and if
your Lordfnips command me to defift, I
will deflft.

Oies. I defire my evidence to prove that
I was in town.

Juft. Raymond. Pray, Mr. Oces, you are
an evidence, you muft be governed by Mr.
Attorney.

L. C. J. It would be very fir, Mr. At-
torney, to prove that Mr. Otes did come
over with Hilfley in the pacquet-boat.

Juft. Raymond. Mr. Otes, I remember
very well gave an account of his coming
over, faid he, I did come over with fuch
and fuch perfons, and among the reft was
Mr. HilQey. This is only to prove that he
was at the confult.

Alt. Gen. We can prove it.

Records produced againft Mr. Danger-
field.

L. C. J. Here is. That he was burnt in
the hand, and out-lawed for felony, pil-
loried for cheating, twice pilloried, and fee
whether he was whipped or no.

Scl. Gen. I know nothing of the pillory.

Juft. Raymond. Here was a record of
being burnt in the hand, and a record for
putting away falle guineas.

ON OF TRIALS.

L. C. J. For that he was to ftand in the
pillory.

CI. of Cr. Here is one record for another
(liilling gilt.

L. C. y. Was thnt in the pillory too ?

ylil. Gen. He was fined fifty pounds.

CI. of Cr. Here are three in Sahftaury for
three feveral guineas, and he was adjudged
to the pillory for them all.

Alt. Gen. It was all at one afTizes, my
Lord.

L. C. y. My brother tried him.

CI. of Cr. He was tried before Mr.
Juftice Jones, and to ftand in the pillory
for all three.

L. C. y. What have you elfe to fay ?

Prif Call Mrs. Cellier and Mr. Dowdal.

L. C. y. What is your name, Sir ?

Dowdal. My name is Bennet Dowdal.

L. C. y. What have you to fay to him,
my Lord ?

Prif. Mr. Dowdal, the cafe is this, Mr.
Dangerfield tells me I was angry with him
at fuch a time for a bufinefs at my houfe ;
Was I not angry with him at Powis's houfe
for going to the Lords in the Tower ?

yitt. Gen. Then he did go about it ?

Dowdal. Mrs. Cellier fpake to me to
fpeak to Mr. Dangerfield not to be troubled
at your anger.

Juft. Raymond. When was this ?

Dowdal. After the Jefuites died.

Prif He proves this. That Mrs. Cellier
fpake to him to pacify Mr. Dangerfield,
and Dangerfield did teli him I was angry
with him for going in my name to the
Lords.

Juft. Raymond. He fays no fuch thing,
my Lord.

L. C. y. You muft not alk him what
Mrs. Cellier faid.

Mrs. Cellier. This day twelve-month he
and I had been employed in writing copies
of fome letters, and I fent him to my Lord
to know if he would go fomething towards
the printing them, and he went from him to

the

A COLLECTIO

the Lords in the Tower. In an hour and
half after, my Lord came to me very
angry : Mrs. Ccllier, faid he, I thought
you would not forfeit your difcretion to
fend fuch a rafcal to me ; if you fend him
to me again I will bid my fervants kick
him. And faid I to Mr. Dangerfield, you
are not to note that ; for he is a very good
man, and may be angry one time and
pleafed another ; and I would have fent him
another time, and faid he. Pray Madam,
don't fend me thither, I would rather go
an hundred miles of your errand.

L. C. J. Dangerfield, that difcourfe you
had with my Lord, was it before the Je-
fuites died or after ?

Dangerfield. What difcourfe ?

L. C. J. When you difcourfed about kil-
ling the King.

Dangerfield. No, my Lord, two months
after.

L. C. y. When was the time that thefe
words were fpoken ?

Dangerfield. When his Lordfhip was in
that paflion.

L. C. J. When was that ?

Dangerfield. My Lord, it was about the
middle of Auguft.

L. C. J. Was you ever in his company
after ?

Dangerfield. No, my Lot'd, I faw him
once at Powis's houfe.

L. C. J. Had he ever been angry before.?

Dangerfield. No not till this time, my
Lord.

L. C. J. Here Mrs. Gellier witnefles,
that this day twelvemonth, my Lord was
extremely angry, inlbmuch, that when fhe
would have had you go on an errand, you
would not.

Dangerfield. My Lord, that time I had
been with my L. Caftlemaine, I went home
to Mrs. Cellier's houfe, which I did then
call my home, and faid I, my L. Caftle-
maine is moft violent angry with me.
. L, C. J. When was this ?

N ov TRIALS. 443

Dangerfield. This was the latter end of
Auguft.

L. C. J. But (he talksof this time twelve-
month.

Dangerfield. It is no fuch thing, my
Lord.

Cellier. I faid. Pray carry this letter to
my L. Caftlemaine : Pray excufe me, laid
he, I had rather go an hundred miles than
go by his door.

L. C. J. Whereas Dangerfield fays, He
had this difcourfe in Auguft, Mrs. Cellier
fays in June or July, this day twelvemonth
particularly Ihe gave him a letter, and he
faid. Pray excufe me, I would go an hun-
dred miles for you ; b^t I would not go
into my Lord's company again if I could
help it.

Frif. My Lord, Mr. Dowdal can tell it.

L. C. J. Did he acknowledge to you
my 1 ord's anger in the beginning of
July?

Dowdal. It was within a week after the
Jefuits died.

L. C. J. I don't know that.

Dowdal. It was about the twenty- firft of
June.

L. C. y. Here are two witnefles, one
fays in June or the beginning of July ; fays
Mrs. Cellier, this day twelve- month he
came and told me my Lord was extremely
angry with him. And ftie would afterwards
have had him carried a letter : But he faid.
Pray excufe me, I would go an hundred
miles, but he would not go again to him if
he could help it. And Dowdal fays he told
him about that time of my Lord's anger
with him.

Jtt. Gen. Hold your tongue, Mr. Dan-
gerfield.

Juft. Raymond. What Jefuits ?

Dowdal. Tiie five Jefuits.

Prif. If you pleafe, my Lords, I would
only tell you this. My Lords, you lee
that thefe two witnefles teftify, that I was
angry with Mr, Dangerfield, in June, my

Lords,

444 ACOLLECTI

Lords, I only fay this to you, that when I
was examined at the council before the
King of this particular, my Lord Chan-
cellor aiked him the particulars of it, and
he did confefs this thing which I now prove.
Now, my Lords, I infer this, if I was fo
angry with him for offering to go to the
Tower, when he went to the Tower in my

name

L. C. J. That they have faid, that you
were very angry.

Dowdal. Dangerfield told me fo, that he
was angry about his going to the Tower in
my Lord's name unknown to him.

L. C. J. Here are two witneffes to prove,
that my Lord was angry with him for
going to the Tower in his name, and they
both tellify he wa?. extremely high and re-
fufed to carry a letter to my Lord ; and yet
he fays in Augutl following he had this
difcourfe.

Prif. I have now only one thing to fay,
what hath paffed between Mr. Oits and
Mr. Dangerfield.

L. C. J. Do it as near as you can.
Sol. Gen. We have fome other evidence
to anfwer this.

Jtl. Gen. If your Lordfhip pleafe, we
will call two or three witnelTes to prove the
point. Firft, to prove this laft thing, that
we have been in my Lord's company later
than my Lord fpeaks of.
L. C. J. He fays Augua.
JtL Gen. We will prove after that time
that is the time that pinches us.

Prif. My Lady Powis is in court, will
you hear her ?

Lady Pozvis. My Lord, I never did fend
a letter by Mr. Dangerfield to any body in
my life, nor I never read a letter in Mr.
Dangerfield's prefence, nor never had him
lo much in my company to read a letter or
any tittle to him,.

L. C. y. I will tell you gentlemen, what
he fays, Mr. Dangerfield i^wears he carried
a letter from my Lady Fowis to my Lord

ON ofTRIALS.

Caftlemaine, and there was an anfwep
brought back, and that that anfwer of my
Lord Caltlemaine's was read before him,
and (you will do well to call Mrs. Cellier in
again) my Lady Povis doch deny that (he
ever lent a letter by him to my Lord Caftle-
maine, or any body elfe, by him in her
life; or that fhe ever communicated any
letter to him : This is apt evidence, this is
the truth of it ; for it anfwers diredlly to
what he fays againft my Lord Caftle-
maine.

Sir Richard Barker.

L. C. J. Wh.it fay you, Sir Richard
Barker, can you give an account of Otes ?
When was Mr. Oies in town ? What time
that you know of?

Sir R. Barker. My Lord, I remember
we were once upon this before your Lord-
fhip.

L. C. J. In 78.?

Sir R Barker. Yes, my Lord, the evi-
dence that I gave, my Lord, was only this,
that my fervants told me that Mr. Otes had
been at my houfe : It was before Whitfun-
tide, in May 78.

L. C. J. Did you fee him- then } when
was it you faw him ?

Sir^. Barker My Lord, I faw him af-
ter.

L. C. J. How long after ?

Sir R. Barker. It was about the latter
end of June.

L. C. J. He fays to his own knowledge
he law him in June.

Att. Gin. But we have his fervants here
too, Philip Page, and Cecily Mayo.

L.C. J. Do you hear, Mrs. Cellier, was
there any letter lent by my Lord Caftle-
maine to my Lady Powis, that was read be-
fore you and Dangerfield .''

Mrs. Cellitr. No, my Lord.

L. C. J. Here arc two witnelTes, my Lady
fays there is no fuch thing, and Mrs. Cellier
fays it.

Frif,

A COLLECTIO

Prij. There is another thing, that is, '
The teaching the fcholars at St. Omer's,
that I taught the fcholars their lefTons.

Turner.

Sol. Gen. Pray inform my Lord and the
jury, what time it was you faw Mr, Dan-
gerfield at my Lord Caftkmaine's.

L. C. J. What month can you charge
yourfelf to fay, you faw Dangerfieid in my
Lord's Caftlemaine's company ?
Turner. I can't fay juft the time.
L. C. J. Might it be Augult ?
Turner. I can't well tell, 1 think it might
be about July.
Jull. Raymond. Why do ye think fo ?
L. C. J. You are not afked to accufe
yourfelf in any thing, but when you faw
them together.

Turner. I was coming down ftairs, my
Lord.

Jufl Raymond. You don't tell when it
was.

L, C. J. Tell us whether you can tell
or no : It you are doubtful, fay you are
doubtful; but fpeak the truth.
Turner. I can't be pofi five.
L. C. J. It might be in June, or July,
or Auguft, but you think July ?
Turner. Yes, Sir.

Sol. Gen. The fooner it is after that the
evidence is, the better againft it.

Att. Gen. Madam, I think your ladyfhip
fays you never fent a letter by Danger-
field ?

Lady Poii-is. Yes, Sir.
AtL Gen. Nor did you never receive any
notes from him .?

Lady Pozvis. 1 have received fome notes
from Mrs. Cellier, w hich were his writing.
L. C. J. But did you ever receive a let-
ter from uiy LordCaftlemuine ?
Lady Powis. I never did.

Woodman.

Jiifl. Rfiymcnd. What do you fay, Mr.
Attorney ?
Vol. 1. No. 19.

N OP TRIALS. 445

Att. Gen. Heark you. Woodman, wcie
you fent with any letter i"
fVoodnian. To "whom ?
Att. Gen. To my Lord Cadlemaine, or
any body ?

Woodman. I was fent with one letter, it
was Mrs. Cellier's. '
L. C. J. To whom ?

Woodman. To my Lord Caftlemaine ; "
as I remember, I took it from Mrs. Cel-
lier's daughter.

Att. Gen. Did you ever receive any mo-
ney of my Lord Caftlemaine ?
Woodman. Yes.

L. C. J. What was it ? how much was
it.?

Woodman. About three pounds, or thirty
flaillings, 1 believe.

L. C. y. How do you believe it ?
Woodman. To the beft of my thoughts
it was.

Att. Gen. Was it for Dangerfieid ?
Woodman. My Lord, I don't know that.
L. C. J. Have you any more ?
Sol. Gen. My Lord, I have this to fay to
prove Dr. Otes was in London in April
78.

L. C. y. He doth not deny but he
might be here too.

Prif. I don't difpute it, I have only this,
one word more. It is not of treafon, but ic
is againft my reputation ; becaufethis man,
before your Lordfliip, I think hath accufed
me of it; and I think I fhall give you
very good fatisfadlion : That is, that the
boys that came from St. Omer's were not
inftrufted and taught by me. Now if you
pleafe, to give me leave to fhew it, I have
done. Look, the thing that I can fay, is
this, Mr. Littcott.

Juft. Raymond. You fee he faid it was
morally impoffible.
Prif. Pray my Lords.
Juft. Raymond. 1 will undertake you
will fay it is time loft. .

5 X . L.c.y.

44^ A C O L L

L. C. J. I would ftay fome time to ob-
ferve to the jury what I have taken notice of
with all my heart, but 1 lliould be gone.

Prif. I have done, I would not lay- any
thing to dilguit any body.

L. C. J. Gentlemen of the jury, I will
deliver my obkrvations in this caufe as- i
•would in any caufe, to the beft of my un-
deritdnding, and I will make thofe obfer-
vaticns that are as natural as I know how
to do ; and proper tor you to take notice
of. It is in vain to difpute what my Lord
ftands indided of: It is for attempting to
murder the King, and change our govern-
ment and our religion. To prove this,
there have been two witnefles only that are
material, and that is Mr. Otes in the firft
place, and Mr. Otes his evidence, the fum

of it is to be reduced

L. C. J. Mr. Attorney, do you ftand up
to fpeak any thing ?

Jli: Gen. If youpleafe, we will fum up
the evidence for the King, not to offend
your Lordlhip.

L. C. J. If you would belhort, Mr. At-
torney, we would not hinder you of any
thing.
■ Att. Gen. I will be very fhort.

If it pleafe your Lordfhip, and you,
gentlemen of tlie jury. My Lord Caftle-
maine is here charged with High Treafon.
Theproof that we have againll him is by
two witnefles, that is. Dr. Otes, and Mr.
Dangerfield. Mr. Otes he doth fwear
this, namely. That after tlie confult (for
I will bring It in fhort) that after the con--
fultthat was for killing theKing and altering
the government, my Lord Caftlemaine be-
ing acquainted with it at Mr. Fenwick's
chamber, did hope it good fuccefs, and that
he fhould come to be revenged. Mr,
IJangerfield he hath proved, that being
treated with to kill the King, and having
refufed to do it, my Lord Caftlemaine was
very angry with him for it, and faid, " Why
won't you do that for which you were

ECTION OP TRIALS.

taken out of prifon ?" Here are two wic-
neffes exprefs. What is faid againft Mr.
Otes fignifies nothing. As to Mr. Danger-
field there are fome exceptions, vv'hich we
muft confefs to be true ; but he is a wit-
nefs, and fuch matters are to be expeded to
be proved by fuch witnelTes : For if a man
will difcover robberies, he muft go to fuch
perfons as do fuch things •, and if treafons.
It muft be among them that have been em-
ployed in fuch things. Though he were
a diftioneft man before, yet he may be ho-
neft now : He was never guilty of any
treafon but as he was employed amongft
them. There are fome witneffes brought
to encounter him, and one is my Lady
Powis, who, as he fays,fent him with a let-
ter to my Lord Caftlemaine ; but fhe fays
fhe did never fend a letter by him ; and
others fay, he would never come at my
Lord Caftlemaine after he was angry, which
was in June. Now for that, gentlemen,'
you do hear Turner fay. That in July or
Auguft, for he can't tell which, he thinks it
might be July, he faw Dangerfield at my
Lord Caftlemaine's ; lb that that encoun-
ters that evidence.

L. C. y. li'Mr. Attorney had not inter-
rupted me, I would not have left out any
thing of this nature, for I would be cer-
tainly careful where the King's life lies at
ftake : I would be fure to preferve my So-
vereign above all things ; and therefore
no man ought to think that I fliould be par-
tial in a caufe wherein our religion, and the
life of the King and the government is in
danger. But I muft fay on the other fide.
That there fliould be good competent
proofs of thefe things againft thofe accufed,
becaufe their lives and fortunes, and ho-
nours, and all are at ftake. And fo, gentle-
men, we fhall difcharge our confciences to
the beft of our underftandings, and deal
uprightly on both hands.

For the cafe it ftands thus : It is truly
obferved by Mr. Attorney, that there are

but

,»-^» •<*»->*■

A COLLECTIO

but two material witnefles to the charge of
this indidment, that is to fay, Mr. Otes
and Mr. Dangerfieid. Mr. Otes his tefti-
piony is in two things, the one clofe, the
other is more remoce. That more remote
is. That he had a letter to fend to my L.
Caftiemaine, which he gave to the provin-
cial to fend it, and as he fays, he faw a let-
ter fubfcribed Caftiemaine, and that after-
wards by feeing him write a fuperfcription,
he could recolle(5t the charafter lb well,
that he believed that to be his hand which
he faw in Spain among the Jefuits or the
Fathers, as they call them there, to whom
they communicated that letter ; wherein
he mentioned the general dcfign, that is,
the bringing in Popery, which is the bring-
ing in the Catholic Religion, as they call
it. That is more remote. He fays, there
were letters pad between them, wherein
my Lprd approved of fome things and dif-
approved of others, which related to the
delign ; by which, fays Mr. Otes, v/e meant
the whole matter and tranfaftion of killing
the King ; and that doth appear by that
letter he iaw " of my Lord Caftlemainc's,
for that annexes to defjgn the advancing
the Catholic Religion. The firft time he
faw him he did not know who he was, and
there, at Wild-houle, he fays, that my L.
Calllemaine fhould drop out fome words
which were lufpicious, and one thing, as
if he underftood ibn;ething of this matter
that they had in agitation.

But mpre particularly he ftys. That
when he came to FenwJck's chamber, there
was the great matter. They taliped before
butof the defign in general, ap Wild-houfe ;
but afterwards meeting in Lincoln's-Inn
Fields, where he was told who he was, they
went to Fenwick's chamber, where they
fell a diffourfing about feveral things that
related to the concern, and at kft they fell
upon the matter in hand, and faid, they
were glad to fee the fathers fo unanimous
in this matter : I alHed about what mat-

N o P T R I A L S. 447

ter .? He faid. The killing of the King and
bringing in Popery ; to which he fays, that
my Lord fliould make anfwer. He wiflieci
tfiem good fiiccefs in their defign, and that
then he fliould be revenged. This is the
fubftance of what Mr. Otes fays ; againft
whofe teftimony, I muft tell you, tliere
hath been but little. There is but little
thrown upon Mr. Otes by v/ay of difgrace
and infamy ; for that verdidl that the jury
found againft his evidence, it is not mate-
rial, for then every man muft be accufed
when the jury does not go according to the
teftimony he gives. It is not to be denied,
but there is fomething faid agamft him in
another particular, and that is his coming
over from St. Omer's ; where he fays that
Mr, Hilfley came over with him in the
pacquet boat, but Mr. Hilfley denies it ;
Mr. Otes would have falved it, by faying
he left him at St. Omer's : 'Tis true, fays
Mr. Otes, but I overtook him afterwards j
but he fays to the point, that he cajne not
with him. Now it is not to be denied, on
the other hand, but Mr. Otes might be
here, and my Lord of Calllemaine lecms to
admit it, and it is probable enough Mr.
Otes might be here. This is ail I remem-
ber in reference to Mr. Otes. You muft
weigh well with yourfelves how probable o.r
not probable what he does fwear is. But I
muft tell the jury they are to weigh the na-
tures of people among themfelves, as they
carry probability or not, or elfe the confi-
dence of a fwearer fb.all take away any man's
life whatfoever. And to that that Mr.
Ores fays firft, I underftand not, how. he
fhould be fo tree, Mr. Otes being a ftran-
ger to him, when he knew not my Lord,
and doth not know, whether my Lord
knew him or no. But he fays, my Lord
muft needs lee the Jcluits trufted hiiii, and
that might niake him more confident :
That afterwards going to Fenwick's houfc,
he fpoke broader, in plain Englifli. They
were talking of a defign to kill the King

aad.

Religion

44S A C O L L E C

and bring in the Catliolic
Mr. Otes fays, he wifVied them
-ci-fs in the defign, and that then he
be revenged. How far this oath

TION OF TRIALS,

good

and

fuc-

(hould

is to be

taken < r not, I nuift leave to your confi-
■dcration.

1 he next isMr. Dangerfield, for nothing
intiHTious is proved again ft Mr. Otes.
Dangerfield is a man of whom there is
«nou^h. You fee what crimes there are,
•for it IS the duty of eve.' y judge, and I can't
•lee how he can difi harge his confcience, and
the duty he owes to the government, in
refpedt of his oath and place, if he doth
not make thofe jull obfervations to the
jury which are done in all cafes : That is
to fay, when men have contraded great
■crimes upon themfelves, though by law they
may be witncires -, yet it hath always been
obierved, and their credit left to them tocon-
fider of. You fee how many crimes they
have produced, a matter of fix great enor-
mous crimes ; and by them you will fee
how far you ought to confider his tefti-
mony. Had Mr. Dangerfidd been guilty
only of being concerned in the treafon, and
come in as a witnefs, I fhould have thougiit
him a very competent witnefs, for that is
Mr. Otcs's cafe ; but they prove crimes of
another fort and nature, and whether the
man of a fudden be become a faint, by be-
ing become a witnefs, 1 leave that to you
to confider, and how far you are fatisfied
■in the main.

The next thing is the oppofition to his
teftimony. He hath fv/orn that he carried
a letter from my Lady Powis to my Lord
Caftlemaine, and an anfwer returned back
from my Lord to her, and that my Lady
Powis did read it in the prefence of Mis.
Cellier and him. Cf thi.s my Lady Povvit^,
hath been asked (it is true they are not upon
their oaths, but that is not their fault, the
law will i.ot allow it) and my Lady Powis
hath uhiimed to it, as much as lay upon
htr to do, that fhe never fent a letter by

Mr. Dangerfield to my Lord Caftlemaine,
nor any body elfe. And whereas he fays
Mrs. Cellier was prefent, fhe fays, fhe knows
of no fuch letter, nor was any read in her
company. And this is a contradiding his
evidence, fuppofing him to be a man other-
wife untouched. And whereas Danger-
field fays, that in Auguft he was with my
Lord, and he faid. How chance you would
not do that thing for which you were
brought out of prifon ? " What, would
you have me kill the King ?" Yes, faith
he, that it is. And my Lord fpeaking
very angrily aud very roughly, made him
think it time to withdraw out of his com-
pany, and never come into his company-
more •, and that this was the time of his
anger, and no other time, my Lord rather
complementing him, as he would fay, with
friendly falutations. But they produce
witnefs againft all this. Says Mrs. Cellier,
This day twelvemonth ; and fays t'other,
about a week after the Jefuits were exe-
cuted, which was about the beginning of
July, faith fiie, I would have you carry a
letter to my Lord Caftlemaine ; faith he,
I would not do that, I would go 100 miles
upon another errand, but I would not go
to him. Another witnefs fays, my Lord
was mighty angry with him, and told him
the caufe, becaufe he went in his name to
the Lords in the tower. Firft, this con-
tradidls what he faid, as if there had been
no anger before. The next is, that it is
very improbable that my Lord fliould be
angry with him fo much, that my Lord
ftiould be very angry with him for going in
his name to the tower, and afterwardt for
his refufing to kill the King ; -when he
faid, " Why did you not do that you
came out of prifon for ? What, my Lord,
to kill the King ? Yes, that." This is an
argument in oppofition to his teftimony.

The next is a confideration for his tefti-
mony. Turner fays in anfwer to that, in
July he takes it, but can't charge himfelf

whether

A COLLECTI

whether June, or July or Augtifi:, but he
himielf thinks July, that he fa.v him at the
I... Cuftlemaine's houie. And the King's
coLinrel would gather from that, there could
not be fuch an unwillingnefs to go before
that time, it being after the time they fpeak
of that this man faw him there. Whether
or no it was in June, or July, or Augufl:,
is fomething uncertain. So that I have re-
peated, as near as I can, all that is fubftan-
tial on either part ; and I have, according
to the bed of my underftanding, dealt fairly
on both fides, and obferved to you, what
hath been fworn againft my Lord, and what
hath been faid in contradi61:ion to what they
fwear, and what appears upon record, as to
Dangerfield.

There is a great deal of difference be-
tween Mr. Otes's teftimony and Mr. Dan-
gerfield's ; tor you may believe one, when
you may perchance not believe another.
There are not thole things call upon Mr,
Otes that are upon Mr. Dangerfield, Now
I muft tell, you, though they have produced
two, if you believe but one, I think, (if fo
be my brethrens opinions be otherwife, I
would be very willingly contradifted in this
matter) if two witnelTes are produceti, both
fpeaking materially to the thing, the one is
believed and the other not ; whether upon
thefe two witnefles the jury can find a per-
fon guilty, or no .'' I am of opinion^ it is
but one witnefs, if you don't believe one ;
and I am fure one is not fufiicient to find

F TRIALS,

ON OF iKlALvt), 449

one guilty : And therefore if fo be you are
of another opinion, let us deal fairly and
above-board, that it may appear we deal
rightly betv/een the King and his fubjeds,
and fo preferve men that are accufcd and
not guilty.

}utt. Jones. 1 think in the firfl place,
my Lord hath very faithfully delivered the
evidence , and I do think it neceflary, ia
a cafe of treafon, that there muft be two
witnelFes believed by the jury.

Juft. Raymond, I never heard any man
queftion it. If the law fays, there muft be
two witnefi^es produced, it fays, they muft.
be both believed.

L. C. J. Now you have our fenfe of it,.
[The jury went from the bar, and re-
turned.]

ChofCr. Are you all agreed of your
verdi(5l ?

Jury. Yes.

CI. of Cr. Who {hall fpeak for you ?

Jury. The foreman.

CI. of Cr. Roger Palmer, Efq^ Earl of
Caftlemaine in the kingdom of Ireland,
Hold up thy hand, look upon the jury.

CI. of Cr. Is Roger Palmer, Efq; Earl
of Caftlemaine in the kingdom of Ireland,
Guilty of the High Treafon whereof he
ftands indicted, or not Guilty ?

Jury. Not Guilty.

CI. of Cr. This is your verdid, you fay-
he is not guilty, fo you fay all ?

Jury. Yes.

Vol. I. No. 19,

The

4SO

A COLLECTION of TRIALS.

The Proceedings at the Sefllons-houfe In the Old-balley, on Thurfday the 24th of
November, 1681, before his Majefty's Commiffioners of Oyer and Terminer,
upon the bill of indictment for High-Treafon againft ANTHONY EARL of
SHAFTS BURY.

The Grand-jury,

Sir S. Barnadifton
John Morden
Tliomas Papillon
Jolin Dubois
Charles Hearle
Edward Rudge
Humphery Edwin
John Morrice
Edmund Harrifon
Jofcph Wright
John Cox

Thomas Parker
Leonard Robinfon
Thomas Shepherd
John Flavell
Michael Godfrey
Jofeph Richardfon
William Empfon
Andrew Kendrick
John Lane
John Hall.

The Oath.

YOU fhall diligently enquire, and true
prefentment make, of all fuch matters,
articles, and things, as Iliall be given you
in charge, as of all other matters and things
as fhall come to your own knowledge,
touching this prefent fervicej the King's
counfcl, your fellows, and your own you
fhall keep fecret -, you fhall prefent no per-
fon for hatred or malice, neither fhall you
leave any one unprefented for fear, favour,
or afTcftion, for lucre or gain, or any hopes
the eof, but in all things you fliall prefent
the truth, the whole truth, and nothing but
the truth, to the bell of your knowledge.
So help you God.

L.C.J. /^Entlemcn of the jury,

Pemberton. ^^ we are all met here in

one of the moft folemn afiemblies of this

nation j it is upon the execution of juftice

upon fuch as fhall be found offenders, and
guilty of the breach of the King's laws.

This commiffion by which we fit, and
you are fummoned, doth in its nature ex-
tend to all offences whatfoever ao-ainfl; the
laws of the land, treafons, mifprifions of
treafons, felonies, and all other crimes and
offences againft the King and his govern-
ment, fuch as are vulgarly called Pleas of
the Crown ; they all fall under our cog-
nizance and your enquiry in a general
manner. But I muft tell you, there is a
particular occafion for this commiffion at
this time. His Majelty having informa-,
tion of fomc evil, traiterous defigns againft
his perfon and government, has thought
fit todirefl a due examination of them, and
that the perfons may be brought to condign
punifhmentwho fhall be found guilty there-
of. You muft not therefore expeft any
general and formal charge from me ; truly
I came hither this morning, with an appre-
henfion, that you had had your direilions
given you before by the Recorder, for it is
our ufual way not to come until the juries
are fworn in this place, and their diredlions
given them ; but fince I find it otherwife,
I take it to be my duty to fay fomething to
you, but fhall not goabout now to make any
fuch formal charge, as in commiffions of
this nature is wont to be done, nor to give
an account of all offences that fall under
your enquiry of a grand inquefl, impan-
nelled by virtue of fuch a commiffion at
large ; nor muft you expedt I fliould ac-

qainc

A COLLECTIO

<l'Uaint you with all the crimes that you may
enquire of as fuch an inqueft.

I iliall content myfelf ib far, as on the
fudden I can recoiled): my thoughts, to ac-
quaint you svith the nature of thole bills ;
with the enquiry whereof, you fliall at pre-
fent, upon this occafion, be troubled, and
your duty concerning that enquiry. I
hinted to you atlirft, that they are matters
of high-treafon, which is a crime of the
greateft and higheft nature of any crime
that can be committed againft man -, other
crimes, as felonies, riots, trtfpafles, and
things of that nature, they may occafion dif-
orders and troubles in a ftate or a king-
dom. But, I mud tell you, treafon ftrikes
at the root and life of all; it tends to de-
ftroy the very government, both King and
fubjedls, and the lives, intereft and liberties
of all, and therefore has always been looked
upon as a crime of the moil notorious na-
ture that can be whatfoever, and accord-
ingly punifhments have been appointed for
it of the higheft and feverell extremity.
There was at common Jaw great variety of
opinions concerning treafon, and there were
many difputes about it what fhould be trea-
fon, and what not ; and therefore it was
thought fit, by the wifdom of our ancef-
tors, to have a law to declare treafon -, and
by tiie flat, of the 25th of Edward the Hid,
there was a plain declaration made of what
was treafon, and what not : By that law,
*' for any one to compals, imagine, or in-
tend the death of the King," (for I will
give you no more of that ftatute, nor con-
cerning the fenfe thereof, than may be for
your purpofe now); I fay, by that law,
" to compafs, imagine, or intend the death
of the King, and to declare it by overt-aft,
or to levy war againft the King" were de-
clared (amongLl other things in that ftatute
mentioned) to be high-treafon : and this
hath obtained for law among us ever lince ;
and by that ftanding law, nothing is to he
accounted treafon, but what is therei.i par-

N OF TRIALS. 451

ticularly declared fo, but upon many emer-
gent occafions there hath been feveralothe,-
lav.'s, as the cafe hath required now and
then, for to declare and bring other parti-
cular crimes within the compafs of treafons :
So there was a law made in Queen's Eli-
zabeth's reign, for enafting fcveral crimes
to be treafons, during her life, which was
made upon the occafion of the inveterate
malice of the Roman Catholics againft her
and her government ; and fo there hath
been in other Kings reigns upon other oc-
cafions,

Amongft the reft, it was thought fit by
the Parliament aflembled here, in the thir-
teenth year of this prefent King, to make a
particular law for the enafting and declaring
feveral crimes to be treafons, during this
King's life ; they had great grounds, and
too much occafion for it, and fo they
exprefs it in the preamble of that law.
The wounds which the then late treafons
had made, that had fo far obtained in this
kingdom, were then ftill bleeding, ripe,
and fcarcely clofed ; many traiterous po-
fitions, and many feditious principles were
fpread, and had obtained and gained foot-
ing among the people of this kingdom j
and the Parliament had reafon to believe,,
that where they had been fo malicioufly
bent againft the King and his family, and
had taken off" his father, and maintained
fo long and dangerous a war againft him,
almoft to the utter deftruftion and extir-
pation of him, and all his good fubje6ls,
and of his, and all our interefts, properties,
and liberties, and had almoft dcftroyed a
flourifliing kingdom : here they h.id reafon,
I fay, to be careful, to prevent the like
niifchiefs for the future ; therefore. Gentle-
men, they did think fit to make a new
law for this purpofe : and whereas the law
before was, that it fhould be treafon to
compafs, imagine, or intend the death oi
the King, fo as it were declared by overt-
ad i now they thought it would be danger-
ous

4:2 A C O L L E C T I

oir. to ft^iy r'.U an overt-ncl fhonld dccl.irc
the intiiicion •, tor when, chcy had ken fiich
ni'litioiis and evil defigus agairnl the King
znA iupi-eiiieaiithoiity i and that they Iiad
p.-ev.iiled To far, as Do- murder one King,
and baniili anorher ; and had gone a great
wav in ine dertrucl^on ot the government,
Ot this kingdom, abiokitely to root it quite
out : the/ had realon then, as much as
t!ir}' could, to prevent the defigns before
th;-y fiiould grow full ripe, and vent them-
felves in overt-acts •, therefore it was enadf-
td by that ftatute, made in the 13th year
of this King's reign, " That if any one
lliould compafs, imagine, or intend the
death of the King, or his deltrudion, or
any bodily harm, that might tend to his
death or deftruftion, or any maiming or
wounding his perfon, any rellraint of his
liljcrty, or any imprilonment of him; or if
any fhould ciefign or intend to levy any
war againft him, either within the king-
dom, or without ; or fhould defign, intend,
endeavour, or procure any foreign Prince
to invade thefe his dominions, or any other
of the King's dominions, and {hould fig-
nify or declare this by any writing, or by
any preaching or printing, or by any ad-
viled, malicious fpeaking, or words, this
Ihall be High-Treafon."

Now this hath altered the former law
greatly, efpecially in two cafes: Firft, as
to levying war ; the intention was not trea-
fon before, unlefs it had taken effedf, and
war had been aflually levyed : and then as
to the defigning and compaffing the King's
death, that was not treafon, unlefs it was
declared by an overt-aft : and as to the im-
prifoning, or reftraining of the liberty of
the King, they of themfelves alone were
not High-Treafon •, but now by this law
thefe are made treafon, by this law, during
liis Majefty's life : and the very defigning
of them, whether they take effeft, or not
take effect, though it be prevented, (be-
fore any overt-aft,) by the timely prudence

O N OF T Pv I A L S.

' of the King and .his officers, though it
HiouKl be timely prc-vcnt^.-d, that there is na
hurt done; yet the very dtfign, if it be but
uttered and fpoken, and any ways fignifieii
by anydifcouife; this (Gendemen) is made
treafon, by this act; and this hath wrought
very great alteration in the cafe of trealon
now ; formerly it v/as f.iid, and faid truly
enough, that words alone would not make
tieafon ; but fince this a6t, Gent'emen,
words,, if they import any malicious defign
againlt the King's life and government;
any traiterous intention in the party ; luch
words are treafon now within this aft : and
this act was made with great prudence,
and with great care to take off that undue
liberty that men had taken to themfelves;
in thofe times of licentioufnefs, people had
taken to themfelves an undecent, and undue
liberty to vent ail their feditious and mali-
cious minds one to another, without any
reftraint at all : therefore now, Gentlemen,
you muft confidcr, that words, if they fig—
n.fy or purport any traiterous intention or
defign in the party, either againft the King
or his government ; either to reflrain his
liberty, or imprifon him, or to do him any
bodily hurt, or any crime of that nature •,
this is treafon within this aft of Parliament.
Look ye, Gentlemen, now as to the in-
diftments that fhall be brought before you,
you are to confider thefe things : j. Whe-
the matter contained in them, and which
you fliall have in evidence, the matter of
treafon within the former, or this aft of
Parliament ? And here, if you doubt of it,
then you muft advife with us that are com--
mifTionatcd by his Majefty to hear and de-
termine thefe crimes ; and in matters of
law we fliall direft you : and you are to en-
quire if there be two witnefies that fhall
teftify the matters in evidence to you, for
without two witiiefTes no man is to be
impeached within thefe laws ; but if there
be two witnefTes that fhall teftify to you
matters to make good the indiftments, then

you

A COLLECTION

O F

TRIALS.

453

you have ground to find the indiftments.
But I mutt tell you as to this cafc ot'
two witneffes, it is not neceflary that tht-y
fhould be two v/itnefTes to the fame words,
or to words fpoken at one time, or
in the fame place ; that is not necciTary :
if one be a witnefs to words that import
any traiterous defign and intention, fpoken
at one time, and in one place -, and
another teftiiy other fcditious and traiterous
words, fpoken at another time, and in
another place ; thefe two are two good wit-
neffes within this flatutr, and fo it hath
been folemnly refolved by all the Judges ol-
England upon a fjlemn ccc fion.

Look ye, Gentlemen, I mult tell you,
That that which is referr'd to you, is to
corifider, whether upon what evidence you
fhall have given unto you, there be any
reafon or ground for the King to call theie
perfons to an account •, if there be probable
ground, it is as much as you are to enquire
into : you are not to judge the perlons,
but i'T the honour of the King, and tlie
decency of the matter ; it is not thought fit
by the law, that perfons fhould be accufed
and indidlcd, where there is no colour nor
ground for it ; where there is no kind of
iufpicion of a crime, nor reafon to believe,
th;'.t the thing can be proved, it is not for
the King's honour to call men to an account
in fuch cafes : therefore you are to enquire,
whether that that you hear be any caufe or
reafon for the King to put the party to
anfwer it. You do not condemn, nor is
there fuch a ftrift enquiry to be made by
you, as by others, that arc fworn to try a
fad, or illue : a provable caufe, or fome
ground, that the King hath to call thefe
perfons to anfwer for it, is enough, Gen-
tlemc^n, for you to find a bill, 'tis as much
as is by law required. Gentlemen, you
mull confidcr this, That as it is a crime for
to condemn innocent perfons, fo it is a
crime as great to acquit the guilty, and
that God that requires one of them requires
Vol. 1. No. 20.

both •, fo that you miift be as ftrid in the
one, as you would be in the other. And
let me tell you, if any ot you (hall be re-
fraflory, and will not find any. bill, where
tiiere is a probable ground for an acculation,
you do iherem undertake to i.iterccpc
jultice, and you thereby make ycurlelvcs
criminals, and guilty, and the fault will lie
at your door. Y. u mult confider, Gentle-

men,

you

are und r a double obligation

here to do right ; you are under the obli-
f};ation of Englillimen, as we arc all mem-
bers of one-great body, of which the Kif-g
is head ; and you are engaged, as Englilh-
men, to confider. That crimes of this na-
ture ought not to go unpunifhed : then you
have an oath of God upon you, you are
here fworn to do according to v/hat the
evidence is. Now therefore, if you have
two witneffes of words that may import a
treafonable defign or intention in any of
thofe parties, againft whom you fiiall have
indiftmenrs offered to you, you are bound
boih by the lav/ of nature, as you are mem-
bers of this body •, and by the law of God,
as you have taken an oath upon you, for
to find thofe bills.

Gentlemen, Compafilon or pity is not
your province, nor ours in this cafe ; tiiere
is no room for that in enquiries of this na-
ture, that is referved to an higher and fu-
perior power, from which ours is derived :
Therefore, Gentlemen, I mull require you
to confider fuch evidence as fliall be given
yju, and to be impartial according to
what you fhall hear from the witneffes, if
you ha/e ground, upon what evidence you
fhall have given to you, to believe, that
there is any reafon or caufe for the King to
call the perfons named in fuch indictments,
as fhall be tendered to you, to anfwer for
what is objefted againil them therein^ you
are to find thofe bills-, that is all that I
fnall fay to you, only pray God to direft
you in your enquiry, that juflice may take
place.

5 Z Then

454 ACOLLECTI

Then a bill of High-Treafon was offered
againft the Earl of Shaftfbary -, ami Sir
t°rancisWithins moved. That the evidence
might be heard in court.

L. C. J. Gentlemen of the Jury, you
hear it is defired by the King's Council,
(and that we cannot deny) that the evidence
may be pubiickly given, that it may not be
hereafter in the mouths of any ill-minded
perfons abroad, to fcatter any tpiftakes or
untruths up and down ;' or to fiander the
King's evidence, or to fay any thing con-
cerning them that is not true: therefore
we cannot deny this motion of the King's
Council, but defire that you will take your
places, and hear the evidence that fliall be
given you. .

The Jury then defired a copy of their
oath, which the court granted, and then
they withdrew. After fome little time they
returned, and then the Clerk called them
by their names.

Foreman. My Lord Chief Juftice, it is
the opinion of the Jury, that they ought to
examine the witncfies in private, and it
hath been the conllant pradtice of our an-
ceftors and predeceifors to do ir, and they
infifl: upon it as our right to examine in
private, becaufe they are bound to !<.eep
the King's fecrets, which they cannot do,
if it be done in court.

/.. C. J. Look ye. Gentlemen of the
Jury, it may very probably be, that fome
late ufage has brought you into this error,
that it is your right •, but it is not your
right in truth : For I will tell you, I take
th° reafon of that ufe for Grand Juries to
examine the witnefles privately and out of
court, to comply with the convenienies of
the court, lor generally upon fuch com.
miffions as thefe are, the buhnefs Is much •,
and at gaol deliveries there are a great
many pc-rlbns to be indided and tried, and
much other work befides, of other natures,
to be done : and if at fuch times we fhould
examine all bufinelTes publicly in the court,

ON OF TRIALS.

I it would make the bufinefs of thefe cni,: .
midions of a wonderful great Irngrii a;'.'
cuir.brance. Therefore the Juc'gf% it.""
the conveniency of the matter, have al-
lowed, that vvitneJics (liould go to the Jurv,
and they to examine them ; not chat tlieie
is any matter of right in it, for with"Ut '
qucilion originally all evidences v.'ere gi.-^ii. ■
in court; the Jury are officers and minilcers
of the court by which they enquire, ari
evidence fure was all given in cou: i .r-
merly ; and the witnefils lull are alvvavs
fworn in c lurt, and never ocherwife. And,
Gentlemen, I mulf tell you, 'tis for your
advantage, as well as for tliC King's, that
it may be fure, that you comply with your
evidence, that you do nothing cjandeftine-
ly •, therefore 'tis for your advantage that
this is done, and the King likewife defires
it. Now I muft tell you, that if the King
■"^qinre it of us, and it is a thing that is in
il^s nature indifferent, we ought to comply
with the King's defire, to have it examined
'" court; you (hall have all the liberty
Miat you can have in private; what queftion
foever you will have alked, yourfeives Jliall
a(k it, if you pleafe, and we will not
cramp you in tim.e, nor any thing of that
nature. Therefore, Gentlemen, there can
be no kind of reafon why this evidence
fliould not be given in court. What you
fay concerning your keeping your couniels,
that is quite of another nature, tl^tt is,
your debates, and thofe things, there you
fhall be in private for to confider of what
you hear publicly. But certainly it is the
befc way, both for the King, and for you,
tliat there fhould in a cafe of this nature,
be an open and plain examination of the
witneffes, that all the world may fee what
they fay.

Foreman. My Lord, if your Lordfliip
pleafes, T muft beg your Lordfhip's par-
don ; if I miitakc in any thing, it is con-
trary to the fenfe cf what the Jury appre-
hend. Firft, They apprehend that the

very

A COLLECTIO

very words of the oath doth bind them,
it fays, "That they fliall keep the coun-
cil's, and their oah fecrets :" now, my
Lord, there can be no iecret in public •,
the very intimation of that doth imply,
that the examination fhould be fecret -, be-
fides, my Lord, I beg your Lordfliip's
})ardon if we niiftake, we do not under-
Itand any thing of law.

Mr. Papil.'on. Your Lordfhip is pleafed
to fay, t'p.at it hath I'^een the common ufage
and practice ; fometimes, my Lord, we
have heard, that that hath been the law of
England, that hath been the cultom of
England : If it be the ancient ufage and
cullom of England, that hath never been
altered from time to time, and hath con-
tinued fo, we defire your Lordfhip's opi-
nion upon that, as we would not do any
thing that may be prejudicial to the
King, fo we v/ould not do the lead that
that fh-ould be prejudicial to the liber-
ties* of the people-, if it be the ancient
cuftom of the Kingdom to examine in
private, then there is fomething, may
be very prejudicial to the King in
this public examination ; for fometimes
in examining' witnefles in private, there
come to be difcovercd fome perfons guilty
of treafon, and mifprifion of treafon, that
were not known, nor thought on before.
Then the Jury fendr; down to the court,
and gives them intimation, and thefe men
are prefently fecured ; v^hereas, my Lord,
in cafe they be examined in open court
publicly, then preiently there is intimation
given, and thefe men are gone away.
Another thing that m.ay be prejudic'al to
the King, is, that all the evidences here
will be fore- known before they come to
the main trial upon ififue by the Petty-
Jury ; then if there be not a very great
deal of care, thefe witnefles may be con-
fronted by raifing up witnefles to preju-
dice them, as in fome cafes it has besn :

N OF TRIALS. 455

I then befides, the Jury do apprehend that

I in private, they are more free to examine

: things in particular for the fatisfying their

own confciences, and th^t without favour

or affeclion ; and we hope v/e Ihall do our

duty.

L. C. J. Look ye, Mr. Papillon, it is
reafonable that we fliould give you our ad-
vice in this cafe : I muft tell you, if you
had c&nfideredof what I had faid before, I
thought I had obviated, thefe objections :
Firft, as to that you do fay that you are
bound to conceal your counfels, and the
King's fecrets, that is very true ; as to
your counfcb, that i% your debates, you
are bound to conceal theni : as to the King's
fecrets, fo long as he will have them kept
fecret, you are bound to keep them fo too,
but it doth not deprive the King of the be-
nefit of ha\ing it public, if he have a deiire
for it i you don't break your oath, if tiie
King wlil make it public ; you don't make
it public, 'tis the King does it. Then as
to that that you do fay, that you apprehend
the common ufige of the kingdom to be a
law ; that is true, Mr. PapUlon, in fome
fenfe ; a conftant and uninterrupted ufage
goes for a law among us ; but I thought I
had told you before, that both of ancient
and later times there have been exami-
nations of the witnefles in court in cafes of
this nature; and we are not without prece-
dents of it every year, every term, conti-
tinually from time to time, evidence is
heard in court by the grand jury ; it is as
ufual a thing with us, as any thing, if it
be defired, nothing more frequent, or more
common : I never heard it denied, or flood
upon by any grand jury, in my life, till of
late here ; you may be inflruded with a
thoufand prefidents, for I am fure it is a
common and ordinnry cafe upon fuch occa-
fions, if defired to hear the evidence in
court.

Look ye, Gentlemen, as to that care
that you have of the King's affairs, the

Kinor

45''

A COLLECTIO

King has reafon to take it' well that you are
lb caret'vil for them ; and that you are fo
mindful of his concerns, he hath a great
ueal of reafon to think well of you for it :
and. Gentlemen, confiJer this, that his
JVLijefty's Council have certainly confidered I
of this evidence, before they brought this I
to a public enquiry; or elfe it would be a |
hard thing if they fliould come raw, and |
not know what the witnefies can fay; for
though you are the jury to hear tiie wit-
neiles, yet you mull confider, that the
King's Council have cxamintd whether he
hutli caufe to accufe thcie perfons, or not ;
and, Gentlemen, they underftand very
well, that it will be no prejudice to the
King to have the evidence heard openly in
court ; or clfe the King would ne'er dcfire
it.

foreman. My Lord, the G -ntlemen of
the jury defire that it may be recorded,
that we infilled upon it as our rigKt ;
but if the court o'er rule, we mud fubmit
to it.

L. C.J. Here are enough perfons to
take notice of it ; to make records of luch
things, is not ulual ; it is not our bufinefs
here to record e^ery thing, that every man
will defire to be recor ed : we can record
nothing but v.-hat is in order to the pro-
ceedings, but notice enough is taken of it;
you need net fear but that there will be
witneflcs enough.

L. C.J. North. Gentlemen, I mufl fay
fomething tj fortify what my Lord Chief
Juftice has faid : if any of us had been of
a different opinion, we would have fpoken
it -, the fame thing was flood upon, ami
difcouifcd on the laft lefTions, and then all
the Judges were of this opinion, and in
what all t'e Judges agree to, you fhould
acquicfce. I mufl tell vou from my own
experience; where tuc Kirg vvill, he ought
to havt it kept fecret : I have not kno An
it done publicly in chi orderly rourfeuf bu-
finefs ; but I have often kfiown where it

N OF TRIALS,
hath been defired by thofe which profecute
for the King, that evidence hath been given
openly; and I never knew it denied; if
any of my brothers think othtrwife, I
defire they would fpeak ; but, 1 tell you,
as to my experience, this is the cafe.

Mr. Sheriff P. I defire the witneffes may
be kept out of the court, and called one
by one.

L. C. J. It is a thing certainly, that tlie
King's Council will not be afraid of doing;
but Sheriffs do not ufe to move any thing
of this nature in court, and therefore 'tis
not your duty, Mr. Sheriff", to meddle
with it.

Sheriff P. It was my duty lafl time, my
Lord, and appointed.

Att. Ccn. [Sir Rob. Sawyer.] You were
acquainted 'twas not your duty lafl time,
and you appear againft the King.

Then the Indidtment was read. ^

London (T. THF. jurors for our Sovereign
Lord the King, upon their
oaths prefent, that Anthony Karl of Shaftf-
bury, late of the pariffi of St. Martin's in
the Fields 'i the county of Middlefex, as
a falfe traitor againil: the mod illuitrious,
and moft excellent Prince, our Sovereigti'
Lord Charles 11. by the grace of God,
England, Scotland, France, and Ireland,
King, his natural Lord, the fear of God
in his heart not having, nor weighing the
duty of his allegiance ; but being moved
and feduced by the inlligation of the Devil,
the cordial love, and true, due, and na-
tural obedience, which true and faithful
fubjefts of our faid Sov<-reign Lord t -e
King, towards him our fud Sovereign
Lord the King, fliould, and of right ought
to bear, vvlioUy withdrav.'ing, and with all
his ftrength, intending the peace and com-
mon tranquility in this kingdom of Eng-
land, to difturb, and war and rebellion
againft our faid Sovereign Lord the King,

A C O L L E C

to ilir up and move, and the government
of ourfaid Sovereign Lord the King, with-
jn this kingdom of England, to fubvert,
and him oor faid Sovereign Lord the King,
from the title honour and K-iai name of the
imperial crown of his kingdom of England
to depofe and deprive, and him our faid
Sovereign Lord the Kins; to death and fin.il
deftrutflion to bring and put, the i8th day
of March, in the three and thirtieth year of
the reign of our.Sovcreign Lord, Charles
the Second, now King of England, and
divers other days and times, as well before
as afterward, in the parifli of St. Mary Le
Bow, in the ward of Cheap, London, trai-
tcroufly compafled, imagined and intended
the death and final dellru:lion of our laid
Sovereign Lord the King, and the ancient
government of his kingdom or England,
to change, alter, and wholly to fubvert,
and him our faid Sovereign Lord the King,
from the title^ honour, and kingly name
of his imperial crown of this kingdom of
England, to depofe and deprive, and war
and rebellion asainft our fid Sovereign
Lord the King, to move and levy within
this kingdom of England -, and his faid
mod wicked treafons, and traiterous com-
pafles, imaginations and purpofes aforef.iid,
to fulfil and perfcdf, he the faid Anthony
Earl of Shaftfbury, as a falfe traytor, with
divers armed men, fubjefts of our faid So-
vereign Lord the King, then bring, mali-
cloudy, traiteroufly and advifedly did pro-
vide and prepare to be aiding to him the

T I O N F T R 1 A L S. 457

and there to the faid John Booth, and other
perfons, to the jury unknown, in the hear-
ing of divers liege fubjefts of our Sovereign
Lord the King, then and there prefent,
openly, publicly, malicioufly, traiteroufly
and advifedly did fay and declare, and to
perfuade and induce the faid John Booth to
be aiding and afiifting in his faid treafons,
compafies, imaginations and purpofes, he
the faid Anthony Earl of Shafrfbury, as a
falfe traytor, malicioufly, advifedly, and
traiteroufly, tlie faid iSchday of March,
in the three and thirtieth year of the reign
of our faid Sovereign Lord the King, at
the parifli and ward aforefaid, within the
city of London aforefaid, falfly, adviiedly,
fubtilly, malicioufly and tr.dteroufly faid,
afTerted and declared, that in a fliort tims
the Parliament was to fit at Oxford, and
that he the faid Anthony Earl of Shaftf-
bury had infpefled the elections, and coa-
fidered the inclinations and difpofitions of
the generality of the members of Parliament;
elefted ; and that he the faid Anthony
IJarl of Shaftfbury was fatisfied that the
Parliament would infifl; upon three matters,
(to wit) " The Bill of Exclufion againft
the Duke of York : The Abolifliing the
A(5l of Parliament of the 33th of CHieen
Elizabeth, and the pafllng of a New Bill
for uniting ProteR'ant Diffenters ;" with
divers other good and wholefome bills.
To which he the faid Antiiony Earl of
Shaftsbury was certain that the King's Ma-
jcfty would refufe to give his royal affent ;

faid Earl of Shaftfbury, to fulfil and perfect j and therefore he the laid Anthony Earl of

his treafons aforefaid. And his faid wicked
treafons, traiterous compalfes, imaginations
and .purpofes, the Iboner to fulfil and per-
fedt, he the laid Anthony Earl of Shaftf-
bury as a falfe traytor, with one John
Booth, and other fubjcfts of our faid Lord
the King, then and there traiteroufly ai-
fembled, met and confulted ; and the fame
wicked treafons, and traiterous compalTes,

imaginations and purpofes aforefaid, then j noble Lords

Shaftsbury did exped that there would be
a divifion between the King's Majefty and
the Parliament ; and that many noble
Lords and worthy members of the Lower
Houle did concur in the fame opinion, and
they were refolved to infill on the p.ifling
of thofe bills : And if the King's Majefty
refufed, that they (m':-aning him the faid
Anthony Earl of Shaftsbury, and the fiiid

Vol. I. No. 20

6 A

ind worthy members) had
provided

A COLLECTION of TRIALS.

458

provided rtrength to compel the King's
Majefly to grant thereunto; and that for
his part, he tlie i'aid Anthony Earl of
Shaftsbury had provided ftout men to be
commanded by Captain Wilkinfon, (mean-
ing one Henry Wilkinfon,^ one of tlie fub-
ieCls of our faid now Sovereign Lord the
King) ; of which he the faid Anthony Earl
of Shaftsbury had agreed that the laid John
Booth fhou'd .be one.

" And furtlier, the jurors a'forefaid upon
their oath do fay, that theaforel'aid Anthony
liarl of Shaftsbury, his faid wicked trea-
fons, and traiterous imaginations, to fulfil,
perfcft, and bring to eflefb afterv/ards ; to
v;it, the fiid eiahteenth dav of March, in
the thirty- third year of his faid now Ma-
jefty's reign, in the parifn and ward afore-
faid, within the city of London aforefaid,
as a falfe traitor in the prefence and hearing
ofdivers liege people of our Sovereign Lord
the King, then and there prefent, openly
and publicly, falfely, malicioufly, advifedly
and traiteroufly faid, aflerted, publilhed,
and with a loud voice declared, that our
faid now Lord the King was a man of no
faith, and' that there was no truft in him ;
and that our faid Lord the King defervcd
to be depofed, as well as Richard the Se-
cond, late King of England, drferved.

" And further, thejurors aforefaid upon
their oath do lay, that the faid Anthony Earl
of Shaftsbury, his faid wicked treafons, and
traiterous imaginations aforefaid, to be ful-
filled and perfefted, and brought to effedl:
the faid 18th day of March, in the three
and thirtieth year of his faid now Majefty's
reign, in the parifh and ward aforefaid, in
the city of London aforefaid, as a falfe
traitor, in the prefence and hearing of di-
vers liege fubjedls of our faid Lord the
King then and there prefent, openly and
publicly, falfely, malicioufly, advifedly,
and traiteroufly faid, afferted, publifhed,
and with a loud voice declared, that he
the. faid Anihony Earl of Shaftsbury would

never defift, until he had brought this
kingdom of England into a Common -wealth
without a King, and that ihe laid Anthony
Elrl of Shaftsbury, and' all thofe that him
the faid Anthony Earl of Shaftsbury v/oula
affift, (and he knew many that would
alTift himthe faid Anthony Earl of Shafts'r
bury) would make England a Com.mon-
wealth as Holland wais': A,hd that he the
faid Anthphy Earl of Shaftsbury, and other
traitors unknovvh, would live as in Hol-
^land, and that he our faid Lord the King,
and all his family, fhculd be rooted out.

" And further, the jurors aforefaid do
fiy, that the laid Anthony Earl of Shafts-
bury, his faid wicked tresifons, and trai-
terous imaginations aforefaid, to' be ful-
filled, perfefted, and brought to effeft
afterwards, the faid 1 8th day of March, in
the three and thirtieth year of his faid now
Majelly's reign, in the parifii and ward
aforefaid, in the city of London aforefaid,
as a falfe traitor, in the prefence and hear-
ing of divers liege fubjefts of our faid fo-
vereign Lord the King then and there pre-
fen:, openly, publicly, falfely, malicioufly,
advifedly, and traiteroufly faid, aiferted,
publiflied, and with a loud voice declared,
that our now fovereign Lord the King was
a man of an unfaithful heart, and not worthy
to be trufted, and not fit to rule and o-q.
vern, being falfe, unjuft, and cruel to his
people ; and if he would not be governed
by his people, that they (meaning him the
faid A.nthony Earl of Shaftsbury, and other
traitors to the jurors unknown) our laid
fovereign Lord the King would depofe,
againft his allegiance and duty, and againit
the peace of our faid fovereign Lord the
King, his crown and dignity, &c. and
againll the form of the flatute in fuch cale
made and provided, &c."

Sir Fr. Withens. Gentlemen of the I'ury,
This is an indictment againit the Earl of
Shaftsbury ; 1 fhall not trouble you to
open the indidmtnt, becaufe the evidence

will

A COL LECTIO

ill be fomewhat long, I fnall only tell yon
hich way we Ihall go

L. C. J. North. I do not know whether
you dcfire the witneifcs fliould be examined
apart, do you defire that, gentleriien ? ' ■

L. C. J. If you defire it gentlemeji, tHey
fhall, for Mr. Sheriff hath nothing to do
with it ; but if you do defire it, you fliall
have the witneffes called one at a time, and
All the reft ifhall be put out of the court.

Jury. My Lord, it is our defire.

L. C. J. V/e did deny it to Mr. Sheriff,
becaufe we are to keep men within their
duty. Here it is not his duty to meddle
with any thingof this nature.

Foreman. My Lord, we defire we may
have a lift of their names, and that they
may be put apart, tliat they may not hear
what one another fay.

Sir Fr. IVithsns. My Lord, there is one
pare I would open.

L. C. y. There is no need for it at all —
You (hall have their names told you as they
are ca'led.

Hntrifon. My Lord, we pray we may
have a lift of their names.

L. C. y. If you defire it, you may have
it, but it will be no advantage, for you will
hear them named, and you may write them
, down as they come in.

Godfrey. We defire a lift, for you told
us, the King's counfel had examined them,
and knew who they were.

L. C. J. I'll tell you the court is to have
their names indorfed, for they don't bring
witncffes in hugger-mugger^ and I fuppofe
rhey are indorfed here.

L. C. y. North. It is want of experience
that makes you aflc this ; you are told, they
are indorfed here.

L. C y. Look you. Sir Samuel Barnar-
difton, you muft have the indidtment itfelf
out with you, and all their names written
upon the back of that indidment ; but
that you fnould defire to have the names of
them in a roll beforehand, I do not know.

N OF T R I A L S. 459

if there be any reafon that you can afiign
for it.

Foreman. One thing more I have to fiy,
that we may fee the warrant by which the
Earl of Shaf.:sbury was committed, for
there are fome other queftions depend up.
on it.

/-. C. y. That we cannot do, for the
lieutcnimt of the tower hath that warrant,
which he keeps for his indemnity, we
cannot demand it from him upon any terms,
any thing that you do defire of us, let us
know, what is reafonablc, and within our
power, we will grant; and for other defires
of yours, we tell the reafon why we cannot
grant them.

riipil'on. My Lord, if you pleafe, I will
only acquaint you, that the gentlemen of
the jury do feem to be of opinion, that your
Lordfiiip gives them leave to examine the
witnefics ; and the jury, becaufe they would
not put the court to too much trouble, do
defire, that the witnefles Ihould come one
after another, and make their inform.ation,
and then the jury would withdraw, to con-
fider what proper queftions to ask them,
and come down again.

L. C. y. You lliall do fo, gentlemen.
Look you, we did at the requeft of the
laft jury ufe the fame method ; after they
had heard the v/itneflTes what they gave
in evidence, they came and defired leave to
ask them fome queftions, which was
granted, and they were all called one by
one, and they did examine them ; you fhall
do fo, gentlemen.

yltt. Gen. I was informed this morning,
there were feveral queftions to be asked of
feveral witnefles to dire£l the grand jury,
how to demean themfelves.

L. C. y. Mr. Attorney, the requeft is
reafonablc enough.

Harrifon. We defire they may be exa-
mined one by one.

L. C. y. North. I fuppofe you don'c
ftand upon it for thefe witneffes, they are

clerks

460 A C O L L E C T I

clerks of tlie council, that only prove a
paper which it Icems was found in the Earl
of Shafisbury's houfe : if you will they
may go out and be called in again.

Harrijon. We humbly beg it.

Godfrey. I was foreman of the jury at
Fitz-Harris's tr.al, and it was complained
he had hard meafure from fome Irifh wit-
nefles, and that it wasfeverethatthey fhould
be examined in troops : It hath troubled
me fmce that I did not put tliem out and
examine them apart.

L. C. J. Look yCj gentlemen, you that
are witnefTcs for the King, you muft go all
out, and come in as you are called, one by
one.

Which done, William Blathwait Efq;
was produced, and a paper delivered
in.

Mr. Saunders, (to IVIr. Blathwait.) I pray
Sir, give an account how you came by that
paper.

IV. Blathwait. This paper, gentlemen,
was put into my cuftody by Mr. Gwyn,
clerk of the council, who feized it among
others in my L.ord Shaftsbury's houfe -, he
gave me the key of the room where they
were kept, and it hath been altogether in
my cudody, except for a fliort time that it
hath been delivered to Mr. Secretary Jen-
kins, by whom it was re-delivered to me.
Mr. Gwyn having feized papers at my Lord
Shaftfbury's houfe, brought them to the
council-office, and put them into one of
the rooms, and locked the door, and deli-
vered the key to me. When I was ordered
by thecommittceof examinations, I fetched
lip the trunks and pnper?, and brought
them into the council-chamber, and the
trunks were opened in the prefcnce of fome
of the Lords of the council, and in the pie-
fence of Mr. Wilfon, v>'ho was appointed
to attend there on the behalf of my Lord
Shaftfbury, and he was always prefnt
when the papers were taken out of the
trunks and bags : this was one paper, and

the gre.u

ON OF TRIALS.

was taken out upon the 6th of July irt the
prefcnce of Mr. Wilfon, who took parti-
cular notice of this paper, as may appear
by his own hand. The truni; was leaicd,,
it was a great trunk, and it was opened ia
the prefcnce of Mr. Samuel Will'on and Mr.
Starkey, who were both apjiointcd by my
Lord of Shaftsbury.

L. C. J. Was this paper found in one of
thoie trunks or boxes that was delivered to
you by Mr. Gwyn .-'

BltUhwait. This paper was taken out of
a velvet bag which Mr. Gwyn had put into
the great trunk, which trunk was fealcd and
opened in the prefcnce of Mr. Willon and.
Mr. htarkey.

Sir Fr. IViikens. Did you find that pa-
per in the trunk ?

blathwait. 1 took this and others out of
the velvet baa; which was in
trunk.

L. C. y. Call Mr. Gwyn to give an ac-
count where he found tiiele papers. Look
you, gentlemen of the jury, you hear what
his evidence is, would you afk him any
he is here ?
Then Mr. Gwyn coming in.

L. C. y. Where had you the trunk you
delivered to Mr. Blathwait .''

Gwyn. My Lord,on the fecond of July
by a warrant from the Secretary, I was
commanded to go to my Lord Shafifbury'a
houfe to fcarch his papers, 1 did there meet
v\ ith a great many papers, and 1 took a note
how I had parted them, and into what par-
cels I had put the papers ; there were fe-
veral forts of them in a great hair trunk,,
and there v/as a velvet bag in which I jjut
fome papers that were loole in my Lord's
cioiet above ftairs. My Lord Sh..ftfbury
as foon as I came gave me the ke;, s, and
told me where his clofets were, and laid he
would leal them up with his own leal : I
ftaid for it, but he fent mc word by a gentle-
man that I might put my own leal if
I plcaled : I did put my leal upon the trunk^

buj

thing while

A COLLECTIO

but afterwards being fent another way, I
delivered it to this gentleman Mr. Blath-
waic: Whctlicr any of the papers were
taken out after-vards I cannot teil.

L. C. J. Mr. Gvvyn, that your evidence
may be the better underilood, tell me, were
all the pnpers that were in that velvet bag
in my Lord Shat'tsbury's clojet ?

Gv.yn. In my Lord Shaftsbury's clofet
above-Hairs.

L. C. y. This you fwear ; when you de-
livered it to Mr. Blathwait, all tlie papers
were in that bag ; was there nothing in
that bag, but what you took in my Lord
Shaftsbury's clofet .''
^Gwyti. Nothing, my Lord.

Look you gentlemen, you do obferve
that this paper was put into the bag by Mr.
Gwyn, and Mr. Blathwait fwears he found
it in the bag, and delivered it to Mr. Se-
cretary Jenkins •, therefore if you pleafe
Mr. Secretary Jenkins, you fhall be fworn
v/hcther that paper was delivered to you by
Mr. Blathwait, becaofe we would clear it
as we go, whether that be the pnper was
delivered to Mr. Secretary Jenkins by Mr,
Blathwait : I pray, Sir, was that the paper
that Mr. Bldtlawuit did deliver into your
hands ?

Sec. Jenki>7S. My Lord, this is the pa-
per, this paper was delivered into my hands
by Mr. Blathwait in the cfamcil-chamber.
I cannot fay that this numerical paper was
taken out of the velvet bag -, but there
•were a great many papers taken out of it,
and I having tiie honour to be at the exa-
mination of the papers, this was ordered
to be put (and was put) into my hands with
nine papers more.

I.. C. J. Was it out of your hands ?

Sec. Jenkins. It was out of my hands ;
for upon Monday lall I took out the nine
papers intruRed with me, and this tenth out
of my desk, and caufed my fervant to mark
them by numbers. Then I fealed up thefc
papers andfent them to Mr. Graham. Mr.

Vol.. L No. 20.

N Of TRIALS. 46 1

Graham brought them back again to tr,e
without any alteration wharfoever •, then I
put this tenth paper into the hands of Mr.
Blathwait again. All the while it was in my
hands, it was under lock and key, and
none of my fervants faw it, but the time
it was numbered; and no manner of alte-
ration-was made in this, or any other of the
nine papers.

L. C. J. Now it appears this was the pa-
per taken in my Lord Shaftsbury's clofet.

Then this pzper was read as foUoweth:

" We the knights, &c. finding to the
grief of our hearts, the Fopifli Priefts and
Jefuits, with thePapifts and their adherents
and abettors have for feveral years paft
purfued a moft pernicious and hellifh plot,
to root out the true Proteftant religion as
a peftilent herefy, to take away the life of
our gracious King, to fubvert our laws and
liberties, and to fet up arbitrary power and
Popery.

" And it being notorious that they have
been highly encouraged by the countenance,
and proteftion given and procured for
them by J. D. of Y. and by their expcda-
tionsof his fucceeding to the crown, and
that through crafty Popifli councils his
defigns have fo far prevailed, that he hath
created many and great tiependents upon
him by his beftowing offices and prefer-
ments, both in church and ftate.

" It appearing aUb to us, that by his in-
fluence mercenary forces have been levied
and kept on foot for his fecret defigns con-
trary to our laws ; the officers "thereof
having been named and appointed by him,
to the apparent hazard of his Majeily's
perfon, our religion and government, if the
danger had not been timely foreleen by fe-
veral Parliaments, and [)art of thofe forces
with great difficulty, caufed by them to be
disbanded at the kingdom's great expence ;
and it being evident, that notwithftanding
C B all

462 ACOLLECTI

all the continual endeavours of the Parlia- j
mcnt to deliver his Majedy from the j
councils, and out ot the power of the faid
D. yet his intercft in the miniftry of ftate
and others have been fo prevalent, that
Parliaments liave been unreafonably pro-
rogued and diflblved when they have been
in hoc purfuit of the Popifli confpiracies,
and ill niinifters of ftate their affiftants.

" And that the faid D. in order to re-
duce all into his own power hath procured
the garrifons, the army and ammunition,
and all the power of the feas and foldiery,
and lands belonging to thefe three king-
doms to be put into the iiands of his party
and their adherents, even in oppofition to
the advice and order of the laft Parlia-
ment.

" And as we confidering with heavy
hearts how greatly the ftrength, reputation
and treafure of the I'cingdom both at lea and
land is wafted and confumed, and loft by
the intricate expenfive management of thefe
wicked deftrudive defigns •, and finding
the fame councils after exemplary juftice
upon fome of the confpirators, to be ftiU
purfued with the utmoft devilifli malice,
and defire of revenge •, whereby his Ma-
jefty is in continual hazard of being mur-
dered to make way for the faid D's ad-
vancement to the crown, and the whole
kino-dom in fuch cafe is deftitute of all fe-
curity of their religion, laws, eftates, and
liberty, fad experience in the cafe, Qticen
Mary having proved the wifeft laws to be
of little force to keep out Popery and ty-
ranny under a Popifli Prince.

" We have therefore endeavoured in a
Parliamentary way by a bill for the purpofe
to bar and exclude the faid Duke from the
fucceffion to the crown, and to banifli him
for ever out of thefe kingdoms of England
and Ireland. But the firft means of the
King and kingdom's fafety being utterly
rejeSed, and we left almoft in defpair of ob-
taining any real and effedtual fecurity, and

N o F T R I A L S.

1 knowing ourfelves to beentrufted to advife
and adl for the prefervation of his Majefty
and the kingdom, and being pcrfuaded in
our confciences that the dangers aforefaid
are fo eminent and prefilng, that there ought
to be no delay of the beft means that are
in our power to fecure the kingdom againft
them. We have thought fit to propofe to
all true Proteftants an union amongft them-
felves by folemn and facred pro.mife of mu-
tual defence and afiiftance in the pref.rva-
tion of the true Proteftant religion, his IMa-
jefty's perfon and royal ftate, and our laws,
liberties and properties, and we hold it our
bounden duty to join ourlelves for the fame
intent in a declaration of our united affec-
tions and refolutions in the form enfuing."

" I A. B. Do in the prefence of God fo-
lemnly promife,vow,andprotcft to maintain
and defend to the utmoft of my power, with
my perfon andeftate, tiie true Proteftant re-
ligion, againft Popery andallPopilh fuper-
ftition, idolatry, or innovation, and all thofe
who do or fliall endeavour to fpread or ad-
vance it within this kingdom.

" I will alfo, as far as in me lies, maintain
and defend his IVIajefty's royal perfon and
eftate ; as alfo the power and privilege of
Parliaments, the lawful rights and liberties
of thefubject againft all incroachments and
ufurpation of arbitrary power whatfoevcr,
and endeavour entirely to disband all fuch
mercenary forces as we have reafun to be-
lieve were raifed to advance it, and are'ftiU
kept up in and about the city of London,
to the great amazement and terror of all the
good people of the land.

" Moreover J. D. of Y. having public'y
profefted and owned the Popilh religion,
and notorioufly given life and biitli to the
damnable hellifli plots of the Papifts againft
his Majefty's perlon, the Protcltant religion,
and the government of this kingdom ; I
will never confent that the faid J. D. of
Y. or any other, who is, or hath been a

Paoift,

A COLLECTIO

Papift, or any ways adhered to the Paplfts
in cht-ir wicked dcfigns, be admitted to the
fucccffion of the crown of England ; but
by all lawful means and by force of arms, ','
if need fo require, according to my abilities,
will oppofc liim, and endeavour to fubdue,
expel, and deftroy him, if he come into
England, or the dominions thereof, and
feek by force to fet up his pretended title,
and all fuch as fliall adhere unto him, or
raife any war, tumult, or fedition for him,
or by his command, as public enemies of
our laws, religion and country,

" To this end we and every one of us
whole hands are here underwritten, do moft
willingly bind ourlelves and every one of us
unto the other jointly and feverally, in the
bond of one firm and loyal Ibciety or aiTo-
ciation, and do promife and vow before
God, that with our joint and particular
forces we will oppofe, and purlue unto de-
ftrudioii all fuch as upon any title what-
foever (hall oppofe the juft and righteous
ends of this aOociation, and maintain, pro-
te6l and defend all fuch as fliall enter into
it in the juft performance of the true intent
and meaning of it. And left this juft and
pious work fliould be any ways obttrudted
or hindered for want of dilcipline and con-
dutfl, or any evil minded perfons under
pretence of raifing forces for the fervice of
this airociatio;'\ Ihould attempt or commit
diforders ; we will follow luch orders as we
fliall from time to time receive from this
prcfent Parliament, vvi:ilft it Ihall be fitting,
or the major part of the members of both
houfes iubfcribing this afifociation, when it
fliall be prorogued or difiblved : and obey
fuch officers as fliall by them be fet over us
in the feveral counties, cities, and boroughs,
until the next meeting ot this or another
parliament; and will then fiiew ine fame'
obedience and fubmiffion unto it, and th'ofe
who (hall be of it.

N OF T R I A L S. 463

" Neither will we for any refpecl of perfons
or caufes, or for fear, or reward feparate
ourfclves from this afibciation, or fail in the
profecution thereof during our lives, upon
pain of being by the reft of us profecuted,
and fuppreflTed as perjured perfons, and
public enemies to God, the King, and our
native country.

" To which pains and punifhments we do
voluntarily fubmit ourfelves, and every one
of us without benefit of any colour or pre-
tence to excufe us,

" In witnefs of all which premifes
to be inviolably kept, we do to this
prefent writing put our hands and
feals, and fhall be moft ready to ac-
cept and admit any others here-
after into this fociety and affo-
ciation."

Sir Fr. Withens. This paper is very plau-
fibly penned in the beginning, and goes a
great way fo, but in the laft claule but
one, there they come to perfeft levying of
war; for they do pofitively fay, they will
obey fuch officers as either the Parliament
or the major part of them, or after tlie Par-
liament is difiblved, the major partof tholb
that ffiall fubfcribethis paper fliall appoint,
they will obey all fuch officers.

Foreman. Pray what date is this paper
of.?

bir Fr. Withens. It was after the bill for
the exclufion of the Duke of York, for it
fays that way failing, they would do it by
force.

Foreman. There is no hand to it at
all?

Sir Fr. Withens. No, none at all. One
thing I had forgot, that they would join to
deftroy the mercenary forces about London,
which is downright levying of war ao-ainft
the King and his guards.

IVIr. banders. '1 he dcfign of it is pre-
tended to oppofe Popery and arbitrary
power, and deftroy the Papifts ; but that

doth .

4^4

A C O L L- E C T I

doth not feom \o much m itkit : but when
you have hcarJ the evidence you v;i!l hriw
who w. re tht' Papifls that vvcic Co be dc-
fti-oyed by this army.

John Booth.
Jury. He has ftood in tl.e face of the
court all tliis wliile.

/.. C. 'J. Vvhen did Mr. Booth come
down ?

Juyy. He was iiere before we went up,
piy Lord, and hath been here ever fmce. j

.^ C. y. Look ye, Gentlemen, they tell
y-oti he was carried away, and came down
but novv'.

Bcctb. No, my Lord, I came down but
now.

Shepherd. My Lord, we defire a lift of
their names, that we might know who is
here, and who is not.

Godfrey. This man hatli been here all
this while, and all the others may be here,
for ought tliat I know.

Sir Fr. hFithens. In the firft place give
an account what difcourfe you have had
with my Lord Shaftfbury.

L. C. y. Speak out that the Jury may
hear you.

Booib. I will fpeak as loud as I can.
In the month of January, about the middle
of January laft, 1 was introduced into my
Lord Shaftfbury's acquaintance by one
Captain Henry Wilkinfon. I fay I was in-
troduced into my Lord Shaftfbury's ac-
quaintance by one Captain Henry Wilkin-
fon. This Captain Wilkinfon is a York-
flfire gentleman, he has known me above
twenty years, and he and I have had fami-
liar convtrfation a long while ; fo waiting
upon my Lord Shaftdiury, our firll bufmels
that we went about was. Captain Wilkin-
fon did pretend to receive a commifTion
from my Lord Shaftfbury, and fome others
of the Lords Proprietors of the Palatinate
of Carolina to be their Deputy-Governor •,
and he told me the Profpedl of that journey,
was like to be very hopeful, and that his

O N OF T K I A L S.

intereft was good, and that he could pro-
cure me a commiflion, and iuch a number
of acres for quality and quantity as I did
defire : and he laid he did not dtfign to go
over immediately in his ov/n perion, but he
would fend his eldeft fon, and his youngeil;
Ion, and if he v;enr, he would return again
as occafion fiiould ferve. I conlcnted to
him in all this, and we difcourled it divers
times together, and we went to my Lord
Shaftfbury on purpofe to receive com-
miiTions in order to this purpole. The firft
time I went there was the Earl of Craven,
Sir Peter Colleton, one Archdell, a quaker;
I thought him a quaker becaul'e he kept his
hat on, when the reft of the Lords Itood
bare in civility to him. We difcourled the
thing about Carolina. After this, and be-
fore. Captain Wilkinfon and I had feveral
difcourfes about the juncture of affairs in
thefe times, though I knew him to be an
old royalift, and one that ferved his Ma-
jefty and his late father very much in the
wars ; yet being under great difappoint-
ments of preferments at courr, and mifling
the reward he expeded from the King, his
heart was turned another way, and he had
repented himfelf of thofe fervices he had
done for the Kino- and was become a man
of another opinion •, and there was fome in-
ducements upon me that I was inclined to
the fame opinion : fo he exprefied him!elf
to my Lord, and fo from one thing to ano-
ther we went on in difcourfe, and related
the feveral Parliaments, and the proroguing
them, and the difappointments of the peo-
ple, and the fear of Popery and arbitrary
power: and this was not done once, nor
twice, nor ten times ; for I cannot enu-
merate them, for we kept a contmual club,
and converfed together familiarly near three
quarters of a year. After this firft acquain-
tance with my Lord Shaftibury at his
houfe, I did frequently go with Captain
Wilkinfon, and between Chrilfmas and
March four or five times : and 1 obferved

this.

A COLLECTIO

this, that when we came to my Lord Shafcf-
bury's they were cautious in our acccfiion : ,
In the firft place it was to be known by
I'ome of the fervants, who he was in com-
pany with : and in the i'econd place the
names were lent up, who they were, that
were to Ipeak with him : fometimes we
had an alehoufe at the Bell in the lame
ftreet : (I forget the name of the ftreet) we
(laid at the ale houfe till we had a fit time.
Captain Wilkinfon had acquaintance with
his porter and his gentleman of his cham-
ber : and lb we often difcourfed. And
from the concerns of Carolina we fell to
matters more public concerning the ftate.
I remember hs would ufe to inveigh fliarp-
ly againft the times, and look upon him-
felf as not fo valued, nor fo refpedled, nor
in thole places and dignities as he expected
he Ihould be, and feemed to be diicon-
tented, and he did fear that Popery would
be introduced, and arbitrary power: and
when Parliament-men were to be eleded,
there came every week news, bringing par-
ticulars of fuch boroughs and counties as i
had made particular clcclions for members
for Parliament; whether Knights, Citizens,
or Burgeffcs : and he would often con'ider
that Parliament that was to fit at Oxford,
what they were as to their inclinations and
diipolitlons : and he laid, they would inlift
upon tiie fame things the other Parliam.ents
before had done. Particularly he laid the
Parliament would never, orant the Kino-
any affiftance of money, nor fati.sfy him in
thofe things that he defired, unlefs he gave
the people firft fatisfaclion in thofe things
that they infifted on before, and he be-
lieved would inhft upon after ; and par-
ticularly the bill of excluding the
Duke of York from the crown, ano-
ther was the abolilbing the llatute
of the 3:5th of Elizabeth : and the third
v/as giving his royal aflent for the paf-
fing a new bill whereby all the diilenting
Proteftants, nonconformifts, or what you
. Vol. I. No. 20.

N F TRIALS. 465

will term them, fliould be freed from thofe
penalties and ecclefiaftic punifliments that
they are fubjcft to by the prefent efta-
blifhed law : and he faid, if thefe and
fome other wholeibme laws and bills were
paft by the royal afTent of the King, he
believed that when the people had received
this lecurity and fatisfadlion, that they
would be very willing to grant the King
luch accommodations of money by way of
affefl'ment, or fo, as his neceffiiry occafions
fiiould alfo require: but without this he
believed, there would be a breach between
the King and the Parliament, and that they
had ordered the Parliament fliould meet at
Oxford, and not at this metropolis at
London, where they might go on without
fear of being over- awed : that this was an
intention to awe the Parliament. But he
faid, himfelf and divers noble Lords, and
members of the Houfe of Commons had
confidered thcmfelves and their own fafetv,
and that they judged it dangerous to go to
Oxford, where they were fure tiie guards,
the retinue of the court, and the affiftance
of the fcholars (which ufually incline to the
crown) might fo over- awe the Parliament,
that they might not fo freely proceed in a.
way for the public good as they intended ;
and therefore he and others had con-
fidered with themfelves, that it were fit
for .them to have guards and fend them
thither •, and to this purpofs he had
eftablifiied a matter of fifty men, perfons
of quality, that he believed would have
men along with them ; and he intrufted
Captain Henry Wiikinlbn with the com-
mand of tliefe men, and they were to come
to Oxford ar fuch a time, and if there were
any breach betsveen the King and the Par-
liam.ent, or any violence offered to any of
thcle members by t. e guards, or retinue of
the court, that then thefe men with others
that other Lords had provided, Ih
re[;el his force, by greater force, and P
pia"ge the guards of all tiie Papill

6 C Cuiicjj

466

COLLECTION of TRIALS.

tories, and fiicli as were againil the Prote-
llant religion, and the eftablillKd laws of
the land ; and likcwife thefe men fliould be
ready to afiift himfelf, and thole other per-
fons in his confederacy, to purge from the
King tiiofc evil counfellors which were
about him : particularly there were named,
the Earl of Worcelter, my Lord Claren-
don, my Lord Hallifax, my Lord Fever-
fliam, and Mr. Hide, now Lord Vifcount
Hide : and thefe pcrfons were looked upon
to be dangerous, and gave the King evil
advice, and made him continue fo very
deaf to what the Parliament urged him to ;
and therefore they fiid they would not only
purge the guards, and repel that force by
a greater force, but alfo take thofe Lords
by violence from the King, and bring the
King to London, to the chief metropolitan
city, where thofe things fliould be elta-
blifhed, which they defigned for their fafety
in thele two refpecfls, for the preferving the
Proteftant religion, and likewife for the
keeping and defending us fife from ar-
bitrary power and government. Upon
this Captain Wilkinfon did defire me that
I would be one of thole under his com-
mand : this I did confent to. And he re-
quefted me further, that I would provide
for myfelf horfe and arms ; and likewife
arms for my man, and he would provide
me a horfe for my man. I did accordingly
provide arms for myfelf, and a good
ftone-horfe for myfelf, and arms for my
man before the Parliament did fit at
Oxford. I think the 23d of March, I do
not pundtually remember the day, . and
when the Parliament was fct, we enquired
and heard how things went on, and found
that it was as my Lord Shaftfl^ury had pre
dided, that the Parliament did infiit upon
ihofe very things that he told they would
do, but never believed or imagined they
would be {o foon difTolvcd. Upon Thurf-
dzy before the Parliament was diflblved,
Captain Wilkinlon told me he expeded

that very week to have a fummons to go
up to Oxford with thofe men that were
lifted with him ; but then Saturday's news-
came of the diflblution of the Parliament,,
and therefore it took no further cfTeft.
The v/hole matter, the main defign was
this. That my Lord Shafiibury fhould
have fo many men to attend him there for
the lecurity of his perlon, and likewife to
repel the force of the King's guards, or
any other perfon that followed the King ;
and alfo to remove from him thofe five
Lords, and bring the King back to Lon-
don, to eifablifli thofe laws that I have
mentioned.

Sir Fr. IVithins. Pray what time did you
difcover this ?

Booth. About fix weeks ago.

Sir Fr. WUhins, Had you any difcourfe
with the Earl of Shaftsbury after Captain
Wilkinfon fpoke with you, or before the
fitting of the Parliament .''

Booth. I faid before that the firft motion
of thefe fifty men that were to be my Lord
Shaftsbury's guard came from Captain
Wilkinfon ; but after this when I went
with Captain Wilkinfon to my Lord
Shaftsbury, the fame thing was difcourled
there. The laft time I was with my Lord
Shaftsbury was about a week before he went
to Oxford, about ten days before the Par-
liament far, or a week, and then I heard
the fame difcourfe from my Lord Shafts-
bury's own mouth.

Sir Fr. Wtlhtns. Had you any other dif-
courfe with my Lord Shaftsbury ?

Booth. I fay I made three or four vifits
between Chriftmas and March, and we had
difcourle every time particularly about the
King's perfon, and if the King did refufe
tlifle motions, that then thefe men were to
betaken from him, and he repelled with a
greater force, and be brought to it by
force.

Sir Fr. Withins. Did you ever make any
folicitation to any to make this difcovery ?

Booth,

A COLLECTION of

Booth. Thus far I dk\, and I will tell you L. C. J.
the whole matter in that point ; there was
one Walter Banes an acquaintance of mine,
and I found that he had at Wilkinfon's re-
quefl: engaged himlelf in fonne bufinefs that
one Brownrig an attorney In Yorkfliire had
Wi it to him about, concerning Ibme men
that were to fvvear againft my Lord Shafts-
bury, I aflsed Mr. Banes what men thefe
were, he faid, he thought they were Irifh-
men. I faid, I don't know what converfa-
tion in that nature my Lord Shaftsbury
might have with Irifli-men, for I know
none of them ; but I am fatisfied that he
had converfation tending to thofe ends that
you fpeak of with fome EngliHimen, and
that I know. This Mr. Banes did take
particular notice of, and he was very fre-
quently upon me to tell him what the mat-
ter was, and I gave him fome intimation
of it. Truly it was very much upon my
fpirit, and I could not tell whether I was
able to carry it through or nor, or had bet-
ter to let it alone as it was in filence : But
difcourfing flill more with him, and at the
refult of that difcourfe we had by degrees,
I did give him ibme intimation of it. And
after that upon fecond thoughts I took a
refolution todifcover it ; and when I did
difcover it, I do here in the prefence of God
declare, that no mortal did know any thing
of what I had to fay, in reference to the
King ; nor did I make any more applica-
tions m the world, but took pen, ink, and
paper, anci writ it down, and fealed it under
a cover and fent it to the council.

Sir Fr. I'Vithens. Gentlemen of the jury,
would you afk hun any queftions?

Papillon. The jury told your Lordfhip
before, that after all had been examined,
•they would confider what queftions.

L.C. J. Where would you have thefe
witnefles that have been examined toftand ?

Papilkn. We leave to the fherifls to ap-
point a place for them.

TRIALS. 467

To keep them apart is utterly

impolfible, for we muft have as many rooms
then, as there are witnefies.

Jury. Let one man keep with them.
L. C. J. Empty that place where they
were the laft time, and let them ftand
there.

Edward Turbervile.
Sir Fr. Withens. Mr. Turbervile, have
you had any difcuurfe with my Lord Shafts-
bury ?

Turhervile. Yes, feveral times. In Fe-
bruary laft, I am not pofitive in the time,
but about the beginning of the month, I
waited upon my Lord Shaftsbury about
Ibme monies. I waited upon him to have
his advice how I might come by it, and to
gain my Lord Shaftsbury's letter in my
behalf to the prefident of the council to
ftand my friend ; and he faid, there was
little good to be had from the King, as long
as his guards were about him ; for were
it not for his guards, we would quickly go
down to Whitehall and obtain what terms
we thought fit. Said I, my Lord, I fup-
pofe his guards can't defend him from the
whole kingdom. His Lordlhip faid that
the rabble were all of that fide, efpecially
the people about Wapping, and Alderi-
gate-ftreet ; and the rich men of the citv
would vote for eledbions ; but they could
not expedt they fliould ftand by them in
cafe there fliould be any difturbance, for
they valued their riches more than their
caufe. And at Oxford I heard my Lord
fay again, he wondered the people of Eng-
land ihoukl ftickkfo much about religion,
, and that if he were to choofe a religion, he
would have one that fhould comply with
what was apt to carry on their caufe.

Sanders. Had you any other difcourfc
with him at any other time .''

Turbervile. I told you all that is mate-
rial that I can fay to it.

John Smith.

Siniih

468

A COLLECTIONoF TRIALS.

Smith. My Lord, I only beg a word or
tv.'O from your Lordfijip, of fome refleftions
■call upon me.

L. C. J. Go to your evidence.

Smith. My Lord, this is fomething to my
evidence.

L. C. J.. Yqu may take another time
for that.

Smith. My Lord, it liath been reported
about in cofFee-houfes and taverns, that I
ihould fwear there was a general defign
againfl: his Majefty ; and that I fvvore it be-
fore the King and Secretary of ftate ; and
that I alfo fwore it at the trial of Mr. Col-
ledge and Mr. Rowfe : I take it upon my
oath I never fwore any fuch thing, neither
can I fwear there was a general defign by
the city, or the Parliament againft the
King.

L. C. J. Speak what difcourfe you have
Jiad v^ith my Lord Shafcsbury.

Smith. My Lord, I fuppofe it is pafb all
doubt, that I have been very often with my
Lord Shaftsbury ; and I have often in his
difcourfe obferved that he fpake very irre-
verently and (lightly of the King ; Ibme-
times faying he was a weak man, and fome-
times flying he was an inconlfant man ;
a man of no firm or fettled refolution -, and
a man that was eafily ltd by the nofe, as his
father was before him, by a J-'opifli Qiieen,
which was the ruin of his father: this was
both in public and in private. I have alfo
obl^rved fometimes in his difcourfe, fome-
thing that he mentioned of the Earl of Ef-
fete ; and that the Kingfliould declare, that
the Earl of Shaftsbury was not fatisfied to
be an ill man himfelf, but got over the
Earl of Eflex too -, this the Earl of Shafts-
bury declared publicly in his own lioufe.
Another ftory was of the rebellion of Scot-
land, that the King (hould fay that the Earl
of Shafcsbury was the chief promoter of
that rebellion ; and when tiiis was told my
Lord Shaftsbury, that hefliould fend word
back again to the King, " I amglad(lays he;

that the King fees not his own danger, nor
what he runs himfelf into ; and pray tell
him, that, if I were to raife a rebellion, I
could raife another-guefs rebellion than the
rebellion was in Scotland." But now, as to
the particular points I am to charge him
with, I remember, my Lord, that my Lord
Shafcsbury fent for me one time, and that
by one Manly -, fometimes they call him
Major Manly, fometimes Captain Manly ;
and this man found me at Mr. Bethel's
club in Newgate-fbreet at the Queen's
Arms; and there he told me my Lord
Shafcsbury would fpeak with me that night.
I immediately Itft the club and went to my
Lord Shaftsbury's •, and I was introduced
into the dining-room, where there were two
gentlemen in difcourfe with my Lord ; and
as foon as he faw me, he aficed me how I
did, I told him I was very well, andcamein
obedience to his command to wait upon
him ; for Major Manly told me yourLbrd-
(hip had a mind to fpeak with me : He faid
he had. Soon afterward, thefe two gentle-
men went away. Upon this my Lord turns
about, Mr. Smith-, faid he, Mr. Hetherington
was with me this morning, and told me he
was afraid the Irifli witnefles would go over
to the court party, and retracSt what they
had faid formerly. My Lord, fays I, I
know no perlbn can better antl with more
eafe, hinder that than your Lordfhip, by
procuring fome fmall allowance for them ;
for they complain inuch of poverty. Says
he, Mr. Hetherington has the charge of
them, and hath a fpecial care of them, and
I believe they don't want. My Lord, fays
I, 1 know nothing of that, he knows what
provifion he hath made for them. This is
the thing, faid my Lord, that I woukl
have you do : They (tand in great awe
of you, and you muft perfuade them
from going nigh that rogue Fitz-Gerald,
that great villain, that is pampered up, and
maintained by the King and the court-
party, to ftifle the plot in Ireland. My
Lord, fays I, do you think the King would

A COLLECTION of TRIALS.

46V

be at Tuch vaft charges for to bring over i When I caiTre to them I began to open

witnefTes, and at hill maintain men to flifle
this p'o, lor that is the way to ftiflc: theplot
in EnglanJ too, as well as that. Says he,
what is this frequent tlifl(:)kitions and pro-
rogations of Parliaments for, but to ftiflc the
plot here, an:l to hmder the Lords in the

thole gre^t and horrid crimes that 1 heard
Ivlr, P itz-Gerald accufed of, that he was a man
came to difcover a plot, and dilbwned it
here, and retraced all he had faid. I told
them, what a crime this was. In fliort, my
Lord, they promiled never to go near the

tower to come to a trial ? This is a ftrange I man. 1 parted that night and came to m

thing, m.y Lord, faid 1, when he gave Dr.
Gates, Mr. Bciflow and Mr. Diigdale fuch
large allowances to prpfecute this plot.
Says my L-<rd, that is nothing, that may
hold for a year or two, he may take it off
wherl he will, but the chief means are put
by, whereby we might find out the depth
of this plot ; and it Mr. Dugdale and Dr.
Gates bei<;iocked on tiie head, then where
is this plot •, tlien there v/ill come an aft
of oblivion for them, and all things will be
well as they were before. My Lord, }aid I,
this is v-ry iTrange to me. I can give you
inilance of it, lays he, when 1 was lately in
the tower, I toki fome I law Popery coming
in, and that it was hard to prevent it. I
am. forry to hear it, faid L but what would
you have me do with thefe Irifh witnelFes .''
Says he, perfuade them not to go near
Whitehall, nor this Fitz-Gcrald. And,
faid he, one thing more, I would have you
niind, Mr. Smith, that if the King were
not as weU.fatisfied with the coming in of
Popery as ever the D. of Yoik was, do you
think the D. of York would be fo much
concerned in the bringing in of Popery as
he is ? I am forry for it, my Lord if it be
fo. After this 1 parted With my Lord
Shaftsbury, with full inftruftions from him
to thofe Irifli witnefl!e?. I met Mr. Lle-
therington the next morning, and I told him
that I was with my Lord Shaftsbury ; fays
he„ I kno'.v your bufinefs and would have
you meet us at the Sun Tavern in the after-
noon. My Lord, 1 went according to the
time appointed, and met him at the Sun

lodging, and the next morning Mr. He-
therington and one Mr. Bernard Dennis
came to my lodging and told me,
that this fJernard Dennis was ready to
give in information againft Fitz-Gerald,
that he had tampered with him to for-
fwear all he had fworn before. 1 wen:
prelently with Mr. Iletherington and Mr,
Dennis to my Lord Mayor, who was
then Sir Pat'enceWard •, after we had told
the bufinefs to Sir Patience Ward, Sir Pa-
tience asked this Dennis if there were any
otli^r perfons prelcnt. Yes, fays he, thcr r
was. Says Sir Patience, you are upon your
oath, if you know not the nature of an oath,
I will tell you. '1 he information was drav/n
up ; the copy of this information I cairiei
to my Lord Shaftlbury and Ihewed it him,
he read it, and was very well pleafcd with
it, and faid, Mr. Smith, don't you fee the
villainy of that man and that faftious party,
and that the King runs the fame fteps as:
his father did before him, how can any
thing of this nature be done without the
King p.ndthecourt pampered him up ? My.
Lord, faid I, I think now the thing is clear.
Ay, fiy.s he,-' thefe are the very fame Heps
that his father followed when he was led bv .
his Popilh Qiieen, and the poor man doth
not ice his danger., I parted from my Lord,
and came and gave an account of this very ■
difconrle to the club ii> Newgate- (treet, an i
they were glad of it, and I told vv^hat m/
Lord Shaftilniry faid, that the King v/ou4d
never be quiet till he came to hisfather's
end, he followed the fame fteps., Ancthe;

Tavern between fix.^ or feven, or eight of } thing that I have oblcrvtd particularly be

the clock, as near as I can remember,
Vol. 1. Ko. 20,

6 D..

forj-^

js^ K COLLECTION of

f)re the Parliament went to Oxford, I went i and, as old as
to fee him, and we fell into fomcdifcourfe,
and my Lord fad there were great prepa-
tions made, and a great many gathered to-
gether upon the road between London and

Oxford. My Lord, faid L what is the
meaning of that ? Any body may fee, fays
he, that is only to terrify the Parliament to
comply with the King's defire, which I am
kirc the Parliament 'never will, for we are
;^s refolute now as ever •, and more refolute,
for we fee clearly what the King aims at,
and that is to bring in Popery. Which I
told feveral years ago, and when I was laft
in the tower, but, lays he, we have this ad-
vantage of him, if he oftcr any violence to

TRIALS,

he was, he wqu!;1 be one;
that would oppofe if to his power. My.
Lord, faid ~L we can expeil; nothing but
confufion from the Parliament, in this,
nature, for then we lliall be involved in

another civil- war, nothing elfe can put art
end to our miferies, or make this nation a
fettled nation, but a civil- war. Then, my
Lord faid I, by this means we (hall make an
end of monarchy, or elie inflave the nation
to Popery for ever. No doubt of cne^
fays he, but we are furc of one, for the
nation is of our fide, and the city you know
how they are, and where ever they ftrike,
I am fure the nation will, and this PU
ftand and die by. This is the fubftance

lis, (for we expeft it,) that we have the | of what I have to fay againft my Lord

nation for us, and we may lawfully oppofe
liim, and he will meet with a very ftrong
oppofition ; for all that come out of the
country, Ihall be well horfed and well
armed, and fo we fhall be all, and here is
the city which now has a queftion in de-
bate among them, whether they fhall bear
the charge of their own members or no, but
they are willing to do it, and fend fo many
men to v/ait upon them, and if we oppofe
the King as we may do, for it hath been
done in former times, the whole nation is to
Hand by us, and as 1 faid when I was in
the tower, I would die, before I would ever
bring in Popery or any thing of that na-
ture.

Jury. Repeat that again.

Smith. He faid, that the King, if he
offer'd any violence at Oxford to the Parlia-
ment, he would meet with a itrong oppo-
fition, and that the gentlemen that came
out of the country were well provided with
horfe, arms and men, to oppofe him, and
thit they might lawfully do it if the King
oftered any violence to them whilll they
r»t, and that the nation ftood by them, and
that they did reprefent the nation, and
th.u for liis part he and all his friends
'■' do it to tlic ucmoft ot their power,

Shaftfbury, and upon the oath I nave-
taken, I am fure I have not added a word.
One word more I have to fiy, 'tis reported
I have been hired and fuborn'd, 1 do
admire why this city of London, where
there are as worthy men, and as great
lovers of the King and government as any
in the world, fhould fay any fuch thing;
I was never fuborn'd by them, nor never
toolc a farthing of their money, nor never
took a farthing of the King in my life.

L. C. y. Who fuppofes it ?

Smtth. 'Tis in print, my Lord, 'twas
in the book that came out laft night, it
is fuppos'd, my Lord, for it is in print.

L. C. J. I had reafon to expedl that
there was no fuch objeftion.
Brian Haines.

Sanders. Give your knowledge of what
difcour'i'e you have heard concerning my
Lord Shafrsbury.

Haines, Sir, I have heard him viilify
the King very often, and he told me about
the narrative that I made about Sir
Ldmond-bury Godfrey's death, Mr. Ivey
and I went to him one day and he fpoke
to me of it, and I defired him not to
expofe my pcrfon to the King's anger, for
I was fure he would never grant a pardon

A COLLECTION

to any man that impeaclied the Earl of
IDanby. Siiys he, do not fear, if he cloth
no; grant you a pardon, he makes himleU
the author of the plot -, and, fays he, the
Earl of Efiex, my Lord Maxfield and I,
we do all ref jlve if you put it in writing,
v.e will po to the King, and beg a pardon
of his Majefty for you, and if he doth not
grant it, we will raife the whole kingdom
againft him ; for, fays he, he muft not
cxped to live peaceably in his throne, if he
doth not grant it. For he makes himfelf
author of the plot.

My Lord, faid I, he hath diflblved fo
many Parliaments for the fake of the Earl
of Danby, ,and prorogued fo many Parlia-
ments, therefore he will .never grant me
this pardon. Says he, do not fear, 'cis
the bell pretence v/e can have in the world,
and if you v/ill but put in writing, and let
me read it, that I may give my opinion
of it, the work is done ; and if he doth
not do it, we are prepar'd to rife arms
againft him. I was with him another time
after I made this narrative, and he told
me the tv/o Mr. Godfreys were with the
King at Windfor, and begged a pardon of
his Msjefty for me, but the King v/ould
not grant it, but if he bean hon;:-ft man let
him lie at my mercy, let him come in and
declare -what he knows. Said I, I would
not have your Lordfhip expofe my caufe
in thcfe day. This is the befl time for it
in the v/orld, fays he, if he doth not do it,
he can't expeft to be long King of Eng-
land. Pray my Lord, faid I, what fliall I
do in the mean time ? I will go beyond
fea, faid 1. No, lays he, don't leave the !
kingdom, he dares as well be hano'd as I
meddle with you. I defir'd him a fecond |
time not toexpofe metotlic King's fury, and
I prayed him to help me to a litllc money '
to go beyond fea, for I was lure I could |
not be fate in England. Says he, have a •.
care of your fclf ; but, fays he, he dares
as well be hang'd as meddle with you.

o 1 T R I A L S. 47t

Then I was in clofe conference v/ith him
one day, and 1 gave him foexaft an account
of all tranfaftions from King Charles the
firlt's reign, the commenceinent or coming
to the Crown, to this very day, that he
was mightily fatisfied, finding by me that
I was a traveller, he was mightily pkafed,
and free with me. Pray, my Lord, what
model do you take, or intend to do ? fays
he, do you not think but there are families
in England that have as great pretences to
the Crown as the King ? fays he, there is
the Duke of Bucks, in the right of his
mother, fhe was defcended from Edward,
one of the Edwards, and in her light he
claims the Barony of Rofs, he hath as
great a right to the Crown of England',
as ever any Stewart of them all.

Jury. Speak that again.

Haines. I was in conference with my
Lord Shaftsbury one day, and I gave him ■
an exacfl account of all tranfadions, and I
afked what they did intend to do with the
government, if they pull'd the King down.
Says he, do you think there are no families
in England, that have as much pretence
to the Crown as any of the Stewarts ? I
know none my Lord. Says he, there is
the Duke of Bucks that is defcended of the
family of the Plantagenets •, he named
fome of the Edwards, and in her right he
(hould have the Barony of Rofs, and in
her right he has as good a title to the
Crown of England as ever any Stewart had.
John Macnamarra fworn.

Sir Fr. IVitbins. Pray s

s an account
to the jury of what difcourfe you haVe had
witn my Lord Shaftsbury.

Macnamatra. My Lord, I was with my
Lord Shaftsbury a little before he went to
Oxford, before tl.e Parliament fat there,
and my Lord told me at that time, that he
would take care, together wii:h thofe that
were with him at Oxford, for the witnelles
that were concerned in the Popifli Plot.

Harrijofi. Spesk out pray, Sir.

A-Iacnartiarrai

COLLECTION of TRIALS.

Johii Macnamarra. Yes, he did

472 A

Macnamarra, My Lord told me he
would. take care, with thofe that were wich
him, for the witncllcs that were concern'd
in the Popifli Plot; after m/ Lord went
to Oxford, I writ him a letter, giving his
Lordfliip to underftand, that whereas his
Lordfliip was pleafed to promife, that he
would take care of the witnefles, that he
vvoLitd be pleal'ed to take care of me, as
well as the reft of the witnefles ; after my
Lord came home from Oxford, I went to
him, to fee what was done. His Lordfhip
was pleafed to exprefs himfelf and Ly, that
the King was popilhty affcfled and did
adhere to Popery, and that he took the
fame methods, that his father before him
took, which brought his father's head to
the block, and we will aifo bring his
thither ; and told me alfo, that he told
fon;e perfons of quality that this would fall
cut five years before-, at the fame time
tny Lord told me, that there was a col-
lection of money made, and that the meet-
ing was at the Sun Tavern, and that tliere
came a Tory Lord in to hinder their pro-
ceedings, birt fays he, we do remove to
Ironmonger-Lane, and fays he, you fliall
Jiear further in a fortnight. I came to my
Lord a fortnight afterwards, and his Lord-
Ihip was pleafed to tell me, that there was
provifion made for the witnelfes, and that
n was in the hand of one Mr, Kowfe that
was fervant to Sir Thomas Player •, there
was one Mr. Ivey, and I think my brother
was by too, when his Lordfhip fpake thefe
words ; he laid that the King was a faith
lefs-man, that there was no credit to be
given to him, and that the Dutchefs of
Mazarine was his Cabinet Council, who
was the v.'orli: of woman-kind. This is all
that I liave to fay, my Lord

Sir Fr. Withins. Do you remember no-
thing at any other time.

^fohn Alacnamarra. No.

Sir Fr. IVtthins. Did you hear any thing
about depofing the King }

at the
fame time fay, the King deferved to be
depofed as much as ever King Richard the
Second did.

Dennis Macnamarra.

Sanders. Ted thefe gentlemen whether
you have had any difcourfe with the Earl
of Shaftsbury.

Demi::. Macn.vnarra. He faid, my Lord,^
that the King was a man that ought not to
be believed, and there was no belief in
him, and t!iat lie oifght to be depofed as
well as King Richard the Second, and
that the DLitcliefs of Mazarine was one
of his Cabinet Council, and that he did no-
thing but by her advice.

Sir Francis Wi.'hins. Begin again.

L. C. J. Raiie your voice a little, for the
jury don't hear you,

Dennis Alacnamarnu That the King is a
man that ought not to be believed, thac
there was no belief in him, and that he
ought to be depofed as well as King
Richard the Second, and that the Dutchefs
of Mazarine was his Cabinet Council, and
that he did nothing but by her confent.

L. C. J. Who was with you at that time?-

Dennis Macnamarra. There was Mr.
Ivey and my brother at his own houfe.

L. C. J. When was this ?

Dennis Macnamarra. 'Twas at the latter
end of March or the begining of April.

Sir Fr. JVithins. You fay Mr. Ivey \va^
by at the fame time :

Dennis Macnamarra. Yes.

Sir i^y. /^///'m. Call Mr. Ivey.

Jury. What place was it m .?

D. Macnamarra. In his own houfe.
Edward Ivey iworn.

Ivey. My Lord, foon after the Parlia^
ment was dilTolv'd at Oxlord, I was at my
Lord Shaftsbury's houle, v.'icre he v.as
fpeaking agriinft the King, and faid, that
he was an unjuit man, and unfit to reign
and that he was a Papift in his heart, and,
would introduce Popery ' . ,

Jury.

A COLLECTIO

'*Jur^, Say tliat again. i

Ivey. I tell you I was at my Lord
Shaftfbury's lioufe, where he was then
fpeaking againll the King, faying, that he
was altogether unjuft, and not fit to reign,
and he wondcr'd he did not take example
by his father before him, and did really be-
lieve that he was a Papitt in his heart, and
intended to introduce Popery. I was fome-
times after with him and I told him one
Haines had told me he had fomething to
difcovcr about the death of Sir Edmund-
bury Godfrey and feveral other things, and
my Lord defired to fee him, and I
brought Mr. Haines to his houfe, and he
dcfired him that what he had to fay he
would put in writing, and he Ihould have
a pardon, and that if the King did deny it, |
as he dares not deny it, but if he does, we
will rife upon him and force him ?

Sir Fr. (Vithins. Had you any otlier
difcourfe, at other times ?

hey. Yes, I had other difcourfe but not
to this purpofe.

Sir Fr. IVtlbins. Was you frequently
with him .?

Ivey. I was frequently with him 4 he
defired at the time I was with him to bid
CoUedge to come to him, and I went and
came again to Haines with inltrudions how
to proceed, and i took his examination of
him, and carry'd it to my Lord, and he
defired it might be explain'd what he meant
by the tall black-man, and, fays he, if he
does mean the King, he mufi- explain him-
fclf, and fpeak of the King, or the Duke
of Yori<, or the reft, and if he does, we
will take care of him as long as he Jives,
but unlefs he does, wc will do nothing for
<».hitn: a/id I was with him with my Lord
Shaftsb'ury, and my Lord Shaftsbury did
exclaim againll the King.
. Sir Fr. PFiihitts. What words did he
fpeak ?

Ivey. He fajd he was altogether an unjuft
man and not fit to reign, and that he be-

VoL. I. No. 20.

N o K T R I A L S. 47^

lievcd he was a Papift in his heart, and de-
fign'd to introduce Popery, and therefore
they defign'd to depoie him, and fet up
another in his (lead ?

Sir Fr. Withiiis. Do you remember any
difcourfe of Richard the Second, at that
time ?

Ivey. No, Sir. I do not remember any
thing of it.

Bernard Dennis fv;orn.

S\x Fr. PFithins. Pray tell the jury what
difcourfe you had with the Earl of Shafts-
bury at any time, and what it was.

B. Dennis. My Lord, I came upon a
defign to make clear the plot in general,
as far as I have travell'd, as in Ireland,
France, Spain, Maryland, Virginia and
England, and upon that account I was
brought before a Juftice of Peace in Wcft-
minller, November laft, this time twelve-
month, and examin'd before Juftice Wal-
cup, a Juftice of the Peace, and fiom
thence to the Commitee of the Houfe of
Commons, of whom Colonel Birch (I be-
lieve he is here )was chairman, and gave in
my evidence, and being called upon at the
trial of the Earl Stafford, I was com-
mended, as I fuppofe, to the Earl of Shafts-
bury, and upon the account he fent mc
word of it, by William Hethcrington, who
was then very intimate with the Earl of
Shaftsbury, to my knowledge ; and Wil-
liam Hetherington came to me feveral times,
and he precifely was my maintainer at that
time, that is, to find me whatever I v/antcd,
and provide me my lodging, and carry me
to iome place where accommodation might
be more better for me. Upon this account
one time the E. of Shaftsbury fent to me
defining that I would wait upon him at his
own houfe. I came to him, and there in
the gallery of his own houfe, walking very
(lowly, he told me what I gave in of the plot '
in general was very guoti and fufficienr,.
but as to the Queen and the D. of York,
that I Qiould fpeak more home and poTinve

againft

474 A COLLECTION of TRIALS.

asiaiiifc them-, at lead, that I might be a
corroboration to other-; in 'Ahat tliey fwore
againfl: them. This was all at that pr^fent
time, that the Earl of Shahsbury i'pake to
me, and he delired me to go home to his
lodpjags. With that I went home, and
wiihir. a month, it may be or thereabouts,
he Tent for me again, by the Q i e William
HjthLringtoii, and William Hetherington
told m^e, that the Earl of Shaftsbury would \
fpcak with me. So I cme and waited 1
upon hii Lordfliip at his own houfe, and,
f'.ys he, Mr. Dennis, I underilaiul that ycu
are a clei-gyman. Yes, my Lord, laid I..
Am', fays he, I would ad\ife you to take
a black gown, and I will prefer you to a
benefice, till fuch time as this bufinefs is
over; and, ftys.he, at the end of this bu-
finefs I will not fail to prefer you to a
better, and in the mean time I would advife
you to take a black gown •, and this was a
little, as I remember, after the Parliament
was diffjlved at Oxford ; and he fent a gen-
tleman out of his own houfe along with me,
to a Dodlor of Divinity living hard by
Lincoln's Inn Fields, Dr. Burnet by name,
as I remember, and the gentleman ac-
quainted the Do6tor what I was, and about
■what occafion I came there ; fo the Doc-
tor indeed difcourfed with me very fami-
liarly, and rendered thanks to the Earl for
me into his converfat'on rather than ano-
ther's. What difcourfe we had then was
nothing to the matter, it was about mat-
ters of confcience, and religion. But Mr.
Coliedge that was the joiner here in town,
and executed afterwards, being familiar
with me brought me to one Mr. Fergufon
a minifter, as 1 fuppofe of the Presbyterian
form, for he goes in their garb as near as I
can tell, and Mr. Fergufon at our firft
meeting was in Richard's CofFee-houfe, in
an upper room one pair of ftairs, and in
fome company •, and Coliedge going to
him brought him afide, and fpake to him
concerning me, and he came to me apart,

and difcourfed with me •, from v.'hcnce he
brought me to a bookfeller's fliop, and
bought for me the articles of the church of
England, and in all thefe difcourles there
was a hand, as Coliedge told me, of the
Earl of Shaftsbury, who did procure him
and fcnt to Dr. Burnet to bring me that
v.'ay. I do not deny neither, that 1 had an
inclination before Heft Ireland, and when I
was in Spain, and when I was in France,
for to become a Proteflanr, according to
the laws and rules of the cliurch of Eng--
land. The force of v,-Iiat 1 have to fay is
this : The Earl of Shaftsbury one day after
all thefe things were pad, and after the
Parliament were difiblved at Oxford, dif-
courfing with me in his own houfe, Major
Manley being in the fame room then, who
lives beyond Tower-hill, he asked me what
was the prefent occafion I came to him
there, and it was pretty early in the morn-
ing, and the Earl had a barber to trim him
in his room. I told him my occafion was
then, that 1 was fomething low in money,
that I did a little want money at that time,
and did not know to whom to fpeak for any
thing but his Lordlhip, and faid I came to
tell you fo. Well, faid he, Mr. Dennis,
I have appointed Mr. Roufe, John Roufe
whom you know, for to give you and
maintain you in money •, go to him efpe-
cially once a week, and he will give you
money. And, faid he, Mr. Dennis, what
is the number of your name in the country
as near as you can tell, how many are you ?
My Lord, faid I, to tell you exadly what
number they be of, I cannot at prefent, but
within a little time, I may tell you. I be-
lieve really there may be upon the matter
3 or 400 able men of my name, in the
county where I was born. Says the Earl
of Shaftsbury, Mr. Dennis, I would very
willingly have you to advife thofe of your
name, and thofe of your friends to be in a
readinefs, whenever occafion fhall ferve,
and to (land by, if occafion Ihould be, for

A COLLECTION of TRIALS.

I*') afilfl: the Cominonwenkh of England ;' mentioned them both, we pray your Lord -

^ ' ' " ftip to acquaint us upon v;hat ftatute it is
grounded, whether upon both or one of
them,

L. C. y. Look ye. Gentlemen, this is
grounded upon the ftatute of this Kina;,
though there is enough to find an indift-
ment of treafon upon the ftatute of the
25th of Edward the Third. That which
is treafon within the ftatute of the 25th of
Edward the Third, is treafon within this
ftatute, fo this is the more copious ftatute ;
for as I told you before, this ftatute has en-
larged that of Edward the Third in a great
many particulars ; and therefore, look you,
gentlemen, always confider this, when one
ftatute contains the matter of another, and
enlarges it, the indiflment is always upca
the laft ftatute, that being the more copious
ftatute; but you are to confider both.

L. C. J. North. The indidment is contra
formam Jlatiit\ and \tht\ng contra formam
flatut\ it may be underftood, ftattttoruin or
ftatuti, fo that all ftatutes that may be the
foundation of this indiftment you may go
upon.

Jury. We defire to know whether any of
thefe witnefles ftand indidted or no.

L^ C. J. Look ye. Gentlemen, don't
talk of this, but confider with yourfeives,
an examination of proofs concerning the
credibility of the witneffes is not properly
before you at this time; for I muft tell you,
and inform you as to that, you are not to
examine properly here concerning the cre-
dibility of the witnefles, that is not to be
proved or controverted here before you,
that is matter upon a trial by the petty
jury, for there the King will be heard for
to defend the credit of his witnefles, if there
be any thing that can be objetTted againft
them ; it is proper for the piifoner to do
that, you are only to fee whether the fta-
tute be fatisfied, in having matter that is
trealonable, and having it vvitncfled by two
men, by two witnefles, who are intended

frima

for we do really in'end to have England un-
der a commonwcalih and no crown ; and
fays he, we intend to li/e as we fee Hol-
land does, that is, to have a commonwealth,
and to have no fujjreme head, particular
man, or King, nor owe obedience to a
crown ; and, fays he, we will extirpate the
King, and r.ll his family as near as we can ;
and, IVIr. Dennis, fays he, I do admire that
your nation ftiould be fuch fools as they
are, for it is very certain that King James,
C^ieen Elizabeth, King Charles the Firft,
fiys he, and the King that now is, does
wrong you to very deftrudion ; and, fays
he, if you had been under a commonwealtJi,
the commonwealth would take more pity
of your nation, and the gentry of your na-
tion, than any do of them now, in this time
wherein the King governs, and upon this
I do count the Irifli fools. This is all that
I can fay.

L. C. J. The King's council declare
they will call no more witnefles, for they
think they have called enough already, and
there are feveral of them that do fwear
words that are treafonable in themfelves, if
you do defire to aftc any of the witnefl^es
any thing, you fliall have them all called
one by one.

Foreman. My Lord, we will walk up
again, and confider what queftions to afk,
and '.-ome again prefcntly.

Fapillan. It feems they will call no more
witneifes than thefe.

L. C. J. Not againft the Earl of Shaftf-
bury, being you are charged only with
that.

Papillon. It is fo, my Lord, but we
pray we may be fatisfied upon the ftatute
the indi6.'i ent is grounded, becaufe we
may hear it read before we go up, becaufe
your Lordflaip fpeaks of two dift'erent fta-
tutes, the 25th of Edward, and you men-
tion the ftatute of the 13th of this King;
your Loi'dftiip in your difcourfe to the jury

4y6 AC

prima facie credible, unlcl's you of yovir own
knnwledtre know the contrary ; for other-
•wife, you mult confider what a difadvantage
this would be in all fuch cafes, if the cre-
dibility of the VfitneiTes fliould be examined
brfore the Grand Jurv, where the King is
not prefent, nor in a poffibiiity of defending
the credit of his witnefies ; the ptifoner or
the party indicled is not here ; that is a
proper objedion when he comes upon his
trial •, for all men are intended credible,
till there are objedions againft them,
and till their credits come to be examined
on one fide and the other.

Papillon. My Lord, if your Lordfhip
thinks good, I will beg this, I defire your
Lordfhip's pardon, whether your Lordfhip
tloth not think that we are within the
compafs of our own underftanding and con-
fciences to give our judgment ?

L. C. J. Your own underftandings and
confciences, yes •, but look ye, Gentle-
men

PariUon. If we are not left to confider
the credibility of the witnefles : we cannot
iatisfy our confciences.

L. C. J. Look ye. Gentlemen, you are
to po according to the evidence of the wit-
nr-fies •, you are to confider of the cafe ac-
cording to the things alledged and proved,
pnlcfs you know anything yourfelves : but
it any of you know any thing oi your own
knowledge, that you ought to take into
fonfideration, no doubt of it.

Jury. Very well, my Lord.

L. C. J. The Grand Jury are to hear
nothing, but the evidence againft the pri-
foner •, therefore for you to enter into proofs
or cxpedt any here, concerning the credit of
the wicnefitK, it is impofllble for you to do
Jullice at that rate.

The jury withdrew, and the court ad-
journed till three o'clock.

/.. C. J. Let the witnefles be brought in
«jne by one.

OLLECTION OF TRIALS.

Foreman. We will firll a(k a queftkin of
Mr. Gwyn.

JMr. Gwyn.

Foreman. Who put up the papers .?

Gwyn. I put up the papers myfclf.

Foreman. Wlio went in with you ?

Gwyn. None but my Lord's fervants, I
think, were there : but I put up the papers
myfelf.

Foreman. Pray, Sir, whofe hand-writing
is that paper of.''

Gwyn. Indeed, Sir, I can't tell.

Foreman. How did it come into my Lord
Shaftfbury's clofet ?

Gwyn. My Lord, this is a fl:range
quefl:ion. Indeed, Sir, I can't tell ; all
the papers that I found in that clofet I put
into that bag.

L. C. J. To fiuisfy the jury, was the
paper in the clofet before you came there ?

Gwyn. My Lord, it was certainly there,
for there I found it. I don't know the par-
ticular paper, but all the papers in that,
bag were there.

L. C. J. From whom had you the key .'

Gwyn. From my Lord Shaftibury.

Foreman. Don't you know. Sir, there
was a difcourfe in the Parliament of an af-
fociation .''

Gwyn. Sir, I was not of the lafl: Parlia-
ment. Sir, I know nothing of it.

Foreman. You have not heard then, that-
there was fuch a thing in Parliament con-
cerning an aflx)ciation ?

G-iuyn. I have heard of an aflTociation
talked of.

Foreman. Mr. Secretary, I would afk
you fome queft.ions : if you did not know,
of a debate in Parliament of an afibciation ?

Secretary. I was not prefent at the debate i
but there was a talk in town of an aflTo-
ciation.

Foreman. Did not you hear of it in Par-
liament ?

Secretary. Indeed there was an anfwer to
a mefl^-ige from the Houfe of Commons that

had

A COLLECTION of TRIALS.

477

had fomcthing in it that did ftrongly imply
an afTociation ; but this particular affo-
ciation I do not remember to have heard
propoied.

Foreman. Don't you remember in the
Houle of Commons, Sir, it was read upon
occafion of that bill ?

Secretary. I heard fuch a thing fpoke
of.i bvi.t at the reading of it 1 was not
prefent, to the beft of my remembrance.

Foreman. What date. Sir, was the war-
rant for n'iV Lord Shafcibury's commit-
ment ?

Secrcicry. I refer myfelf to the warrant,
for that I don't know the date.

L.C.'J- Mr. Secretary, you muft fpeak
about the time that it was.

Secretary. Sir, I was the man that had
the honour to fign that warrant bv' which
the- Serjeant at Arms did apprehcad.my
Lord Shaftibiiry, but what, day of the}
month I do not remember-, and therefore I
refer niylelf, if you pleafc, to the warrant,
and to the Serjeant at Arms.

Fortn:an. What month was it ? '■

Secretary. Sir.

Foreman. About what month .^

S^'iretary. July. i

Fvreman. The beginning of July ? |

Secretary. Sir, I do not rem.-mbcr the
day precifelf-, for L did not forefee that.
qucllion would be afked me.; but I refer
myfelf to the warrant, and that is beyond i
all doubt. I

Foreman. I fuppofe all thefe witneffes !
that are examined, were examined befoft j
the committee. I

Secretary. Sir, They were examined, and
I \vas prelent at the examination. j

/•Vy^ttV;/-;. All of tiiem? . I

Secretary. 1 dcn't know v.jiether all of |

tliem •, but I am fure I was at the exa- 1

niination of fevcral of them.

FereiMn. How many. Sir ?

Secretary. I can't tell truly how many.

F'. reman. Call Mr. Booth.

. . ' . I Ko, 2 t.

Officer. He is not here, the tipftaffhas
him fomewhere.

Foreman. Is that witnefs a prifoner i'

L. C. J. Booth is a prifoner.

Foreman. Then call Mr. Tubervile.

Papillon. Is Mr. Tubervile there?

Officer. Here is Mr. Booth come now.

Godfrey. Put Tubervile out again.

Foreman. Mr. Bootli, you told me of a
difcourfe that paft between the Lord Shaftf-
bury and yourfelf, we defire to know where
it was, and when.

Booth. It was in Thanet-Houfe, Sir,
where he lived, about a week or ten days
before the Parliament fat at Oxford.

Foreman. The precife time.

Booth. I cannot be more precife.

Foreman. V/ho introduced you ?

Booth. I think one Mr. VViifon led me
into the chamber.

Fgreman. Who was prefent when the
difcourfe v>7as ?

Booth. None but he and I, Sir.

F.C. J. If we have thefe noifes, we will
have every one of you put out of court.

Att. Gen. Richardfun, Kichardlbii, pray
turn them all out -, they are brouoju in on
purpofe.

Booth. It was. not the firll, fecond, nor
third time tiiat 1 had v/aited upon the Lui\l
of Shaftfbury.

Foreman, In what room was it that my
Lord fpake thofe words to you ?

Booth, It was in the room he ufuallv fcts
in, on t!ie left hand as we came out of the
long gallery, I think we paiTcd through a
room before it, wainfcotttd about, as I
rem.ember, and hung. I liave been in that
room' wich him four or live times, 1 am
fure. ;

Foreman. After this dil'courfe with you,
how long vvfas it before you Ipake of it to
any botly elle }

Booth. Truly I think I diJ not publifh

this difcourle that my Lord aad i had,

6 F from

4:^8 A COLLECTION

from the time it was, till within this feven {
or eight weeks.

Foreman. You were never examined be-
fore then as a witnefs ?

Booth. No, Sir, I never was, nor no
■ body will pretend it, I fuppofc.

t'sreman. To whom. Sir, did you give
yonr firft information ?

Booth. Sir, I fent my firft information
in writing to the Lords in the council.

Foreman. By whofe hand ?

Booth. Ky the liand of Walter Ranes.

Foreman. You had fcveral difcourfci
with him-, liad you-cafy admifllon, or was
it with difficulty you came into Iiis com-

o F TRIALS.

Were yoti ever an Attorney's

pany r

Booth. I was adm'ttcd by the influence
of Captain Will^infon at firft, and ever after
went with him, and Iiad cafy admittance
.and famiHarity with him.

Foreman. "Was he with you every time ?

Booth. No, not every time •, he was not
this time v\ith me.

Foreman. Did he talk to this purpofe
.every time ?

Booth. Something to this purpofe he did
talk every time, but not fo fully •, for I
was firft acquainted with this bufinefs of
Oxford by Captain Wilkinfon, and I had
a great defire to undcrftand it from my
Lord's own mouth, becaufe I would be fa-
tisfied in my Lord's intereft as well as his
conduct.

Foreman. Pray, Sir, what education
have you had .-'

Booth. I have had the education of a
gentleman, an academical education.

Foreman. Were you ever in orders ?

Booth. Yes.

Foreman. Do you own yourfelf to be in
orders ftill ?

Booth. How do you mean to be in
orders .' I tell you I was in orders •, but I
am not now beneficed.

Foreman. Do you officiate as aMinifter.''

Booth. No.

Foreman.
Clerk >

Booth. Never.

Foreman. Or a Juftice's Clerk .?

Booth. Never; nor to no mortal.

Foreman. Were you ever indifted for any
felony?

Bcoth. No.

L. C. J. That is a queftion not to be
an<cd by any juryman of any witnefs what-
foever : no man is bound to difco, er any
thing of that nature that is criminal, con-
cerning liimfelf.

Foreman. If he be pardoned, my Lord,
he miiV.

L. C. y. Pardoned, or not pardoned, he
is not bound to accufe himfclf, nor to fix a
fcandal on himfelf.

Booth. No, my Lord, Nemo tenetur fe-
ipff^m prodere.

T . C. J. Sir, we muft not fufl'er fucli
queftions ; I will tell you the renfon : it is
proper for a priibner that ftands upon his
juftification to objefl It, but then the pri-
foner muft prove it : it lies upon him to
prove it.

Papillon. Mr. Booth, you told us of fifty
men that were lifted under Captain Wil-
kinfon, do you know any more of them ?

Booth. I never diredly converfed with
any other.

Papillon, Did you know any more of
them ?

Booth. No, not directly I did not, but
only by Captain Wilkinfon's information.

Papillon. How many ftories was that
room where you talked with my Lord .''

Booth. One pair of ftairs, as I remem-
ber.

Godfrey. Was it the right hand as you

think fo.

Was it the right hand or the

came in r

Booth. I

Godfrey.
left?

Booth. I went into the long gallery firft,
and ftayed there about a quarter, or half an

hour v

A COL LECTIO

hour; nnd I rcniciTibcr very well I looked
upon fome maps that were there, to divert
niyfclt a while ■, and wJien I was called in,
went out ot the gallery on the kft hand,
and went through another room before I
came into my Lord's room.

Foreman. Did you never hear my Lord
fpcak treaibn in any houfe but his own ?

Booth. I never had occalion to hear this
dircourfc from my Lord, but in his own
houfe; I never waited upon him in any
ether houfe.

Foreman. Was you never defired to be a
witnefs againrt my Lord Shaftlbury .?

Booth. Not till I intimated fomething of
it.

Foreman. Who was that to ?

Boctb. That was to Mr. Banes ; I told
you before fo.

Forenian. And what then ?

Boctb. When he told me of this bufinefs
with tlie Yorkfhire Attorney Brownrigg, 1
did fay again, I did not know what my
Lord had done, as to any thing of Irifh-
nien, but I was fure there was fomething
as to Engliflimen, as to that purpofe.

Foreman. Did he propofe any reward, or
any thing of that nature }

Booth. Not a farthing j for I think he
had no com million to do it.

Foreman. Are you acquainted with one
Callaghan and Downing, two Iriflimen.^

Booth. No.

Godfrey. Were you never in their com-
pany ?

Booth. Not that I know of.

Godfrey. Did you ever hear theirnames.^

tooth. I don't know that I have.

Foreman. Were you in their company
lately ?

Booth. Not as I know of. I do not re-
member either their names, or their per-
fons, nor do I knov/ them from otiier
men.

Foreman. Do you know one Mr. Shtl-
den ?

479

N OF TRIALS.

Booth. No.

Foreman. Do you know one Mr. Mar-
riot ?

Booth. No, Sir: I have heard of one
Marriot that did belong to my Lord Duke
of Norfolk.

Foreman. When were you in his com-
pany ?

Booth. Never that I know of.

Foreman. Has no body dilcourfcd you
from him ?

Booth. No, nobody.

Foreman. Did you never hear of any wit-
nelTes he fent to his tenants ?

Booth. I have heard from Banes about
Brownrigg, about Irifh witnefles.

Godfrey. Did you never hear of any Irifla
witnelles lent down by Mr. Marriot to the
TQe of Ely ?

L. C. J. We gave you all the liberty in
the world, hoping you would afk pertinent
queftions, but thefe are trifles. I did not
expcd that any wife men would have asked
thefe queftions. Mr. Godfrey, was it to
the purpofe whether Mr. Marriot fent any
Irifli witnelles to his tenant, or no .'' What
is that to this bufmefs .-'

Foreman. My Lord, I have it under the
hand of the Clerk of the Council.

Booth, Pray, Sir, did any inform you
that I had any correfpondence with this
man ?

L. C. J. Nay, Sir, you mufi: ask no
queftions.

Godfrey. Mr. Booth, do you go under no
other name but Booth ?

Booth, No, nor never did in my life.

Booth. My Lord, I cannot go in fafety
here for the tumult.

L. C. J, Let the officers fecure him :
Mr. Sheriff", look to him, that tlie man be
fecure and fafe ; I will require him at your
hands elfe.

Sheriff Pilkington, What ftiould I do .?

L. C. J. Send

A COLLECTION

480

L. C. J. Send your officers to protefl:
him, as becomes you, that he may be fe-
cured from the rabble here.
Mr. Turbervile.

Foreman. Mr. Turbervile, when you had
this dil'courfe with my Lord Shaftsbury,
who was prcfent with you ?

Turbervile. One ot iiis lervants ; truly I
-cannot tell his name.

Foreman. Nobody elfe ?

lurbervile. I know ilie name of none of
his fervants, but Mr. Sheppard, I cannot
remember any body elfe.

foreman. Did he carry, you up to my
Lord ?

TurlcrrJle. It was he, I think, told me
i might go in : I was in the dining-rooni.

Foreman. What time was this ?

Turbervile. In the morning.

Foreman. What time was it when you
had this difcourfe v/ith my Lord Siiaftf-
bury .''

TitrbervHc. It was in February.

Foreman. What time in February ?

Turbervile. About the beginning ; 1 can-
not tell.exaftly to a day.

Foreman. How long was this before you
ccmmunicated this to any body ?

Turbcivik. It was about the fourth of
July.

Foreman. Then you concealed it from
February to July : Who did you commu-
nicate it to firft of all ?

Turbervile. The tirlT: depofition
was to Mr. Secretary.

Foreman. Which Secretary ?

Turbervile. Secretary Jenkins.
■ Foreman _ Pray, whjit room was
had this difcourfe in ?

TurbervJlr. iiir, it was tlie room ai; the
upper end of the dining-room -, [ tliink
they call it the dining-room ^^ at the upper
end of the room, and turns on the left hand
where he lay.

Foref^an. F)id you meet with nobod)
about the beginning of July, after my

o F

TRIALS.

gave

you

Lord's commitment, and tell them when
you were challenged, and told you were to
be a witneis againft him, as you were alive
you knew no fuch thing ?

An. Gen. My Lord, this is not to be
allowed: This is private inrtrud ions which/
the jury are not to take.

Foreman. No, Sir, it is not private in-
ftruftions. Did you not fpeak fuch words
to William Flerbert ?

L. C. J. Have you had any information:
concerning this to Mr. Herbert.

Foreman. My Lord, I have a long time
ago. My Lord, fuch a perlbn did tell me-
fo and lb, and fet down the day ; and he
then laid he was very angry with him.
for it.

L. C. y.. Look ye, Gentlemen, what
difcourfe you take up at random in every-
cotfee-houfe ? Is that fit to be brought in',
when trealon is in queftion againit the
King's life ? Are thefe coffee-houfe dif-
courfes, do you think, ground enough for
you to cavcl at perfons, becaufe you have,
lieard this difcourfe in a coffee-houfe }

Foreman. My Lord, I never was in a.
coffee-houfe in my life with Mr. llerbert -,
but he declared this to me fome monthi.
ago.

L. C. y. And, you think this is ground
enough for you againft him ?

PtipUlon. My Lord, we only ask thi.s-
queftion, whether he hath not contradidted
this, or faid the contrary to any body
elfe ?

Turbervile. I do not remember that ever
\ fpake one word to Mr. Herbert in my
life ; and I can give you one realon : For
I was difcarded by all people of my Lord's
intereft at that time ; and if I had given-,
under ,jny hand that I had known nothing
againft him, I believe I might have been in.
their favour as much as before.

Papillon. Were not you one that . pe-
titioned to the Comnion-counciijn Lan-
don .''

Turbervile.

A CGLLECTIO

TurhervUe, I did, Sir.

Papillon. And did not you declare then
that you were tempted to witnefs againlt
your confcience ?

Turhervite. 1 believe I never read the pe-
tition : 1 was drawn by the order of Mr.
CoUedge, by a man that lives about Guild-
hall ; bv a fcrivener about Guildhall •, and
I' figned- that petition, but never read it,
nor knew what was in it.

L. C. J. Mr. Richardibn, any you of-
fix:ers, watch by thofe men that make a
noife, and bring me in one to niake an
example.

^urbervile. My Lord, I go in danger of
ray life, for the people threaten to Hone me
to' death, and I cannot go fafe to my
lodging.

Papillon. What was your defign in fign-
ing that petition ? what did you look tor ?

lurhervile. The defign was that the city
fhould take care of us.

P.dpillon. Were you in a poor condition ?

Turbervile. Truly I was not very poor, I
though-I was not over full of money. I

Papillon. It is a llranpe thing that you |
(hou'.d petition for relief, if you were not
in want.

Tui'O^rvile. We were told by fome mem-
brrs of the Houfc of Commons, that there
was a vote in the Houfe of Commons ready
to pals, that tliC city fhould advance money
for the fupport of the witnefles, and that
we would i^ctition that they. would anfwer
the defign of the Parliament.

Papillon. What members were they ?

'Tp.rheivile. It was a member of the
Houfe of Commons that told me (o,. I will
affure you, two of them.

Papillon. Did never any body move you,
or defire you to be a witnefs in tins cafe
againft my Lord Shaftfbury .?

Turhervile. Nobody in my life. When
! came to Ipeak the truth of what I knew,
I did it voluntarily.

Papillon. You did it voluntarily ?

Vol. L No. 21.

N OP T R I A L S. 4R1

liirhtwile. I did, I will affiire you.

Papillon. Do you know any thing more
ilian what you have laid here ?

Turhervile. No not one tittle,

Papillon. Mr. Turbervile, I defire to be
f.tisfitd in one thing, whether my Lord
Shaftfbury was committed before or after
your information ?

Turbervile. Truly, Sir, I cannot tell po-
fitively, as to that point ; but I believe it
was before ; I cannot tell.

Papillon. Did you hear my Lord fpeak
thefe words in any other room or place .^

liirlcrvile. No, indeed, I did not.

Papillon. It was about the fourth of July,
you fay, your depofitions were taken .''

Turbervile. vibout that time, I fuppofe

the fourth of July 1 hope your Lord-

fliip will take care tliat wc b.c not km ckul
on the head.

L. C. 'J. That we give in charge to Mr.
Sheriff; and fee you do take care of the
Kino's witnelles at your peril. It is a re-
fleftion, not only upon the government of
the city to fuffer tliele diibrders, but upon
the whole kingdom : therefore, Mr. SheniT,
look the witnefles come by no- hurt.
Mr. Joiin Smith.

Papillon. Mr. Smitli, the jury afic yoii a
queftion, whether or no you did not ufe to
go by tl]e name of Barry ?

Smith. Sir, what names I have gone by
is not pertinent to this purpo'.e •, I tell you
I have gone by kveral names, as all Popifli
Prielts do.

Papillon. Did you never go by the name
of Bairv .?

Smith. If may be I misiit : I have pone
by leveral names, as all I'opilh Priefis
do.

L. C. J. Did you ever go by t' e name
of B.irry r

SiJiitk. I did, my Lord i it is ufual for
Popifh Priells lb to do.

Papillon. ^^'hac reiig'on aie you of, Kfr.
Smith.

G Smith.

482

A COLLECTION of TRIALS.

Smith. I am a Proteftant, Sir.

Papilion. How long have you been a
Protcdanc ?

Smith. Many years.

Papilion. When were you firfl converted ?

Smith. Firft converted ?

Papilion. Ay, to tlie Proteftant religion :
you fay you have been one many years ?

Smith. I have been a Proteftanr, and was
perverted to the Popifii religion, and after-
wards became a Prottttant again.

L. C. J. Bring in one of thofe mtn that
make the noilc. C.innot you bring in one
of them ?

Papiilon. When did you receive the facra-
ment ?

Smith. \ bclitve not above three months
ago, as the Rtclor of Bow-Church will in
fcriri you : 1 have it under tlie church
wardens hands in other places in London.

Piiji'lon. Have you been d^rfiied to be ?.
witnels, or did you do it voluntarily ?

Smith. Never defired, I declare it ; 1
did it voluntarily mylelf.

P.pilhn. When did you give in youi
evidence firft ?

Smith. Truly I cannot exaftly tell when
I gave it in ; I did not keep an accouni
of it.

Papiilon. What n-.onth ?

Smith. I cannot tell.

Papiilon. Was it before my Lord was
committed, or after ?

Smith. I believe it might be a little after.
Whether it was before or after, 1 cannot
exadly tell.

Papdlcn. 'l"o whom did you give your
information ?

Smith. My Lord, they commanded the
people to ftone us to death.

L.C. J. Who did?

Smith. Several perfons, and when we
were at the tavern, Dr. Otes's man came
out and gave the rabble a bottle of wine,
aad bid them knock us clown.

L. C. J. Do you know what tlie man's
name is ?

Otes. I know nothing of it, my Lord.

L. C. 7. What is your man's name ?

Otes. I keep half a dozen men, mjr
Lord.

L. C. J. I hope you keep no men to
aflVont the King's witnefles.

Otes. No, my Lord, it is a miftake, I
know nothing of it, we went thither to re-
frefti ourfelves.

Papiilon. Mr. Smith, who did you give
your information to ?

Smith. What information ?

Papiilon. The firft information.

Smith. My Lord, am I to anfwer to thcfe
queftions.''

L C. J. Ay, anfwer them, tell them.

Smith. My Lord, the information, I
gave in to Secretary Jenkins, but I gave
notice long betore ot what I intended to do
to other perfons.

Papiilon. When did you hear thcfe words,
fpeak to I he time exadly ?

Smith. Which words do you ask ?

Papiilon. Thofe you mentioned even
now.

Smith. Sir, if you pleafe, I know you
take all in fhort hand, if you ask me what
words, I will tell you, for if I do not
cxprefs myfclf in the fame words as before,
you will take hold of me.

L. C. J. I will tell you this, this may be
an ill qucftion, for he told you, he had
difcourfed my Lord Shattsbury at a great
many times, and that at fometimes he faid
thefc words, at other times other words,
and for you to catch him upon a quellion,
it doth not fliew a fair inclination.

Papiilon. My Lord, under your Lord-
fhip's favour, we only defire to difcover the
truth, we are not for catches.

L. C. J. Ask him then which of the
words you would have hini declare the
time of, and he will tell you.

Papllon,

A COLL

F^piHon. Let him fpcak his own words,
it was about the time vvlicn Hetherington
went thither.

Smith. Truly I will anfvver that as punc-
tually as I can, the month or day 1 cannot
well tell, but the perfon that came for me
was Major Manly; and he came to Bethel's
club, what time that was, I cannot fay,
but if you plcafe to inform yourfelves of
thole gentlemen that I name, I believe they
will tell you Mr. Bethel was there prefent,
and knew very well I went to mv Lord
Shaftlbury that night, and returned to the
club again.

Godfrey. Was it in the evening or the
morning ?

i:m!th. Mr. Godfrey, clubs are ufually at
night I fuppoiV, you know that was.

Papillon. Where did you fee my Lord
Shaftsbury ?

Smith. It was in his dining-room.

Papilion. Did you hear thcfc words in
any other place, or at any odicr time, or
any treafonable words againft the King ?

L. C. J. Look you. Gentlemen, he told
you of feveral other words at feveral other
times.

Papillcii, But he faid all at his houfe, j
my Lord. j

L. C. J. Ay, but at feveral times.

Smith. I know Mr. Attorney, what the
gentlemen would be at very well.

L. C. y. Anfwcr them whether you did
hear him fpeak any words that you conceive
treafonable at any other time ?

Smith. I did not indeed.

Papillon. In another place ?

Smith. I do fay 1 did not.

Papillon. Did you petition to the Com.-
mon-councll ?

Smith. No, Sir, I never did,

Papillon. Are you an Lnglifliman or an
Irifhman ?

Smith. That's no matter, no more than
if I were a Frenchman or a Duttiiman,

/.. C. J. Give them an account wlittlicr
you are an Englifliman or an Iriflimun.

ECTION OF TPvlA

L S. 4R3

Smith. My Lord, I beg your Lordfldp's
pardon for that, if I were an Irifhman,
whether thereupon my evidence would be
prejudiced.

L. C. J. Look you, Mr. Smith, I do
hope the Gentlemen of the Jury have more
difcretion among them all, than to think
that an Irifhman is not a good witnefs, I
hope they are not fuch perfons.

Smith. My Lord, if you pleafe whilft I
was in the city amongft them, I never pe-
titioned to the city, I never had a farthing
from them, nor ever fpake to any for it, I
never had occafion for it, but if I had,
it is probable I have enough in England,
and other places, without being beholdea
to your Common-council.

L.C.J. Will you ask him any more
queftions.

'J'lry. No, no.

Papil'on. Is Mr. Smith gone ? I would
ask him one word, we would fain know
what allowance you have, or what you re-
ceive, if yjou have any allowance, from any
' body ?

Smith. From whom ?
Papillon. Nay, I know not from whom :
I ask whether you have any from any
body ?

L. C. J. Look ye. Gentlemen, is that a
queftion that is pertinent ? I wonder you
will go to fuch queftions : we allowed you
to ask queftions yourfelves, becaufe we look
upon you as men of reafon.

Papillon. My Lord, I do not know but
it may be a proper queftion to ask him if he
have any allowance from any man upon this
account.

L. C J. Upon vvhat account }
PapiHor.. Upon this accounr, if he fays
he has none 'tis an anfwer.

L. C. J. Do you intend your queftion,
whether he is bribed to give evidence, if
you mean h, fpeak plain.

Piipillon, V\'c ask if lie have allowance ?

Smith.

4?4

A COLLECTION

6 or

OF TRIALS.

Smith. You don't ask me how the
700I. was made up.

L. C. J. You that are upon your oaths
Ihould have a care what you do.
Bryan Haynes.

Papillon. Mr. Haync^, when did you
give in your information upon this matter.''

Haynes. Againft the Earl of Shaftfbury,
Sir .?

Papillon. Ay.

Haynes. The day that I was taken by the
meffenger,

Papillon. That was before my Lord was
committed, was it not .''

Haynes. Yes, Sir, it was before my Lord
was committed.

Papillcn. Did you ever make any other
information to a Juftice of the Peace?

Haynes. Not of my Lord of Shaftfbury.

Papillon. Nor touching this matter .''

Haynes. No, not any information upon
o.uh, I may have difcotirfed with a Juitice
of the Peace.

Papillon. Did not you give in an infor-
mation of a dcfign againft the Earl of
Shaftfbury..

Haynes. To none but to Secretary Jen-
kins.

Papillcn. You underftantl the queftion,
whether you did give no information of a
defign againft my Lord Shaftsbury to fome
Juftlce of the Peace ?

Haynes. No, no, to none but Mr. Se-
cretary Jenkins.

L. C. y. You do not obferve his
queftion, did you ever give to any Juftice
any information of a dcfign againft my Lord
Shaftsbury.

Haynes. Yes, my Lord, I did, to Sir
George Trcby, i made affidavit before
him.

Papillon. ^Vhen was that ?

Haynes. I thmk it was in March laft.

Papillon. What was that defiga againft
my Lord Shaftsbury ?

Hayes. The defign was what Mr. Fitz-
gerald told me, he told me he gave under
his hand to the King, that the Earl of
Shaftsbury did refolve to let the crown
upon his own head, or otherwife to turn
the kingdom, into a commonwealth.

Papillon. Fitz- Gerald told you this, and
fo you made affidavit of it .?

Haynes. Yes, before Sir George Treby.

Papillon. What time .'

Haynes. It was before the Parliament met
at Oxford.

Papillon. So you fay the words were;.
when were tJie words fpoken that you mth-,
tioned ?

Haynes. The words againft my Lord ^

Papillon. Ay.

Haynes. He fpake them to me a little
before 1 made affidavit -, I cannot tell pofi-
tively the time.

P^.pillon. That was before his commit-
ment.

Haynes. Yes, yes, my Lord was com,
mited in June laft, this affidavit was
made in March laft, before the Recorder .
of London.

L. C. y. North. W^hen you ad< him
about the information of the defign againft
my Lord Shaftsbury, he lays that was in
March laft; and when you ask him about
the evidence he gives now^ that was the
fame day he was. apprehended by the mei'-c
fenger.

Papillon. About June you fay it wasj
that you fay you gave in the information
againft my Lord Shaftsbury.

Haynes. The information I made againft
the Lord Shaftsbury was in June laft, the .
28th as I take it,. of June laft.

Papillon. Where was it you had this dif,
courl'e ^

Haynes. I had fcveral conferences with
my Lord.

Papillon. Did he every time fay the

ame .

Haynes^

A COLLECTIO

liaynes. The laft time I fpake with him
was in Ironmonger-Lane, forMr. Whitaker
told me he would fpeak with me, and he
would fain have me explain mylelf, what
I did mean by the tall man I mentioned in
the narrative j and I went to the houfe,
and they told me he was there,, and I fent
up a note, and he defired me to come up ;
but I fent word I did not care to come up,
becaufe I would not be known ; and fo he
fent me word to meet him after dinner-,
and when 1 came, my name is Haynes, my
Lord, faid I, and I led his Lordihip by
the hand and went in there. I had, I be-
lieve, a whole hour's difcourfe with him ;
and pray, my Lord, faid I, among other
queftions, what religion is the King of?
Truly, fays he, Mr. Haynes, he hath no
more religion than an horfe ; for, faith he,
they fay, Sir, he was inclined to Popery
when he camefirft to England, fays he, he
had a tinfture of Popery, and was much
inclined that way, but fmce he was dege-
nerated from all the principles of Chriftia-
nicy, for he is juft like a perfe(5t bead.

Pr,pilio7i. This you fay was in Iron-
monger-lane.

Haynes, Ay, Sir, at a paftry- cook's
Ihop.

Pafillcn. What time was it ?

Haynes. After dinner in the afternoon.

Paptlloti. In June, or when ?

Haynes. I cannot tell what timepofuively,
it was about the time of the trial of Fitz-
Harris.

Pap. Was it the fame time he fpake about
the Duke of Buckingham ?

Haynes. No, no.

Pap. When was that ?

Haynes. That was when I was with him
at his own houfe, and defired him not to
expofe me.

Pap. What time ?

Haynes. I cannot tell, Sir, for I never
thought I fliould be called to an account
for It, and I cannot keep an. almanack in

Vol. I. No. 21,

N F T R I A L S. 4/?j

my head ; and I defired them not to ex-
pofe me to the King's fury, for I heard tiie
King was difpleafed with me. No, fays he,
you are mlftaken, this is the bell opportu-
nity we can have, and if he will not give
you a pardon, we will raife the whole king-
dom againrt him in arms ; and then he
makes himfelf the mafter and author of the
plot, and confequently he mufl: expedt to be
ruined, unlefs he grant you a pardon.

Pa. Did you ever hear any other words
than what you have now tedified ?

Haynes. Yes, Sir, for I difcourfed with
him in Ironmonger-lane a great v^hile, and
told him, that our only and beft way to
have our ends of the King, was to raife a
rebellion in Ireland, and that I had relations
and friends, and could get difcontented per-
fons enough, and his Lordfliip would do the
work here.

Pa. What, did you propound a rebellion
in Ireland .''

Haynes. I offered to go beyond fea, and
that now was the beft time to raife a re-
bellion in Ireland •, and he faid that was noi:
the beft way, for they had other means to
take, and fo the difcourfe was waved.

Pa. And is that all ?

Haynes. That is all I remember now.

Pa. Do you know of any other place or
time ?

Haynes. I was with him at his houfe.

Pa. Were you ever a witnefs for my Lady
Windham, or againft her ?

Mac. No, Sir, but ftie arretted me be-
caufe I faid 1 lay with her.

John Macnamarra.

Pa. Mr. Macnamaria, when was ic you
had this difcourfe with my Lord Shaftlbury,
what is the time, as near us you re-
member .?

Mac. In March and April laft. Sir.

Pa. Twice then do- you fpeak of?

Alac. Yes, Sir.

Pa. Which is that that was in April ?
6 H Mac. .

486 ACOLLECTI

Mac. That was the laft, the laft difcourfe
was in Apiil. '

Pa. To what purpofe was that ?

Mac. Mv Lord iVud that the King de-
fcrvtd to be depofed as much as King
Ri.hard the Second did.

Pa. In April you fay.

Mac. In April.

Pa. When did you give information cf
this ?

Mac. I cannot exactly tell, Sir.

Pa. Repeac what you faid.

Mac. 1 hat the King deferved to he de-
poled as much as King Richard the Second,
and that he took the Duchefsof Mazarine's
advice in every particular, which was the
woril of womankind.

Pa. What time in 7\pril was this ?

Mac. It was in the beginning of April.

Pa. Where ?

Mac. In his own houfe.

La. V\^ho was prefent ?

Mac. There was Mr. Ivey by.

Pa-p. When did you make infonnation
• of this ?

Mac. I cannot tell, it was a good while

ago.

Pap. Was it before his commitment .''

M.ac. Yes, Sir, it war,.

Pap. To whom did you give informa-
tion ?

Mac. To the Secretary of State, Sir,

Pap. Which of them ?

Mac. Mr. Secretary Jenkins, Sir.

Pap. Did not you petition the common-
council, Sir, for relief ^

Mac. Yes, Sir, I fjgned a petition that
was drawn up, but I did not fee it till it
. was brought to me to fien.

Pap. Did you read it.

Mac. No. I never read it neither.

Pap. Nor don't know what is in it .?

Mac. No, nor don't know the contents
of it.

Pap. My Lord, in that petition they fay,
they were tempted to fwear againft their

ON OF T R I A L S.

confciences, and that fome of the witne'lTes
had m.ade fhipwreck of their confciences ;
we aflc them now, and they fay, they do
not know what was in the petition : if we
fhould a(k them who tempted them, and
who thole witnefles were, that made fliip-
wreck of their confciences, it would fig-
nify nothing ; for fince they do not know
what was in the petition, it is in vain to ask
them any more.

Mac. For my part, my Lord, I never
faw. it till it was brought tome to be figned,
and do not know the contents of it •, but I
heard Mr. Colledge that was executed at
Oxford, was concerned in promoting the
petition, by my Lord Shaftsbury's advice.
Dennis Macnamarra.

Pnp. Dennis Macnamarra, tell us how
.you were introduced to my Lord Shafts-
bury, when you had this difcourfe ?

t). Mac. By my brother, Sir.

Pap. What, he that was here laft }

Mac. Yes, Sir.

Pap. He introduced you ? -

Mac. Yes, Sir.

Pap. When was it ?

Mac. It was in March laft, the latter
end of March, or beginning of April.

Pap. Cannot you tell which of the
months ?

Mac. No, I cannot be pofitive in it.

Pap Who was by ?

Mac. There was Mr. Ivey.

Pap. No body but Mr. Ivey ?

M(^c. No body but Mr. Ivey and my
brother.

Pap. Where was it ?

Mac. ft was in his own dining-room.

Pap. Were none of his fervants in the
room ?

Mac. Not that I know of.

Pap. Are you fure none of his fervants-
were there ?

Mac. Not that I know of.

Pap. Did you hear any thing elfe, at any
other time ?

Mac.

A COLLECTIO

Mac. No.

Fap. Nor in any other place ?

Mac. No.

P^ip. When did you give in this infor-
mation .''

■ Mac. I gave it in a good while ago, Sir,
1 cannot be pofitive.

Pap. Was it before my Lord was com-
mitted ?

M^n\ Yes, a great while.

Fap. To whom did you give it ?

Mac. I gave it to the Secretary of State.

Jury. Cannot you remember how long
it was before ?

Mac. No I cannot at the prefent.

Pap. Whichof the Secretaries ?

Mac. Secretary Jenkins.

Pap. My Lord, I only propofe, whether
ve may not ask whether he have not a
pardon, for it would be a fatisfaftion to us,
for fome reafon.

L. C. J. North. Look you here. Gentle-
men, when the prifoner makes exceptions
to the witneffes, then it is proper, but here
are no exceptions to the witneffes.

Pap. My Lord, we make no exceptions,
but we muft fatisfy our conl'ciences, that
we mull: do, and that is very much, as we
find the credibility of the witneffes.

L. C. J North. Gentlemen, what do you
mean, that he fhould have a pardon for ?

Pap. For crimes.

North. You muft not ask him to accufe
himfelf.

Pap. If he hath a pardon he is mjlatu
quo ; fuppofe, my Lord, fome of them have
been guilty of poifoning, fome of felony,
fome of robbing on tlie highway, we do but
ask them if they be pardoned ?

L. C. J. North. A man mud not be im-
peached, but where he may anfwcr for it.

Pap. My Lord, if you do not give us
leave, we muft forbear then.

L. C. J. North. I do not think it pro-
per to ask.

N OF TRIALS. 4^^

Edward Ivey.

Pap. The difcourfe that you had with
my Lord Shaftsbury, when was it, at what
time ?

Ivey. It was a little after the fitting of
the Parliament at Oxford.

Pap. Was it more times than one ?

Jvey. Yes, Sir, feveral times.

Pap. All the fame difcouife ?

Ivey. No, not the fame difcourfe.

Pap. The words that you fpoke of,
when was that ?

Ivey. That was after the fitting of the
Parliament at Oxford.

Pap. About what time was it ?

Ivey. It was about thelatlerend of March
or beginning of April.

Pap. When did you make information
of this ?

Ivey. I cannot be pofitive in that nei-
ther.

Pap. Before my Lord's commitment, or
after ?

Ivey. A while before.

Pap. To whom did you give it ?

Ivey. To the Secretary of State.

Foreman. Who was prefent when my
Lord Shaftsbury fpakethofe words ?

Ivey. Both the Macnamarra's, as I re-
member.

Fore. Who elfe ?

Ivey. Truly, I do not remember any elfe
privy to our difcourfe, neither am I certain,
that both the Macnamarra's were there, one
of them was there I am fureof it.

For?. What was the reafon you concealed
this information lb long, had you no in-
ducement to make it at that time, how
came you to do it then and not before ?
What was the reafon, you fay it was the
latter end of April and May, my Lord was
not committed for a good while after, here
was two months time.

Ivey. I am not certain I)ow long a time
it was before, but I made it as foon as I
could.

Forf

A COLLECTION of

488

Fere. I ask you, whether ycsu know any
thincf either of words, ortreafonable aftions,
or any thingofmy Lord Shaftfbury, fpoken
or acted at any other time or place ?

Ivey. No, 1 have declared what I know, |
as to the particulars. 1

Bernard Dennis,
Papillon. Mr. Dennis, in the morning
you told me fomething about the dilcourle
you had with my Lord of Shaftfbury, tell
me when it was .''

Dennis. It was in April, four or five
days after the Parliament was diffolved at
Oxford.

Papillon. In the beginning?
■ Dennis. In March, after the Parliament
was diirolval at Oxford,

Papillon. It was in March, and where ?
Dennis. In his own houfe, here in this
town, four or five days after the Parlia-
ment was diflblved at Oxford, immediately
after he came home, I do not think he was
at home three days before.

Papillon. Who was prefentwith you then ?
Dennis. There was in the room Mr. Shep-
pard his gentleman.
Papillon. Who elfe ?
Dennis. Some of his fervants, his pages
I fuppote, but whether they did hear this
or no, I cannot tell.

Papillon. Did my Lord whifper it, or
("peak out ?

Dennis. My Lord is not a man of an
high voice, but of mediocritc voice.
Papillon. Did he whifper it in your ear.
Dennis. No, I was juft by him.
Papillon. Who was in the room befides ?
Dennis. No body, only his fervants.
Papillon. When did you make this infor-
mation.

Dennis. I made it in the month of June .?
Papillon. In the month of June ?
Dennis. Yes, Sir.

Papillon. Before my Lord was com-
mitted or after ?
Dennis. Before

TRIALS.

Who did you make it to ?

Papillon.

Dennis. I made my information to the
fecretary of flate.

Papillon. Which of them ;
Dennis. Secretary Jenkins.
Papillon. Wliy did you conceal it fo long ?
Dennis. Becaufe 1 was in the city fo long,
Papillon. Did you ever go about to
mufter your 400 men you had in Ireland,
I aflc you whether you did or no ?

Dennis. Upon my word I did advife
fome of them to be ready.

Papillon. And did you provide them
with arms ?

Den. Not I, Sir, I was not able to do it.
Pap. What religion are you of ?
Den. I am a Proteftant.
Pap. How long have you been a Pro-
teftant ?

Den. 1 have been a Proteftant fince Fe-
bruary laft. And this I muft confcfs, that
when I was in Spain and France, myrefo-
lution was to be a Proteftant.

Godfrey. Mr. Dennis, pray who was in .
the room when you were there ?
Den. The Earl of Shaftfbury, Sir.
Godfrey. Who elfe?
Den. Mr. Sheppard.
Godfrey. Who elfe ?
Den. I cannot name them,
L. C. J. Mr. Godfrey, when another
man asks a queftion, you fliould confider
what is faid and not ask the fame queftion
over and over again.

Pap. In what place in his houfe ?
Den. In his own chamber, in the great
chamber, I do not know whether you call
it the hall or the parlour.
Pap. Was it above ftairs ?
Den. Yes, it was above ftairs, my Lord
does not ufe to fpeak with any below
ftairs.

Pap. Is this all that you know, have you
heard my Lord fay any treafonable words
in any other place, or at any other time ?

DeK.

A C L L E C T I (

Den. In the long gallei-y, in his owfl
"lioufe, at another time.

Pap. Why diii not you fay lb before ?

Piti. I did fay fo before, in the long
gallery he told me he would have a com-
monwealth in England, and extirpate tlie
crown of England, and the King of Eng-
land.

P.7/). Is that all, fpeak all your know-
ledge.

Den. He faid we fliould all Irifli-men
conform ourfelves to a commonwealth, and
by that we Ihould get our eftatcs again.

Pep. I ask you if this is all you have to
fay?

L. C. J. Do you remember any more ?

Pap. More tlian you faid in the morn-

ing '

Den. He faid he would extirpate the
King, and make England a commonwealth,
and that we were fools and filly folks that
did not comply ourfelves to their faflious
party, and that we fhoukl get our ellates,
and that he would get jne a black gown and
a benefice, in the mean time -, and when
all tilings were done he would prefer me to
a better, and not orly mylelf, but all that
were of my name, and would ftick to me.

Pap. Is this all ?

Den. Th'S is all.

Pap. Then you have nothing more ?

Doi. I never fpake to him but in his
own houfe.

Pap. All your kindred are Papifis, are
not they ?

Den. No, Sir, I cannot fay fo, but moft
of them are.

L. C. y. Who can fay that, that quef-
tion no body can anfwer.

L. C. y. Look ye, gentlemen, now you
have asked thefe queltion?, you had bed go
and confider what evidence is delivered,
and weigh well all thofe tilings that have
been faid to you, ard you mufl: confider
your duty, you are to enquire here, whe-
xiier it be fitting for the King to call my

Vol. I. No. 21.

) N OF TRIALS. 4?^

r Lord S!iaf[sbury to queftion upon this ac-
j count of treafonible words.
; ^ap. My Lord, we defire before we go,
[ tliat eitiicr the liw may be read, or we nwy
I have the fl:atute-book up with us.
! L. C. y. The ftatute book was never de-
■ nied, but you fliall have the kiw read here,
; firll: the ftatute of the 23th of Ed. the
Third, and then this lad ftatute.

L. C. y. North. I v,ould lay one tiling,
. becaufe I obfcrved that ibirie of you a^ktd
j the qucftion, whether the Parliament did
j not debate about an alTociation -, whether
I it related to that paper or nc, I am not ccr-
j tain, I hope you will confider that paper
well, for my part I muft needs fay^for my-
i felf, I heard of it, but I never heard it read
before, and never heard the contents of ir,
, but it feems to me to ftiow what thofe of-
j ficers were to do, for the ends of this aflb-
1 ciation, and one of thofe ends as I remem-
I ber (gentlemen, I refer you to the paper,
and hope you will confider it, you are men
of underrtanding) I thought tliat one ot
thofe ends was to deftroy the mercemiy
forces in andabout the cities of London ana
VVeftminfter, and that the govfrnment was
to be by the major part of the members of
Parliament, in the fitting of Parliament,
not with the King, but the major part
of the members of Parliament. Gentle-
men, I may miftake, for I profefs
I fpeak only out of memory ; but it
feems to me to be of great confequence,
and there is great matter to be prc-
fumed upon it, it being found under lock
and key in his ftudy : But 1 iuppofe my
Lord Shaftsbury may give an account of
it, but there is great prefumption upon ir,
it doth not import to be an alTociation by
Aft of Parliament.

Att. Gen. When the Parliament was pro-
rogued or diflblved, then the major part of
the members in each county engage them-
felvcs to follow their command and obey
their order.

6 I L.C.J.

490

A COLLECTION

L. C. J. Norih. Gentlemen, I hope you \
will confider your oaths, and give all
things their due weight.

L. C. y. Will you have the flatute
read ?

Jury. We will read it above.

OF TRIALS,

The Jury withdrew to confider th^
evidence, and returned the Bill Ig-
noramus, upon which the people
fell a hallooing and fliouting.
yllL Gen. My Lord, let it be recorded
this hallooing and hooping in a court of.
Ijuftice.

The Trial of FORD LORD GREY of WERK, Robert Charnock, Anne Char-
nock, David Jones, Frances Jones, and Rebecca Jones. Michaelmas-Term,
Jovis 23. Nov. A. D. 1682.

The KING againft Ford LordGuey of Werk, and Others.

THERE having been an information,
preferred againft the Right Honour- j
able Ford Lord Grey of Werk, and others, j
by his Maiefty's Attorney General Sir Ro- j
bert Sawyer, the firft day of this Michael-
mas term (a copy of which information fol-
lows) and the Lord Grey having then
pleaded to it not Not guilty, and the other
defendants the like afterward, and the King's
Attorney joined iffue upon it -, Tuelday
theziftot November, was appointed for
trial of this caufe ; but it was then ad-
journed to this day, becaufe one of the wit-
neffes for the King was not ready ; but
this day it came on about nine in the morn-
ing, at the King's-Bcnch-Bar, and held till
two in the afternoon, [Sir tranas Pember-
ton, C. J. Sir Thomas Jones, Sir IFilliani
Dolben, and Sir Thomas Raymond.^ all the
Judges of the faid court being prel'cnt.

Firll, proclamation was made for filence,
and then for information, if any pt-rfon
could give any, concerning the mifdemea-
njr and offence whereof the defendants

flood impeached : Then the defendants
being called, and appearing, were bid to ■■
look to their challenges, and the jury being
all gentlemen of the county of Surrey, were
called, challenged, and fvvorn in this .
order :

CI. of Crown,

1. Sir MarmadukeGrefliam,jur, .

2. Sir Edward Bromfield, jur.

3. Sir Robert Knightley, jur.
Sir John Thomplon.

Serj. Jefferies. We challenge him for
the King.

Holt. Then we challenge toutz f.er
avaiie, unlefs the King fhew his caufe of
challenge ; for by the ftatute of 24 Ed. i.
the King cannot challenge without caufe. .

Serj. jefferies. But by the courie of prac-
tice, all the pannel muft be called over be-
fore the King (liev/ his caufe.

ylit. Gen. [5z> Robert Sawyer."] Before
the party can have his challenge allowed, he

muit

A COLLECT ION

tnufl: fhew his caiife ; but they muft go on
with the pannel, in the King's, cafe, to fee
if the jury be full without the perfons dial-
lenged, and that is fufficient.

L.CJj [Sir Fraticis Pemberton.'] If they
challenge any perfon for the King, they
muft fhew caute in due time. For I take
the courfe to be, that the King cannot chal-
lenge without caufe, but he is not bound
to (hew his caule prefently ; it is otherwife
in the cale of another perfon.

Serj. Jefferies. That hath always been
the regular courfe.

Holt. Our challenging toutz per availe,
doth fet all the relt aiide till caufe be
fhewn.

L. C. J. The ftatute is, the King Ihall
fhew caufe ; but when it comes in a cafe
between the King and another party, that
they both challenge, the other party fhall
Ihew caufe lirft.

Holt. My Lord, we challenge toutz per
availe.

L, C. J. You muft fhew a reafon for it
then.

y?//. GeK. The King fliall not be drawn
to ftiew his caufe, if there be enough in the
pannel befides.

V/itliams. That is to fjy then, that the
King may chufe whom he pleafeth againft
the ilatute.

Serj. y^jf^nVx. ■ No, Sir, we defire none
but honeft and indifferent gentlemen to try
this caufe.

L. C. J. The old challenge is taken
away, by that ftatute, from the King,, quia
nonfunl bonipro Domino Rege, and -therefore
if the King challenge any, he muft (hew
caufe, but it muft be in his time, and not
before you (hew yours. Let him ftand by
a-.while.

CL ofCr. John Sandys, Efq.

^f:^]- Jefferies. We challenge him ; for

OF TR'IA-LS; 491:

Serj. Jefferies. We will tell you in good,
time.

CI. of Cr. 4. Sigifmund Stiddulph, Jur.

John Wefton.
Wejlon. My Lord, I am no freeholder. .
Holt. He challenges himfclf.
L. C. J. Well, he muft be fet afide.

JURY.

Cl.ofCr.

5. Thomas Vincent

6. Philip Rawleigh

7. Robert Gavel

8. Edward Bray
q. Thomas Newton

10
1 1

John Hdlfey
Tho. Burrougiis,"-
and
12. John Pettyward,

tut King.

Hclt-, For what caufe. Sir ?

CI. of Cr. Gentlemen, you of the Jury
that are fworn, hearken to your cliarge.

Surry, ff. Sir Robert Sawyer, Knt. his
Majefty's Attorney-General, has exhibited
an information in this court, againft the
Right Honourable Ford Lord Grey of
Werk ; Robert Charnock, late of the
parifh of St. Botolph Aldgate, London, ■
Gent. Anne Charnock, wife of the fiid
Robert Charnock ; David Jones, of the
parifli of St. Martin in the Fields, in the
county of Middlefex, milliner-, Frances -
Jones, wife of the faid David ; and Re-
becca Jones, of the fame, widow ; for that
they (v/ith divers other evil-difpofed per-
fons, to the faid Attorney-General yet un-
known) the 20th day of Auguft, in the
34th year of the reign of our Sovereign
Lord the King that now is, and di*<_rs
other days and times, as well before as
after, . at the parifli of Epfom, in the
county of Surry, falfly^ urdawfuUy, un- •
joftly.and wickedly, by unhnvful and im-
pure ways and means, conlpiring, , con-
:trivjng, pradifi.ng an! intending, the final
,ruin [and drftruftion-.pf -the .Lady ;l ienrietta
Berk cleM,>.t hen ~a virgin unmarri:ed, ,wuhin
the#ageolf) eigliteen years, and one of the
daughters of the Ri^lu Hcnp.ui;a.ble Gep.^e

' Eai'i-

492

A C O L L E C •T'.I O N of

T R

I A

Earl- of Berkeley (the faid L.ady. Henrietta
Berkeley, tlien and there being under the
cullody, government and ediication. of-the
aforefaid.Rjs;ht Konourabie Georj'C Earl of
Berkeley her father) (they the laid Ford

did take, carry and lead away. An J the
faid -i^ady Henrietta Berkeley, truin the
faid -20th day of Aiiguft in th-' year afore-
faiJ, and continually afterwards, unto the
day of theexhibition of this information, at

Lord Grey, Robert Charnock, AnneCIiar- i the parilh of Eplom aforefaid, in the county

nock, David Jones, Frances J-ones, and
Kebecca Jones, and divers other perfons

■ unknow, then-and there, falfiy, vmlawfujly
and deviliihly, to fullil, perfecl:, and bring

. to efFecl, their moft wicked, impious and
devellfh intentions aforefaid ; the laid Lady
Henrietta Berkeley, 'to deferc the aforefaid
Right Honourable George Earl of Berkeley,
father of the aforefaid Lady Henii:-tta •,
and to commit whoredom, fornication and
adultery, and in whoredom, fornication
and adultery to livewith the aforefaid Ford
Lord Grey (the faid Ford Lord Grey, then
and long before, and yet,, being the huf-
band of the Lady Mary, another daughter
of the faid Right Honourable George Earl
of Berkeley, and fiRer of the faid Lady

'Henrietta) ag-sinfl all laws, as well divine
as human, impiouily, wickedly, impurely
and fcandaloufly, to live and cohabit, did
tempt, invite and folicit, and every of ihem,
then and there, did tempt, invite and fo-
licit. And that the aforefaid Ford Lord
Grey, Robert Charnock, Anne Charnock,
David Jones, Frances Jones, and Rebecca
Jones, and other ptrfons unknown, with
force and arms, &c. unlawfully, unjuftly,
and without the leave, and againll the w;ll
of the aforefaid Right Honourable George

'E^l of Berkeley, in profecution of their
moft wicked confpiracies aforefaid -, the
laid Lady Henrietta Berkeley, then and
there, about the hour of twelve in the night
time, of the laid 20th day of Augufl, in
the year aforefaid, at the aforefaid parilli of
Epforn in the county of Surry aforefaid, out
.of the dwelling- houfe of the laid Right
f lonourable George Earl of Berkeley, there
fituate and being, and out of the cuftodv
and government of the faid Earl of Berkley,

of Surrey aforefaid, and n divers lecrec
places there with the faid Ford Lord Grey,
unlav/fuUy, wickedly, and fcandaloufly to
live, cohabit, and remain, did procure and
cauie, and every of them did procure and
caufe, to the great difpleafure of A.lmighty
God, to the ruin and deftru'ftion of the
faid Lady Henrietta Berkely, to the grief
and forrow of all her fiends, and to the
evil and mo(f pernicious example of all
others in the like cafe offending ; and
againft the [)eaGe of our faid Sovereign
Lord the Kmg, his crown and dignity.
To this information, the defendant, the
Lord Grey, and the other defendants, have
feverally pleaded Not Guilty, and for their
trial, have put themfelves upon the coun-
try, and the King's Attorney likewife,
which country you are : Your charge is to
enquire whether the defendants, or any of
them, are guilty of the offence and mifde-
meanor whereof they il:and impeached by
this information, or not guilty : If you find
them or any of them guilty, you are to fay
fo ; if you find them, or any of them not
guilty, you are to fay fo and no more, and
hear your evidence.

For which evidence to come in, procla-
mation was made, and then Edward Smith,
Efq. a Bencher of the Middle-Temple,
opened the information.

Mr. Smith. May it pleafe your t.ordfhip,
and Gentlemen, you of the Jury -, Mr.
Attorney General hath exhibited an infor-
mation in this court, apjainft Ford LortI
Grey of Werk, Rolx'rt Charnock, Anne
Charnock, David Jones, Frances Jones,
and Rebecca Jones, wherein is fet forth.
That the defendants, the 20th of Auguft,
in the 34 th year of this King, at Hplom in

yoiH

A COLLECTION of TRIALS.

493

ur county, did confpire the ruin and
utter deftriidlion of the Lady Henrietta
Berkeley, daughter of the Right Honour-
able George Earl of Berkeley -, and for the
bringing about this confpiracy, they have
feduced her to delert her father's houfe,
though fhe be under the age of eighteen
years, and under the cuftody and govern-
ment of her father; and folicited her to
comnnit whoredom and adultery with my
Lord Grey, who was before married to the
Lady Mary, another daughter of the Earl
of Berkeley, and fifter to the Lady Hen-
rietta. That after they had thus inveigled
her, they did upon the fame 20th day of
Au^uft, carry her away out of the houfe,
witliout the Earl's licence, and againft his
will, to the intent flie might live an un-
godly and diftionourable life with my Lord
Grey. And after they had thus carried her
away, they obfcured her in fecret places,
and fhifted about from place to place, and
continued this cnurfe of life ever fince.
And this the information fays, is to the dif-
pleafureof Almighty God, the utter ruin of
the young Lady, the grief and afHiflion of
her friends, the evil example of all others,
in the like cafe offending, and againft the
King's peace, his crown and dignity. To
this all thefe derendants have pleaded Net
Guilty i if we Ihall prove them or any of
them guilty of any of the matters charged
in this information, you fhall do well to find
them guilty.

Att. Gen. My Lord, and Gentlemen of
the Jury, The courfe of our evidence will
be this. That this unhappy gentleman, my
Lord Grey, has for four years together,
profecuted an amour with this young
Lady ; and when it came to be deteffcd
(fome little accident difcovering fomewhat
of it) my Lady Berkeley did find there was
fome bufinefs of an extraordinary nature
between them, and thereupon forbid my
Lord Grey her houfe. My Lord Grey he
made many pretences to my Lady, that he

. \ou. I. No. 21.

might

come to the houle to give them u
vific before he departed, being to go into
the country ; and he takes the opportunity
to fettle this matter of conveying the young
lady away in a very fliort time. And early
on the Sunday morning, fhe was, by Char-
nock, another of the defendants, conveyed
from the houfe of my Lord Berkelev at
Epfom, and brought here to London. We
fhall in the courfe of our evidence f!:evv how
fhe was fhifted from place to place, and the
fcveral purfuits that were made in fcarch
after her. We fhall difcover to you, how
fhe was hurried from one lodging to ano-
ther, for fear of difcovery. Nay, we fhall
prove, that my Lord Grey has owned and
confefled that he had her, that flie was in
his care and cuflody, and that he owned
the feveral inflances of his amours. Bivt I
had rather the evidence fhould fpeak it,
than I open fo much as the nature of it.

Sol. Gen. My Lord, we fhall call our
witnefTes, who will very fully make out this
evidence that Mr. Attorney has opened to
you. That my Lord Grey did a long time
make love to this young Lady, though lie
were before married to her fifler. This
treaty was di^jovered by my Lady Berkeley,,
laft fummer, upon an accident of furpriz^ng
the young Lady in writing a letter to my
Lord, and thereupon my Lady Berkeley
chargeth my Lord Grey with thele appH-
cations to her daughter that did fo much'
mifbecome him. My I,ord Grey was then
fo fenfible of his fault, that he fcemed very
full of penitence, and afllired my Lady, he
would never do the Hke again, and eainefl-
iy defired her by all mean«, to conceal ic
from my Lord Berkeley; for if this fliould
once come to be known to h'm, he and
the young Lady would not only be ruined,
but it would occafion an irreparable breach
between their two families, and of all friend-,
Oiip between my Lord Berkeley and him. .
And therefore he defired my Lady Berkeley
(who had jufUy forbid him her ho trie for
, 6 K this

494- ACOLLECTI

this great crime) lelt the world (houlJ en-
quire into the cauks of ir, and fo it fiiouki
come to be known, that his banifnment
from her hoiife, might not be fo foon or
fu.-iden : Buc lie begged of her Ladylliip,
that he might be permitted to make one
vifit more, and with all the proteftations ir.
the world affiired her, it was not with any
purpofe of difhonoiir, that he defired to
come and fee her, but that his departure
might be by degiees, and fo the lefs taken
notice of. When my Lady had thus
charged my Lord with his unworthy car-
riage to her family, and he had feemed
thus penitent for it; fhe charges her daugh-
ter alfo, with her giving any allowance to
thefe undecent practices of my Lord's ; (he
thereupon tails down on her knees to her
mother, to afk her pardon for her great
offence, and with tears in her eyes, con-
fefled (he had done very much amifs, and
did humbly hope (he might obtain her for-
givenefs for ir, being young, and feduced
by my Lord Grey, and promifcd (lie would
fee Iiim no more, nor have any thing more
to do with him. My Lord Grey he is per-
mitted to come once more to the houfe,
upon thole a(reverations and promifes of his,
that it fnould be with no diflionourable pur-
pofes in the world. It was, it feems, in
his way to his own houfe at SuHex, but
coming thither, he takes an occafion to
continue there, and (lay a little too long for
a vifit ; whereupon my Lady Berkeley
began to fufpeft it was not a tranfient vilk
he came to make at her houfe, but that he
had fome ill defign in profecution of the
fame fault that he had been fo long guilty
of. And that fufpicion of her's was but too
well grounded, as appeared afterwards.
Our vvitnelTes will tell you, that my Lord
Grey, jull before his departure, was ob-
ferved to be very Iblicitous and earned with
his man Charnock (whom we (hall prove
by undeniable evidence to be the man that
conveyed her away) giving him fon.e di-

O N OF TRIALS.

redions with g'cat earneftnefs, what' to d<5
was mated not heard, buc the event wi'l
plainly (liew it. For my Lord Grey hira-
l:if, he v/ent on his journey into Suifex,
and lay at Guildford that night Ihe was car-
ried away, and the next morning Oie was
mi{ring. Thereupon my Ladv fends aiter
my I.ord Grey, juftly fufpedting iiim to be
guilty of this violence and outrage offered
to her daughter and family, and they over-
took liim at Guildford before he was got
any further on his journey, and there ac-
quaint him the Lady was carried away,
and that my Lady fufpefted (as well (lie
mighty he knew whither. Tiien imme-
diately he makes hafte up to town, and
writes my Lady a letter, that truly he
would take care to reftore peace to the
family that by his folly had been lb much
dillurbed : And there were (bme hopes of
retrieving the matter, that this fcandal upon
lb noble a fiimily might not be made pub-
lic ; for certainly an ofl^ence of this nature
was not fit (hould be lb, nor indeed was
ever heard of in any Chriftian (bciety ; I
am (ure, I never read of any fuch caule in
the courts of law. And it was impo(rible
any way to have prevented the fcandal, but
that which my Lady took, to pals over all,
by defiring to have her child rellored again
to her, before fuch time as it was gone fo
far, as there is too great reafon to fufpe£b it
now is. But after that, my Lord Grey was
(b far from performing what he had fo
(blemnly promifed, and making the matter
up, that he ftood upon terms -, he was
mailer of the Lady, and he would diipofe
of her as he thought fit : Third perfons and
places muft be appointed where fhe mud
be dil'poled of; with capitulations, that he
fhould f.-e her as often as he thought fit ;
which was (if pofTible) a worle indignity
than all that he had done before.

We fliall prove to your Lordfhip, that
he did, a long time before this violence was
offered, make applicatioH to this young

Lady,

A C O L L E C T I O

X-ady, and that muft (as any man will be-
lieve) be upon no good account. We lljall
fhew all the bafc tranfaftions in carrying
away the Lady, after that confidence vvliich
my Lady repoied in h's protcftations to
do nothing dilhonoiirably, ib as to admit
him to make a vifit ; which certainly was
the greatefb breach ot'tlic very laws of hu-
man focictv, againfb all the laws of hof-
pitality, bcfides the great tranlgrenion of
the laws of God and men. Yet even then,
he feduced the Lady away. For wc (hall
plainly prove Ilie was carried away by his
coachman that once was, afterwards his
gentleman, and how fhe was from time to
time conveyed to and fro.

Serj. Jefferies. This ftory is indeed too
melancholy to be often repeated, the evi-
dence had better tell it : Only this one ag-
gravation I would take notice of, which
■will be made out in the proof to you of this
matter charged ; and that is this, That my
Lord Grey, after fuch time as it was known
fhe was in his power, gave one reafon for
his not delivering her up (and I am forry
to fee his Lordihip fliould think it a reafon)
he had enquired how far the law would
extend in fuch a cafe, and that he knew,
and could give a precedent for it (which
the witnefs will tell you of] that the law
could not reach, him ; and that as long as
he had run fuch a courfe for obtaining that
which was his greateft pleafure, he would
not now part with her, but upon fuch
terms, that he might have accefs to her
when he pleafed. To fuch a height of
conikience was this gentleman arrived, in
this barbarous and infamous wickednefs.
But as 1 faid, it is a ftory too black to be
aggravated by any thing but-it by felf ; we
fhall therefore call our witnefTes, and prove
our faift.

About this time the Lady Henrietta
came into the court, and was fet by the
table at the Judge's feet.

N OF TRIALS. 495

j RixXoi Rerkeley. My Lord, my daugh-.
ter is here in court, I defire flie may be
rcllored to me.

Scij. Jefferiss. Pray, my Lord Berkeley,
gi/e us leave to go on, it will be time
enough to move that anon. Swear my

Lady Berkeley (which was done, but

Ihe fccmed not able to fpeak.)

Scl. Gen. I perceive my Lady is much
moved at the fight of her daughter. Swear
my Lady Arabella her daughter. (Which
was done.)

Serj. Jefferies. Pray, Madam, will you
acquaint my Lords the Judges and Jury,
what you know concerning the letter you
difcovered, and how you came by that dif-
covery .'

Lady Arabella. My mother coming to
my Lady Harriett's chamber, and feeing
tliere a pen wet with ink, examined her
where fhe had been writing. She, in a
great confufion, told her Ihe had been
writing her accounts. My mother not
being fatisfied with her anfwer, commanded
me to fearch the room. Her maid being
then in the room, I thought it not fo much
for her honour to do it then, I followed
my mother down to prayers ^ after prayeri
were done, my m.other commanded my
Lady Harriett to give me the keys of her
clofet and her cabinet. When Ihe gave me
the key, flie put into my hands a letter,
which was written to my Lord Grey, which

was to this effeft " My fiftcr Bell did

not fufpeft our being together laft night,
for fhe did not hear tiie noife. Pray come
agen Sunday or Monday, if the lafl, I fhall

be very impatient." 1 fuppofe my Lady

Harriett gave my Lord Grey intelligence
that this was found out ; for my Lord
Grey lent his fervant to me, to acquaint
me he defued to fpeak with me. When
he came in tirll, fhe (I mean my Lady
Harriett) fell down upon the ground like
a dead creature. My Lord Grey took her
up, and afterwards told me, faid he,

"You

496 A C O L L E C T I

" You fee how far it is gone between us ;"
and he declared to me, he h^ no love, no
confideration for any thing upon earth but
for her ; " I mean dear Lady Hen." faid
lie to me •, for I fay it juft as he faid it.
And after this, he told me, he would be
revenged of all the family, if they did
expofe her. I told him it would do us no
injury, and I did not value what he did
fay ; for my own particular, I defied him
and the devil, and would never keep coun-
fcl in this affair. And afterwards, when
he told me he had no love, no confideration
for any thing upon earth but her, I told
my Lady Harriett, " I am very much
troubled and amazed, that you can fit by
and hear my Lord Grey fay and declare, he
has no love for any but you, no con-
fideration for any one upon earth but you,
when it fo much concerns my fifter ; for
my part, it (tabs me to the heart, to hear
him make this declaration againft my poor

filter Grey."

[Here Ihe ftopt a while.

Serj. Jefferies. Pray go on. Madam.

Lady ArchcUa. After this iTie faid no-
ttiing •, I told her I fufpecled my woman
had an hand in it, and therefore I would
turn her away. This woman, when my
Lady Harriet ran away, being charged
with it, Iwore fhe had never carried any
letters between them ; but after my mo-
ther's coming to London, both the porter
at St. John's, and one Thomas Plomer ac-
tufed her that Oie had fent letters to Char-
nock, who was my Lord Grey's coachman,
now his gentleman. I told her tlicn, I did
much wonder, (he being my I'crvant, (houki
convey letters between them without my
knowing: She then confelfed it to me, but
withal (lie told me, " How could I chink
,there was any ill between a brother-in-law
;ind a lifter ?" And upon this flae confefTcd
to me (l^e had (enc letters to Charnock,
though before fhe had forfworn it.

ON OF TRIALS.

j Att. Gen. IMadam, have you any thing
1 further to teftify in this caul'e ? Have you
any matters that you remember more ?

Lady Arabella. There is more of it to
the fame effec^t ; but all of it is only to this
effea.

L. C. J. My Lady Arabella, pray let me
afk you, have you any more to fay to this.
matter ?

Lady Arabella. It is all to this purpofe.
Serj. Jefferies. Then if you pleafe. Ma-
dam, to turn now your face this way to-
wards the Gent'emen of the Jury, who
have not heard what you faid, and give
them the fame relation that you gave to the
court; and pray be plea fed to lean over
the feat, and expofe yourfclf a little, and
let them have the fame ftory you told
before, and pray tell the time when it
was.

Then (he turned her face towards the^
bar.
L.a.dy ylrabella. It was in July, Sir.
Serj, Jefferies. Pray, Madam, tell what.:
happened then.

Lady Arabella. In July laft, fome time •
then, my mother came into my Lady Har-
ricti's chamber, and feeing a pen wet with-
ink, fhe examined her who fiie had been .
writing to. She, in great confufion told
her, Ihe had been writing her accounts,
but my mother was not fatisfied with that
anfwer. — The fight of my Lord Grey doth .
put me quite out of countenance and pa-
tience.

[Here flie ftopt again, .
[My Lord Grey then was by the
Clerks under the bar, and (tood'.
looking very Itedfaftly upon her.]
L. C. J. 1^'ay, my Lord Grey, fit down,
(which he did) It is not a very extraor-
dinary thing for a witncfs, in fuch a caufe,
to be daflied out of countenance.

E. of Berkeley. He would not, if he.
were not a very impudent barbarous man,

look
f

A C (3 L L E C T I O

look fo confidently and impudently upon
Jicr.

Serj. Jefferies. My Lord, I would be
very loth to deni other wile than becomes
me, wich a perfon of your quality, but in-
deed this is notfo handibmc, and we mult
defire you to fit down. Pray go on, Ma-
d.vm.

Lady Jyahella. After this, my mother
commanded me to fearch my Lady Har-
riet's room ; her maid being then in the
room, I thought it not fo much for her
honour to do it then. I followed my mo-
ther down to prayers. After prayers were
done, my mother commanded my Lady
Harriet to give me the keys of her cabinet
and of her clofet, and when ilie gave me
the keys, (he put a note into my hand,
w-liich was to my Lord Grey ■, and that

was to this effed " My fifter Bell did

not fufpeft our being together laft night,
for flie did not hear any noife -, pray come
again Sunday or Monday, if the lafl, J

ihall be very impatient^" 1 fuppofe my

Lady Harriet .gave my Lord Grey intel-
ligence of this, for he fent a fervant to tell
me he defired to fpeak with me. Upon his
fii'lt coming in, my Lady H;:rriet fell up-
on the ground like a dead creature, and
my Lord Grey took her up, and fa id,
" Now you iee how far it is gone between
us-, 1 love nothing upon earth but her, I
mean dear.Lady Hen, (faid he to me,) and
if you do expofe her, I will be revenged
upon you and all tiie family, for I have no
confideration for any thing but her." After
that I told him, v/e defied him, he could da
us no injury-, aad for my own particular,
1 defied him, and the devil and all his
works, and would not have any thing to do
with fuch a correfpondencc. After this, 1
told my Lady Harriet, I was muchtroubled
and amazed, that fhe fhould fit by and
hear my Lord Grey, her brother-in-law,
jay he had no confideration for any thing
on earth but hf-r. " For my part, ;_faid I)

Vol. I. No. 21,

N OF TRIAL S. 497

Madam, it flabs ire to the heart, to hcnr
this faid againft my poor fifter Grey." I
told her I fufpcclcd n^y woman had an hand
in this afHiir, and therefore I would put her
away. Afterwards, the fame day my Lady.
Harriet run av/ay, this v/oman came to me,
and I then told her, " You have ruined
her (and asked her), Why would you fend
letters between my Lord Grey and my
Lady Harriet ?" She denied it, and fwore
fl-iC never did it, but when we came to
London, the porter of St. John's came an;}
accufed her of conveying letters to Char-
nock, my Lord Grey's gentleman, for-
merly his coachman. I then asked her
again about it ; flie then acknowledged to
me file had done it. " Bur, Madam, (faid
fhe), how could 1 think there could be any
prejudice or ill between a brother-in-law
and a fifter-in-law ?" faid I, "Were not
you my fervant i* why did you not tell
me } befides, you know we have all reafon
to hate Cliarnock for a great many things."
This is all I have to f ly that is material, all
elfe is to thefiime effcft.

Serj. Jejferies. Now this matfer bei;i:7
thusdifcovered to the Countefs of Berkelv,
this unfortunate young lady's mother ; fhe
fent for my Lord Grey, and we fliall tell
you what happened to be difcourfed be-
tewen them two, and between the Lady and
her mother, and what promi'es of ar»iend-
ment he made. My Lady Berkeley, pr.iy
will you tell v^hat you kiiow?

[She feemed unable to do it.]

She is very much difcompoftd,

the light of her daughter doth put her cut
of order.

Lady Arabella. I have fomething mr;re
to fay, that is, I told my Lady Harriet, aft--r
my Lord Grey had made his declaration of
his 'ove to my filter, to me, that if ever he
h.id the impudence to name her name to
me, I would immediatciy go torn/ fath'jr
and tell him all.
6 L

4',8 ■ A C O L L E C T I

[Then the Counteis lean'd forward, with
her hood much over her face.]
Ati.Gen. Pray, my Lady Berkeley,
compofe yourii'lf, and fpeak as Joud as you

Ciin,

LndySjr-^-f/.-jy'.Whenl firfl: difcovered this
urih:ip;vy bufinefs, how my lon-in-law, my
]_or<i Grey, was in love with his fifter, ij
feat to fpeak w;th him, and I told him lie j
h.i-i done barbarouQy and bafely, and Faifely j
vmh me, in iiaving an intrigue wich his
filkr-in-law. 'i'h.u I looked upon him next j
my own Ton, as one that was engaged to i
Itand up for tr.e honour of my family, and |
inftead of that, he had endeavoured the
ruin of my daughter, and had ■Jone worfe ,
than if he had murdered her, to hold an
intrigue with her of criminal love. He
fiiid, he did confefs he had been falle, and
bale, and unworthy to me, but he defired
nic to confider (and then he ihed a great
many tears) what it was that made him
suikv, and that made him do it. 1 bid him
Jpenk. He laid he wasafhamed to tell me,
but I might ealily guefs. I then faid,
what ? are vou indeed in love with your
filler-in law ? He fell a weeping, and laid,
he vAis unfo'tunate ; but if 1 made this
bufinefs public, and let it to take air (he
did not fay this to threaten me, he would
not have me to millake him) but if I told
mv Lord her fattier, and his wife of it, it
might make him defperate, and it might
put fuch thoughts into his wife's head, that
might be an occafion of jiarting tlicm ; and
that he being defperate, he did not know
what he might do, he might neither con-
fider tamily, nor relation. I told him tliis
would make him very black in ftory, tho'
it were her ruin. He frtid that was true,
but he could not help it ; he was miferable,
and if I knew how miferable, I would pity
him : He had the confidence to tell me
that-. And then he defired, though he
faid I had no reafon to hear him, or take
any counfel he gave me (and all this v,ith

ON OF T Pv J A 1. S.

a great many rears) as if he were my fon
Durfii'v, that I would keep his fecret.
" For iBv Lord, if he heard it, would be
in a great paffion, and poOibly, he might
not be able to cbntaiii hira'elf, but let it
break out into the world. He may call
me rogue and rafcal perhaps in his pafTion,
(laid he), and I fi-ioulJ-be ibrry for it, but:
that v.-ould be ail I could do," and what .
the evil confequence might be, he knew
not, and- therefore it were bell: to conceal
it. And after many words to pacify me,
though nothing, indeed, could be fufficient
for the injury he had done me ; he gave it
meas his advice, that I would let my daugh-
ter Harriet go abroad into public places
with myfelf, and he promifed ir 1 did, he
would always avoid them. For a young
Lady to fit always at home, he faid it would
not eafily get her out of fuch a thing as
this. And upon this, he faid again, he was
to go out of town with the D. of M. in a
few days, and being he had been frequently
in the family before, it would be looked up-
on as a very ftrange thing, that he went
awav, and did not appear there to take his
-leave. He promifed me, that if for the
'world's fike, and for his wife's fake, (that
no one would inicrht notice of it) I would
let him come there, and fup beiore ne went
into the country, he would not clfcr any
thing, by way of letter or otherwife, that
might give me any oifence. Upon which
I did let him come, and he came in at nine
o'clock at nigiit, and faid, I might very
well look ill upon him, as my daughter
alfo did, ^his filler Bell) for none elfe in all
the family knew any thing of this matter
but Ihe and 1. After fupper he vent away.

and the next night hefent his pa.;.-, (1 think
it was) with a letter to me, he gave it to my •
woman and fiie brought it to me -, where
he fays that he Would not go our of tov.n.

If your Lordfliip pleafe, : will' g"- e

you the letter ■ But he faid, ne fearer aiy

apprelu rons

A COLLECTIO

apprcr.fnfions of him would conilnue. —
There is the letter.

L. C. J. Show it my Lord Grey, k't us
fee if he owns or denies it.

Lord Grey. Ye.-, pray do, I deny no-
thing that 1 have done.

Jiiil-. Doloeu. Be plsafed, Madam, to
put it into the court.

All. Gc7i. It is only about his keeping
away.

L. C. J. Shew it my Lord Grey.

Serj. Jeffifics. With fubmiffion, my
Lord, it is fully proved without tliat.

L. C. J. Then let the Clerk read it,
brother.

CV. cf ibe C'lCzvu. There is no direflion,
that 1 lee upon it, it is fubfcribed Grey.

[Reads]
MADAM,
" AFTER I had waited on your Lady-
(hip lall night, Sir Thomas Armitrong
came from the D. of M. to acquaint me
that he could not poffibly go into Suflex ;
fo that journey is at an end. But your
Ladylhip's apprehenfions of me I fear will
continue : therefore I fend this to afTure
you, that my fhort ftay in town fliali no
way difturb your Ladyfbip •, if I can con-
tribute to your quiet, by avoiding all places
where T may poffibly fee the Lady. I hope
' your Ladyfli'.p will remember the promife
you made to divert her, and pardon me for
minding you of ir, fince it is to no other
end that I do fo, but that llie may not fuffer
upon my account : I am fure, if {lie doth
not in your opinion, flie never fliall any
other way. I wifli your l^adyOiip all the
eafe that you can defire, and more quitt
thoughts than ever I expect to have. I
am, with great devotion.

Your Ladyfliip's,
Moll humble, v.nd
Obedient Servant,

Grey.

N OF T R I A L 5. 4(^9

y//.'. Ge-!. Madam, will you plenj» to go
on with your evidence.

Lady jirabella. I have one thing more
tofiy.; after ihis, three or four days after
tiiij ugly bufincfs wa-, found our, I told my
Lady Harri.tt , fhe was to go to my fifter
Durfk7'.«. Slie was in a great anger anci
paffion about ir, which made my mother io
exafptrated againfl: her, that I was a great
wh.ile bcfOiC I got my modier to go near
her again.

Serj. Jefferies, My Lady Berkeley, will
you pleafe to goon.

Lady Berkeley. When 1 came to my
daughter, my wretched unkind daughter,
I having been fo kind a mother to her, and
would have died rather (upon the oath I
have taken) than have done this, if there
had been any other way to reclaim her,)
and would have done any thing to have hid
her faults, and died ten times over, rather
than this diihonour fliould have come upon
my family. ' This child of mine, when I
came up to her, fell into a great many tears,
and begged my pardon for what flie had
done, and laid, fhe would never continue
any converfation with her brother in law any
more, if I would forgive her •, and flie ftid
all the things that would make a tender
mother believe her. I told her, I did not
think it was fafe for her to continue at my
houfe, for fear the world fhould difcover ir^
by my Lord Grey's not coming to our houfe
as h.c ufed to do ; and therefore I would
lend her to my fon's wife, her fiflrer Durfley,
for my Lord Grey did fcldoio or never viftt
there, and the world would not take notice
of it. And I thought it better aud faferfor
her to be there with her fifl:er, than at home
with me. Upon which this ungracious
child wept fo bitterly, and begg'd fo hearti-
ly of me that I would not fend her away to
her filter's, and told me, it would not be
fafe for her to be out of the houfe from
me. She told me, like would obey me in

any

A COLLECTION of TRIALS.

500

any th';'.'5; and faici, (he would now con-
fcls to iiv.-, tho' fhe had dervied it before,
that Pae had writ my Lord Grey word that
they were difcovered, which was the reaibn
he dill not come to me upon the firft letter
that 1 fent to him to come and fpealc with
me. And flie iaid lb many tender things,
that I believed her penitent, and forgave
her, and had compaiTion upon her, and
told her (tho' flie had not delervcd lb much
from me ) (he might be quiet ( feeing her
fo much concerned ) I would not tell her
filler Durdey her faults, nor fend hei hither,
till I had fpokcn with her again. Upon
which, file as I thought, continuing peni-
tent, I kiffed her in the bed when (lie was
Hck and hoped that all this ugly bufinefs
v/as over, and I fhould have no more
afRidion with her, efpecially if my Lord
rv-moved his family to Durdants, which he
did. \Vhen we came there, flie came into
my chamber one Sunday morning before I
was awake, and threw her felt upon her
knees, and kifled my hand, and cried out.
'• Oh Madam ! 1 have offended you,
I have done ill, I will be a good child, and
will never do fo again , I will break off all
correfpondence with him, I will do what
you pleale, any thing that you do defire.
Tiicn, fiid I, I hope you will be happy,
and I forgive you. Oh 1 do not tell my fa-
ther ( (he laid ) let not him know my faults.
No, faid I, I will not tell him ; but if you
will make a friend of me, I dcfire ycu will
have no correi'pondenc with your brothcr-in-
Jaw J and tho' you have done all this to of-
fend me, I will treat you as a filter more
than as a daughter, if you will but ufe this
wicked brother-in-law as he dcfervi's. I
tell you that youth and virtue im d honour,
is too much to iacrince for a bafe broth ;r-
indaw." When (lie had done this, ftie
came another day into my clolet and 'there
wept very much, and cry'd out, " Oh
Madam ! 'tis he, he is the villain that h.is
undone me, that has ruined me. Why ?

faid I, what has he done ? Oh ! faid (he, .
he hath feduccd me to this. Oh ! faid I,
tear nothing, you have done nothing 1 hope
that is ill, but only hearkening to his love.

" Then 1 took her about the neck and
kiffed her, and endeavoured to comfort
her. Oh Madam 1 faid fhe, I have not
deferved this kindnefs fro.m you ; but 'tij
he, he is the villain that hath undone me :
but I will do any thing that ycu will com-
mand me to do ; if ever he fend me any let-
ter, I will bring it to you un-opened -, but
pray do not tell my father of my fault?/
I proinifed her I would nor, fo (lie would
but break ofFai! correfpondence with him. —

[Here fiie i'.voaned, and (bon after re-
covered and went onj
Then my Lord Grey's wife, my daugh-
ter Grey, coming down to Dordanrs, lie
was to go to his own houfe at Up Park m
Su(fex, and he writ down to h's wife to

come up to London. It is pofTible I

may omit Ibme particular things that were
done juft atfuch or Ibch a time, but I fpt-ak- :
all I. can remember in general. My Lord
Grey, when I fpoke to him of it, told me,-
bewoLild obey me in any thing, if I wouid'
banifii him the houfe he would never come,
near it ; but then he pretended to advife me
like my own fon, that the world would
take notice of it, that therefore it would
be better for me to take her abroad with
me, he would avoid all places where fhe
came, but he thought it bell: for her not to
hs- kept too much at home, nor he ab-
foiutely forbid the houfe, but he would by
degrees come feldomer, once in fix weeks
or two moni'is. But to go on to my
daughter Grey's coming down to Durdants,
he writing to his wife to come up to London,
that he might (peak to her before he wenj
to hisown Tioule at Up Park, my daughter
Grey defircd he might come thither, and
it being in his way to SulTcx, I writ him
wonl, that believing he was not able to
go to Vp Park in one day from London,

A C O L L E C T I

■lie might call at my Lord's hoiife at Durdants,
and dine there by the way, as calling in,
intending to lie at Guilford, for it isjultthe
half way to Guilford. He, inftcad pf
coining to dinner, came in at nine o'clock
at night (I am fare it was fo much) for it
was fo dark, we could hardly fee the colour
of his horfcs, from my Lord's great gate,
to the place where^we were in the houfe :
And coming a'C thadtimepf night, I thought
if 1 turned him outof the houfe, my Lord
would wpnder at it, and.fo would all the
. family. Therefore I was forced, as I then
thought in point of ditbretion, to let him
lie there that night, which he di.l, and he
■told me, " Madam, I had not come here,
but upon your Ladyfhip's letter, nothing
elle Ihould iiave brought me :" Becaufe I
was to give him leave to come, knowing
the faults he had committed againft the
honour of our family. Upon which I told
him, " My Lord, I hope you have fo much
honour and generofity in you, after the
promifes you have made me, and the con-
fidence and indulgence I have fhewn you,
that you will give my daughter no letters,
and I will look to her otherwif-, that you
fliall have no converfation with her." He
defired me to walk up with him into the
gallery, and there he told me he had
brought no letters, and v/ould have had me
looked in his pocket. I told him that
would be to no purpofe, for his man Char-
nock (whom we knew he did not prefer
from being his coachman to be his gentle-
man, but for fome extraordinary fervice he
did him, or he thought he would do him)
might have letters enough, and we be
never the wifer : But I truded to his
honour and his Chriftianity ; and I told
him, that his going on in any fuch way
would be her utter ruin. He told me he
would not flay there any longer than the
next day •, nay, he would be gone imme-
diately if I pleafed, and he lent his coach
to London, and had nothing but horfes
Vol. I. No. 22.

ON OP TRIALS. 501

left. But his wife dcfiring her hufband to
ftay, I had a very hard tafk to go through,
being earncllly pr;ft, both by her and my
own Lord's importunities for his flay. Due
my. Lord Grey, wliilil he was there, did
entertain me with his pafTion, he had the
confidence to do it, and he wifiicd himfelf
the vc-riefl rake hell in the world, fo he had
never feen her face fince he was married.
" And, (faid he) Madam, you will always
think me a villain, and never have a good
opinion of me, I fhall be always unfortunate
both in myfclf, and your bad opinion of
me." Seeing this, I thought it was time
to do Ibmething more ; and I told him that
night be fhoiild Hay no longer, he fnould
be gone-, .-^nd his wife feemed to be much
concerned, and would fain have him Hay.
For by this time flie began to find out that
there was fome diforder in her mother and
the family, though ihe knew not what in
was ; and fhe feni her filler Lucy to beg he
might (lay : 1 told her 1 would not fuffcr it:
However, fhe propofed an expedient how
her fifter Harriett fhould take phyfic, and
keep her chamber while he was there.
That I was in a fort compelled to do, and
I told him, upon their importunity for his
flay, that his filler Harriett iliould be ken
no more by him, but take phyfic while he
flayed there : To which he replied, *' Ma-
dam, indeed it is rude for me to fay it to
you, but I mufl fay it, give me my choice,
either to be drowned or hanged." Upon
this I was extremely difturbed, and the
next morning, I told him, I was not fatif-
fied he ,hould flay in England ; he had or-
dered his wife to go into France, and ihe
was to go within a month after, I would
have him go with her ; he told me lie had
law-lliits and he could not: I told him, he
had told me before, they were of no great
confequence, and therefore they could not
hinder him ; and I preiied him very much,
and I fell into a great paflion at lafl: ; and
told him, if he would not go, I would tell
6 M her

502 A C O L L E C T I O

her father, and he fhould take care of her,
to fend her where (he fliould be fafe enough
from him. For I was fenfible the world
would take notice, if he came not thither ;
and faid I, " I am not able to bear you
fliould." Upon this, he promifed me with
all the oaths, imprecations and promifcs in
the world, that he would go and follow his
wife into France at Chriftmas, and ftay
there eight months ; and by that time, I
did hope this unfortunate miferable buiinefs
might be over : For I had a great kindnefs
tor my child, and would have done any
thing to favc her, if it had been in my
power, or would yet do any thing : I
would give my life that the woild did not
know fo much of it as now it mufl; this
diy. The world knows I had always the
greatefl; kindnefs and tendernefs for her,
which was fuch, that fome that are now
here have faid fince, that it was my indul-
gence to her, and not making it known to
tny l,ord, that encouraged this laft ill bu-
finefs. And thereupon my Lord Grey was
ordered by me to go away, and he promifed
me fo to do, which was upon Saturday.
1 then went up to her chamber and law her
very melancholy, and did what I could to
comfort her. Said I, " I warrant you, by
ihc grace of God, do but what you ought,
and 1 will bring you off of this bufinefs, be
chearful, and be not fo much call down
(for I thought file was troubled at my car-
riage to her) and though I faid fome fevere
things to you at dinner (as I did talk of
her going away, and being lent abroad) be
not troubled, for I only meant it out of
kindnefs to you -, for all I defign, is only to
P'ek an occafion of getting him away; and
therefore, as long as he itays, 1 will feem
to whifper with you, and look frowningly
Mpon you, that if he hath any tendernefs
for you, he may fee I am angry with you,
and do the more to leave you at quiet :
hut take no notice of it, for 1 now fmile to
you, though I frowned before him, be not

N OF TRIALS.

affrighted." In the afternoon 1 told her
the fame thing again. " But then, (faid.
fhe) he will (hew my letters to him, and
that will ruin my reputation for ever, and
that troubles me, but yet it need not, for
I never writ to any man but him, and if he
doth fliew them, he will expoli; himfclf for
a bafe unworthy man, and I can but deny
it, and he can never prove it. This is
true, (faid I) and very well faid, and
therefore be not afraid of him, but truft to
the friendfhip of your mother, and do as
you ought to do, and I am confident we
(hall bring you clear off from this ugly bu-
finefs." '• And then (faid fhe). But oh.
Madam ! my fifter, my fifter Grey, will,
(lie forgive me this }" I told her, her filter
Grey was good-natured and religious, and.
I made no doubt (lie would forgive her the.
folly of her youth, and if flie would take
up yet, (he was young, and her fifter;
would impute it to that, " and, (faid I) I.
am fure (he will forgive you-," and I told
her, I would do all that lay in my power
to afhft her-, and I bid her be chearful and
truft in God and in my friend(hip. She
w.as to blame, indeed, fhe acknowledged,
but (lie was young, and he was cunning,
and had made it his bufinefs to delude and
mcice her. I told lier it was true, and
therefore now (he muft confider with her-
fclf, what was to be done to bring her off;
which 1 doubted not, if ihe would do but .
as ftie ought -, fhe promifed me fo to do j ,
and yet that very night when I was in my

fleep (he ran away.—

[Flere (he fwooned again.

Serj. Jefferies. What time went my Lord
Grey away. Madam, that day ?

Lady Berkeley. He went away about four
o'clock in the afternoon.

Serj. Jeffcr'us. And theenfuing night the
Lady was gone .-'

Lady B.erkeley. Ye?, that night fiie went
away too.

Serj. Jeffiriu^

A COLLECTIO

Scrj. Jefferies. My Lord, I crave leave
ro acquaint you with one circiimftance that
has been already hinted, that is about
Charnock, a perlon that is taken notice of
by both the Ladies that have given evi-
dence, and one of the defendants in this in*-
formation. This man, as they feem to
intimate, for fome extraordinary fervice he
had done my Lord Grey, or was defigned
for the doing of, was removed from the
degree of his coachman, to the waiting
upon him in his chamber. He at this time
came with my Lord Grey to Durdants, a
houfe of my Lord Berkeley's near Epfom,
and which' was in the way to my Lord
Grey's houfe in Suflex, that is called Up-
Park. And they being there, notwith-
ftanding all thofe proteftations and promifes
made by my Lord Grey to his Lady
mother, as you have heard, to meddle no
^ more in this matter, yet we fhall give you
an account, how that the day before the
night that the young Lady went away, my
Lord Grey was very importunately bufy
with his man Charnock ; what difcourfes
they had, or what direftions he gave him
perhaps may not be known -, but his
earneilnefs in talking with him, and his
impatience and reftklTnels we fhall prove ;
and then give you a very full proof that
Charnock was the perfon that took her
away ; and then let the jury and the court
make the conclufion.

Alt. Gen. It may be, my Lord, we fhall
not be able to prove the actual taking away
from thence, but only by undeniable cir-
cumllantial proof. Such impieties ufe not
to be aded openly.

L- C. y. 1 ruly, as far as I can fee, here
has been more done bare-faced, that one
would think Ifiould be done in any Chriftian
nation.

Then a clergyman that flood by was
fworn, but his name not told.

Serj. Jefferies. Pray, Sir, Vv'ill you tell
my Lord and the jury what you know.

N OF T R I A L S. 503.

Mr. . My Lord, I was at Durdants,

my Lord Berkeley's houfe near Epfom in
Surry, at the time bf this ill accident, and
fome time after. And upon the Saturday
in the afternoon I (immediately at'ter dinner
was over at my Lord's own table) walked '
into the great paved hall ; and ftood in the
door that looked towards the Downs ; and
my Lord Grey came into the Jiall alone,
and walked three or four times very,
thoughtfully, and then leaned upon the
window, and often looked upon the
ground, and within a little while he fleps-
into the fleward's hall, where the gentle-
men were at dinner, and he calls to Char-
nock, who came out to him. He takes
him out of the hall to the foot of the ftair-
cafe, and there they talked together a
great while, and after fome time my Lord
Grey went away, and Charnock did fo too,
I think to his dinner again, I cannot tell
any thing to the contrary. The refledicn
I made upon this paflage then was. That
my Lord Grey was very pundual in givin^T
his fervant orders, which I thought he was
to carry to London with him, but I ful-
pedled nothing of this matter, nor any
thing clfe that was ill then. Mr. Charnock
t!ien pafTing by me, faid I, " Mr. Char-
nock, how long will it be before you are
going ?" He made me no anfwer, not one
word. Thereupon I went into the library,
and between that and Mr. Charnock's
chamber there was but a very thm wall,
ind prefently after I came into the library,
my Lord Grey lent one (as the mefienger
laid) for Mr. Charnock, and he went down
CO him, as I luppoi'e, and in a little rime
ame up again. And after that, I do be-
lieve Laid hear another mefienger come
from him to Mr. Charnock again, I will
not fwear that, for I am not fure of it; be-
caufe, being at that time bufy in reading,
( made no refledion upon it till afterwards.
But about a fortnight or three weeks after, ,
there comes a gentleman to fee me at my

lodgings, ,

5^4

:us tli-ere was

A C O L L E C T 10 N

and falling into difcourfc what
riL'vvs tlrfre was -, our firft ilifcoiirfe was of
the Lady's being mifiing ; he faid, it would
be lad hs feared when flie was heard of.
"■ Why, Maid I) whst do you mean ? I

fuppoie Mr. Forrefler and flie are toge-
rl-.tr," icr t!ut was the talk cf the town.
" No, (frtid he) it is no fiich thing •, but if
you will make it a. feciet, iiniefs it comes to
be made a public bufinefs, I will tell you;
I i'o not doubt my Lord Grc-y carried her
away with a defign to debauch her. That
is hard to be believed, (faid I) I cannot be-
lieve if. Why, (faid he) you were there
when he went away ? Yes, (faid I) but
^l0w long was that before the Lady was
milTuig ? (.^aid he) It was that afternoon."
Then came into my. mind his earnell dif-
courie with Charnock, and that which I
obfervcd about it, and the fending fo often
for him ; and I told that perlon cf it.
*' Why Charnock, (faid he) was the man
that took her away."

Serj. Jefferies. Who was it that faid fo to
you, Sir ? Name him.

iVlr. . Mr. Rogers, my Lord Berke-
ley's Chaplain.

Serj. Jefferies. If your Lordfhip pleafe to
oblerve the particular times, when my Lord
vGrey was fo earned in giving Charnock di-
redions, that was on the Saturday at noon,
and it was that night the young Lady went
away.

I.. C. J. Wl'.en came my Lord Grey to
my Lord Berkeley's .''

ylti. Gen. 1 he Tuefday or Wednefday
before, I think, feme days it was.

Serj. Jefferies. But upon the Saturday
night it was fhe went away ; this unfor-
tunate Lady that we have produced, her
mother, and fb the Lady her fifter, fpoke
both of their fears of Charnock. Now we
fliall prove, that this Charnock was on the
Sunday morning, at eight of the clock in
the morning here in London, with a young
xLady, in what habic that young Lady was,

K T -R I A L S

our witncffes will tell you ; and otliers wiH
give you an account what habit this Lady
went away in, and then it will be feen who
fhe was. Call Eleanor Hilton.
^ Alt. Gen. But if you pleaie, Mr. .Serjeant,
I think it will be proper firft to examine my
Lady Lucy, who upon the mifTing this
young Lady followed my Lord Grey to
Guildford, and overtaking him, acquainted
him with it, and immediately he took poft
and caine to London. Pray fwear my
Lady Lucy. [Which was done.

L. C. J. Well, what do you ask that
Lady .= -

Serj. Jefferies. We produce her, my
Lord, to hear what pafled between her and
my Lord Grey at Guildford. Pray. Ma-
dam, will your Ladyfhip acquaint th.e
court what occafion you bad to go to Guild-
ford, and what you faid to my Lord Grey,
and what he faid to you, and did after-
wards.

Lady Lucy. My Lord, as foon as my
Lady Harriett was milTing, fuppofirg my
Lord Grey could beft give an account where
fhe was, I went after him to Guildford, and
he was gone half an hour from thence
before I came thither, but by fending poft
after him, he was overtaken, and came
back to me. I told him my Lady Harriett
was gone away, and I conjured him by all
that was facrcd and dear to him, to prevent
fo great a misfortune as this would be to
the family. He then pretended he did not
know any thing of her gcing, but promifed
me, that if he could find her out, he would
endeavour to perfuade her to return home,
but he would not force her. After fevcral
difcourfes, which it is impoffibltr for me to
remember particularly (laying that he had
done nothing that was illegal, andifflie
did not any thing, we could do nothing
againft him;) He at lad parted from me,
to go to London, as I fuppofe. I begged
of him that I might be permitted to go
along with him, that I might fpeak to her,

fuppoling

A COLLECTIO

fuppofing I might retrieve this bufinefs,
and recover her, before it were gone too
far, but he denied it me, and went away.
After that I met him, a day or two after,
I think, I cannot tell juftly the time, and
he pretended, he did not know where fiie
was, but only he knew where to fend to
heir; and he would do all he could to get
her to return home. He was fenfible of
what a misfortune this 'vas to the family.
But foon after, he wenL to Up-Park again,
as he faid, to (hew v^ that he was not with
her. And he afterwards writ me a letter,
wherein he fays, he could not perluade her
to come home, but the conclufion of it
was, " He would do all he could to reftore
peace and quiet to the family, which
by his follies were fo miferably diiturbed."

Lady Arabella. My Lord, I defire to
fpeak one thing. About fix weeks ago I
met my Lord Grey at my Lord Chief
Jultice's chamber, and he told me, he had
my Lady Harriett Berkeley in his power,
or in his protedion, or to that effedr, he
faid.

Att. Gen. Pray tell, Madam, when that
was ?

Lady Arabella. About fix weeks ago, I
cannot jultly fay the day.

Serj. Jcfferies. But if your Ladyfhip
pleafes, my Lady Lucy, it will very much
fatisfy the jury, if you would fhew the
letter you fpeak of.

Mr. IVilliams. Ay, pray Madam, fhew
the lett:n

Lady Lucy. It was a letter before that
whicl^ he writ to me at Durdants.

L. C. J. When was that letter you fpeak
of written ?

Lady Lucy. About a week after my
fifter was gone, I cannot exadly remember
the day.

IVilliams. Pray, Madam, can you pro-
'dure thKt letter ?

Lady Lucy. No, I have it not here.

TOL. I. No. 22.

N OF TRIALS.

505

Serj. Jefferies. Then fwear Eleanor Hil-
ton.

[Which was done.

Sol. Gen. Is your name Eleanor Hilton ?

Hilton. Yes, it is. Sir.

Att. Gen. Pray fpeak our, that my Lord
and the jury may hear you. Do you re-
member the 20th of Augufl; laft ? Did
Charnock come to your houfe with a young
Lady ? Did you fee her, and what time of
the day was it }

Hilton. I cannot tell what day of the
month it was.

Serj. Jefferies. What day of the week
was it ?

Hilton. It was on a Sunday.

Sol. Gen. What month was it in ?

Hilton. I cannot tell, truly.

Serj. Jefferies. About what time of the
year v/as it .?

Hilton. About eight or nine weeks ago,
or fomething more.

Serj. Jefferies. Well, what did you fee
then ?

Hilton. There was a young Lady that
came to our houfe, flie came of herfelf,
Charnock he was not with her; he came
before indeed, and aflced me if I had any
room to fpare, and I (hewed him what we
had ; he went away, and I faw no more of
him; afterwards, as I faid, Ihecame; but
who fhe was, or what fhe was, I cannot
tell.

Serj. Jefferies. Can you defcribe her
cloaths ?

Hilton, She had a coloured night-gown
on, of feveral colours ; I cannot fay what
particular fluff it was : And flie had a pet-
ticoat on white and red,

S'^'j. Jefferies. Did you fee her face }

Hilton. I cannot fay I did fuliy.

Att. Gtn. Do you tliink you fliould
know her again, if you fliould fee her ?

Hilton. I cannot fay that.

Serj. Jeff'eries.

6 N

A COLLECTION

505

Serj. Jcfferie:. (to the Lady Harriet)

Pray, Madam, will you ftand up a little,

and turn upyosir hood. [Which (he did.

/////. Truly, I cannot fjy chat is the

Lady.

Ait. Gen. Do you believe it was flie .'
Hilt. I cannot fay it truly.
Alt. dn. Have you ictn. her pi'flure
fince, and is this Lady like that picture ?

Hilt. Mr. Attorney, fhe fays, fhe cannot
fay it is the fame Lady.

Sol. Gen. Pray, miltrefs, to what purpofe
•was fhe brought to your houfe ?
Hilt. They did not tell me that.
Att. Gen. Was it not to lodge there ?
Hilt. Sh; (laid there but a while, and
went away again.

Att. Gen. Whither did fhe go then ?
Hilt. To one Patten's in Wild-ltreet.
Serj. Jejferies. You went with her inif-
trefs, did not you ?
/////. Yes, 1 did fo.

Serj. Jefferies. Pray, was there any let-
ter or note brought to your houfe for Char-
nock ?

Hilt. Yes, I brought it to Mrs. Char-
nock.

Serj. Jefferies. Did you hear any reafon
given for her removal from your houlc ?

Att. Gen. Pray did fhe go to bed at
your houfe ?

Hilt. She did lie down.
Serj. Jefferies. V7hac time of the day was
it?

Hilt. About nine or ten o'clock in the
morning.

Sol. Gen. Pray, did fhe fay fhe had been
at church, or what did flie fay ?

Hilt. She laid fomewhatto that purpcfe,
Ihe laid (lie was weary.

Serj. y.^ifrzVj. What company came to
the Lady, while flie was at your houfe ?
//;//. No body but Mrs. Charnock.
Serj. Jefferies. Did you fee Mrs. Char-
nock in her company ?
Hilt. Yes.

c,„

OF TRIALS.

, Jefferies. You faw her come in to

her.

Hilt. Yes.

Scij. Jefferies. Did fne behave herfclf to
her ;i: to a Lady of Qiiality ?
H:lt. I cannot tell that, truly.
Serj. Jefferies. Why how did fhe carry
it to her ?

Hilt. Whether fhe was in bed or no, I
cannot tell -, but when fhe came in, the
young Lady laid. How do you do, Mrs.
Charnock ? She faid, your fervant. Ma-
dam, or to that purpofe, I cannot exactly
tell.

Serj. Jefferies. You brought the note to
Mrs. Charnock, you fay .''
Hilt. Yes.

Att. Gen. Did fhe (lay at Mrs. Patten's
after that ?

Hilt. { fuppofe fhe might.
Sol. Gen. Fray recollcft yourfelf a little,
and tell us what colour was her manteau ?
/////. Truly, it was all manner of co-
lours, red, and green, and blue, and I can-
not tell what colours.

Sol. Gen. What coloured petticoat ?
///'//. Red and white.
Sol. Gen. How long after this, did you
hear my Lord Berkeley's daughter was
miflins; ?

Hilt. A while after.

Att. Gen- How long ? was it that week ?
Hilt. I cannot teJl, it was not long
after.

Att. Gen. Was it the fame Lady that
came to your houfe in thofc cloaths, that
went to Patten's at night ?

L. C. J. Why, fhe fays fhe went with her,
do not examine her the fame things over
again.

Att. Gen. Were you examined before
Sir William Turner about this matter ?
/////. Yes, I was.

Att. Gen. Was it the day of the month
you then faid it was ?

Hilt.

A COLLECTIO

Hilt. I fuppofe it might ; I cannot tell
the day of the month.

yltt. Gen. Was it the month ?

/////. It is like it was.

L. C. J. She has fixed it now to be about

eipht or nine weeks ag-o.

Scrj. Jefferies. Did (lie give any reafon
why ihe was removed ?

Hilt. None at all.

Serj. Jefferies. Now, my I.,ord, we will
bring it down to be this very Lad/. My
l,ady Arabella, pray. Madam, what cloaths
did my Lady Harriet go away in I

Lady Arabella. My Lady Harriett had
fuch cloaths as they fpeak ot, I cannot lay
Hie went away in her night-gown, but here
is one that can ; but there was a Ilriped
nieht-gown, of many colours, green, and
blue and red.

L. C. J. She does remember flie had
fuch a one, but (he cannot fay (he went
away in it.

Serj. Jefferies. Was there not a chequer'd
petticoat red and white ?

Lady Arnbella. She had fuch a petticoat,
but I cannot fay (he went away in it ; (he
had alfo a white quilted petticoat.

Serj. Jefferies. Then (wear Mrs. Doney.
[Which was done.] My Lord, we call
this gentlewoman to "ive an account what
habit (he went away in ; tor (he lay with
her always*

Att. Gen. Did you lie with my Lady
Harriett Berkely wlicn ihe ll;ole away ?

Mrs. Doney. Yes, indeed. Sir, I did lie
in the chamber that night, and fhe went
away with her morning cloaths, which lay
ready for her there, againft (lie did rile in
the morning. It was a Itriped night gown
of many colours, and a petticoat of white
and red, and a quilted petticoat.

Att. Gen. Was ihe fo habited, that came
to the houfe, Mrs. Hilton ?

L. C. J. She has laid '^o already.

Serj. Jefferies. Now you are pleafed to
obferve, that befides the circumllance of

N OF T R I A L S. 507

the cloaths, there is mention made of a
note; Mrs. Hilton fays (he received a let-
ter and gave it to Mrs, Charnock ; and
that foon after they went to Patten's houfe
in Wild-ftreet. We fliall call the people
ot that houfe, to give an account what
gentlewoman it \va.s that came to their
houfe. Pray fwear Mr. Patten.

[which was done.

Sol. Gen. Pray, will you tell my Lord
and the jury, whether Mr. Charnock and
his wife came to your houfe, and with
whom, and about what ?

Patten. My Lord, about the latter end
of July, or the beginning of Auguft, Mr.
Charnock and his wife came to my houfe
when wewerejuft removed, to take fome
lodgings for a perfon of quality ; but they
did not fay who. Said 1 then, " We have
no lodgings now ready ;" (aid they, " We
fhall not want them yet, till towards the
middle of September." Says my wife, " I
fuppofe by that time our houfe will be
ready ; and if it will do you any kindnels
you may have it." About the 20th of
Augull, beingSunday, Mrs. Hilton brings
a gentlewoman with Mrs. Charnock, to my
houfe ; and when they were come, they
called me up, and (eeing them all three
there, I told Mrs. Charnock, " We have
no lodgings fit for any body of any qua-
lity, at prdent." Says Mrs. Hilton, " let's
I'ee the candle," and runs up (lairs into a '
room where there was. a bed, but no hang-
ings ; -when they came in, they locked
themfelves into the room. My wife's
daughter being in the houle, I defired her
to fend for my wife, who was then abroad.;
which fhe did. '1 hey defired my wife's
daughterto lodgewiththe gentlewoman that
they brought thitiier, and they were making
the bed ready. I fentthem up word, " that
I defired they .would walk into the dining^
room for the prefent ;" tlicy fcnt me word
down again, " They thd not dtfire to do
that, for they were afraid the light would

A COLLECT ION of TRIALS.

508

be feen into the ftreet -," and withal, if any-
body came to enquire for Mrs. Charnock
or Mrs, Hilton, I fhould fay there was no
body there. Prefently after, I .think (or
before, I cannot iiiftly fay which) a letter
was carried up ftairs to them, upon which
they came down ftairs, and away they went
up the ftreet, and when they were gone a
little way on foot, Mrs. Charnock defired
them to turn back, again, for ih^i hoped to
get a coach, , and fhe did fo, and went ;
away. ^ . ,

ylit. Gen. So they did not lodge there ?

Patten. No, they did not.

Serj. Jefferies. Did they fay any thing
of care that was to be tal<.en, how they
pafs'd by my Lady of Northumberland's ?

Patten. My Lord, I do not well remem-
•ber that ; but the next day Mrs. Hilton
comes again to our houfe, and fhe runs up
ftairs into the fame room, and fits her down
upon the bedfide. Said I to her, " Mrs.
Hilton, What gentlewoman was that that
was herelaft night?" Says Ihe, " I cannot
tell, but I believe fhe isfome perfon of qua-
lity, for Mrs. Charnock brought her to our
houfe at feven o'clock in the morning. But
whoever fhe is, flie is much troubled, we
could get her to eat nothing, but her eyes
were very red with crying, and we cam.e
away to your houfe at night : becaufe hear-
ing fome noife of people in the ftreet, flie
.was afraid fome of her father's fervants were
.come, but it v/as only fome people that
were fathered about to obfcrve the blazing
ftar. So we whipp'd out ot the door, and
fo came to your houfe, for we had never a
back door out of our own."

Alt. Gen. Pray g.ive an an account what
habit the gentlewoman was in that came to
your houfe ?

Patten. She had a.ftriped flower'd gown,
very much fullied, it was fltuig about her,
juft as if ftie had newly come out of bed.
I did fte her face, but when I had jud
looked upon her, jftie clapped her hood to-

gether over it prefently.

Serj. Jtfferies. Do you think you fliould
know her again if you, fee her ?

Patten. I believe I -might.
• Sferj. 7<?^fr/Vj-. Fray, .Madaiv-, i'tand up
again, and lift up youv hop_d<

1 .[Which fhe did.

Patten. This is the Ladyv I faw her
face twice, once as I told you, and then
when file went away, I , d.o,p'd down and
peeped up, and looked iKJrin the face again,
though fhe hid it afe Ir.uch as fhe could.

Att, Gen. Thus we have proved it upon
Charnock and his wife*

Serj. Jefferiti. He gives an account of
the 20th of Auguft, which was the day cf-
ter flie went from her father's houfe. Fray
call Mrs. Fletcher. ; _

Att. Gen. We fliall now prove, that they
went from thence to one Jones's ; that my
Lord Grey came there to take lodgings, and
after file was brouglit, canic thither again,
Snd thoygh.he chijhged his hair into a per-
riwig, yet he was known for all his difguife.

Sol. Gen. My Lord, you fee that it is
proved upon three of the defendants, my
Lord Grey, and Charnock and his wife.;
now we fhail prove it upon the other two,
the Jones's. Swear Mary Fletcher. '

. . .[Which was done.

Serj. Jefferies. Sweetheart, pray tell the
court, where you lived, and when my Lord
Grey came to your houfe ; tell the time as
near, as you can, and the day of the
week .''

Fletcher. Sir, lie came to David Jones's
on the Tuefday after my Lady Berkeley
was miffing.

L. C. J. Where does David Jones live .?

Fletcher. At Charing crofs, juft over
againil the Statue. And living there, my
Lord Gjcy came there in ahatkireyconch,
firft on the Monday without .aipertiwig, pr
any thing of that, and defired [VJr..J;.ones to
come to the coach-fide, which he did^'and
after a little difcourfe with Mr. Jonts, th<i:y

came

A COLLECTION ar TRIALS.

came both into the houfe, and went up two
pair of ftairs co look upon lodgings. After
that, ? had order to make ready the room
for fome lodgers who were expetled to come
that night, but did not till the next day.
About Tuefday at nine of the clock, my
Lord Grey comes again in a coach to the
door, and threw his cloak over his face, he
■was then without his perriwig too, and de-
fired to fpeak with Mr. Jones, I and my
fellow fervant {landing at the door, he de-
fired to fpeak with my mafter. I went to
him and told him, and he came up, and
after he had been at the coach- fide, he bid
us go down, and keep down in the kitchen,
and would not let us come up any more.
And afterwards, my fellow fervant and I
were bid to go to bed, and my miftrefs fliut
up the fhop windows herfelf.

Serj. Jefferies. Well, go on, what hap-
pened after that ?

Maid. Afterwards there was the warm-
ing-pan, and the candleftick, and other
things were carried up into the chamber by
my miftrefs's filler. Says my fellow-fer-
vant, " There is fome great llranger fure,
come to lodge here, that we mufl not know
of." " Ay, (faid I) this is fome great in-
trigue or other." After a while came in
fome company that ftayed all night. I
know not who they were, nor how they
came.

.Serj, Jefferies. Well, what was done the
next morning ?

Maid. I was never admitted into the
room v/hile they were there, but through
the op ningof the door, I did fee one Lady
in bed, but I cannot fay who Ihe was, nor
■what (he was.

Att. Gen. Do you know her if you fee
her again ? Look at that Lady j is that
file?

Maid. No, I do not know her •, I can-
not fay that is (he : My miftrefs and my
miftrels's fifter ftood both before me, when
I juft peeped into the room, and when ftie

Vol. I. No. 22.

509

him often,

you know him

perceived that, I did fee her pull the cloaths
over her face.

Sol. Gen. How long di4 fhe ftay there *

AUid. Nine nights:

Serj. Jefferies. Do you know my Lord
Grey well ?

Maid. Yes, I have feen

Serj. Jefferies. And did
notwithftanding his difguife

Maid. Yes.

Serj. Jefferies. What did Mrs. Jones 6t
to you about my Lord Grev ?

Maid. She faid to us, "What fools were
we, to fay this was my Lord Grey, it was a
country gentlemen."

Serj. Jefferies. But you are fure it was
my Lord Grey ?

Maid. Yes, I am fure it was he.

Atl. Gen. Did any botiy elfe lodge at
your houfe at that time.

Maid. Yes, Captain Fitz- Gerard.

Att. Gen. What difcourfc had you with
him about this lady ?

Williams. You, woman, did my Lord
Grey ftay there ?

Maid. I cannot fiy he did.

L. C. J. Mr, Attorney, if the queftion
you ask, be to introduce another part of
your evidence from Captain Fitz-Gerard
himfelf, it may be fomething ; otherwife
that can be no evidence againft the defen-
dants, what difcourfe was with another.

Str']. Jefferies. It is fo, my Lord. And
therefore we ask you. Sweetheart, whatpaft
between you and the Captain ?

Maid. Captain Fitz-Gerard, the Mon-
day morning fe'ennight, after my Lord
Grey firft came, called me to his bedfide,
and asked me if I knew what Lady that
was that lodged in the houfe, and what
cloaths (lie wore, and wliether (he were
young or old, and whether (lie were mar-
ried or no ? I to'd him, I could not tell any
thing, for I could never fee her.

Serj. Jefferies, Do you know what linnen
6 O llic

C O L LECTION

did you wa(h any

5.0 A

fte brought with her ?
for her ?

Maid. Yes, one Ihift.

Att. Gen. What kind of fliift was it ?

Maid. I faid, " It could be no perfon of
quality, by her fhift."

Scr'yjeffeties. Why fo ?

Maid. Becaufe the body was finer than
the fleeves, and ladies ufe to make the
fleeves &ner than the body.

[At which there was fome laughing.

Willtarns. A very pretty evidence !

Serj. Jefferies. Pray call Mrs. Doney
again, becaufe you fhall not make fo flight
a bufinefs of the fhift as you pretend, for
fuch adions as thefe muft be detedted by
circurnflances.

Jit. Gen. Mrs. Doney, Pray did you
fliew this woman another of my Lady Har-
riett Berkeley's fhifts ?

Mrs. Doney. Yes, I did.

Serj. Jefferies. Was it the fellow of that
flie went away with ?

Mrs. Doney. Yes, it was,

Serj, Jefferies. Woman, do you believe
upon your oath, that was the fellow of the
flfift you faw ?

Maid. Yes, Sir.

Serj. Jefferies. Was the body of that you
faw from this gentlewoman, finer than the
fleeves ?

Maid, Yes, it was.

Alt. Gen. Then- pray fwear Captain Pitz-
Gerard, [Wiiicii was done.

Sol. Gen. Pray, ^ S'ir, will you- tell the
"court and the jury, what palfages tell out at
your Imlgi ngs ?'

Capt. fttz-Gerard. My Lord, it was my
fortune, fix months ago, to take a lodging
at Mr. Jones's, and while I kept my lodg-
inc-s there, I had occafion iometimes to "o
to Wir.dfor, to wait upon his Majtfty ; aad

OF TRIALS.

one night
my iervant

r home to
waits upon

that

chamber, told me, there was a l

come to the houiCj wiio lay in

lod

me in my
lately
upper

odger
the

rooms. I asked who it was, he told me,
the maid of the houfe told him it was a
m/iftrefs of my Lord Grey's. I asked how
long fhe had been there, he faid it was but
two or three days fince fhe came. I never
thought of this for four or five days after,
nor thought myfelf obliged to take notice
of the difcourfe of the fervant in the houfe :
but being in Covent- Garden in company,
there was fome difcourfe about my Lady
Harriet Berkeley's being gone from her fa-
ther's, as it was the talk of the town, I
came home about nine o'clock at night,
and having no fervant jufl. then ready to
wait upon me, Mr, Jones himfelf came very
kindly to put me to bed. I had fome fome
fancy upon the difcourfe of the town, this
might be my Lady Harriett. Upon which,
I laid to. Mr. Jones, " You cannot but
hear of the report of myLadyKerkeley's being
run away from her father, and I know you
have a dependence upon my Lord Grey, and
r have a fufpicion you conceal her in your
houfe. If you do, (faid 1), you do a very dif-
honeft thing, a very ill thing, andoccafion a
great deal of trouble and difquiet to a noble
family. And pofTibly my Lord and my Lady
may not know fhe is alive -, therefore, 1 de-
fire you as a friend, to make a difcovery of
the Lady, that they may know where fhe
is." He feemed very angry upon my fay-
ing of this, and told me, "As long as I
lodged in his houfe quietly, I need not
trouble myfelf who lodged there befides."
Upon that I thought more earnefily upon
this thing ; and I told him again, " I am
refolVed to go into the room, and know
who this Lady is that lies here, for now I
fuppole there is fomethingmore in it." Says
he again, " No body (hall offer fuch a rude-
nel's in my houie." Said'I, "I afTure you
I will do it." He grew veiy angry, but I
went from him to my fword, and was going
up. Says he, " Pray, Mr. Fltz-GcrarJ„
do not ofler fuch a thing as this is: you
wouM take it unkindly yourfelf, to have

your

A COLLECTIO

rovirhoufe fearched at this time of night."
*' Weil, (laid I) upon condition that I may
fee Iier to-morrow morning before fhe goes
away, who (he is, I will make no diftur-
bance in your houfe to-night." Upon that
he left the room, promifmg me, I fhould
to-morrow morning fee who the lady was.
I went out early the next morning, upon
fome necefTary bufinefs, and coming home
.between eleven and twelve o'clock, laid 1
to him, " Now is a very civil time to fee
this Lady, who fhe is, for it is not fit you
fhould receive any perfon into your houfe,
in fuch circumftances, when there h fuch
caule of a fulpicion." Says he, "fhe is
now gpne out in the houfe." And this is
all that I can fay of tins matter. I never
faw the lady there then, nor did I ever fee
her in my life but once or twice at Epfom.

L.Cy. Did they lock the door upon
you, Captain ?

Capt. Fitz-Gerard. No, they did not.

Serj. Jefferies. And you know nothing
more ?

Capt. Fitz-Gerard. I neither knew when
fne came, nor who fhe was.

Alt. Gen. Then fwear Mr. Smith here,
who married one of my Lord Berkeley's
daughters.

[Which was done.

Smith. Before my Lord Berkeley made
this affair public, he ufed all means poffible
to know where my Lady Harriett was ; and
after it was known to him, what concern
my Lord Grey liad in it, there were all
means ufed to make it up : Anddiicourfing
•with my Lady Brikilcy aoout ir, it was
propofed tliat ihc Ihouid be marrieci, but
that would coll a great deal of money -,
that my Lord did not llick at, nor niy
Lady, if any divine of the church of Eng-
land did ihink it proper to treat with any
perfon about if, after fuch a fecret corre-
fpondence between her and my Lord Grey.
And my Lord faid, '• If my Lord Gr.y
would not prolccute her wuh any more

N OF T R I A L S. 5ir

vifits, he would give a fum of money to
marry her." Said I, " Then, my Lord,
will you give me leave to wait upon my
Lord Grey in it ?" He anfwered, " Yes."
So I went to him, and offered him that my
Lord Berkeley would give 6000I. with her,
ifhe would place herin a third hand, where
it might be convenient to treat with any
one about it. He talked with me as if he
knew where fhe was, but would not difco-
ver it. Says he, " You muft always fup-
pofe, I will take your propofal in this man-
ner, if fhe is in my power, which it may be
is, and it may be not." Said I, " iVIy
Lord, you make that ;/ only as a fubter-
fuge, for to be fure, you know where flie
is." Says he, " She is beyond feas, and if
you will gis'e me leave to vifitherfometimes,
1 will promife fhe fhall come again •, but
that depends upon time and tide, it cannot
be fo very foon." Said I^ " My Lord you
may as well fend horfes to I^over, and fo
I over to Calais, for I fuppofe fhe may not ba
' far." He laid, <-' It would be a work of
time, but he would write to her." I defired
he would write that night. " For, (laid I)
my Lord, if this bufinefs be taken in timej
flie may yet befaved, if you will contribute
what you can to it." He promiled me t;)
write that night to- her, but it would be
fome time before fhe got to town. Then,
difcourfing further with my Lord about it,
fays he, " If I fhould bring her to town, I
wili not ufe any fores or perfuafion to iier,
if Ihe be obftinately beat not to come home
again, betray her to be fure I will not."
" I am fure, my Lord, (laid I) that your
periuafions would d'j very much with her,,
and a great deal of good may come of it, if
the matter be i'peeded." " Kur, (fays he)
if I fhr.uld bring ^ler totawn, then my Lord
Berkeley v/ill dilturb her with mv. Lord
Chief Juftice's warrants" SitiJ I., " L'you
will bring her to sown, Iv;ill allc my Lord
and my Lady, how long time they will al-
low for the making up of this- treaty ;, and

iiv.

51-

A C O L L E C T I

in the mean time, flie fliall be free fro!:n any
dillurbance." Says my Lady Berkeley,
when I Ipoke to her of it, '• Though my
I,ord Grey has been fo barbarous to a fa-
mily, that has been lb kind to him ; yet, if
I give him my \Aiord, I will keep it invio-
lably to him ; and I do promife hirn, if he
v/ill b. ingher to any place where my daugh-
ter Lucy may vifit her, I will engage there
llrall be no fearch made after her. And if
he can contribute to carry her into a place
where fhe may be fafe, and not vifit her him-
felf, he fnall have 2000I. to do it." " This
meflage of my Lord's being barbarous,
Madam, (faid I) is not fit for me to carry to
my Lord Grey, but you will promife not
to take her away, if he bring her to town,
but from the moment you know where ihe
is, flie fliall be fafe." Thereupon my Lord
Grey promifed to write to iier, whether he
did or not, I canr.ot tell. Afterwards,
he faid he had writ, but Ihe would not
come.

Jil. Gen. "What expence has my Lord
been at in looking after her i

Smith. A great expence, I cannot tell
particularly.

Serj. Jefferies. My Lord, we have but
one witnels more, and that is a gentleman,
who, by order from my Lord and Lady
Berkeley, kept my Lord Grey company,
and he will tell your Lordfhip, what my
Lord Grey confeffed to him, what a pafllon
he had for the Lady, and what methods he
ufed to get rid of it, but could not. Swear
Mr. Craven. [Which was done. J

Sol. Gen. Will you tell my Lord and the
Jury, whether you wtc lent by my Lord
Berkeley, to be with my Lord Grey at Up-
Park, and v/hat pafled there between you ?

Craven. My Lord, the Wednefday after my
Lady HarrictBcrkeley went away, my Lady
Berkeley told me, my Lord Grey had prof-
fered he would go down into the country
for fix months, to fhew that he had no
.dcfigns upon her j and therefore, if Ihe

ON OF TRIALS.

would propofe fome friend of 'hers to. 1
along with him to i'et^ him company,
wo. Id br very vncI! fatisfied with it , and
then my Lady Berkeley told me, (lie would
fix upon no bouy but me, if he would take
me with him. Then I met my Lord Grey
on Wednefday morning at Sir Thomas
Armftrong's, and afterwards went down to
his houfe to him. When I came there, he
met me on horfeback, and came up civilly
and kindly to me. I thought fit to give
him a caution, having receiveu fuch orders
Irom my Lady. " My Lord, (faid I) I
am forry I am forced to tome upon foch an
account as this, to be a guaru over your
words and aftions, and 1 am very much
troubled that this unfortunate thing has
happened, and you are reputed to be
the occalion of it." Says he, " I do own.
Craven, I have done a very ill thing ; but
that is pad, I cannot help that now ; but
the thing that is to be thought on is, what
is to be done for the future," My Lord,
(laid I) the beft way, if I may give you my
advice, were to fend her home again, before
any report be fprcad abroad of the bufinefs."
" How can that be, (fays he) I do not
know where fhe is, but I have had a letter
from her, as I told my Lady, I did believe I
fhould find a letter here when I came
down. I will fhew you the letter," which
he did. " My Lord, (faid I) this letter
will be thought as of your own penning
before you came out of town." " I can-
not tell what they will think, (faid he) but
here it is." Said I, " My Lord, I have a
great refpeft for your Lordfhip, and do
very much defire, for your own reputation
and honour, as well as theirs, it may be
made up in fome way before it be too pub-
lic." We were difcourfing of this. " How
(hall that be done," fays my Lord Grey.
'' My Lord, (faid I) if you will confent
to this, to fend her over into France to Ca-
lais or Diep, we will there find fomcbody
that will help her into a nunnery ; and

when

A COLLECTIO

when flie is there, (he may write to her mo
ther, that flie found file h id an intention to
marry her to a match (he could not by any
means approve or like of, and therefore fhe
went away to prevent her being forced t )
if, and this would be as plaufible a thing
,as any in the world. And when that let-
ter (hould come, my Lady Berkeley fliould
(hew it about to her friends ; nay more, Ihe
fliould go over herielf to fetch her back
ao^ain, that fne might receive her into her
hiJufe with honour." He laid, " That was
a very plaufible thing, and he would do it,
it he could tell where (lie was-, but I.er
letter to him was, that (he was gone fiom
her father, but flie did not think fit to let
him know where fhe was, for fear he fliDuid
deliver her up again." Then my Lord Grey
ajked me in what condition they were all
at my Lord Berkeley's about it. Said I,
" They are in fuch a confufion and trouble
they are all mad almoft." Says he, "How
does my Lord bear it ?" Said I, " He is
fo afRidtcd that it will go near to break his
heart." Says he, " He is indeed one of .
the men in the world that is to be pitied ; fhe j
pitied him verv much, butforhermothcrflie j
doth not care." One day when we v;ent out |
a (hooting, as we did feveral days together; !
" iMr. Craven, (fays he), I will tell you
the whole intrigue between my Lady
Flarriet and I. I have had a great affec-
tion for her ever fjnce (lie was a child, and
have always been taking great delight in
her company ; and keeping her company
lb often till fhe grew up, my pafTion grew
to that height, that 1 could ftifle ic no
longer, but I was forced to tell her of it,
and then I could not fpeak to her of it, but
writ. But withal I begged her to take no
notice of it to any body, for if fhe did, it
would ruin us both. She was very angry
10 hear of it, and neither by writing nor
fpeaking could I perceive flie had any af-
fedlion for me again, till the Parliament fat
at Oxford ; and then I did purfue my love
Vol. 1. No. 22.

N OF TRIAL S. 512

and my amours, and at lafl:, (heone day told
me, laid flie, " I have now confidered of
it, and if you do not leave writing of
fpeaking to me of this matter, the
very firlt time you write or (peak to me
again I will tell my father and mother of
it," " That ftruck him fo, (he laid), that
he did not know almoft what to fay or
what to do, and he walked up and down
juft likea ghoft •, but he hid it as well as he
could, that it fliould not be perceived by
others. But that Parliament being quickly
diflTolved, he did intend to go down to Suf-
fex to his houie there, being he found flie
was refolved againfl: admitting his affection,
and he would flay there feveral years, till
he had weaned himfelf of his palTion, and
by that time fhe would be difpofed of other-
wife, and he might be at eafe. And he
hiding his trouble as much as he could
from my Lord Berkeley and my Lady,
forbore to fpeak to her, but only when he
taw her he could not forbear looking ear-
neflly upon her and being troubled. My
Lord Berkeley, not knowing any thing of
it, asked him to go to London with us and
not to SufTex ; he was very much perfuaded
by my Lord and my Lady to it; and at
lafl, my Lady Harriett Berkeley came to
him, and told hi.m, (faid fhe) You are very
much perfuaded by my father and mother
to go to London and not to Up-Park, vihy
do not you go with them ?" " Madam,
(lays he) you have (topped my journey to
London, you have hindered my going with
them, for I will rather fufFer any thing tlian
render you any difturbance, and if I go to
London with you, I fliall not be able to
contain myfelf; but if I go to SufTex, I alone
fhall have the trouble ot it. But one day,
when my Lord of Aylefbury v.as leading
my Lady Berkeley, and my Lord Grey was
leading my Lady Harriett, ihe took my
Lord Grey's hand and iqueezed it againll
her breafl, and there was the firft time he
perceived fhe loved him again ; and then
6 P Ihe

514 A C O L L E C T I

flie told him he fliould go to London with
thrm ; and he did go, and from that time,
for a twelvemonth before flie went away,
he did fee her frequently, ahnoft every
night, purfiiing his amour in writing and
fpeaking, to her as often as he could have
opportunity. And though my Lady Ber-
keley put a French-woman to lie with her,
yef flie did ufe to rife from the French-
woman, and he did ufe to fee her. And
one day, (fays he) do not you remember
you came to the chamber door, and ilie was
angry at your coming, and that the door
was not bolted, and if you had come in,
you had found me there."

Serj. Jeferies. Do you remember any
fuch thing ?

Craven. I do not, unlefs it were at Dur-
dants. " And, (fays he) you cannot
imagine what I have fuffered to come to fee
her. I have been two days locked" up in
her clofet without meat or drink, but only
fome fweetmeats,."

Serj. Jefferies. What did he fay of his
making addrefles to other ladies to take off
his paflion ?

Craven. He faid, " He did all he could,
for he would fain have avoided bringing
fuch an infamy upon his own family and
his Lady's, and he did endeavour to cool
his paflion, by makiug love to tVo other
ladies, whom he courted, and enjoyed both
of them, but yet all did fignify nothing, he
could not fubdue it.

Att. Gen, Pray tell us what terms he in-
filled upon, for his parting with her, and
what he faid the law was in the cafe ?

Craven. I told him, " my Lord, befides
the diflionour you bring upon yourfelf and
two noble families, you fliould do all that
in you lies, to avoid the punifhment that
will come upon you for it by law." " Oh,
(fays he) you miftake yourfelf in that, for
you muft think I have confulcred of all that
before •, they cannot do any thing in law
ac,ainft nvj fo'' it ; let them examine the

ON OF TRIALS

cafe of Mrs. Heneage and my Lord Ca-
vendiHi."

Att. Gen. What, did he fay he would not
part with her but upon terms?

Craven. He faid, " I cannot perfuade
her, and I will not betray her." " Truly,
(faid I) my Lord, you had better be-
tray her, and when flie comes to be fenfible
of her own good, (lie will thank you for it.
Then he o\>'ned he had her in his power,
but would not pare with her never to fee her
again."

Att. Gen. What were the terms he flood
upon ?

Craven. My Lady Berkeley fent me to
the Coffee- houfe, and dcfired me to afk
him, " If he v.ould give her an anfwer to
what (he had met him at my Lord Chief
Juftices's about." My Lord told me,
" He did not approve of fending her to the
place propofcd, but he would lend her to
his own fifter, his brothe-in-law Mr. Ne-
vil's." I told my Lady of it, who faid,
"■' if he did ilate the ca(e right to Mr. Ne-
vil, fhe was fure he would not receive her,
nor let hiili come to her if he did." After
that, Mr. Petit was propofed, fo he might
vifit her. But he did fay, " If that be the
defign, that they would have her from me,
and I not com.e at her when 1 pleafe, they
(hall never fee her while they live, nor will
I ever deliver her."

Serj. Jefferies. We reft here, to know
what they on the other hand fay to it, and
we think this foul aft is fully proved.

Lord Cavendijli. My Lord Cliicf Juf-
tice, I defire to be heard one word in this
matter, This gentleman, Mr. Craven, that
was laft examined, lias been plealed to tell
a very long improbable Itory in itfelf, and
amongfl: other things that he has laid, he
has been plealed to m.ake ufe of my name
impertinently enough ; for he ("peaks of a
cale that that noble Lord, he fays, was
pleafcd to mention to him. If he did men-
tion that cafe to him, and did name my

name.

name, he alfo

COLLECTIO

mentions the cafe of two
Ladies, he fays my Lord was concerned
with. I defire to know how he cjme to
name my name, and not name the two Ladies
he fpeaks of that that noble Lord made his
courtfhip to and enjoyed ?

L. J. C. My Lord Cavendifli, I could
have wiflied he had not named your Lord-
fhip, becaufe it was not at all to the pur-
poie.

Lord CavendiPi. My Lord, I am not
concerned at it at all, more than at the im-
pertinency of his ufingmy name.

L. J. C. I could have wiflied indeed, the
gentleman had fpared your Lordlhip's
name.

Lord CavendiPi. I defire to know why
my name was mentioned more than tlie
two Ladies names ?

Craven. My Lord Grey did not mention
the two Ladies names to me.

Lord Grey. No, nor my Lord Caven-
difh's neither, it is all a lie.

Lord CavendiJIi. Iwill believe my Lord
Grey's word, more than 1 will his oath.

L. C. y. That your Lordfhip may do if
you pleafe, but we muft not do fo here.
Come, what fay you to it on the other fide .?

JVilliams. May it pleafe your Lordfliip,
and you gentlemen of the jury, I am of
counfcl in this cafe for my Lord Grey and
the other defendants. And that we may
come clofely to the quefbion ; I defire I
may firfl flate the quellion before you upon
this information, and then you will the bet-
ter judge how far the evidence that has
been given, is pertinent to the iflue that you
gentlemen are to try. The parts of the
information a>e thefe : That my Lord Grey
and the red of thcfe defendants, fhould con-
fpire together to ruin and deftroy tiiis
young Lady, and in the execution thereof,
to bring this their confpiracy to etfeft, they
did often foUicit and intice her ro commit
adultery with my Lord Grey •, and in pro-
fecution of thefe their ill purpofcs and de-

N OF T R 1 A L S. 515

figns, fhe was by force and arms taken away
from the cuftody and tuition of the Earl of
Berkeley her father, and being fo t^iken
away, my Lord Grey and the reil of them,
did procure her to live fcandaloufly with
my Lord Grey, in whoredom and adultery.
Thefe are the parts of the charge, and the
qutflion i?, whether we are guilty of it. For
the evidence, I dare prefume to fay, that
they have not made arty dircft proof of the
matter charged. On the other fide, they
have, I do agree, offered fomething conjec-
tural, upon which a man may imagine and
think what he v/ill ; but how far you are to
conclude the defendants guilty, out of thofe
prefumptions, mufl be left to you, I know
you will very well confider of it. Iz is
plain, we are in a very tender cafe ; it is a
cafe of honour on all fides, and I have often
heard it, and always believed it, " That
perfons of honour and quality in the world,
would rather lofe their lives than their ho-
nour." And I believe it is the opinion of
my client, my Lord Grey, as well as of the
profecutors in this information. And
therefore, you gentlemen, I doubt not, will
expeft to have a clear evidence to convid:
him of this crime. And it is not only his
honour is concerned, but that alfo of
another great, illuftrious and noble family,
to which he is by marriage allied. So than
the acquitting of my Lord Grey of this
. matter, doth, in a great meafure, acquit the
other family of fo great a fcandal. For
that will falfify the information, and by
your verdict you v/ill remove thofe llains,
that elie may Hick on both fides. We are
equally between the two families, and your
confideration will be, whether you will lay
a ftain upon both of them, or acquit them
both. Now there,has been no proof againft
my Lord Grey, of any one point in the in-
formation.

L. C. y. No ? Sure you arc much mif-
taken, it is a direft proof againft my Lord

Grey,

5i6

A C O L L E C T I

Grey, I muft tell the jury fo, and therefore
apply your defence to it as you can.

IVaiiav'.s. Truly, my L,ord, I hope it is
not, and our cafe is bell dated, by laying
open the truth of the faft, and then the
matter will plainly appear. I cannot go
about to juftify the paffion and the folly,
for I inay well call it fo, of my Lord Grey
and this young Lach'^ in this cafe
misfortunate enou2,h to be accufe
thing of that nature, and it may be a great
deal worfe to be convifted. I fliall agree
there have been thofe tranfadlions between
them, that it may be, we cannot juftify in
llriftnefs every thing that my Lord Grey
has done. But, }et ^^e fay he is not guilty
of this information. We do agree, there
has been an extraordinary pafTion, nay, I
muft fay, a very iinjuftifiable one, between
this Lady and my Lord Grey : But to
conclude out of that, that becaufe there
was fuch an unreafonable, unjuftifiable, ex-
traordinary affedtion between them, there-
fore we rnuft infer and conclude him guilty
of this information, is a very forced and
unreafonable conftruftion ; for there are
degrees in love, and we muft not conclude
the worft thing a man can be guilty of, be-
caufe he is guilty of feme degree. Then,
to come home to the cafe of my Lord
Grey, we fhall prove, and give your Lord-
Ihip and the jury undeniable fatisfadion,
tliat my Lord Grey is fo far from having
inveigled away this young Lady, or being
any way inftrumental to the conveying her
away, that he ufcd all means he could to
have prevented any thing of that nature
before, by difcovering to my Lady Berke-
ley her mother, my Lady Arabella, and
my Lady Lucy, her fiftcrs, all perfons of
great honour, and her neareil relations,
that ihe did intend to go away, by warning
them, and giving them full notice, that
there might be fuch an intention in
the young Lady. We (hall prove like-
wife that no man in the world could do

ON OF TRIALS.

more, when fhe was gone, to retrieve her.

We (liall make it out by undeniable circum-
ftances, proved even by their own witneiTes..
It happened that my Lord Berkeley and his
family withdrew to a country-houfe of his
near Epfom, in your county, gentlemen.
My Lady had fome jealoufy, as fhe has
been plcafed to tefllfy, that there might be
It is i fome extraordinary paffion between my
of a Lord Grey and the young Lady •, having
dilcovered it by fome letters, as fhe hath
given evidence. My Lord Grey acquainted
her with his fufpicion, that fhe intended to
go away, and was fo juft, that he did not
conceal any one thing that he knew ; yea,
to acquit himfelf that he had no ill defign
himfeif, and if Ihe did get away it was
none of his fault, he produced a copy of a
letter of admonition, which my Lord Grey
had written to her : And when my Lady
had heard his advice about it, and his
counfel he gave her, fhe faid, " her father
could not have given her better counfel."
This was fo early as July ; in the begining
of Auguft, my Lord Berkeley going down
to his country-houfe at Epfom, and the fa-
mily removing thither. Then my Lord
Grey was fick here in town ; and in this
ficknefs of his, there was a letter fent to my
Lord Grey from his Lady, defiring him to
come down to my Lord Berkeley's ; but it
feems he had been under fome engagement
to my Lady Berkeley, not to come without
her leave, and having regard to his word
paft to my Lady, he would not do it. My
Lady Berkeley, in a few days after, fent
for him herfelf, and therein thanks him that
he was fo juft to his word and honour, that
he would not come down without her in-
vitation. Upon Tuefday before this un-
happy Lady went away from her father's
houie, my Lord Grey came to my Lord
Berkeley's. When he came down, he was
very kindly received by my Lord and my
Lady. On the Thurfdav following my
Lady Berkeley acquaints my Lord Grey,

th^t

A COLLECTI

that this young Lady had a defign to leave
her father and mother's family, and run
away. My Lord Grey was fo frank with
her, as to tell her-, " Madam, I have long
fiifpefled luch a thing, as I have told you ;
bur, Madam, your daughter Harriett is all
day in your eye, you may lock her up at
night, and fecure her if you pleafe." This
was a timely caution given before (he made
her efcape. On the Friday following,
comes a letter from an unknown hand to my
Lady Berkeley, that intimated, " Tiuit
except they had a great care ot their daugh-
ter, and a ftrift eye over her, fhe and her
f.uher (hould not long enjoy her company."
My Lady Berkeley Ihews this letter to my
Lord Grey, fays he, " Madam, this is no
more than what I have often told you, I
have given you fome intimations already,
and my thoughts and advice about it ; and
whoever it be that writ this letter, 1 am
afraid her apprehenfions of fome ill ufage
may put her upon fome fuch defign." And

he repeated it

Madam, let me

caution and advife you, have her always in
your eye, and lock her up fafe at night."
This was repeated over and over, to my
Lady Lucy and my Lady Arabella. Thus
it continued till Saturday, my Lord Grey
refolved to go to his country-houie at Up-
Park, and took his leave of my Lord
Berkely and his family accordingly, and
went that night to Guildford, and ttiere he
lay, and rofe the next morning to go on-
wards of his journey, but was purfued, it
• feems, by my Lady Lucy. For fhe tells
you, " When this young Lady had left her
father's family, fhe immediately on the
Sunday morning came to Guildford, and
fent after my Lord, who was newly gone
on his way, and was found in his way to
his houfe in Suflex. Having received my
LadyLucy'scommands, he returns to Guild-
ford, and there he had tlic firft notice given
him of my Lady Harriett's efcape •, fays
he to my Lady Lucy, This is no more than
Vol. I. No. 22.

ON OF TRIALS. 517

I have fairly warned you of before ; luJ
you taken my counfel. Was fhe locked
up ? No, fiid fhe, flie is gone away, and
your Lordfhip mull needs know where flic
is, and therefore pray get her to return
home again. Says my Lord Gre^, 1 aflurc
you, I know nothing at all of it, and to
give you all the fatisfadion I can in the
world, I did not only warn you of it before,
but I fhall be as induftrious as any of you
all, you fliail find, to recover her again.
For that purpofe, I will fee if (lie have
crofTt'd the river, or is gone any other way ;
and if I can make any difcovt-ry, by letter
or any other way, I will lend you word im-
mediately, ar.d I am fo fincere with you,
that if any letter come to your family for
me, I give free libeitv to my Lotd and all
his family to open them themfelves, and
lee what is in them ; and if I do receive
any from her any other way, a true copy of
it fliall be fent-, and more than all this, if
my Lord be not fatisfied with what I have
faid, let my Lord or my Lady fend, :ind
fet what fpy upon me and my actions they
pleafe. And it feems he was taken at his
word, and they made choice of a very
proper gentleman, and you heard what dif-
coveries he has made, and how he has
worded the matter. For firlf he makes my
Lord Grey at one time a very fubtle lover,
full of all intrigues, and one that could
conceal all within himfelf, and yet (when
it would do him fo much injury) lb open,
as abfolutely to unbolbm himfelf to one
that was an abfolute fpy upon him and his
aftions, and tell him fuch things, as no
man in the world lure is fuch a fool as to
tell another in his circumftances. But th.it
I leave to the jury (as my Lord Cavendilh
has faid) to confidei* of the impertinency of
his long ftory. When he had parted from
my Lady Lucy he comes to London, and
uleth all the diligence he could ro fifld lier
out. On Wednefday again he leaves Lon-
' don, when he could not find her, and goeth
1 6 Q^ .to

A COLLECTION of T

to his own houfe : Upon Thurl'day this
gentleman Mr. Craven comes thither to
him. 7'htre he finds a letter from my
Lady Hariietr, and becauJe he would be
exaft to'his word, he keeps a copy of the
letter, and lends the original of it to my
Lord Berkeley's. Kow no man will ima-

had fuch an intrigue with this
would make the world

gine, if he
Lady, as they
believe, that he would ever have fent fuch
a letter out of his cuftody, which would
have been a colourable excofe for him.
Nay, we do not reft here, but by the way
we produce this letter to this gentleman,
who it feems was our guardian, and told
him moreover, here is my anfwer to this
letter, and fends a copy of his anlwer with
the letter from her to my Lady Berkeley.
Then there conies a Jecond letter, aud he,
according to his word, difcovers that, and
there is not one circumftance in all his car-
riage that doth accufe him. After this
fecond letter was imparted to my Lord
Berkeley's family, he continued a-while at
Sufiex, and afterwards when he returned to
London he ufed all the means imaginable,
for a perfon that was fo near concerned, in
point of relation, and in regard of his own
reputation, to have found her out, but
could not. Thefe are the circumfhances of
my Lord Grey's particular intereft in this
matter, and when we have made out thefe
circumftances, we hope the world will be-
lieve him not guilty. It feems the young
Lady is now in court •, fhe is fo jult, it
feems, as to come to do my Lord right,
and that one thing will knock all their con-
jedures on the head j for fhe beft knows
what has been done, and the jury will con-
fidcr, whether this be imaginable, that my
Lord Grey fhould conceal her all this while,
and produce her now, when if any violence
have been offered her, flie may freely tell it.
And as for the man that could tell fo very
readily this was the very Lady that came to
his houfe, when fhe had fo hoodedand muflled

RIALS.

up herfelf, we muft leave him and his
credit to the jury. We Ihall therefore
defire, when we come to the clofe of our
evidence, that tliis young Lady may be
here examined upon her oath, and then I
hope the truth will come out.

Ml . Thompjon. My Lord, becaufe your
Lordfhip feems to be fomewhat fatisfied
that there is a dire»51: proof of the matter
charged againft my Lord Grey, therefore
I fuppofe it will not be amifs to open the
fa<5t, and in three words to ftate the charae,
and the nature of their evidence to maintain

L. C. y. Come, come, call your wit-
nelTes, and make out your defence.

Juft. Dolbt'n. If you can prove what Mr.
Williams fay?, you do fomething, but do
not think to make long Ipeeches, go on to
the evidence.

L. C. J. Pray, Mr. Thompfon, do not
you believe we want any of your help to
recoiled the evidence given, or to direft
the jury about it, do you difprove it if you
can.

Thompfon. My Lord, the courfe of prac-
tice I always took to be fo, to open and ob-
ferve upon the evidence given, anu then
anfwer it. But I fuhmit to your Lordfhip
for that-, you may do as you pleafe.

Lord Grey. Then, my Lord, I defire I
may fpeak fomething myfelf. Certainly,
my Lord, no man ever lay under a more
infamous accufation, than I now do ; and
therefore I hope your Lordfhip will pardon
me, if I defend myfelf as well as I can from
it •, and undoubtedly, if in any cafe a man
be allowed to ipcak for himfelf, it mufl be
allowed to me in this. My honour lies
here at ftake, and if my life did fo too, I
am nor, nor fliould be more concerned to
lave that, than I am to clear my reputation,
which is and ought to be very dear to me.
My Lord, were I guilty of the viilanies
that here are laid to my charge, I certainly
fliould need no other punifhment, I am

fure.

A COLLECTIO

fure, I could not have a worfe, than the
icfleftions of my own confcience for them,
and I ought to be banifhed the fociety of
mankind. My Lord, I muft confcfs, I
have been fo unhappy (chough it is more
than they could elfe prove) as to have a
very great kindnefs for this unfortunate
young Lady, my Lady Harriett Berkeley ;
but vet, not fo criminal a one as the wit-
nelfes that have been produced would iiave
you to believe, nor as the information
would infinuate. I do here proteft, I was
no way afTilting to her efcape, nor privy to
it, nor have I ever at all fince detained her
from her father, though I have fuffered a
.fortnight's clofe confinement and imprifon-
ment for it •, and all this I doubt not to
make out to your Lordfhip's and the jury's
fatisfavftion. I fhall fay no more of the
juftice of my caufe, but endeavour to prove
it ; and, my Lord, this is that which I fay
to it. The evidence that has been given,
confifts mod of fuch and fuch difcourfes
that have been between the witneffes and
myfelf, and thofe I (hall give what anfwer
IS fit to be given to them. A negative, as
your Lordlhip very well knows, is not to
be proved. Particular difcourfes we have
had, of the fame nature as Mr. Williams
has opened, about my cautioning them
concerning her attempts to go away •, and
I ("hall appeal to my Lady Berkeley herfelf,
whether that be not fo. If my Lady
Berkeley own it to be true, I hope that is
very good proof. My Lord, about the
time that they fpeak of, concerning the
letter, which 1 take to be in June or July,
1 was fent for by my Lady Berkeley into her
chamber -, when I came there, my Lady
told me there was a letter, which fiie faid
was defigned to go from her daughter to
me. I afked her, if fli- had read the con-
tents of the letter, (he faid. No. I afked
her, whether the diretlion of the letter
were to me, (lie could not tell that. But
my Lady had told me, her daughter had

N o F T R I A L S. 519

given her the account of what had paflcd
between us, that flie was fatisfied there was
a correfpondence of love between us. To
remove all fears, I proffered to ablent my-
felf. I defire my Lady may anfwer whether
this be not fo.

L. C. J, That will be to intricate the
bufinefs, to go on thus. Pray, my Lord,
if you will afk any queflion of any body,
tell them your counfel, and let them afk
them, but to make long difcourfes all day
is not to be permitted.

Lord Grey. My Lord, I v.ill afk then
my queftions all together by and by. My
Lady Berkeley going down with my Lord
to Durdants, defired that my wife might
go down with her, to which I readily con-
fented. Soon after that, I fell fick and
kept my bed a-while. When I was well
again, and going into Suflex, I fent for my
wife to town, and would not go fetch her,
becaufe I would keep my word with her
Ladyfliip. My Lady Berkeley thereupon
wrote me a letter, wherein fhe thanked me
for not coming according to my promile,
and commended my modefty in it ; and
faid. There would be no apprehcnfion of
any ill from me, if I did come thither for
a lliort time. And thereupon being in-
vited by her Ladyfhip, to take her houfe in
my way to SufTex, I did come down thither.
And I urge this, to fhew that there was no
confpiracy or defign of any fuch thmg in
me, for I had not gone to Durdants, if I
had not been fent for, and lb there was no
defign in my going. When I came thither
it was the I'uefday, and on the Thurfday,
my Lady Berkeley did acquaint me, flie
was under great apprehenfions and fears j
and I asked her the reafon of it. She told
me. That llie had been at fome cal'c, her
daughter having made a great lubmifTion
to her, and pronfife of conftant obedience,
and that fhe would do all as fhe would
have her, if fhe would but give her leave to
go to town with her ; but yet, for all this, ~

one-

520 A C O L L E C T I

one morning Ihe puts on her hoods and
Icarfs, and was going away, and. had done
it, but tliat the French- woman and another
prevented it. I told my Lady Berkeley
then, M.idam, laid I, I have good reafon
to believe Die may have ibme luch intention.
1 did not give my reafon at that time, but
I flidll by and by. But, faid I, if fiie do
go away, I cannot imagine but that it is
polfible file may iend to me, and I will give
your Ladvfhip notice as foon as ever 1
know i and though you feem to be fatif-
fied, and to think your daughter fecure
here, yet you do not think her fo indeed,
and you muft needs ule her ill, or fhe would
have no thoughts of going from you. For
my part, if Ihe do go away and come to
me, I will fliun it as I would death, and
you have now fair warning, fhe is all day
in your eye, pray be fure to lock her up
kic at night. Upon Friday following
comes a letter without a name to it, and
Mr. Williams has opened to you the con-
tents of the letter. She read the letter
when her daughter was in the room, who
afked what the letter was, and being denied
to have any account of it, was in the
greateft confufion in the world, and leaped
and run down Hairs like a mad thing, and
my Lady herfelf was very much ditturbed
at it. When I faw the letter. Madam,
faid I, this letter ought to confirm you in
the refolution ot taking my advice; it can
come from no body, but fome one that is
to affift in the executing of this defign, but
thinks it too dangerous to engage in, and
gives you this warning to prevent it. You
have fufficient caution given you to make
you careful. Whereas, my Lord, if I had
been in any fort of confpiracy of that
nature, to take her away, my Lady Berke-
ley certainly (liould have been the laft
woman in the world that I would have
communicated it to. My Lord, I went
away from Durdants on the Saturday, and
f© to Guildford, where I lay that night,

ON OF TRIALS,

and went on my journey the next morning,
but was overtaken on the road, by a mef-
fenger from Lady Lucy, wlio was come to
Guildlord to fprak with me ; when I came
back to her, Ihe told me, my Ladv Har-
riett was gone away that night, and they
did believe I knew where (lie was. Said
I, Madam, I have as great a fhare in this
misfortune as any of you all, becaufe of
your fufpicion -, but lure you muft have
ufed her very ill, and make her do this;
and you are much to blame, when you had
all that warning from me ; why did you
not fecure her, and lock her up as I ad-
vifed you ? Said flie, fhe was locked up,
but the key was left in the door. Upon
this I went ta London, and I had appointed
my Lady Lucy to meet her on JMonday
morning, to give an account what I could
learn ; but I told her, that I had heard
nothing of her, nor is there any proof that
1 did fee her at any time, till I owned it
before your Lordfhip at your chamber.
She feemed not to believe me when I told
her fo. Madam, faid I, it is certainly
true •, and to convince you that I have no
hand in this matter, I will go immediately
into Suflex, and there I will ftay as long as,
you will have me •, and if you pleafe to go
yourfelf with me, or fend any body elfe, lo
obferve what I do. She thought it not fie
for herfelf to go with me : But my Lady
Berkeley and {he afterwards pitched upon
Mr. Craven, who had been a long time a
fervant in the family, and I agreed with
my Lady in that, to have him, and receive
him as a fpy upon me. Difcourfing with
my Lady Lucy, faid I, Madam, Now I
will tell you the reafon, which I forbore to
tell my Lady Berkeley, why I had good
ground to fufped my Lady Marriett had a
defign to go away, and it was this ; My
Lady Harriett came to me one day, about
fix weeks or more ago, in the Court- yard
at St. John's, and fays fhe to me, 1 am
ufed like a dog, I live the life of a flave

here.

A COL LECTIO

fiore, I can endure it no longer; by the |
eternal God that made me, I will not be
alive long, unlefs I can fet myfelf at liberty.
This I faid to my Lady Lucy ;. and thefe,
faid I, were realons enough tor me to warn
you to look well after her. I did, accord-
ing to agreeirent, go into Suflex imme-
diateW, and I then told my Lady Lucy, I
believed 1 might have a letter from my
Lady Harriett, by the Wednefday night's
port ; becaule, faid I, fhe cannot write
iooncr than that, and if I have, I wll lend
you word. When 1 was there, Mr. Craven
came the next day to my houfe ; and as
foon as he came ; faid I, Here is a letter I
have received from my Lady Harriett, and
if you will, you may take a copy of it.
I took a copy of it myfelf, and fent the
original of it to my Lady Lucy, though
they have not thought fit to produce the
letter now in court, that your Lordrtiip and
the jury might fee it. But here is mine,
which was the firft account what was be-
come of her after fhe went away, that I
received, except what account I had from
my Lady Lucy at Guildford -, and this will
fhew to all the world, that I was not fo
much privy to her going away, as they fay
I was. I had denied to affift her in it,
when Ihe complained to me of her ill ufage •,
and when fhe attempted to go away before,
I, upon my Lady's telling me of ir, gave
her fufHcient caution. And for thr truth
of all this, I appeal to thofe very witnefles
that have been produced againft me. When
I had fliewn this letter to Mr. Craven, I
fent it away by a lervant of my own, to my
Lord Berkeley's, and writ to my Lady
Lucy, and dcfired her to pen whatever
anfwer flie fhould think fit to fend. My
Lady Lucy did write to me back again,
and told me the fubftance of what I was to
write, but the penning of it fhe did leave
to me, for fhe believed I w^ould do it ef-
ftdtualiy. I did write an anfwer to my
Lady Harriett's letter, and that anfwer 1
Vol. I. No. 22.

N OP T R I A L S. 521

fliewed to Mr. Craven, and aflced him if it
were fufficient, and he feemed to approve
of it. The Lady herfelf is in court, I
know not whether fhe can give an account
of the letter, I fuppofe flie can tell you
what an one it was. I had afterwards ano-
ther letter from her in anfwer to mine, and
that I have here, and it will appear by
both of thofe letters, whether I had any
intereft in her going away. Though per-
haps that would not have been fuch a crime
neither, and yet I think withal, that there
is not a tittle of proof that I had any hand
in it, not one proof of any circumftance
liice it. And if there be any crime, it muft
be the taking of her away, to fuch an
intent and purpofe as is charged in the in-
formation. Before I came to town, I was
fent for about fome other bufinefs, yet I
would not come till I had my Lady's con-
fent ; for I fent her word, my Lady Har-
riett writ in her letter, that fhe was goino-
beyond fea, and if I went to London I
might prevent it, but I would not go with-
out my Lady's, or Mr. Craven's confent and
approbation. When I came to town, I
was one day at the coffee-houfe in Covent-
Garden, 1 was then fent to by this Lady,
who was in an hackney-coach at the door,
and when I came to the coach-fide to her,
flie gave me a tedious hiftory of her ill-
ufage at home^ which made her come
aWay. And when your Lordlhip's warrants
were out to fearch for her, I came up to
your Lordfliip, and I dare appeal to your
Lordfhip, whether I did not acquaint you,
that fhe only fought for proteftion, anil
was willing to return home, fo flie fliouid
be fatisfied, flie fliould not be ill treated
again. You then told me, I couki not
protedt her againft her father. I then told
your Lordfhip and my Lady Berkeley, fhe
was not in m,y houfe, nor in my cultody.
They replied, flie was in my power j but
how could file be in my power ? When fhe
was not in my cuftody, nor in my lodging-
6 R But

'fc

522

A COLLECTION of T

But my crime wa';, that I knew where fhe
was. And if I do deferve punimment for
keeping my word ap.d faith with her, which
I gave her in a letter, upon her importunity
not to betray her, I niulf fubmit to it, I
could not in honour do otherwife. My
Lord, I defire this firft letter may be read,
which was firit fent by my Lady Harriett to
me.

L. C. y. Surely, my Lord, for all your
lonor difcourfe, you cannot but apprehend
yourfelf miftaken, when you lay there is no
crime charged in the information^ but the
taking her away to fuch an intent and pur-
pofe. Sorely there are other things belides
that. An.: v!iat you fpeak, if not proved,
your Lordihips knows, mull pafs for no-
thing.

IVillu/rns. My Lord, your Lordfhip has
made a right diftindlion between difcourfes
and proofs. Therefore difcourfes between
ftrangers and third p:rtbns, are not to be
flood upon, but the proofs are -, and all the
evidence together muft be left to the jury,
to ccniider what is material and pertinent,
and what not. We fhall therefore go on
to our evidence ; and lliall begin with my
Lady Berkeley (irft, and a(k her Ladyfhip
fome qudtions. And we defire to know
whether flie hath feen this letter .-'

L. C. J. But take notice, the letter you
propofe, we cannot read it.

Williams. Hur, my Lord, it was agreed
between my Lady Lucy and my Lord Grey,
that" if he received any letters from my
Lady Harriett, he fhould communicate
them to my Lady Berkeley, and this letter
coming to him, he firft fhews it to Craven,
this man that was thus fet as a fpy upon
him, and after fent it to my Lady Lucy,
2nd whatfoever anfwer they would have
fent, was-promifed fliould be, and accord-
ingly was firft fliewn to Craven, and then
ient. If this were the agreement, and thefe
letters were thus written, then fure we may
;-eacl iliem.

RIALS.

L. C. y. You may an< my Lady Berke-
ley any queftions, but mult not read any
fuch letters.

Serj. ycfferies. Pray, Mr, Williams, leC
us go according to the courfe of law, and
give no evidence, but what is fit to be
given as evidence.

Williams. Then thus. Madam, pray can
you remember the difcourfe that pafi; be-
tween my Lord Grey and your Ladydiip in
June, concerning your daughter and him?-

Lady Berkeley. "Where .''

IVilliatns. At St. John's.

Lady Berkeley. I do not well know what
difcourfe you mean ; bur any particular
difcourfe that w^s there I will aniwer to.

Williams. That difcovirfe that part be-
tween you thefirlf time that you acquainted
my Lord Grey that yoa fufpedled there was
too much familiarity between him and your
daughter ?

Lady Berkeley, The fird time, do vou
fay ?

Williams. Yes, Madam, I think you
were pleafed to fay, that upon your firit
difcovery, you fent for him and talked
with him.

Lady Berkeley. I did not fay upon my
firft difcovery, but when I had difcovered
it. For I would be very punftual to the
truth in my evidence.

Williams. You fay, your Ladyfhip had
fome difcourfe with him in June.

Lady Berkeley. I think it was in June.

Williams. Pray, Madam, can you rc2
member what my LordGrey promiled your
Ladyfhip then ?

Lady Berkeley. He told me then, he
would obey me in any thing, even if 1
would banifli him my houie.

ll'tlliams. "Was there any letter then
produced by your Ladyfliip or my Lord
Grey .'

Lady Berkeley. Of what concern.''

// iltianu. Any letter that related to your

daughter i"

Lady

A COLLECTIO

Lady Berkeley. No, but I told him of a ''
letterthat was fonnd, that fhe had writ to him. i

U'll. Madam, pray, have you that letter |
or any copy of it ?

Lady Berkeley. No, it was torn to pieces,
I can bring the pieces, I believe, if there
were cccafion.

"Thompfon. Your Ladyfliip read ir, I fup-
pofe ?

Lady Berkeley. No, my daughter Bell
read it, and tore it In pieces.

Wil. Was there any difcourfe between
your Ladyfhip and my Lord Grey, about
any other letter ?

Lady Berkeley. Not at that time.

JVil. Was there at any other time ?

Lady Berkeley. Yes, at the Charter-houfe
at my Lord's houfe, one day my Lord Grey
defired me to walk into the gallery, for he
had fo.nething to communicate to me, and
the difcourfe that paft between us then was
this, he fhewed me there a letter of the paf-
fionate love he had for her, with foine good
counfcl in it.

Wil. Did your Ladyfliip approve of the
counfel he gave her .''

Lady Berkeley. Never when there was
fo much love and pafTion in the letter.

Wil. i-ray. Madam, recoiled yourfelf,
were you not plcaled to like of that let-
ter ?

Lady Bi.rkiley. I could nevrr like of the
paffionatc exprefii' ns in it : there might be
fomethi.^s: in it weli Aicj enough, but with
tne greateft exorrfllor": ^t-'paffion and love ;
inf-mjc'i, that he hiUMvlf faid of it, Ma-
dam, "m afl-.amed ..^ rhat pirt, and would
have ha i me overlooked it.

IFil. Did your Ladyfliip fay, her father
could not give her bectcr advice r

Lady Berkeley. Not that I know of.

Thompjon. Pray, Madam, did you ever
fay fo ?

Lady Berkeley. Surely I did not -, for I
could not but think he could give her a
great deal better advice.

N o F T R I A L S. 523

Wil, Does your Ladyfliip, pray. Ma-
dam, remember any difcourli; between my
Lord Grey and you, upon the Thurfday
before your daughter went away ?

Lady Berkeley. I cannot tell for Thurf-
day.

Wil. Does your Ladyfhip remember the
letter you received from an unknown hand ?

Lady Berkeley. Yes, I do.

Wil, Did you fliew that letter, or read it
to my Lord Grey ?

Lady Berkeley. My Lord Grey came up
tome, and feemed to be very careful of my
concerns. Madam, faid he, pray take care,
for I faw a letter direfled to your Lady-
fliip, without the mark of the Poll, or the
Penny-poH: upon it. And, faid he, I give
you this caution about it beiore it comts to
you, becaufe my Lord was by; I arofe up and
went to the other fide of the room, and my
Lord Grey followed me, and when I took up
the letter, I faw fomething that I thought to
be very odd and unufual in his carriage,
as if he were in great diforder, as I was ;
and I went to my chamber, thither my Lord
Grey followed me, and that letter he would
fee, becaufe, he faid, it had put me in fome
diforder, I told him he fliould not fee it as
then. I fent for my daughter Lucy into
my clofet, and fhewed it her, and flie was
in great diforder about it too.

Willtams. Pray, Madam, can you remem-
ber whether that letter did caution you
" To look well to your daughter, or elfe you
were not like to have her company long ?"

Lady Berkeley. The letter did lay fome
fuch thirg, " I mull look after my daugh-
ter, or I fliould lofe her."

Thomfon. And this was on the Friday
before (he left your Ladyfhip, Madam, was
it not }

Lady Berkeley. Yes, it was fo, I think.

Williams. Pray, Madam, what did my
Lord Grey fay upon that .''

Lady Berkeley. He was extremely earnefl:
to fee the letter, " Becaufe, (faid he) it had

524

A COLLECTION of TRIALS.

ib difordered me •," and at laft I was per-
I'uided to let him fee the letter •, he turned
the letter upfide-down, and looked on the
fubicription. " Madam, (fays he) Is this
all that diforders you fo much, I am ufed
to have many fuch letters by the penny-
pofl: ; this is nothing but to amufe you. It
is a very filly letter, and written by fome
woman, as you may fee by the Ipelling."

(Fil. Did he caution you to lock up your
daughter a nights to fecure her ?

Lady Berkeley. Not one word upon this
letter ; but the next morning again talking
about this letter, he faid, it was a foolifli
letter, and what fliould I trouble myfelf
about it for ?

I'P'H. But, Madam, had you any caution
given you by my Lord Grey about this
time, to take care of your daughter ?

Lady Berkeley. Not that I remember, to
lock her up.

mi. What then did he fay ?
Lady Berkeley. I will tell you what he
faid to me once or twice. Madam, what-
ever you do, do not make her defperate.
I asked him v/hat he meant by that word .''
Said he. It is not neceffary to explain that
word to you, I meant nothing but do not
life her ill." Now, my Lord, I was fo far
from that, that I ufcd her with all the ten-
dernefs of a mother, like a fifter rather than
a daughter -, nay, he himfelf has confeflTed
fhe was better ufed than he imagined flie
was.

IVil. Did your Ladyfhip, at any time,
intimate to my Lord Grey, that you had
any apprehenfions of her intending to go
away ?

Lady Berkeley. I did tell him, that when
I was at London, my woman that lay with
her, did rife about eight o'clock, and left
my daughter alone in the room, and when
fhe came up again, my daughter had put on
her hood and Icarf, and her petticoat was
pinned up, as ready to go out, and the wo-
man being afiVighted at this, called up my

other daughter and fo prevented it ; and
after came and told me fhe had pinned up
her petticoat thus about her, and flie did
not know what flie meant to do. Upon
this I went to my daughter, and, faid I,.
What is the reafon that you pinned up your
petticoat, and put on your hood and fcarf ?
Says fhe, I had not my fcarf oa. But fays
my woman to me, when I came into the
room, you thruft fomething into your
gown. It is true, I did fo. Madam, (fays
fhe, but it was upon this account, I had
got a fheet of paper, upon which I intended
to write, and feeing her come in, I put it
in my gown.

IFiL Pray. Madam, did my Lord Grey
at any time caution your Ladyfhip about
your daughter, to lock her up, or tell you
his opinion, that he thought flie would
leave you .''

Lady Berkeley. I cannot pofitively fay
that ; but he ufed to fay to me. Madam, do
not make her defperate ; I do not know
that ever he advifed me, as to the locking
of her up.

Thompfon. Did he defire you, Madam,
to take care that fhe did not go away from
you .''

Lady Berkeley. I do not remember it.

JVil. Pray, Madam, can you tell who
brouglit that letter from an unknown hand
to you at Durdants .''

Lady Berkely. It came down with other
letters to my Lord's Steward.

Serj. Jefferies. But your Ladyfhip fays
my Lord Grey was very foUicitous about
that letter.

Lady Berkeley. Yes, Sir, he came to me,
and very earneflly cautioned me about it.
For, faid he, I fee there is neither the Ge-
neral-Pofl nor the Penny-Poft mark upon
it. And knowing himfelf guilty of what
he v/as guilty of, he might be afraid left my
Lord fliould fee it, and fo his bufinefs come
out.

IVH.

A .TC O L- B'E-C T I O N of TRIAL S

n^a. Pray, my. Lady Lucy, do you re-
member that ever my Lord Grey advifed
the locking her up ? '

Lady Lucy. Upon difcourfing of the
letter that came from an unknown hand,
my mother iaid to my Lord Grey, fure
that is i'uch a horrid thing that it can never
be done ; my Lord Grey might then reply
^nd fay. If you fear it you may lock her
up ; but I do deny that ever I heard him
i'ay any thing to caution my mother, that
be thought fhe was going.

im. Madam, the queftion I ask your
Ladyfliip is, whether my Lord Grey did
or no diretl or advife to lock her up ?

Lady Lucy. Upon my mother's difcourfe
concerning the unknown letter, and how
fad a thing that would be, he might fay,
that if fhe feared that, fhe might lock her
up ; but he never did lay. that he did think
fhe would go. < DHiJ ,T-jn.'i:;;

Ti'mp/r.f2. Fray, whenwJas this, Madam,
bow Jong before fne Ittctjie family ?

Lady Lucy. The day btfore.

IVii. Then, Madam, for the diftourfe
you had with him at Guildford, what laid
be, he wou Id do .'' -: i • "

Lady L^icy. It was it London, that he
palled 'his word to go down into the
country..

IFu'. What did he promife you to c'o
there. Madam ?

Lady Lucy. He faid he would rot (tir
from L^p-Park till he heard from my father.
- fVil. ' Whzi did my Lord fay to you,
Madam, about the letters- -he fhould
receive ? . .

Lady Lucy. He did fay he would fend us
all the letters that came to him from her,
and if any came to our hands we were to
open them.

■ M''!!. Was my Lord Grey willing to re-.
ceive a fpy,.Madam, upon him ? ■ '

■ Lady Lucy. Yes, he was.
lyil', Was there any letter lent to your

Ladyfnip from my , Lord Grey

one in it from my Lady Harriett.

fV:L Have you thofe letters by you, Ma-
dam ?

Lady Lucy. Ko, I have neither of them
here.

fVil. Can you tell the contents of it ?

Lady Ltfcy. I have told them already.

fViL Pray, Madam, will you pleafe to re-
colleft you rielf a little, when you were at Guil-
ford, and told my Lord Grey that my Lady
Llarriet was gone away, did not my Lord
tell you, " You had not obferved the di-
reflions and advice he gave about her, to
lock her up," and did not you then anf^cr
him, " Yes, the door was locked, but the
key was left in ?"

Lady Lucy. I did reply, " The woman
had not locked it carefully enough after
her."

IFJl. Did you not fay, " That the door
was locked, but the key was left in .-"'

Lady Lucy. I do not remember a word
of that.

IFH. Madam, will you pleafe to call your
eye vipon that letter, and fee if that paper
be a true copy of the letter you had ?

L. C. J. What paper is that you offer,
Mr. Williams ? :

Wil. It is a letter from the young Lady,i,
to my Lord Grey.

L. C. J. You know no ufe can be made
of that paper, why do you oflVr it ? k is
contended xhzi my Lord had the Lady in
his povv'er, and then would not ibe. write
any thing i" Lna ,-.■■>■'

PVil. Then, my Lord, there is the young
Lady herftif, we dcfire Ihe may be exa-
mined.

Seij. Jejferles. But before we part with ■
my Lady Lucy ; if you have done, we cle-'
fire to ask her a queftion ■, ia is.hc-.rt infi-
nuatcd, as if there had been fo:r.e liardfhip
put upon this young Lady, or tome ill
ufage in Iitr father's' family •, now for the
honour of rliat noble family, I would have
that point cleared, and therefore, pray. Ma- -
..-Lady Lucy. Yes, there was a letter witli ; da^m-vtii^ you everobierve any uukindncfs.
Vol. I. Ko. i'^. 6 S any..

526 A C O L L E C T I

any iVvt-ricy, <jV harfr. ufage, that was ufed
to th;s Lady, by ii:y Lord, or my Lady
2C c.iiy iirn^ ?

.Lady Lucy. So tar from that, thnt all of
lj3 had a jealoufy th.U (lie was loved beiV.

SerJ. jffferks. Pray cake notice of that,
grhtlcir.cri.

/,. C. J. Pray, Madam, let me ask you
oie queUioa. After my Luly had difco-
vefed iliis evil aH'eflion betv^een my Lord
(i,-ey and this young Lady, did Pnc then
l>ut any indeeent Icverities upon her, or ult
her very hardly ?

L,ady Lucy. My Lord, I came out of
l-rante but i^o days before fhe went away.
1 faw no fucii thing.

^7/. We ask her about my Lord Grey,
and you ask her about a third pcrlon.

Serj. Jeffcries. Oh good Mr. Williams,
v?e know why we ask her that queftion. It
is an extraordinary cafe. Pray my Lady
A.rabella, will you anlwer the fame quef-
tion ?

L. C J. Ay, Madam, pray let me ask
yoq, after this ill bufinefs between my Lord
and her was dlfcovered, did my Lady Ber-
keley (I cannot fay my Lord, for he knew
nothing of the matter till flie was gone
away) ufe her ill or unkindly ?

Lady Arabella. No, no, my Lord, no
mother in the world could be more indul-
gent and kind. She diti indeed find it ne-
cefTary to have a ftrider eye ovrr her, and
ihe did put a woman about her to look after
her, and did not permit her to write any
letters. She had, or exprefled a greater
kindnefs for her, than any of us all be-
fides.

Lady Berkeley. Ay, and that my Lord
Grey knows to be true.

L. C. y. No, no, when my Lord Grey
was in his paflion, he might fay i'o^ but
he has no proof to fliew of it.

Serj. Jifferies. My Lady Lucy and my
Lady Arabella, what pcrlon did you fear
Ihould take her away, pray ?

Lady ylr:ibella. "We were not afraid of

O N

F-

TRIALS.

any body but my Lord Grey.

Lady Lucy. 1 here was no reafon for fear
of any body but him. . ?

li'illiams. MyXord, there is the young
L.ady, we defire Ihe may be fworn.

A:t. G?r.. We oppoie it. Sir, and hav^e
very good reafon lo to do, and we think
it is time to do it nov/, if ever.

L. a y. Why fhould flie not be fworA»
Mr. Attorney ?

Jiift. Biltin. Jf the Lady her felf have
the confidence to be fworn, I fee no reafon
why llie Ihould not.

Att. Ccn. This cafe, my Lord, is in the
nature of a ravifhment of ward, for it is
for taking a young lady out of the tuition
and cullody of her father, who is her guar-
dian by nature, and it is apparent in the
proofs, flie is highly criminal in this very
matter herielf, in contenting to go away
in fuch a manner, and to fuch an evil pur-
pole ; and now (lie comes to excufe one,
that is not only a partaker in her fault, but
the firft feducer. Now, my Lord, when
we have proved this matter of love upon
her, that is laid in the information, fure (lie
cannot be a witnels for them, flie would be
a wicnefs to excufe herlclf.

L. C. y. Mr. Attorney, I do think truly,,
that notwithftanding what you fay, fhe may
be a witnels, being no party to the infor*
mation. But withal, I think there is very
little credit to be given to what flie fays.

IVilliams. Sure tliefe gentlemen forget
themfelves much in o(Fering to hinder or
oppofe one's being a witnefs, that is no
party in the caufe.

Serj. yefferies. Truly, my Lord, wo
would prevent perjury if we could.

[Then fhe was fworn.

/_. C.y. B'-ocher Jeffcries, wecannotop-
poie it, if they will prefs ir, and (he con-
fcnt, but I tell you what I think of it.

IViHiams. If (lie be fworn, my Lord, we
would ask her a queftion or two. Madam,
we would dcfire your Ladylhip to anfwer

whether

A COLLECTIO

V'liether my Lord Grey had any liand in 1
your efcapc ? i

Lady Henrietta. No, Sir. ■

Jurt. Bolbin. You are upon your oath, '
Madam, have a care what you lay, confider I
with yourfelf. !

Lady Hen. Yes, I know I am upon my
oatii, and 1 do upon my oath fay it.

Wil. Did my Lord Grey advifc you to
it?

Lady Hen. No, I had no advice from
him, nor any body about him, nor did he
know any thing of it, it was all my own
delign.

Serj. Jefferies. IVIadam, I would ask you
■ this queltion, and pray confider well be-
fore you anfwer it. Did you fee my Lord
Grey on the Sunday after you went away
fj-om your father's ?

Lady He>i. No, I did not.

Scrj. Jefferies. Did you fee him on Mon-
day ?

Lady Hen. No.

Serj. Jefferies. Did you on Tuefday .-'

Lady Hen. No.

Serj. Jefferies. Did you on Wednefday .?

Lady Heu. No.

Serj. Jefferies. Good God ! Pray, Ma-
dam, how long afterwards was it that you
faw him ?

Lady Hen. Sir, it was a great while af-
.ter.

JFil. How many days or weeks after
was it ?

Lady Hen. Sir, I cannot tell.

Serj. Jefferies. As near as you can, Ma-
dam, when was it ?

Lady Hen. J can remember the lirft
place that I faw him at after, but the time
exadly I cannot.

IVtl. "Where was that. Madam ?

Lady Hen. It was in a hackney coach.

TVtl. That was the time, I fuppofe, that
you fcnt for him out of the Cofiee-houle in
Covent-Garden ?

Lady Hen. Yes, I did fo.

IViL Pray, Madam, did you write any

N OF T R I A L ^ 527

letter to my Lord Grey after your goin;^
away ?

Lady Hen. Yes, I did, by tlic next Pod.

IFH. When did you write that letter.
Madam ?

Lady Hen. I did write it upon the Tuef-
day aher 1 came away. I hope that is no
offence.

L, J. C. Is it not ? You fliould have
writ to fomebody elfe fure.

Lady Hen. 1 thought him the fitted per-
fon forme to write to, and 1 did not ima-
gine it would be any ways fcandalous for
him, he being the neareft relation I had in
the world, except my own brother, that
could prote6l me.

l-yn. Had you any anfwer from my
Lord Grey to that matter. Madam ?

Lady Hen. Yes, and a very harlh letter
it was.

JVil. Did you write him any other letter f

Lady Hen. Yes, but I received no an-
fwer of it at all.

Thompfon. Pray, Madam, did my Lord
Grey, at any time, perfuade you to return
to your father's ?

Lady Hen. Yes, he did fo feveral times,

Serj. Jefferies. Pray, Madam, do you
know Charnock, that was my Lord Grey's
gentleman i*

Lady Hen. Yes, I do.

Serj. Jeffeiies. Upon your oath, did not
he carry you away from Durdant's ?

Lady Hen. No.

Serj. Jefferies. Nor did not his wife af-
fid you in it ?

Lady Hen. No.

Serj. Jefferies. Nor was fhc not with you
on the Sunday morning ?

Lady Henrietta. No, nor was not with me.

Alt. Gen. Were you not at Mrs. HiU
ton's then, Madam ?

Lady Henrietta. No.

/Itt. Gen. Were you at Patten's ?

Lady Henrietta. No.

Sol. Geu. Nor at Jones's ^

Ladv

COLLECTION

No, nor at Jones's up-

528 A

Lady Henrietta
on my oath.

Ait. Gen. Pray who did come wkli you
from Durdant's ?

Lady Henrietta. I fliall not give any ac-
count of that, for I will not betray any
body for their kindncfs to me.

PFallop. If it be no body in the informa-
tion, Can is not bound to tell who it was.

Lady Henrietta. If I have vowed to
them before, not to difcover, I will not
break my vov/ to them.

Jull. Dolbin. If they ask you of any
body in the information, you have heard
their names, you mull tell if it were any of
them, but you are not bound to tell if it
were any one elfe.

Lady Henrietta. No, it was none of
them. I went away upon another account.
L. C. J. ]f you have no further queftions
to ask her, pray. Madam, fit down again.
l^a.dy Henn'etta. Will you. not give me
leave to tell the reafon why I left my fa-
ther's houfe ?

Jull. Dolbin. If they will ask you it they
may. You are their witnefs,

IVilliams. No, my Lord, we do not
think fit to ask her any fuch queliion •, (he
acQuits us and that is enough.

L.aJy Henrietta. But I defire to tell it
■ myfclf

L.C.J. Truly, I fee no reafon to per-
mit it, except we law you were a more in-
diffe'rent perfon to give evidence than we
find you.

Lady Henrietta. Will you not give me
leave to ipeak for myfelf ?

Jufl. Dolbin. My Lord, let iier fpeak
whJt fhe has a mind to, the jury are gentle-
men of difcretion enough, to regard it no
more than they ought. But Madam, for
God's fal<.e, confider you urc upon your
oath; and do not add wiltul peijury to
your otiier faults;,

Laciy Henrietta. I liave been very much
fcficc'tcd upon here to-day, and my repu-

o P TRIALS.

tation fuffcrs much by the cenfure of th«

world, and therefore

L. C. J. You have injured you own re-
putation, and proitrated both your body
and your honour, and are not to be be-
lieved.

Juft. Jones. You are, Madam, to an-
fwer only fuch queftions as are asked you
pertinent to the iffue that tht jury are to
try, and if the counfel will ask you no
queftions, you are not to tell any ftory of
yourfelf.

Ireton. My Lord, as to the evidence of
Patten, the cafe is quite otherwife thatv'
they would reprefent it to be, about Char-
nock's coming thither for lodgings, for Mrs.-
Patten is a midv/ife, and ufed to lay Mrs.
Charnock, and it was for her to ly-in at
Patten's houfe, becaufe it would be incon-
venient to ly-in at my Lord Grey's.

L. C. J. What does that fignify ? but
prove what you can.

Thompfcn. Where is Mrs. Patten, they
would not prodnce her, becaufe they knew
it was againft them.

[She appearing was fworn,

L. C. J. W^ell, what do you ask of this
woman, now ?

Irclon. I would ask her, my Lord, whe-
ther there were any lodgings befpoke in your
houfe againll September i".

Mrs Patten. 1 know nothing of that.

Ireton. Was there any body in June or
July at your houfe to befpeak lodgings .'' '

Mrs. Patten. I cannot tell the month nor
the day.

Ihumffon. Pray miftrefs fpeak what you
do know.

Mrs. Patten. Mr. Charnock and his
wife did come to my houfe laft fummer.

Wil. What was their bufinefs ?

Mrs. Patten. For lodgings.

^hcmpfon. Did they tell you who they
were for ? did they talk about lying-in ?

Mrs. patten. '1 hey were only for his
wife.

Iretbn,

A COLLECTIO

frclOH. Did he tell you what time he
ihould come ?

Mrs. Patten. He did tell me they were
not fit to come into yet, but they might
at fuch a time, but Ihe did not know her
own reckoning -, but they were not taken.

Jretor.. Are not you a midsvife ?

Mrs. Patten. I was Mrs. Charnock's.

L. C. J. What is that to this purpofe i"

Serj. Jcfferies. Now you are iweetly
brought to bed.

Ireton. Pray, woman, will you tell what
they laid to you ?

Mrs. Patten. Mr. Charnock and his
wife came to our houfe for lodgings. I
asketi her who they were for. Cat -faid they
were for a gentlewoman. I asked her who
file was. Says Qie, For my felf to lie-in
here. Said f, how comes tliat about ?
Says flie, about the time that I reckon, my
Lord's family will be in town, and I find
it not convenient to lie-in at our own houfe,
tkenmyfatherand mother have fenc for me in-
to the country, to lie-in ther, but I cannot
think of going thither, becaufe of chang-
ing my midwife Then, fud I, truly, Mrs.
Charnock, any thing in my houfe is at your
fcrvice. Said ihe, I think it convenient
rather to be here than to go into the coun-
try, hut I do not defire that my Lord's fa-
mily fhould know that I intend to lie-in
here, for I v/ould not inconvenience my
Lady's lioufe, and yet my Lady, it may
be, will not permit me to to out.

L. C. J. But, miftrcfs, there came one to
your houfe from Mrs. Hilton's. W!io was
that ?

Mrs Pc.ttin. I do not know, I was not
at home then.

L. C. J. Lid you not come home be-
fore they went away ?

Mrs. Paltcij. iNo, Sir.

Scrj. jcfferies. Was that woman they
brought to lie-in, in your lioule, mi'.bels ?

Mrs. Patten. Who do you mean Sir ?

Vol., I. No. 23.

N OP TRIALS.' 5-29

Serj. Jefferies. The other gentlewoman
that came with Mrs. Charnock and Mrs
Hikon. The Lady that fpoke juft now.

Mrs. Patten. I do not know, I never fuv
her face in my life, that I know of, what
my hufband faw I cannot tell, I faw her
not, it may be (lie, it may be not, for any
thing I know.

L. C. y. Well, gentlemen, have you
done, will you call any more vvitnefles ?

TFiUiams. We have done, unlefs they call
any more.

Serj. jefferies. We fliall only call a
noble Loid, my Lord of Ayk-fbury, to
tcdify what he knows, being very much
converfiint in the family, of the treatment,
lie has obferved of this Lady.

L. C. J. That needs not, for there is no
body that fi.xeth any thing of the matter
upon my Lord or my Lady.

Wallop. We do hope in your Lordfhip's
obfervations upon the evidence to the jury,
you will pleafc to take notice, that there is
no colour of evidence of any afbual force
upon the Lady which is laid in the infor-
mation, that my Lord did vi C^ annis ah-
dueere, 8cc.

L. C. J. Oh, Mr. W^tllop, fear not, I i
fliall obferve right to the jury ; biu you
have read the book that is written concern-
ing juries lately, I perceive.

Scij. Jcfferies. He has fludied fuch
books no doubt, and has learned very good
counfel from Whitaker.

L. C. y. Look you, Gentlemen of. the
Jury, here is an information on the behalf
of the King, againll my Lord Grey, and
the other defendants ; and it doth fet forth,
that iT.y Lord Grey having marriedone of
the daughters of the Earl of Berkeley, and :
having opportunity thereby of coming to
the Earl of Berkeley's houfe, he did unlaw-
fully folicit the Lady Henrietta, another
daughter of the Earl of Berkeley's, a young
Lady, to unlawful love ; and that he did
intice her from her father's houfe ; and :
6 T th;;;; .

55-^ A CO L L E C T I

Hi2t he del, cjuk- licr to be conveyed away
iioni thence nguinft lier father's confcnt;
r.nd that he did uiikv^fuUy ufe her com-
j-any aticrvvards- in a /cry ill. manner, an
inijuuiiiable manner-, atvd this, gentlemen,
i.s the iiiUfianee of the information -, in
ivuih it k laid, that iie did live in for-
nication with h.er. Now, gentlemen, to
l!-is my Lord Grty and the othf-r perfons,
the Cliarnccks and the Jones's I>ave all
])!eaded not guilty to it. Now then, the
queft;on before vou is, whether there was
any Inch unlawful folicitation of this Lady's
l/ve •, and whether there was any inveigle-
ir.enc oi her to withdraw herielf and run
sway irom her father's houfe -without his
conkrit ; and whether my Lord Grey did
at any time frequent her company al'ter-
v/ards. Gentlemen, the evidence that has
bc,en given, you have heard what it is, and
it is very plain, (if you do believe thefe
witneiTes that fpeak it from my Lord's own
iTouth) that he hath a longtime unlawfully
-lolicited.her .to lull. For tliere is nothing
clfe in it, gentlemen, (that is the plain
Englil>j of it all) he hts inticed her
to unlawful luft. My Lady fhe gives
evidence cf it from his own mouth, that
there was an intrigue of unlawful love be-
tween them : She lays my Lord Grey con-
demned himfelf forit feveral times, but yet
profecuted it ; he owned it was a moft dil-
uigenuous and diflionourable thing in him,
which indeed it v.as •, he did therein in
ti'uth make a right eftimate of the thing.
He did own he had betrayed the family,
and brought it into great fcandal, and had
abufed both father and mother by this un-
lav.ful folicitation of their daughter to this
unworthy wicked affedlion •, but he excufed
it all with the greatnefs of his pafiion, and
that was all ; he prayed her to confider,
" It was a great and piifTionate love, a love
that he could not refill ; lie loved her above
all women living," ami many fair promifes
of amendment and defilling he. made, but
YOU fee hov/ lie has performed them. You

ON OF T 1?. I A L S

hear. my Lady Arabella teli.s you there vvns
a letter written by my Lady jriarriett, this
Lady that appears "nov/ in court as a witnefs
for my Lord Grey, w'jich flie had out of
her own hand, and fhe tells you the efleit
of it; it was to invite my Lord another'
night, as he had been with her a former
night, and to (hew the greatnefs of her
longing for him, flic defires it might be
quickly, not to ftay till Monday, for if he
did Die fnould be mighty impatient, if he
delayed fo long ; and withal fhe told him,
her lifter Bell, which 1 take to be my Lady
Arabella, *' ilad not dilcovered it, nor
heard the noi'e th.at was between them that'
night the^ were together." My Lady
Lucy, fhe tells you he owned there was an
unlawful love between him and her filler,
it muft needs then be true if he owned ic
to her, and he faid that it put him upon
mighty inconveniences, and he owned he
had done fo niuch wrong to the family,
that he could never repair ir. You hear
n:y Lady tells you fhe forbid him the fa-
mily ; and you hear likewife, what little
defigns he had, and what he pretended that
he might continue to come to the family,
if you believe my Lady. For he pretended
that this would be the way to make it pub-
lic, if he were forbid the houfe altogether i
but he v.ould be under her dircclion, he
would do nothing but what fhe fhould ap-
prove of; that he would not apply himfelf
to her daughter r.o Ipeak to her, nor write
to her. And you hear that for all this,
he did before my Lady Arabella vent a
great deal of palfion for her, "That flie was
the only perfon in the world he had any
love for ;" that my Lady Arabella tells you
Hie heard him fay, when he had feen her
fall down like a dead woman. When he
had made my Lady a promife that he would
not come down without leave, he lends his
jown wife thither lirll to big that he .might
I come down without leave, he fends his own
; wife thither firll to beg that he might come
j down, and v^ry earntlt and impcrtunaie
' Ibe

A COLLECTION of TRIALS. 531

Tne was with her mother, not knowing any ' journey, and was very weary, fo that (ne
ihing of the intrigue, but was made in- w.;s fain to go to bed at nine o'clock.
•ftrumental to get leave to come down, j This Lady that was there brouglit by Char-
And at length, leave was o\ven him to nock and his wife, was afterwards carried
dine there, as he went to Sullex, but he j to Patten's houfe, Mrs. Hilton A\ears it •,
comes at nine o'clock at night, and then | and Mr. Fatten fwears they did come in

there. Tiiere was a great deal of policy
ufed in the cafe, and care taken ; .and
Mrs. Hikon tells you v^hy, " They faw
fome men abouc the door, which, tliey v/cre
alraid might be men that came to look
after the Lady, and fo tiicy fiid away
through the back-door," which proves
fomething in that fne was to be concealed.
Then confider tiie circumftances of tiic
cloaths that do fo exa6i:ly agree. There
was a g(/wn with red and green fiowers
ftriped, and there was a petticoat ftripcd
with red, .and a white quilted petticoat
under that the Lady had on that came to
Patten's ; and the Lady's woman v.'ho lay
with her and looked after her, defcribes to
you her gown and petticoat to be the fame
as thofe were that the Lady had on, who
was hurried away from Patten's houfe at
night to another lodging. We cannot in-
deed difcover where that was. Now then,
after this, my Lord Grey, he undertakes
to my Lady Berkeley, that he would go to
Up-Park, and ftay there till he had leave
to come to town. Patten, who faw thi;
Lady, fwears this is the very Lady that li s

excules v/ere made by him for it -, and my
Lord Berkeley dcfiring him to itay, who
was not acquainted with the unlawful af-
fcdlion that was between his daughter and
him, and accordingly he did (lay till Sa-
turday. You hear, gentlemen, what is
faid to you now, as to her carrying away,
for all that has been hitherto obferved to
you, has been only to the unlawful folici-
tation of this Lady to unlawful love. My
Lady tells you, that that very night that
my Lotd Grey v/enc f.-om her houfe was
her daughter carried away. You fee then,
the qut-ltion will be, whether my Lcrd had
any hand in carrying her away, and for
that you mufl weigh thefe circumftiinces.
It- is pretty manifcll that this coachman,
that is Charnock, did carry her away.
Now the Chaplain tells you, that my Lord
was earneft in feveral difcourfes that day
with Charnock, and under fome great trou-
ble, he cou'.d difcern that in his counte-
nance, and feveral times he was fent for to
him, as though there was fome mighty
earneft bufincls impofed upon Charnock to
do. Charnock made as though lie went
away, it feems, with his Lord, who went
away about tour o'clock, and the Lady
was carried away in the morning between
twelve and one which is the time fpoken
of. Now to prove tliat Charnock carried
her away, you have thefe circumftances :
She was brought to the houfe of Hilton,
there was a Lady brought in there that
morning about nine o'clock by Charnock ; j
Charnock was the afternoon before goino-
to Up-Park with his Lord, but it is ma-
nifcfl that he was back that morning at
London, and fo brought the Lady th.ither
that morning. If you believe Hiltrn the
witnefs, it is manifcll fhe h.id been a

here, and who has been examined, but
denies it. If fhe was the Lady that was
brought to Patten's, flie was the fame that
was brought to Hilton's, v/hither Cliar-
nock brought her, and fo there is a full
evidence of the gu'lt of Charnock and his
wife, who was the fulicitor about the bu-
fincls, took lodgings for her, help'd her
away from Hilton's,' and helped her to
Patten's, and from Patten's fomewhereelfe.
Sa that if you believe them, Charnock and
his wife are both guilty. As to my Lord
Grey, who went to Up-Park on the Wed-
nefday, foon after he came to town again,

and

532 A COLLECTION

a-ncl it is poficively Iworn that he came to
Jones's upon the Tuefday, and lent for
Jones out to come to him, who was in a
liiiclc-coach, where he dilcourfed with him
a pretty while, and aftcrvvaids tlie room
is provided for the Lady up two pair of
fiairs in Jones's houfe. She is brought
thither, my Lord Grey came twice to the
houie, and both times without his perriwig,
as the maid fwears (he knew him very well,
and there he took lodgings for a Lady, and
that Lady came afterwards. Now if this
falls out to be my Lord Berkeley's daugh-
ter, then you have it pulhed home upon
my Lord Grey. That this was my Lord
Berkeley's daughter, you have this evidence
made up of circumllances. Firft, The
policy ufed in the cafe by my Lord, to
have all fo privately managed. Another
circumftance there is, though at firft it
feems but flight, yet if it be well confidered
will fignify very much, and that is what
the maid does teftify. She fays her linen
was brought down to be waflicd, and there
was a fhift that was very remarkable, for
it had the body of one fort of cloth, and
the flecves of another, and that flie took
fpecial notice of it, and thence would have
concluded that the Lady was not a perfon
of quality ; and another of thofe very
Ihifts that belonged to my Lady Harriett
was brought to her afterw.irds, and flie
I'wcars it was of the fame falhion and make
with that which the Lady had tliat lodged
in their houfe -, and it was, as all do agree,
jvUl" in the fame manner as this was, with
the body of one cloth and the lleeves of
another. Then, there is Colonel Fitz-
(jerrard was in thofe very lodgings at that
time i and he comes and tells you, that
having heard of my Lord Berkeley's daugh-
ter's ceparture from her father, and con-
fjJering the circumftanccs that he had
heard the ma:d fixy that it was my Lord
Grey's miftrefs that was brought in th.ithcr,
and fuch other circuniftanccs concurrinrc,

OF TRIALS.

he did conclude this to be the Lady, and
he'tells Jones his fufpicions concerning it
(whofe wife was by the way fo very of-
ficious to conceal the Lady, that fhe would
not fufi'cr her maids to come up ftairs, hut
would rather fliut up the fliop-windows
herfelf, than the maids fliould come to fee
her.) Mr. Jones having difcourfe with the
Colonel about this, and finding the Lady
was imoaked, was angry at the Colonel's
curiofity, which increaled the Colonel's
fufpicion. He told Jones, " This mufl:
needs be the Lady, and I will fee her."
Which lie very much fearing, intreated
liim not to difturb his houfe at that time
of night, and upon promife to let him fe«
her the next morning, he dcfifted ; but
told him, " He knew not what he was
doing, he did a very ill thing to conceal a
young Lady from her friends, her father
and mother not knowing where Ihe war,
might give her over for dead." But in the
morning the Lady was conveyed away.
This, to me, is a flirewd circumftance thac
Jones knew her to be the Lady, and to
conceal all the matter, got fo much time to
fend h.T away. To what purjjofe elfe was
Hie carried away, when the Colonel was to
fee her, that he might be fatisfied about his
fuipicion, and fo acquaint her father? Euc
file was conveyed away prefently. Gentle-
men, it is mansfeft by all the witneffes, and
by what the defendants counfel themfelves
opened, that under this abfence of the
Lady from her father, he had an intercourfe
of letters with her, which is a great circum-
ftance to prove that fl-iC was carried aa.iy
by his contrivance. He could tell the
Lady Lucy, " That fl-.e fl-i0u!d never be
brouoht back again, without he might have
leave to vifit her " So that it feems he had,
full power over her. There is another
gentleman, v/ho has told you he was let as
a fpy over him; and if you believe him,
my Lord Grey has made a cnnfeftion to him
as he would to his ohoftly father, he has

tuid

A COLLECTION

told you the intrigue of all his unlawful
love, from the beginning to the end ; how
long he was engiuTed in it before he had
any comfort from the Lady, when he had
the firll demonftration of kindnefs from
her, and the whole matter all along. There
is another gentleman, that was fent to treat
with my Lord (Mr. Smith) concerning this;
he tells you, my Lord Grey and he being
in a long difcourfe, he offered that he
would deliver her to one perfon, but not
to another: She fliould be firft fent to his
brother-in-law, Mr. Nevil's in Berkfhiie,
afterwards .to another place, Mr. Petit's,
fo as he might have actefs to her ; but he
tells you alfo, this was the conclufion of all,
" He would never part with her, nor never
deliver her, upon any other terms than that
he might have accefs to her whenever he
would." Now lay all this together, and
fee what it amounts to. He that had fo
great a paffion for her, he that could not
be without the fight of her, but ufed fuch
ways to come to fpeak to her, he that had
letters from her all along, he that had
fuch power over her, that he could deliver
her, as he faid, or not, and would keep
her in fpite of her father, unlefs he might
have leave to vifit her as often as he pleafed ;
and confider then, I fay, whether it is not
more than probable, that he had a hand in
carrying her away. It is plain beyond all
concradidlion, (he was carried away by his
man, who was in his company that night,
he pretended to go to Up Park, but was in
London the next morning by nine o'clock.
My Lord came af[erwards to take lodgings
for her, two days one after another.
Whether then he be not as guilty as Char-
nock or any of the refl-, nay indeed, the
main mover of this ill thing, you are to
confider upon the evidence that has been
given. But you mult, withal, take into
your confideration, what my Lord Grey
fays for himielf. He has afked feveral
quellions of the Ladies^that were examined,
Vol. L No. 23.

OF T R I A L S. 535

but truly never a one worth the remember-
ing, that I know of, or that made to his
purpofe. He does indeed pretend that the
young Lady was hardly ufed at home, and'
that fhe fled to him as to a fanduary for
protedion •, and you hear the feveral wit-
neffes examined to that point •, and they all
fay fhe was uftd, notwithflanding the dif-
covery of this ill bufinefs, with the greatell:
kindnefs and refpeft that a child could be
ufed with by her mother, and no liardfliip
put upon her, but only fhe was forbid to
write any letters to my Lord Grey, and had
a maid put upon her, to keep her from

running

ivvay, becaufc once before fhe at-

tempted it, as her mother did believe.
The Lady herfelf is here, fhe has been ex-
amined ; file indeed denies this all along ;
fhe fays that this toachman Charnock did
not carry her away -, fhe fays fhe was not at
Hilton's, nor at Patten's, nor at Jones's j
that fhe never faw my Lord Grey til! a long
time after fhe went from her father's. But
this is all difproved by the other wltnefTes,
and fo whether you will believe her fingle
teftimony, or theirs, I mud leave it to you.
You mud confider under what circum-
flancesfhe is, and truly fhe doth not feem to
be any way fit to be believed in this matter..
Jones and his wife are as guilty as any of
the relf, for their contrivance to keep her
fecret, efpccially after that he had promifed
Fitz-Gerard to let him fee her. Look you,
as to the long difcourfe my Lord Grey
made, I mufl: tell you, it is not to be be-
lieved further than it is proved. Nov/ my
Lord Grey did tell us, that he from time to
time had given caution to my Lady, that
fhe fhould look to her daughter, and lock
her up, for elfe fhe v/ould, as he believed,
run away. My Lady denies it all, and fo
it goes all for nothing, and you are to take
no notice of it. I mufl leave it to you^-
whether you do believe what thcfe witncffes
have fworn, if you do believe the evidence
produced for the King, moft certainly they
6U are

534- A COLLECTI

are all five guilty of the charge in the in-
formation.

Jurt. Do!bin. There is no evidence againfl
Rebecca Jones.

L. C. J. No, there is not.

Serj. Jejjeries. No, we cannot infift upon
it that there is, you mull find her not

Jull:. 'joncs. I mult remember you or one
thing, gentlemen, and that is, what drop-
ped from my Lord Grey's own mouth,
that when my Lord, as he fays, gave his
advice that flie fliould be looked after care-
fully, hcAvould not give his reafon for it,
but after he did, as he fays, tell it my
Lady Lucy, that (lie complained to him at
Sc. Jones's, " That flie led the life of a dog
or a Have, and flie would not endure it any
longer, and defired him to airill: her or flie
v/ould do herielf a mifchief." Why was
not this told before ?

L. C. J. Ay, but brother, my Lady
Berkeley denies it all too.

[Then the jury began to withdraw.

Earl of Berkeley. My Lord Chief Juftice,
I defire I may have my daughter delivered
to me again.

L. C. J. My Lord Berkeley mufl:
have his daughter again.

Lady Henrietta, 1 will not go to my fa-
ther again.

Juft. Do'.ben. My Lord, flie being now
in court, and there being a homine repk-
giando againll my Lord Grey, for her, upon
which he was committed, we muft now ex-
amine her. Are you under any cultody or
refl:rainr, Madam ?

Lady Henrietta. No, my Lord, I am
not.

L. C. J. Then we cannot deny my Lord
Berkeley the cuftodyof his own daughter.

Lady Henrietta, My Lord, 1 am mar-
ried.

L. C. J. To whom ?

Lady Henrietta. 'I'o Mr. Turner.

L. C. J. What I'urncr ? Where is he ?

ON OF T Pv I A L S.

Lady Henrietta. He is here in court.
[Fie being among the croud, way was

made tor him to come in, and he flood

by the Lady and the Judges.

L. C J. Let's fee him that has m.arried
you. Are you married to this Lady ?

Mr. 'Turner. Yes, I am fo, my Lord.

L. C. J. What are you ?

Turner. I am a gentleman.

L. C. J. Where do you live ?

Turner. Sometimes in town, fometimes
in the country.

L. C. J. Where do you live when you
are in the country ?

Turner. Sometimes in Somcrfetfliire,

Jull. Dolben. He is, I believe, the (on
of Sir William Turner that was the ad-
vocate, he is a little like him.

Serj. Jefferies. Ay, we all know Mr. Tur-
ner well enough. And to fatisfy you this
is all a part of the fame defign, and one of
the foulefl: pradtices that ever was ufed, we
fliall prove he was married to another perfon
before, that is now alive, and has children
by him.

Turner. Ay, do Sir George if you can,
for there never was any fuch thing.

Serj. Jefferies. Pray, Sir, did not you
live at Bromley with a woman as man and
wife, and had diverfe children, and living
fo intimately were you not queflloned for
it, and you and ihe owned yourfeives to be
man and wife ?

Turner. My Lord, there is no fuch
thing, but this is my wife I do acknow-
ledge.

Ait. Gen. We pray, my Lord, that he
may Iiave his oath.

Turner. My Lord, here are the witneflTcs
ready to prove it that v/ere by.

Larl of Berkeley. Truly, as to that, to
examine this matter by witnefles, I con-
ceive this court, though it be a great
court, yet has not the cognizance of mar-
riages : And though here be a p-etcnce of
a marriage, yet I know you will not deter-
mine

A COLLECT

mine it, how ready focver he be to make
it out by witneffes, but I defire fhe may be
delivered up to me her father, and let him
take his remedy.

L. C. y. I fee no reafon but my Lord
may take his daughter.

ILar\ of Berkeley. I defire the court will
deliver her to miC.

Jui\ Dclben, My Lord, we cannot dif-
pofe of any other man's wife, and they fay
they are married. We have nothing to do
in it.

L. C. y. My Lord Berkeley, your daugh-
ter is free for you to take her ; as for Mr.
Turner, if he thinks he has any right
the Lady let him take his courfe. Are
you at liberty and under no reftraint ?

Lady Hen. I will go with my husband.

Earl of Berkeley. Huffy, you fnall go
with me home.

Lady HetJ. I will go with my husband.

JLdvloi' Berkeley. Huffy, You fhall go
with me, I fay.

L^dy Hen. I will go with my husband.

[Fil. Now the Lady is here, I fnppofe
my Lord Grey muft be difcharged of his
imprifonment.

Serj. yefferies. No, my Lord, we pray he
may be continued in cuftody.

L. C. y. How can we do that, brother,
tlie commitment upon the writ de homine
replegiando is but till the body be produced,
and here (lie is, and fays, (he is under no
rcllraint.

Serj. yefferies. My Lord, if you pleafe
to take a little time to confider of it, we
hope we may fatisfy you that he ought ftill
to be in cuflody.

L. C. y. '1 hat you can never do, bro-
ther.

Serj. yefferies. But your Lordflfip fees
upon the proofs to-day, this is a caufe of
an extraordinary foul nature, and what ver

I O N OF T R I A L S. 535

Alt. Gen. The truth o{ it h, we woul'l
have my Lord Grey forth-coming, in caie
he flTould be convicled, to receive the
judgment of the court.

L. C.y. You cannot have judgisient this
term, Mr, Attorney, that is to be fure, for
there are not four days left. And my Lord
Grey is to be found to be fure, there never
yet before this was any thing that rcPicded
upon him, though this indeed, is too much
and too black if he be guilty.

Juft. Dolbin. Brother, you do ill to prefs
us to what cannot be done ; we, it may be,
went further than ordinary in what we did,
to I in committing him being a Peer, but we-
did it to get the young Lady at liberty;
here (he now appears, and (ays (lie is under
no reitraint -, what fhall we do .? She is pro-
perly the plaintiff in the homine replegiando
and muft declare, if flie pleale, but we can-
not detain him in cullody.

L. C. y. My Lord (liall give fecurity
to anfwer her I'uit upon the homine reple-
giando.

Wil. We will do it immediately.

L. C. y. We did, when it was moved the
other day by my brother Maynard, who
tolti us of ancient precedents, promife to
look into them, and when we did fo, we
found them to be as much to the purpofe,
as it he had caft his cap into the air, they

didl the jury may give upon it we do not you, may take her

fignified noihlng at all to his point. But
we did then (as we did at firft tell my Lord,
lo) if he did produce the Lady we
would immediately bail him. And (he
being now produced, we are bound by law
to bail him. Take his bail.
[And accordingly he was bailed at the fuit

of the Lady Henrietta Berkeley, by Mr.

Forrefter, and Mr. Thomas Wharton.]

E.5.x\ oi Berkeley. My Lord, I defire I
may have my daughter again.

L. C. y. My Lord, we do not hinder

know.

Lady Henrietta. I will go with my liuf-
band.

Earl

53^

A COLLECTION of TRIALS.

E-ir\ Oi Berkeley. Then aU that are my ; him, he might go with her if he would
friends feize her 1 charge you. 1 which he i1id, and, as it is reported, they

L. C J. Nay, let us have no breaking • Liy together that night in the marflial's
cf the pe^ce in the court. But, my Lord ', lioule, and ihe was releafed out of prilbn,
Cavendifl", the court does perceive, you ' by order of the court, the laft day of tlie
have apprehended yourfe'f to be aftVonted , term.

by that gentleman Mr. Craven's naming On the morning after the trial, being
vou in his evidence ; and taking notice of Friday the 24th of November, the jury

it, they think Bt to let you know, that they
expctfl you fliould not think of righting
yourlelf, as they have fome thoughts you
may intend. And therefore you mull lay
afide any fuch tlioughcs of any fuch fatis-
faclion. You would do yourlelf more
wrong by attempting to right yourfclf in
any luch way.

Lord Cavendi/Ii. My Lord, I am fatis-
fied that your Lordfliip does think it was
impertinently fpoken by him, and fliall not
concern myfelf any further, but only defire
that the court would give him fonie re-
proof for it.

Then the court broke up, and paffing
through the hall there was a great fcuffle
about the Lady, and fwords drawn on both
fides, but my Lord Chief Juftice coming by,
ordered the Tip-ftaffthat attended him (who
had formerly a warrant to fearch for her,
and take her into cuftody) to take charge
of her, and carry her over to the King's-
Bench, and Mr. Turner afkingif he fhould
be committed too, the Chief Juftice told

that tried the caufe, having (as is ufual in
all caufes not capital tried at the bar, where
the court do not fit long enough to take
the verdict) given in a private verdicl the
evening before, at a Judge's chaaiber, and
being now called over, all appeared, and
being allied if they did abide by the ver-
dicf that they gave the night before, they
anfwered. Yes •, which was read by the
Clerk of the Crown to be, "That all the
defendants were guilty of the matters
charged in the information, except Rebecca
Jones, who was not guilty •," which ver-
dict being recorded, was commended by
the court and the King's Counfel, and the
jury difcharged.

But in the next vacation, the matter, as
the report went, was compromifed, and fo
nojudgment was ever prayed, or entered
upon record, bur Mr. Attorney General
was pleafed before the nezt Hillary term,
to enter a Nolle pro/e^ui as to all the de-
fendants.

The Trid of the LORD RUSSEL. July 13. 1683. My Lord Ruflel was fet

to the Bar, within the Bar.

Clerk of the Crcwn.

WILLIAM Rufiel, hold up thy hand,
(which he did). Then this indift-
meflt was read, which is as foiloweih :

" London. The jurors of our Sovereign
Lord the King, upon their oaths prefenr.
That William RulTel late of London, Efq-,
together with other falfe traitors, as a falfe

traitor

A C O r. L E C T

traitor againfl the moft illuftrious and ex-
cellent Prince, our Sovereign Lord Charles
li. by the Grace of God, ot England, Scot-
land, France and Ireland King, his natural
Lord, not having the tear of God in his
heart ; nor weighing the duty of his alle-
giance, but being moved ami fediiced by
i,hc iniiigation of the devil, and the true
duty, and natural obedience, which true
axid faithful fubjeds of our Sovereign Lord
the King, towards him our faid LortI the
King do bear, and of right ought to bear,
wholly withdrawing ; and with his whole
flrenoth intending the peace and common
tranquillity of this kingdom of England to
difturb, and war and rebellion againft our
iaid Lord the King to move and Ifir up ;
and the government of our faid Lord the
King within this kingdom of England to
fubvert, and our faid Lord the King from
his title, honour and Kingly name of the
imperial crown of this his kingdom of Eng-
land to put down and deprive ; and our
faid Lord the King to death and final de-
ftruiflion to bring and pur, the fecond day
of November, in the year of the reign of
our Sovereign Lord Charles II. King of
England, &c. the four and thirtieth, and
divers others days and times, as well before
as after, at the parifli of Sc. Michael Baf-
fifliaw, in the ward of Baffifliavv, London,
aforelaid, malicioufly and traiteroufly with
divers other traitors, to the jurors aforefaid,
unknown, he did confpire, compafs, ima-
gine and intend our faid Lord the King,
his fupreme Lord, not only of his Kingly
flate, title, power and goverment of this his
kingdom of England to deprive and throw
down ; but alio our faid Lord the King to
kill, and to death to bring and put ; and
the ancient government of this his king-
dom of England to change, alter and wholly
to fubvert, and a miferable Daughter amongfl:
the fubjcds of our faid Lord the King
through his whole kingdom of England to
caufe and procure, and infurredion and re-
VoL. I. No. 23.

ION OF TRIALS.

537

bellion againft our faid Lord the King to
and llir up within

o
move, procure, and llir up within this
kingilom of England ; and to fulfil and
perfeft the faid moll horrible treafons, and
traiterous comj-afrings iniagination and
purpofes aforefaid, he the faid William
Ruliel, together with other falfe traitors, as
a falfe traitor, then and there, and divers
other days and times, as v/ell before as after,
-malicioufly, traiteroufly and advifedly, be-
tween thenjfcivcs, and with divers' other
traitors, to the jurors aforefaid unknown,
they did meet together, confult, agree, and
conclude, and every of them, "then and
there, did confulr, agree and conclude, in-
lurredion and rebellion againft our Sove-
reign Lord the King, within this kingdom
of England, to move and ftir up ; anci the
guards for the {irefcrvation of the perfon of
our faid Lord the fving, to feize and deftroy,
againft the duty of his allegiance, againfl
the peace, &c. and alfo againft the form o£
the ffatutes, &c.

Cl.ofCr. How fay'ft thou. Art thou,
Guilty, or not Guilty ?"

Lord RuJfeL My Lord, may I not have
a copy of the matter of faft laid againil
me, that I may know what to anfwer to
it ?

L. C. y. [Sir Edmund Saunders.'] My
Lord, we can grant you nothing till you
have pleaded. Therefore that which is put
to you now is, Whether you fay you are
guilty, or not guilty ?

Lord RuJJel. My Lord, I am not guilty.

CI. of Cr. Culprit. How wilt thou be
tried ?

Lord RuJJel. By God, and by my coun-
try.

CI. of Cr. God fend thee a good delive-
rance.

L. Rupl. My Lord, I thought a pri-
foner had never been arraigned and tried
at the fame time, I have been a clofe pri-
foner.

6 X L. C. 7.

A COL L

E C T I O N

OF TRIALS.

L. C. 7- Ft)r crimes of tiiis nature,
Lord, we do it concinualiy.

L- Rujjd. It is haid, my Lord.

J t. L'en. rvly Lord hath no reafon to
rorr.pla'.n f'r wane of notice, for fince Mon-
day fe'tnnight he had notice of his trial,
and the matters alledgcd ngainft him he had
notice of, for queftions were put to him
r.bour this matter, he hath been very fairly
dealt with, he hath had the liberty of
counfi-l to advife him ; there hath been no
fort of liberty denied him, which becomes
any fubjeft to have in this condition.

L. C. J. My Lord, I do nat know whe-
ther you hear Mr. Attorney. He fays,
your i^ordftip hath had a great deal of la-
vour fhevvn you already, in that you have
been acquainted with tiie crimes for which
you are now indifted, that you have had a
great deal of warning given you, that you
have had the liberty of counfel, which
hath not been known granted to any under
your Lordihip's circumftances. He fays,
he doubts not but your Lordfhip is pre-
pared for your defence, becaufe you have
had fo much knowledge, and warning of
the time and matter tor which you were to
be called in queftion.

L. Rujftl. My Lord, I am much to feek,
I only heard fome general queftions, and I
have wltnefles, that 1 believe are not yet in
town, nor will be, I believe, till night ; I
think it very hard I can't have one day
more.

Ati. Gen. Monday fe'ennight your Lord-
fiiip had notice.

L. RtilTel. I did not know the matter I

was charged with.

Jtt.Gen. Yes certainly, for I was with
you myfelf, my Lord ; and thole qucilions
you were examined upon, were a fiivour to
you, that you might know what the mat-
ter was you were accu'ed of.

L.C.J. My Lord, without the King's

we cannot grant your LorJlliip's rcquefl jit
this cafe.

L. Ruffel. I would defire a copy of the
pannel of thejury, that I might confider of*
it J for how clfe can I make any jull chal-
lenge ? I thought the law had been very-
favourable to men upon their lives -, and
therefore it had allowed people to have fome
little notice.

L. C. J. Llath not your Lorddiip had a
copy of the pannel ? I think your Lord-
fliip was allov.ed one. We gave order your
L.ordfliip fhould have a copy of the pan-
nel.

yi!t. Gen. We did indulge him fo far,
that lie might have a note of all the men
returned.

L. Riijj'el. I never had a copy of the
pannel.

L. C. J. It was the fault of your Lord-
iliip's fervants then ; for I gave order for
it myfelf. It is fuch a favour, that in re-
gard a man's life lies at flake, we never
did deny it to my knowledge. And there-
fore in this cafe 1 gave order to the Secon-
dary to deliver a copy. I know the King
did not dcfign to be hard upon my Lord-
in his trial, but that he fhould have as fair
a trial as ever any noble perfon had.

L. Ruffel. I pray I may have a copy
then.

Serj. Jefferies. If my Lord had fent his
agents, and it had been refufed, there had
been fom.ething in it.

Mtt. Gen. Secondary Normanfel was with
me, and I gave him my allowance, though,
it was riot his right.

L. C. J. That my Lord may not befur-
prifed, what think you of giving my Lord
time till the afternoon, and try fome of the
reft in the mean time .''

Alt. Gen, Truly, my Lord, if I could
imagine it were pofTible for my Lord to
have any witneffes, I fhould not be againft

counfel we cannot put off the trial ; if the 1 it.

King's counfel think not fit to put it off, I L. Ruffel. I: is very hiird.

Ju. Gen.

A COLLECTION

Ju. Gen. Do not fay fo, the King does
not deal hardly with you, but I am afraid
it will appear you would have dealt more
hardly with the King : You would not
have given the King an hour's notice for
faving his life.

Secondary Trotinan. I gave my brother
Normanfel a copy of the pannel on my fide,
and hear that my brother Normanfel hath
faid that he delivered a copy. Then Se-
cretary Normanfel was fent for, and the
court {laid for him fome time.

Al-ii)(jod. My Lord, a gentleman told
me, he did not know whether it was fit till
he had confulccd the Attorney General ;
afterwards I had a copy as it flood then,
not as it is now.

Att. Gen. I defire my Lord may be asked
who he fent for it ^

L. Rujfel. I did not fend for it ; I en-
quired, and they faid it would be refufed.

AfMOod. No, the gentleman had it with
the fair perriwig.

L. C. J. It was delivered to your fer-
vant, or agent, what did you do with it ?

L. Ruffel's Gent. Sir, the gentleman
gave m.e out of a book fome names.

Serj. Jeffcries. What did you do with
them ?

L. Rujfel's Gent. I writ them down, they
were not perfeft, I did not know what they
were.

L. C. J. Sir, you were to blame, not to
deliver it to my Lord.

L. Rujfd's Gent. I was not bound to de-
liver an imperfett tiling to my Lord.

L. C. y. Sir, you Ihould have confulted
your Lord's advantage, lo as to have de-
livered any thing for his good.

L. Ri<J/ei's Gent. My Lord was in the
tower, I was not admitted to him,

Atl. Gen. Did you give it to my Lady ?

L. Rujfel's Gent. Yes, thofe names I had,
my Lady had.

Serj. Jefferies. How long ago was it .?

Atziood, Tuefday or Wedncfday laft.

539

OF TRIALS.

L. C. J. (to Lord Ruffel's fervant.)
Look you, Sir, when had you this }

L. Rujfd. I had no pannel, I will alfure
you, delivered me ; I had fome names of
people that they faid were ufually on juries.

L. C. J. They were tlie names of the
jury.

L. RaJ/el. They were only the names of
them that were like to be of the jury, no
other pannel came to me.

L. C. J. My Lord, there can be no other
copy given, but the fame that was deli-
vered ; for your Lordfliip does know in
this cafe, any perfon accufed, as your
Lordfhip is, may challenge thirty-five, and
therefore there is a raurn generally of
three or four fcore, and thefe are returned
in cafe of your*fcordfhip's challenge. When
you have challenged fo many as you pleafe,
then the twelve men that ftand after your
challenge are to be of the jury : And there-
fore this is not like a pannel made up by
the Sherifi-', in ordinary cafes, between man
and man ; there they make a formal pan-
nel, from which they cannot depart, when
that is once returned ; but here in criminal
cafes, becaufe of the challenge, they re-
turn either fixty or eighty : And I pre-
fume your Lordfhip was attended with the
names delivered.

Serj. Jejferies. How many namies were
delivered ?

Aiwocd. Above an hundred.

L. Rujfel. 1 had nothing of a pannel de.
livered to me, but fome names.

L. C. y. There was never any formal
pannel delivered to any perfon accufed ;
the copy of it is in paper always.

L. RuJ/a. How can I know who to chal-
lenge ?

L. C. J. My Lord, the copy of it is in
your hands •, your Lordfliip hitii been de-
ceived in this, by not underllanding the
true nature of thefe things : If we were to
give you a new one, we could give you but
fuch an one.

li. EuffeL

54°

A COLLECT!

L. Rujfel. I had no paper but from the
true officer.
JL.J- C. No, but from your fcrvant.
^it. Gen. My Lord, you will havecaiife
to complain, if tliey are not the lame men
we now fliall call.

L. C. J. My Lord, that paper will guide
vour Lordfliip in your challenge";.

L. Rujfcl. My Lord, I did not mind it,
I put it away. My Lord, with your fa-
vour, Ljnuft needs infift upon having a
panne], and that you will put it off till the
afternoon ■, 1 have a vvitnefs that is not in
town. . My counlel told me it was never
done, or very fcldom, arraigning and trying
at the fame tune, except in cafe of common
malefa&ors.

L. C. y. Mr. Attorney, Why may not
.this t.rial be refpited till the afternoon }

Att. Gen. Pray call the jury.

L. C. J. My Lord, the King's counfel
think it not reafonable to put oif the trial
longer, and we can't put it off witiiout
their content in this cafe.

L. Rujj'el. My Lord, it is hard, I thought
the law had allowed a pretty deal of favour
to a man when he came upon his life. How
can I know to except againft men, th-at I
never heard or faw one of them }

CI. of. Cr. You the prifoner at the bar •,
thofe good men that have been now called,
and here appear, are to pafs between you
and our Sovereign Loj-d the King, upon
your life or death, if you challenge any of
them, you muft fpeak as they come to the
book to be fworn, before they are fworn.

L. Rujfel. My Lord, may not I have the
ufe of pen, ink, and paper i

Court. Yes, my Lord.

L. Rujfel. My Lord, may I not make
ufe of any papers I have .-'

L. C. J. Yes, by all means.

L. Rujfel. May 1 have fome body write
to help my memory ?

Jti. Gen, Yes, a fervant.

ON OF TRIALS.

L. C. J. Any of your fervants fliall af-
fift you in writing any thing you pleafe for
you.

L. Rujfel. My v^ife is here, my Lord, to
do it.

L. C. y. If my Lady pleafe to give her-
felf the trouble.

yltt. Gen. My Lord, you may have two
perfons to write for you if you pit ale.

L. Rti£el. My Lord, here hath been a
name read, that I never faw in the lill of
the jury I had, I heard Sir Andrew Fofter
called.

L. C. y. He is not called to be of the
jury.

CI. ofCr. Call John Martin.

[He appears.

L. Rujfd. Are you a freeholder of 40s.
a-year ? I hope none are allowed in the
pannel, but thofe that have freeholds.

L. C. y. There is no pannel made in
London by freehokiers, we have very few
freeholders capable of being impannelled,
becaufe the ellates of the city belong much
to the nobility and gentlemen that live
abroad, and to corporations ; therefore in
the city of London the challenge of free-
holders is excepted.

L. Rujfcl. My Lord, I thought it had
been always fo, and the law hath been clear
in that cafe throughout England, that no
man ought to be tried for his" life, but by-
thofe that have freeholds. My Lord, I
remember I read the ftatute of 2 H. 5.
where 'tis pofitive that no perfons fliall be
judged in cafe of life and death but by
thofe that have 40s. a year.

L. C. y. My Lord, that ftatute extends
not to this cafe. Read tlie ftatute.

CI. of Cr. " Whereas perjury is much
ufed in the city of London, upon per-
fons, &c."

L. C. y. Is this the Ilatute your Lordfliip
has read ^

L. Rujfel. This is not in the cafe of life
and death.

L. C. 7.

A COLLECTIO

L. C. J. It is not, my Lord.

L. RiiJl'el. That that I read is pofitive.
And it your Lordfliip will not allow of it,
I dcfire my counlel may come and argue
it, for 'cis a matter of law, and I cannot
argue it, whether the jury are not to be
freeholders.

Serj. Jeffcries. There is nothing men-
tioned in that ftatute with relation to the
city of London indeed, but the neceflity of
ihe thing requires it.

Ait. Gen. It will not be material, 'tis a
collateral point, for moft of the jury have
freeholds.

L. C. y. Do you allow the exception ?

j!f. Gen. No, my Lord.

L. C. J. Therefore we mutt, if my Lord
ftand upon it, hear his counfel. My
Lord, vve will hear your counfel ; what
counfel do you defire, my Lord ?

L. Rujil. The counfel that were allotted
me.

L. C. y. No, you muft have counfel
aiTigned by us. The counfel that was af-
figned elfewhere fianifies nothing.

L. Ruffd. Mr. Follexfcn, Mr. Holt, and
Mr. Ward.

The faid perfons were called, and camiC
into court.

L. C. y. (To the counfel.) Gentlemen,
my Lord here defires counfel, you are here
aiTigned as counfel for my Lord RufTcl that
is at the bar, 'tis concerning a thing where-
in he doubts the law, he would except to
the jury upon this account, to the poll,
becaufe they have not freehold within the
city of London, and he defires you may be
affigned his counfel to make it out that this
is a caule of challenge.

Ati. Gen. 'Tis a cale of treafon, Mr.
Pollexfcn.

tVard. We take it fo.

Pullex, My Lord, perhaps if we had
more confideration of it we Ihould (peak
more, but if your Lordfhip pleafes to hear
us what we can fay ; tirft we take it with

Vol. I. No. 2j.

N OF TRIALS. 54 r

lubmiffion, at common law, a freehold was
necelTary to make a man a juryman. But
that which falls out in this cafe, is the (tn-
tute of 2 H. 3. c. 3. which ftatute 1 fuppofe
is here in court. That ftatute fays this
(if you pleafe I will quote the fubft.ince of
it) " That none fnall be admitted to pais
upon any inqucft upon the trial of the death
ct a man, except he have lands and tene-
ments of the yearly value of 40s." Kovv we
are here I think within the worJs of the fta-
tute, and I take it to be no queftion at all,
were we not in a city and county. I think this
would be no queftion upon any trial in any
county at large. The ftatute does not
make any exception or diflinguilhment
between citits and counties at large, but
the words are general, as I have opened
them. My Lord, the ftatute does alio
provide in cafes of freehold or forty marks.
Now, my Lord, to prove this ftatute ex-
tends to London, though a city and county,
there are other ftatutes that have been made
lubfequent, make it plain that it dees fo
extend. But before I fpcak to them, there
is I Inft. fo. 157. that takes no notice of
this ftatute, and fpeaks it genera'ly, that
the freehold ought to be in the fame
county, nor do I remember to have fcen ■
any book that diftinguifhes between coun-
ties at large and cities and counties. But:
ftatutes that have been made concerning
cities and counties are a plain declaration
that this is meant of juries both in cities
and counties. I will mention th^ ft'tu:e
7 H. 7. c. 5. The lublbnre of the ftatute
is this. It takes notice tint there were'-'
challenges m London for that they had noc
40s. per annum, and that this challcnse-
was to be made in the wards, which are
the fame with hundreds in the counties, fo •
this ftatute is made to take awiy the chal-
lenge of 40s. freehold. This ftatute of
7 H. 7. that takes away the challenge in
London for not having 40s. is. with fub-
miffion, a ftrong evidence and author:ry
6 Y that

542 A C O L L E C T I

tr.at ic \v,is before that time a good chal-
lenge, for oiherwife to what end fhould
tliey fiKilc a llatute to take away the chal
Jeiige, iiriicfs it were before a good cauie
oi challenge ? In the r)txt place, 4 H. 8.
c. ^. that extends to civil caults in London,
and fiys, that the London jurors (hall (but
provides only for London in civil caufes)
be admitted in civil caufes, that have goods
to the value of one hundred marks. My
Lori', if that firft Itatuie or the common
law had not extended to require freeholds
in Lnnv'on,, then there would have been no
^need of this ftatute that was made to enable
men to be jurors that had goods to the
■value of one hundred marks. So that we
-take it to be good authority, that by the
common law freehold was required in all
civil caufes. Then there is another ftatute
2j H. 8. c. 13. and that will be a ftrong
evidence to fliew what the law is : For the
ftatute fays, in cities and boroughs, in
trials of murder and felony, if a freeman
of the city of London is to be tried, the
freemen fhall be upon the jury, though
they have not freehold, and then there is a
provifo, that for Knights and Efquires that
are out of the borough, though they are ar-
raigned in the borough, that extends not
to them, though in cafes of murder and
felony. As for this ftatute we take this
fenfe of it, firft. That it does not extend
to treafons, for when itonly names murders
and felonies, that makes no alteration as to
trcafon, therefore that rtands as before :
But if there bf, any alteration that extends
cn'y to feemen and burgiffes that are to
be tried, but not 10 Knights and Efquires,
lb that if we were in a cafe of felony and
murder, I think we are not concerned in
this ftatute, for we are no freeman nor
burgffs, but we are an Efquire, and there-
fore ought to be tried by freeholders : So
that for the law we rely upon thefe ftatutes,
that we have looked upon as flrong evi-
denccj that there ought to be in the trial of

ON OF TRIALS

j the life of man, efpecially for treafon, free-
I holders. Firft, if it were in civil caufes,
if this qualification be not in jurymen, then
an attaint would lye •, the penalty in an
attaint is, that their houfes ftiould be pulled
down, a:c. This is provided by the law,
to the intent the jury may be careful to go
according to their evidence. 'Tis true, no
attaint does lie in criminal caufes, but if lb
be in civil caules there be required free-
holders, and an attaint lies if there be nor,
'tis not reafonable to think but there ftiould
be as great regard to the life of a man as to
j his eftate. Next, my Lord, I do not
1 know any law that fets any kind of qua-
lification but this of freehold, fo that be the
perfons of what conditions or nature foever,
(fuppofing they be not outlawed) yet thefe
perfons, if this law be not in effed:, may
then ferve, and be put upon the life of a
man. Thefe are the reafons, my Lord,
for which we apprehend they ought to be
freeholders.

Mr. Holl. My Lord, I would defire one
word of the fame fide : We infift in this
cafe upon thefe two things ; Firft, we con-
ceive by the common law, every juryman
ought to have a freehold, we have good
authority for it. Coke's Firft Inflitutes, but
if that were not fo, I think the ftatute Mr.
Pollexfen hath firfi: mentioned, 2 Hen. 5.
c. 3. to be exprefs in this point. My
Lord, the ftatute in the preamble does
recite all the mifchiefs, it fays great mif-
chiefs enfued by juries that were made up
of perfons that had not eftates fufHcient ;
In what .'' As well in the cafe of the death of
a man, as in the cafe of freehold between
party and party : The ftatute reciting this
miCchief, does in exprefs words provide two
remedies for the fame in thefe caf?s : Firft,
on the life and death of a man, the jury or
inqueft to be taken, ftiall have 40s. per
annum, and fo between party and party
forty marks, fo that this being the trial of
the death of a man, it is interpreted by

Stamford

A
162

COLL

a. That is.

ECTION «F TRIALS.

545

In all cafes 1 benefit in lower cales : like the cafe of the

where a man is arraigned for his life, that Bifliop of Winchefler, where the ftatute ll-t

is \yithin the exprefs words of the ftatute
Befides this expofition that hath been put

i down Dean and Chapters, and other eccle-
fialiical perfons, it fliall not extend to

upon the ftatute, my Lord, it does feem I Bifliops, becaule it begins with perfons of
that the judgment of feveral Parliaments
hath been accordingly in feveral times and
ages. My Lord, to inftance in one ftatute
that hath not been mentioned, and that is
the 3 ^ of H. 8. c. 23. That does give the
King power to award commiflions of Oyer
and Terminer, for trials in any county of
England : And that (fays tlie ftatute) in
fuch cafes no challenge to the ftiire or hun-
dred ftiall he allowed ; that is, you fliall
not challenge the jury in fuch a cafe, bc-
caufe they have not freehold, are not of the
county where the treafon was committed ;
but that upon the trial challenge, for lack
of freehold of 40s. a year, ftiall be allowed
though it alters the manner of trying trea-
fon by the common law ; fo that, my Lord,
here is the opinion of that very Parliament;
that though it took away the ufual method
of trials ; yet it faves the prifoner's chal-
lenee for want of freehold. Now indeed
that ftatute is repealed ; but I mention it
as to the provifo. that it fliews the judg-
ment of that Parliament at that time : My
Lord, thofe other ftatutes that have been
made to regulate cities and towns corporate,
why wtre they made? 33 H. 8. That no
freehold ftiould be allowed, that fliews that
2 H. 5. did extend to thefe cafes. But,
rny Lord, thefi. ftatutes that fhew the judg-
ment of the Parliament fufticient to our
purpofe, do not extend to this cafe; the
ftatute goes only to murders and felonies,
but not to treafons : And we are in the
cafe of a penal ftatute, and concerning the
life and death of a man, which ought to be
taken ftridtly, it oufts tl^.e prifoner of a be-
nefit; and by parity of reafon, if treafon
be not mentioned, your Lordfhip can't by
equity extend it to it, when it only men-
tions inferior offences, and takes away the

an interior nature : No more (hall murder
and felony extend to treafon. But further
the ftatute only concerns freemen, for there
is an exprefs provifo in the cafe : For in
cafe any Knight or Efquire come to be tried
in tiie place, he has his benefit as before.
My Lord, we are in this cafe, as in the
cale not mentioned in the ftatute, we are
not a freeman of London. My Lord,
there is anotl'ier thing 7 H. 7. c. 5. Why
there was not only requihte at the commoii
law, that the jurors had fufficient freehold,
but it was required it fliould be in the hun-
dred ; and freehold in the wards in the city
is the fame with freehold in the hundreds
in the country : So that the want of free-
hold in the hundred, was a good caufe of
challenge. So that I think it will hardly
be denied, but that a jury that pafTes upon
the life of a man, ought by the law, by the
ftatute, and by the judgment of the Par-
liament, to have freehold. Where is there
then any ftatute whatfoever that makes a
difference in this cafe between London and
other counties .? We are in the cale of trea-
fon, we have taken our exceptions, and on.
behalf of the prifoner at the bar, we pray
the challenge may be allowed.

Mr. M^ard. My Lord, I fhall be fliorr,
becaufc Mr. Pollexfen has obferved thefe
things fo particularly already. I obfervc
the ftatute of H. 5. is a general ftatute, and
extends throughout the realm : Now when
the thing is thus general, there is no room
to except particulars. And in this c^fe 'tis
within the very words of the law, if rhe
words be fo generally penned in the ne2;a-
tive, then we conceive thnc is no con-
ftru£lion to be macle upon them, unlcfs
fome fubfcqucnt Parliament alter it. C&ke"s
Inftitutcs 1^7. where 'tis faid '\i\ treafon as

well

544

A COLLECTION of TRIALS.

well as any thing elfe, upon H. 5. there
fhall be freeliolds. If they have provided
in civil and other criminal caufes, it were
ftrange that this fhould be Cafus omiJJ'us,
but there is no conftrudion againlt a
negative lav/. For the Parliament taking
care of the city of London (as the fiibfe-
quent ftatutes fay) that he th .t hath one
hundred marks fhall pafs in civil caufes,
and then it fays in murders and felonies,
and that only confined to the freemen of
the place,- does fufficiently explain the law,
where 'tis not altered by any fubfequent
aft, therefore I defire the challenge may be
admitted.

Ait. Gen. My Lord, Thefe gentlemen's
foundation is not good, for they prove it
not by any books, that at common law it
was requifite for a juryman to have free-
hold. My Lord, I deny their foundation,
there is no fuch law, and at this day in
all criminal cafes, -where the ftatute doth
not diredt it, as for riots and other in-
formations for mjfdemeanor, there is no
law reftrains them, and they may be tried
by any men they have no exception againft.
Then 2 H. 5. f^ys. None fhall be admitted
to pafs upon the death of a man, (I take it
ro extend to all capital matters, though it
is pretty oddly exprelTed ; for when a man
is accufed of other felonies and high trea-
fons, 'tis of the death of a man) unlefs
lie Iiave lands or tenements, of the yearly
value of 40s. But 1 will take it as thefe
gentlemen do at this time, it not being
lo at common law, nor in other criminal
cafes, but what are provided for by
the ftatute : As to other matters of felony
and murder, no doubt there thefe chal-
lenges are to be taken upon the Itatute, but
not for treafon, becaufe the flatute of
Qiieen Mary does exprefsly rcpe;d that
Jlatutc; and no ftatute fince takes away the
force of that of Queen Mary ■, that all trials
for treafon fliall be as at the common law ;
and according to this the conftant pracftice

in all cities (not only London) where per-
fons have been indidted for High-Treafon,
hath been. There was never any fuch
thing pretended : Moft of thefe gentlemen
have freeholds, but we would not have thisi
point loft to the city of London ; fo that
the ftatute they fpeak of, and the interpre-
tations of the feveral other ftatutes too, are
to no purpofe , for we fay by common law,-
all caufes might be tried by any perfons,;
againft whom there was not fufficient caufe
of challenge -, and the common law is by
that ftatute reftored in this point.

Sol. Gen. My Lord, I have little to fay,
Mr. Attorney hath given a true anfwer to
it, the foundation does fail them. It was.
not neceffary at common law, for a jury--,
man to have freehold : But then they muft
fhew you, my Lord, it is altered and made
neceffary. The ftatute of H. 5. does not-
feem to extend to treafon, but if it did,,
'tis now out of doors, by that of Queen
Mary, whereby all trials of treafon are re--
duced to the common law. This is that-
we anfv/er, they fail in their foundation,,
they do not make it out, that it, was necef-
fary for a juryman at common law to have;
freehold.

Serj. Jefferies. My Lord, I confefs they
have cited feveral a6ls of Parliament, and.
upon them lay their foundation, and draw^
inferences from them : But they w.ll find, -
that in feveral afts of Parliament which, they
have quoted, there is a particular regard
had for the prefervation of the conltant
ufage and cuftoms for trials within the city
of London. That notwithflanding feveraL
adts of parliament have in. other places,
afcertained the value of jurors ; yet tlicy
had ftill an eye that the city of London,
fiiould continue in its ufages. I think it ;
will be neceffary to put you in mind of the •
cafe of the city of Worcefter. It would'
be very hard, fay they, becaufe an attaint
does not lie in criminal matters ; if you in-
tend by that to have people of ability, 'tis

well

A C O L L E C T 1 O N" . o F TRIALS-

145

w^U ki)Q,vvn, that th<; ablefl people in the
city of t-ondon, have Icarce any freehold in
it; for that moH o^ t;he inheritances of the-
ci^i;y of London remain in the nobility and
in corporations. Now in the cafe of my
Lord RuiTel, he hath a peremptory chal-
lenge to thirty-five, and I think I n>ay adr
venture to fay, there can fcarc^ be thirty-
five more that can call chenafelves free-
holders in London ; conlider the confe-
quence then, treafpn fl^ould be conjmitted
in the city of London, and there would not
be enow in the city of' London to try it.
In the cafe of the ^o IVarratito brought
againft the city of Worcefter, to know by
what warrant feveral took upon them the
offices of Aldermen, J the gentlemen at the
bar objected that it was realbnable that no
freehold fliould be determined, but by
freeholders. But the Judges of the King's
Bench, (the court being full) for the ne-
cefllty of the thing, left there might not be
fufficient freeholders in the city, having
fent one of the Judges of that court to your
Lordfhips of the Common Pleas, for that
reafon did agree the challenge was not good.
I know thefe gentlemen will pleafe to re-
member the cafe ; fo that I fay, as in one
■cafe we ought to be tender, of the Ijfe of
the prifoner, fo we ought furely to be
tender of the life of the King, otherwife it
may fo happen that the King's life may be
encompafled, and treafon committe.d in the
city, and there would be no way in the
■world to try it : Therefore we pray for the
King the challenge may be over-ruled.

Mr. North. My Lord, It is the praftice
to make th<? Venire facias, without men-
tioning freehold, for it does not command
that they return fo many men that have
freehold, but probos l^ legates homines de
X'ijineto ; therefore at the common law,
thofe were good inquefts to try any man
that were not excommunicated nor urider
any out-law. 'Tis true, there are ftatutes
that fay, all jurymerufliaJil.lWYe freehold ;

but we, fay thefe tlatutes do not extend to
the city of London, but that it is govern-
ed by its own cuftoms ; and we fay ic is
tJie cuftonr. that citizens of ability have bc<fn
returned, fhat have no freehold. Bm
granting what we do not, by way of fup-
poLtJ, my Lord, it does not extend to this,
cale, becaufe trials are to be according to
the ufe at common law, by tiie ftatute of
Qj-ieen Mary, which does fet them at laro-e
again ; and that is the reafon the prifoner,
in this cafe, hath his c-hallenge for- thirty-
five, and is in other cafes reftrained to
twenty ; fo that we fay, thefe men o'f
ability are good, and- there is no ftatute
affedls them. j

L. C. J.- Mr. Pollexfen, Do yon find any
judgment, that in cafes of treafon by com-
mon law, they might except for want of
freehold ^ Have you any refoiution in the
cafe ?

Mr. Pollexfen. I think there are books
that fay, at common law there muft be
freehold. ' ' i^-' -'^

L.C.J. What, intreafort?

Mr. Pollexf. No, my Lord.

L.C.y. Unlefs you fpeak of treafon,
you do not fpeak ad idem. For I do take
it that in cafes of treafon, or in cafes of
felony, at the common-law, they had no
liberty to except to jurors, that they had
not any freehold, but that at the common-
law any good and lawful men might pafs.
Then take as introdu6live of a new law the
ftatute of Hen. 5. I am of the mind that
this ftatute of Hen. 5. peradventiire may
extend to treafons and felonies ; but when
the ftatute of Queen Mary comes and fays,
all trials ftiall be by fuch evidence, and in
fuch manner, as by common law they ought
to have been, I do not fee how it is poflible
to make an obje6Hon afterwards of this
nature. For, admitting this Aft of Par-
liament of Hen. 5. had altered the common
law, and given a challenge, why then when
the ftatute of Queen Mary comes and fets
\ 6Z ' all

54^

A COLLECTION op TRIALS.

aiU trials at large in the cafe of treafons,
then certainly the challenge is gone again,
and I doubt you will not find one excep-
tion in this cafe, ever fince that ftatute con-
cerning the jury's freehold in cafes of trea-
■fon, but it hath generally palTed otherwife,
and there hath not been any ever ex-
cepted 5 I doubt it will be a very hard
thing to maintain fuch a challenge now.
'Here are my Lords and brothers will be
pleafed to deliver their opinions. It is a
bufmefs of great confequence, not only for
this noble perfon at the bar, but for all
other fperfons.

L. C. Bur. I agree with your Lordfhip
perfeftly, but if the counfel had laid a right
foundation that it had been fo at common
law, there had been much faid ; but I take
it at common law there was no chal-
lenge for want of freehold,, and 1 am in-
duced to think fo, for otherwife what needed
.the ftatute of Hen. 5. been made ? But
whether it extend to treafon or no, I am not
fo clear. And if it did, it, is wiped off
again by that of Queen Mary, which re-
duces all to the common law trial.

Juft. J-Findham, I am of the fame opi-
pion : 1 conceive at common- law, lack of
freehold no good caufe of challenge. It is
true, that challenge is given in fome cafes
by Aft of Parliament, yet 1 doubt whether
it extend to a thing of fo high nature as
treafon, for other ftatutes have not men-
tioned any thing of treafon. But fuppofe
2 Fl. 5. did ex:end t.o it, yet it. is very
plain, the fiatute of:i and 2 Qiiecn Mary
hath fot all at large again, they are to be
good and lawful men, and 1 do not find
that any thing of the lawfulnefs inuft be the
freehold. And therefore, I conceive this
is no j aft exception in this cafe.

Mr. J. Jo?ies. My Lord, I am of the.
fame opinion : I am of opinion that the
toj^nrnon law did not require freehold to be
a good caufe of challenge in the cafe of
trcaion, and the rather, becaufe at the

indifted "*

common law, a man that was indictea o*
High-Treafon had liberty to challenge, pe-
remptorily, to the number of thirty-five
perfons. My Lord, if the common law
be altered by the ftatute of H. 5. yet I take
it, that the ftatute of i and 2 Ph. and M.
does reftore the common law in this par-
ticular point. For whereas there was a
ftatute of H. S. to reftrain the prifoner to
the number of twenty for his challenge,
now the ftatute reftoring it to common law,
the prifoner hath his challenge to thirty-
five, as he had before that ftatute of H. b'.
So I take it, the King fhall have his pri-
vilege alfo to try a prifoner for treafon, by
perfons that have not freehold.

Mr. J. Charlton. I am of the fame opi-
nion. And truly the rather, becaufe no
prefident hath been offered of any fuch
challenge before, and many men have fuf-
fered, and fure if it could have been, manyo
would have made ufe of it.

Mr. J. Levins. I am of opinion 'tis not
to be allowed. I do not think myfelf driven
to the neceflity to determine now, whether
freehold was a good challenge at common
law in point of treafon. I think the ftatute
of Ph. and M. hath reftoreii the trials to^
the common law. What was the common
law? The common law is the cuftom of ,
England, which is other in cities than in
counties, and the cuftom of London is part
of that common law. So, though it be a
caufe of challenge in a county at large, yet
it is not a caufe of challenge in cities, where,
freeholders are not to be found. Now thac
v/hich fatisfies me is. That this cuft<im is
reftored by the ftatute of Ph. and Mary, .
becaufe never fuch a challenge hath been.
And it is know when twenty were tried foe,
treafon together in this very place, and one
of them a notable cunning lawyer, and if
fuch a challenge were to have been allowed,^
no doubt he would have made- ufe of it,
but the challeng'.' was not taken, and if he'
had made fueh a challenge, and it had been'

allowed,, .

A COL LECTIO

altowed, perhaps he could not have been
tryed : That was Cook. I have heard fe-
veral perfons tried for treafon myfelf, and
never heard it taken. Therefore I am of
opinion, that before any ftalute was made
in this cafe, it was the cuRom in London
to try without freeholds,, and fince by the
Itatute of Queen Mary 'tis reftored.

Mr. Bar. Street. I think there was no
fach challenge at common law. The jury
were only to be probos i^ Irgales homines,
and no more, till the ftatute made it fo,
but there is a particular refervation for cor-
porations. And certainly, if this (hould
be admitted to be a good challenge, though
it were between party and party, there
would be in fome corporations a perfect
failure of juftice. So that without doubt
at common law there was no fuch chal-
knge. As for the ftatute of H. 5. 'tis
gone by that of Qiieen Mary. If this were
admitted within London, nothing would [ John Martin William Butler

N F T R I A L S. 547

nelled are men of quality and fiibftance,
men that have a great deal to lofe. And
therefore your Lordfliip hath the fame in
fubftance, as if a challenge was allowed of
freehold. It will be no kind of prejudice
to your Lordfhip in this cafe. Therefore,
if you pleafe, apply yourfelf as the jury is
called, and make your exceptions, if you
fhall make any.

L. C. J. Mr. Pollexfen, you fhall have
liberty to ftay any where here, if you
pleafe.

CounfeL Here is fuch a great crowd, my-
Lord, we have no room.

Then the jurymen were called, and after
the Lord Ruflel had challenged one and
thirty of thtm, the jury fwom were as--
follows.

T~ u R y:

be more inifchievous to this corporatitjn
Methinks we have been very nice in this
matter, when the life of the King is at
ftake, and all the cuftoins and privi'eges of
the city of London feem to be levelled at
in this point. I am of the opinion with
the reft of the Judges, that this challenge
ought to be over-ruled.

J. IVithins. I am of the fame opinion.

L. C.J. My Lord, the court is of opi-
nron, upon hearing your counlel, and the
King's, that it is no good challenge to a
jury in a cafe of treafon, that lie has not
freehold within the city. But I muft tell
your Lordihip withal, that your Lordftiip
has nothing of hardihip in this cafe, for
notwithftanding that, I muft tell you, you
will have as good a jury, and better than
you lliould.have had in a county of 4I, or
4OS. a year freeholders. The rcafon of the.
law for freeholds is, that no (light pcrlbns
ftiould be put upon a jury, where the life
of a man or hb eftate comes iil queftion,
Lrut'in the city the perfons that arc inipan-

William Roufe
Jervas Seaton
Will am Fafhion
Thomas Short
George Torriano

James Pickering
Thomas Jeve
Hugh Noden
Robert Brou^h
Thotnas Omeby.

Then was made proclamation for infor-'
mation..

Cl.ofCr. William RiilTel, .Efq; hold up -
thy hand, (which he did.) You of the iury_
look upon the priloner, and hearken to his
caufe. He ftands indided, by the name

of front before in the indi<5l-.

ment. Upon this indiftment he hath betn->
arraigned, and thereunto pleaded Not-
Guilty, and for his trial hath pyt himfelt" '
upon his country, which country you are :
Your charge is to inquire whether he be -■
Guilty of this. High- 1 realon whereof he
ftands indicted, or Not Guilty ^ If you -^
find him Guilty, you Ihall inquire, &c.

Mr. North. May it pleafe your Lord-'
ftiip, and you that are fworn, 1 he prilbner

at -

54S A C O L L E C T I

at the bar ftands chargecl In this incjift-
ment with no lefs ihan the confpiring the
death of the King's Majefty, and that in
order to the fame, he did, with other trai-
tors naT.ed in the indi(51;men.l;, and others
not known, Noveniber 2. in the 54th year

;of;;his King, in theparifll' of Baffifh^w,
within the city of London, meet and' con-
fpirc togedier. to bring our So\^ereign Lord
the King to death, to raife war and rebel-
1 oil agairi-ft him, and to maflacre his fub-

-ififts. And in order to compafs theie
wicked defigns, there being aflembled, did
comdude to feize the King's guards, and
his iVIajefty's perfon. This is the charge,

■ the defendant fays he is not guilty, if we
prove it upon him, it will be your duty to
find it.

/Itl. Gen. My Lord, and you gentlemen
of the jury, moft of our evidence againft this
honourable perfonat the bar is to this pur-
pofe. 1 his perfon, the Duke of Mon-
mouth, my Lord Grey, Sir Thomas Arm-
ftrong, and Mr. Fergufon, they were the
counlel of ftate, as I may call them, to give
forth direftions for the general rifing that
hath appeared was to have been within this
kingdom. The rifing was of great concern
and expence, and mufl be managed by
perfons of intereft, prudence, and great fe-
crccy. Thefe gentlemen had frequent

. meetings in Oftober and November lad,
(for then, you may refrefh your memories
again, was the general rifing to be) and
there they did confult how to manage the
rifing, they confulted how to feize the
King's guards ; and this noble perfon be-
ing mixed with thefe others, efpecially with
Fergufon, who with others of an inferior
rank was alfo engaged in a cabal for ma-
naging worfer things (though this is bad
enough) ; at feveral meetings they receive
meffages from my Lord Shaftsbury touch-
ing the rifing. They being looked upon
as the perfons they were to conclude and

>^ OF T % I A L S.

fettle the tirne and all circumllances aboii^t

We fhall make it appear to you in the
CO Lirfe of bur evidence, that thofe u.nder-
Hngs(for this was the great confult, and
moved all the other wheels) who managed
the affaflination, did take notice that thefe
Lords antl gentlemen of quality were to
manage and ftecr the whole bufinefs of the
rifing. It feeitis thefe gen rlernen could not
give the Earl of Shaftsbury fat!sfa<£liqn to
his mind, for hepreffed them to keep their
day, which was the 17th of November laft j
but the honourable perfon at the bar, and
the reft, made him this anfwer, that Mr.
Trenchard had failed them, for that he had
promifed to have 1000 foot and 2 or 300
horfe at four hour's warning, but now Jt
was come to pafs, he could not pertbrm it,
that fome perfons in the weft would not
join with them, and therefore at this
time they could not proceed, and therefore
they mull defer the day. And as a coun-
fel, they fent my Lord Shaftsbury word,
he muft be contented, they had otherwife
refolved, and thereupon my Lord Shaftf-
bury went away and Mr. Fergufon with
him.

To carry on this practice, they took
others into their council, Sir 7 homas
Armftrons was left out, and there falling
that fcandalous report upon my Lord Grey,
he was to be left out, and then there was to
be a new council of fix, whereas the inferior
council to manage the allaflination was feven.
At this council there was this honourable
perfon at the bar, the Duke of Mon-
mouth, my Lord Howard, and another ho-
nourable perion, who 1 am forry to name
upon this account, who hath this morning
prevented the hand of juftice upon himfelf,
my Lord of EflTex, and Colonel Sidney, and
Mr. Hambden : Thefe fix Jiad their fre-
quent confults at this honourable perfon's
houfe ; for they had excluded Six Tho-
mas

A COLLECTIO

mas Annftrong, and my Lord Grey, for
thole gentlemen would have the face of re-
Jio-ion, and my Lord Grey was in t]>eir
clteem fo fcandalous, that they thought
that would not prevail with the people, if
he was of the council. There they de-
bated how they fliould make this rifing,
after feveral confultations they came to this
refolution •, that before they did fall upon
this rifing, they fhould have an exaft ac-
count both of the time and method of the
Scotch rifing, and thereupon a meflenger
was fcnt on purpofe by Colonel Sidney,
viz. Aaron Smith, to invite Scotch com-
miffioners to treat with thefe noble Lords.
Purfuant to this, juft before the plot broke
out, feveral from Scotland came to treat
with them how to manage the work ;
30,000! was den.anded by the Scots, in or-
der that they fhould be ready in Scotland;
then they fell to io,oool. and at Ia(t (for
the Scots love money) tliey fell to 5,000!.
which they would take and run all hazards,
but they not coming to their tern>s, that
broke off that week the plot was dif-
covered.

Gentlemen, it we prove al! tlicfeinlbnces,
befides we fhall call fome to fhew you that
all the inferior party fttH looked upon thefe !
to be the heads; and though they kept it j
fecret, God hath iuffered it to come to
Tight, with as plain an evidence as ever was
heard.

Serj. Jefferits. I will not take up any of
your Lordlhip's time -, we will call our wit-
neffes'to prove the fadt' Mr. Attorney hath
opened. Sv^ear Colonel Rumtsy. (Which
was done.) Fray Colonel Rumfey will you
give my Lord and the jury an account,
from the beginning to the end, of the fe-
veral meetings that were, and what were
the debates o\ thofc meetings.

Col. Rumfiy. INly Lord, 1 was at my
Lord ShaFt^bury's lodging, where he hy,
dow!» by Wapping about the latter end of
October, or the- beginning of November,

Vol. L No. 24.

N OF TRIALS. cr49.

and he told me there was met at one Mr.
Shcppard's houfe the Duke of Monmouth,
my Lord Ruffe!, my Lord Grey, Sir Tho-
mas Armflrong, and Mr. Fergulon, and he
defired me to fpeak to them to know what
refolution they were come to about the
rifing of Taunton : I did go there accord-
ingly, and call for Mr. Sheppard, and lie
carried me up where they were, and the-
anfwer that was there made me was. That
Mr. Trenchard had failed them, and there
would be no more done in the matter ac
that time.

y^//. G(n. Tell the whole paffage.

Col. Rumfey. I did fay my Lord Shaftf-
bury h.ad fent me to know what refolutior.
they had taken about the rifing of Taunton.
They made me thisanfwer, that Mr. Trench-
ard had failed them, that he had promifed
one thouland foot and three hundred horfe,
but when he came to perform it, he could
nor. He thought the people would not
meddle, unlefs they had fome time to make
provifion for iheir families.

L. C. f. Who had you this meffige
from ?

Col. Rumfey. Mr. Fergulon did fncak
mod of it.

L. C. J. VsHio fent this meffage back ?

Col. Rumfey. Mr. Fergufon made the
anfwer, my Lord Ruffe! and the Duke of'
Monmouth were preient, and I think my
Lord Grey did fay fomething to the fame
purpolc.

Att. Gen. Pray how often were you with
them at that houfe ?

Col. Rumfey. I do dot Icnow, I was there
more than once, I v;as there either another
time, or elfe I heard Mr. Fergufon make a
report of another meeting to my Lord*
Shaftlbury.

Se.r].Jefferies. Was my Lord Ruffel in
the room when this debate was ?

Col. Rumfey. Yes, my Lord.

Ail. Gen. WhatcHd they fay further.^-

Col.:.

7 A

550 A COLLECTION

Col. Ruifjfa. That was all that, tirxie,^

that 1 remember. ,^ , . ;•' <-., I

. Jtt.Gen. ,Wa.s there nothing,C(fipy Lord,

Shaftibury to be contented ?-, o; '\,^ .- •;>

Co!, lluKiky, Yes, tliat my Lord,Sbaftr-;
bury li.uil bs contented i and upon that;
lie took his relbiution to t)c gone. ,; ;,

L. C. 'J. Dai you hear any fuch'^re-'
fcjlution from him .''

Col. Run-:fcy. Yes, my Lord.

yf//. G-n. Did you know of their meeting
■ there, or was it by my Lord Shaftfbury'.s
dii-LiSlicn ?

Col Rumfey. No, but my Lord told me,

I Oiould find fuch pcribns, antl accordingly

;I found them; and this anhver was given.

Ju. Gen. What time did you ftay ?

Col. Rumfey. I think I was nut there
above a quarter of an hour.

Alt. Gcti. Was there any dilcourfe hap-
pened while you were there about a decla-
ration ?

Col. Ruiiifi'y. I am not certain whether
I did hear lomcthing about a declaration
there, or that Mr. l-ergufon did report it
to my Lord Shaftfbury, that they had de-
bated it.

OF TaR-I a L

Seij. Jffferies. To what purpofe was the
declaration ?

"L. C. J. We mufl: do the prifoner that
right v [-le fays he can't tell whether he had
it from Iiim or Mr. Fergufon.

Jit. Gen. D:d you hear no difcourfe to
what it tended ?

Col. Rumfey. My Lord, there was fome
difcourfe about f.-eing what pofture the
guards were in.

One of the Jury. By whom, Sir.?

Col. Rumfey. By all the company that
was there.

L. C. J. V/hit was that difcourfe ?

Col, Ruirifey. To fee wh.it pofture they
were in, that they might know how to fur-
prize them.

L. C. y. The guards ?

Col. Rumfey. Yes, That Vt'e:re at the Sa-
vpy, and t.hQ fvlews^. __^^ ,,. ,,' , .. ,

; il^Q.-Ji';- -Wiiofetwf&peitiiif-rWQrds .'' TeU

' the. words as near as you 'esn.

; : Co'. Rumfey. My Lord, the difcourfe

' was, that fome fliould

■ . L. C. J: Who made that difcourfe ?
"X^ol. /i«»?/«>'.., My Lord, I think Sjr
Tho. i\rn-jft,iong, biega.q.it,-, and Mr.yijer;^
;giiibn..,,,,. ;.: iv!.. ,.;,;. .J; ■ ■ ' :

Alt.. Geii. Wis it .diicourfed among all
the company ?

Col. Rumfey. All the company did debate
it. Afterwards, they thought it neceflary
to fee with what care and vigilance they
did guard themlcives at the Savoy and the
Mews, vvhether they might be furprized or
not.

Jtt.- Gen. Were there any undertook to
go and fee there .''

Col. Rumfey. There were fome perfons.

Serj, Jeferits. Name them.

Col. Rumfey. I think the Duke of Mon-
mouth, my Lord Grey, and Sir Thomas
Armltrong.

Serj. Jefferies. Was my Lord Ruflei, the
prifoner there, when they undertook to
take the view .?

Col. Rumjey. Yes, Sir.

Alt. Gen. I'o what purpofe was the
view ?

Col. Rumfey. To furprize them if the
rifing had gone on.

Scrj. Jefferies. Did you obferve by the
debates that happened, that they did take
notice there w;

Col. Rumfey. Yes.

Scrj. Jefferies. And that direclion was
given to take a view of the guards, if tlie
riling had gone on ?

Cul. Rumfey. Yes.

L. C. J. Pray, Sir, declare juflly the
difcourfe.

Col. Rumfey. I went to tliem from my
Lord Shaftfbury: And I did tell them, that
my Lord did pray they would come to fome

refolution ;

3S a rifing intended ?

A C O L L E C T I O

•■-folution •, and they told me, Mr. Tanch-
ard they depended lipon, tor I'aunton had
fii'iled them, who when he came up to town
firfl: at the term, had allured tliem, that in
three or four hours time, he could have
one thoufand foot, and three hundred
horfe : but now i: came to be tried, lie an-
Cwered it was not poHible tor him to under-
take it, for people would, not rufh into it
of a fuddcn, but have fome time to prepare
tor their tamiiies.

Jtt. Gen. Was it pretended there fliould
be a rifing at that time ?

Col. Rumfy. Yes, the 19th of Novem-
ber was appointed for the riiing,

L. C. y. Was it before that time, you
went to prefs them from my Lord Shaftf-
bury ?

Col. Rumfey. Yc^, I think it was a mat-
ter of a fortnight before, or fomethina
more. For I think it was concluded Sun-
day fortnight after my Lord Grey met.

Jtt. Gen. But you fay, befides what you
heard there, you underftood there was to
be a rifing at that time ; was you to be en-
gaged in this .''

Col. Rumfy. Yes, I was.

L. C. y. You mull; fpeak fo, that what
you deliver may be fenfible-, for if you
fpeak, I apprehend fo and fo, that will be
doubtful.

Col. Rumfey. No, my Lord, the rifing
wa? determined, and I was to have gone to
Brirtol.

Jil. Gen. In what capacity, as Colonel
or Captain .''

Col. Rumfey. There was no determination
of that, no quality.

L. C. y. By whofe appointment was
that ?

Col. Rumfey. My Lord Shaftfbury fpake
that to me.

Scrj. ysferies. But pray, Col. Rumfey,
this you are very able to know, v/hat the
debates were, and need not to be pu riped
v/ith fo many queftions ; pray, was there
any debate, when you came with the mel-

N OP T P. I A L S. 551

fige from my Lord Shaftfbury's, was there
a debate about the rifing .'

Col. Rumfey. There was no debate of ir,
becaufe they made anfwer, Mr. Trenchard
h.'.J failed them.

Scrj. yefferies. But did not they take
notice, of the rifing? Give an account
of ir.

Col. Rumfey. I have done it twice.

yuty. We defire to know the meflage
from the Lord Shaftfbury.

L.C.y. Direft yourfclf to the court:
Some of the gentlemen have not heard ir,
they defire you would with a little more
loud voice repeat the melTage you were fent
of from my Lord Shaftfbury.

Col. Rumfey. I was fent by my Lord, to
know the rciblution of the rifing in Taun-
ton ; they anfAcred, Mr. Trenchard, whom
they depended upon for the men, had
failed them, and that it muft fall at that
time, and my Lord mud: be contented.

Alt. Get!. Was the prifoaer at the bar
prefent at that debate ?

Col. Rumfey. Yes.

Serj. yefferies. Did you find him averfe
to it, or agreeing to it .''

Col. Rumfey. Agreeing to ir. .

Baron Hireet. Wliat laid my Lord Shaftf-
bury ?

Col. Rumfey. Upon my return he faid,
he would be gone, and accordingly did

go.

Serj. yefferies. If my Lord Ruffcl pleafcs
to aik him any queftions, he may.

L. Rjiffet. Muft I afK him now .?

L. C. y. Yes, my Lord, propcfe your
queftions to me.

L. RuffeJ. I have very fev.' queftions to
afli him, for I know little of the matter,
for it was the greateft accident in the world
I was there, and when I law that conipany
was there, I would have been gone again.
I came there accidentally to fpeak with
Mr. Sheppard; I was juft come to town,
but there was no difccurfe of furprifing the

guards.

552 ACOLLECTI

guards, nor no undertaking of raifing an

;irmv.

L. C. y. We will hear you to any thing
by and by, by that which we now define
of your Lordfhip is, as the wicneffes come,
to know if you would have any particular
xqueftions afked of them.

L. Rujfel. 1 define to know, if I gave any
anfwer to any meflage about the nfing : I
was up and down ; I do not know what
they might fay when I was in the room ; 1
was tailing of wine.

L. C. J. Did you obfcrve that my Lord
Ruflel faid any thing there, and what ?

Col. Rumfey. Yes, my Lord Kullcl did
fpeak.

L. C. J. About what ?

Col. Rumfey. About the rifing of Taun-
ton.

I^. RaJfc'I. It was Sir Tho. Armftrong
that coiw.erfed with Mr. Trenchard.

L. C. y. What did you obferve my
Lord RuiTel to iay ?

Col. Rumfey. My Lord Ruffel did dif-
qourl'c of the rifing.

L. Ritffe!. How Ihould I difcourfe of the
rifing at Taiinton, that knew not the place,
nor had knowledge of Trenchard }

Alt. Gen. Now, my Lord, we will give
you an account, that my Lord RufTel ap-
pointed this place, and came in the dark
witliout his coach.

L. Ruffel. My Lord, I tliink the witnefs
was afked, if I gave my confent,

L. C. y. What fay you, did my Lord
give any confent to the rifing ?

Col. Rumfey. Yes, my Lord, he did.

yitt. Gen. Pray fwear Mr. Sheppard.

[Which was done.
Pray will you fpeak aloud, and give an ac-
count to my Lord, and the jury, of the
meetings at your houle, and what was
done.

Mr. Sheppard. In the month of Oftober
laft, as I remember, Mr. Fergufon came
V} <T-<i in the Duke of Monmouth's name,

ON OF TRIALS.

and defired the conveniency of my houfr»
for him and fome other perfons of quality
to mert tliere. And as loon a^ I had
granted it, in the evening the Duke of
Monmouth, my Lord Grey, my Lord'
RuiTel, Sir Thomas Armftrong, Col. Rum-
fey, and Mr. Fergufon came. Sir Thomas
Armftrong defired me, that none of m/
fervants might come up, but they mighc
be private ; fo what they wanted I went
down for, a bottle of wine or fo. The
fubfl:ance of their difcourfe was, how to
furprize the King's guards : And in order
to that, the Duke of Monmouth, my Lord
Grey, and Sir Thomas Armftrong, as I
remember, went one night to the Mews, or
thereabout, to fee the King's guards. And
the next time they came to my houfe, I
heard Sir I'homas Armftrong fay, the
guards were very remifs in their places,
and not like foldiers, and the thing was
feaflble if they had ftrength to do it.

yJtL Gen. How many meetings had you
there ?

Sheppard. I remember but twice. Sir.

Alt. Gen. Did they meet by chance, op
had you notice they would be there that
night .''

Sheppard. Yes, I did hear it before.

Sol. Gen. Who had you notice would be
there ?

Sheppard. The Duke of Monmouth, mv
Lord Grey, my Lord RuiTel, Sir Thomas
Arm.ftrong, Col. Rumfey, and Mr. F'er-
gufon.

Alt. Gen. Did they come with their
coaches, or a foot, in the night-time, and
in the dark ?

Sheppard. I cannot tell •, it was in the
evening, 1 did not let them in.

Att. Gen. Were there any coaches at the
door .''

Sheppard. None that 1 heard or faw, they
came not all together, but immediately one
after another.

A COLLECTIO

Serj. Jefferies. Had they any debate be-
fore they went into the room ?

Sheppard. No, they went readily into
the room.

Scrj. Jefferies. Was my Lord Ruflel both
times there ?

Sheppard. Yes, Sir, as I remember.

Serj. Jefferies. Had you any particular
bufinefs with my Lord Ruflel, or he with

553

you r

not at that time, but
about the affairs of my

Sheppard. No,
fince I have had.
Lord Shaftfbury.

Serj. Jefferies. Do you remember, Col.
Rumfey at the firft time had any difcourfe
about any private bufinefs relating to my
Lord Ruflel .?

Sheppard. No, I do not remember it.

Att. Gen. Befides the feizing of the
guards, did they difcourfe about rifing ?

Sheppard, I do not remember any fur-
ther difcourfe, for I went feveral times
down to fetch wine, and fugar, and nut-
meg, and I do not know what was faid in
my abfence.

Serj. Jefferies. Do you remember any
writings or papers read at that time ?

Sheppard. None that I faw.

Serj. Jefferies. Or that you heard of?

Sheppard. Yes, now I recolkdt myfelf,
I do remember one paper was read.

Serj. Jefferies. To what purpofe was it?

Sheppard. It was fomewhat in the nature
of a cieclaration ; it was read by Mr. Fer-
gufon ; who was prefent at the reading, I
cannot fay, whether they were all prefent
or not. The purport of it was fetting
forth tiie grievance?, of the nation, but truly
what particulars 1 can't tell : It was a pretty
large paper.

Jtt (kn. But you can tell the effeA of
it, when was that to be fet out ?

Sheppard. It was not difcourfed, it was
fhewn only, I luppofe, for approbation.

An. Gen. Who was it fliewed to ?

Sheppard Sir Thomas Armftrong.
Vol. I. No. 24.

N OF TRIALS.

Scrj. Jffferies. Who elfe ?

Sheppard. .■^s I remember the Duke v;as
prefent, and I think Col. Rumfey.

Col. Rumfey. No, I was not, it was done
befoie I came.

Serj. Jefferies. What was the defign of
that paper ? Recolltdl yourfelf, what was
the dcfion ?

Sheppard. The defign of that paper, w;is
in the nature of a declaration, fetting fortii
the grievances of the nation, in order to a
rifing, I fuppofe by the purport of the
paper ; but cannot remember the particu-
lar words of it.

Forewan of the Jury. Can you fay my
Lord Ruflel was there, when that decla-
ration was read, as you call it ?

Shippc.rd. 1 can't lay that.

Att. Gen. But he was there when they
talked of feizing the guards ?

Sheppard. Yes, niy Lord was there
tlien.

L. Ruffel. Pray, Mr. Sheppard, do you
remember the time when thefe meetings
were ?

Sheppard. I can't be pofitive as to the
time, I remember it was at the time my
Lord Shaftfbury was abfent from his own
houfe, and he abfented iiimfelf from his
own houfe about Michaelmas day j but I
can't be pofitive as to the time.

L. Ruffel, I never was but once at your
houfe, and there was no fuch defign as 1
heard of. I defire that Mr. Sheppard may
recolledt himfelf.

Sheppard. Indeed, my Lord, I can't be
pofitive in the times. My Lord, I am
fure, was at one meeting.

L. C. J. But was he at both ?
Sheppard. I think fo, but it was eight or
nine months go, and I can't be pofitive.

L. Ruffe/. I can prove 1 was then in the
country. Col. Rumfey faid there was but

one meeting.

Col, Rumfey.
two ; if I was

I do not remember I was at

not, I heard Mr. Fergufon

relate

554

A COLLECTION of TRIALS.

relate the debates of the other meeting to
my Lord Shaftfbury.

L. Rujfel. Is it ufual for tlie witnefTes to
hear one another ?

L. C. J. I think your Lordfliip need not
concern yourfelf about that, for I fee the
witntfles are brought in one after another.

L. Rujfel. There was no defign.

Serj. Jefferies. He hath fworn it.

/Iti. Gen. Swear my Lord Howard.

[Which was done.
Pray will your Lordfliip give an account to
the court, what you know of a rifing de-
figned before my Lord Shafcsbury went
away, and afterwards how it was continued
on.

L. Howard. My Lord, I appear with
fome confufion. Let no man wonder that
it is troublefome to me. My Lord, as to
the queftion Mr. Attorney puts to me, this
is the account I have to give. It is very
well known to every one, how great a xer
ment was made in the city, upon occafion
of the long difpute about the eledion of
Iheriffs : And this foon produced a greater
freedom and liberty of fpeechone with ano-
ther, than perhaps had been ufed formerly,
though not without fome previous prepa-
rations and difpofitions made to the fame
riling. Upon this occafion among others,
I was accquainted with Captain Walcot,
a perfon that had been fome months in
England, being returned out of Ireland,
and who indeed I had not ftcn for eleven
vears before. But he came to me as foon
as he came out of Ireland, and when theie
unhappy divifions came, he made very fre-
quent appUcations to me; and though he
was unknown himfelf, yet being brought by
me he foon gained a confidence with my
Lord Shaftsbury, and from him derived
it to others, when this unhappy rent and
divifion of mind was, he having before got
liimfelf acquainted with many perfons of
the city,, had entered into fuch counfels
with them,^ as afterwards had the cffeifl,

which in the enfuing narrative I fliall relate
to your Lordfhip. He came to me and
told me that they were now fenfible all they
had was going, that this force put upon
them —

L. C. J. Pray, my Lord, raife your
voice, elfe your evidence will pals for no-
thing.

One of the Jury. "We cannot hear, my
Lord.

L<. Hotvard. There is an unhappy acci-
dent happened that hath funk my voice, I
was but juft now acquainted with the fate

of my Lord of Eflex My Lord, I fay,

He came to me, and did acquaint me, that
the people were now fo fenfible, that all
their intereft was going, by that violence
offered to the city in their eleftions, that
they were refolved to take fome courfe to
put a flop to ir, if it were pofTible ; he told
me there were feveral counl'els and meet-
ings of perfons about ir, and feveral perfons
had begun to put thcmfclves into a difpo-
fition, and preparation to adl •, that fome
had furniflied themfclves with very good
hories, and kept them in the moft fecret
and blind (tables they could ; that divers
had intended it, and for his own part, he
was refolved to embarlv himfclf in it. And
having an eftate in Ireland, he thought to^
dii'patch his fon thither ; (for he had a
good real cflate, and a great flock, how
he difpofed of his real eflate I know not ;)
But he ordered his fon to turn his ftock in-
to money to furnifh him for the occafion :
This I take to be about AugufV. His fon
was fent away. Soon after this, the fon
not being yet returned, and I having feve-
ral accounts from him, wherein I found the
fermentation grew higher and higher, and
every day a nearer approach to adion : I
told him I had a neceliity to go into Effex
to atteixl the concerns of my own ellate, but
told him, how he might by another name
convey letters to me, and gave him a little
cant, by which he might blind and dif-

A COLLECTION of TRIALS. c;^^

handfome deportment of the Duke of Mon-

guife the matter he wrote about, when I
was in the country. I received two or three
letters from him, that gave me an account
in that difguifed ftile, but fuch as I under-
ftood, that the negotiation which he had
with my correfpondcnts was going on, and
in good condition -, and it wasearneftly de-
fired I would come to town, this was the
middle of September. I notwithftanding
was willing to fee the refult of that great
affair, upon which all men's eyes were fixed,
•which was the determination of the fhri-
valty about that time. So I ordered it to
fall into town, and went to my own houfe
on Saturday night, which was JMichaclmas
day. On Sunday he came to me, and dined
with me, and told me (after a general ac-
count given me of the affairs of the times)
that my Lord Shaftsbury was fecreted and
withdrawn from his own houfe in Alderf-
gate-flreet; and that though he had a fa-
mily fettled, and had abfconded hlmfclf
from them, and divers others of his friends
and confidents ; yet he did defire to fpeak
with me, and for that purpofe fent him to
flievv tne the way to his lodging ; he brought
me to a houle at the lower end of Wood-
ftreet, one Watlon's houfe, and there my
Lord was alone. He told me he could not
but be fenfible, how innocent foever he wds,
both he and all honeft men were unfiife, fo
long as the adminiltration of Jullice was in
fuch hands as would accomodate all things
to the luimour of the court. That in the
fenfe of this he thought it but reafonable to
provii e for his own fafety, by withdraw-
ing hmfelffom his own houfe into that
retirement. That now he had ripened af-
fairs to that head, and had things in that
preparation, that he did not doubt but he
ihould be Mi\ by thole men that would be
in rcadincfs in London, to turn the tide,
and put a (lop to the torrent that vzas ready
to overflow. But he did complain tome,
tjiat his defign, and the defign of the pub-
lic, was very much obftru<fled bythe un-

mouth, and my Lord Ruffel, who had
withdrawn themlelves, not only from his
affiftance, but from their own engagements
and appointments. For'whenhe had got fuch
an armed force as he had in London, and
expefted to have it anfwered by them in
the country, they did recede from it, and
told him they were not in a condition, or
preparation in the country, to be concur-
rent with him at that time. This he looked
upon but as an artificial excufe, and as an
inllanceof their intentions, wholly to defert
him ; but notwithftanding there was fuch
preparation made in London, that if they
were willing to lofe the honour of being
concurrent with him, he was able to do it
himfelf, and did intend fpeedily to put it
into execution. I afked him, what foiccs
he had, he faid he had enough ; fays I,
what are you affured of ? Says he, there
is above ten thoufand brifk boys are ready
to follow me, whenever I hold up my finger :
Says I, how have you methoded this, that
they fliall not be cruflied, for there will ba
a great force to oppofe you ? Yes, he an-
fwered, but they would poffefs tlicmfelves
of the gates ; and thefe ten thoufand mrn
in twenty-four hours, would be multiplied
into five times the number, and be able to
make a fally out, and poffefs themlelves of
White-hall, by beating the guards. I told
him, this was a fair llory, and I had reafon
to think, a man of his figure would not un-
dertake a thing that might prove fo fatal,
unlefs it were laid on a foundation that
might give a prudent man ground to hope
it -would be fucceAful. He faid he was
certain of it, but- confefftd it was a great
difappointntent, that thefe Lords had failed
him; I told him, I was not provided with
an anfwer at that time, that he well knew,
me, and knew, the general frame and bent,
of rny fpirit. But ^ told him, T looked up-
on it as dangerous, and ought to be laid
deep, and to be very well weighed and con-

adcredi

■5s^ A C O L L E C T I

ficiered of; and did not think it a thing
lit to be entered upon, without the concur-
rence of thole Lords ; and therefore dcfired,
before ! difcovertd my own inclination, to
difcourfc with thofe Lords. He did con-
;fcnt, with much ado ; but, fays he, you
will find they will wave it, and give doubt-
ful and deferring anfwers, but you will find
'this a truth. 1 v^-ent to Moor-Park the
vthe nextday, where the Duke cxf Monmouth
was, and told him the great complaint my
Lord Shaftroury had made, that lie failed
.him -, fays he, I think he is mad, I was fo
far from giving him any encouragement,
that I did tell him from the beginning, and
fo did my Lord RufTel, there was nothing
to be done by us in the country at that
time. I did not then own I had feen my
Lord, but fpeak as if this were brought me
by a third perfon, becaufe he had not given
me liberty to tell them where his lodging
was. Says I, my Lord, I fhall be able to
give a better account of this in a day or
two. Shall I convey it to my Lord, that
you are willing to give a meeting ? Yes,
jays he, with all my heart. This was the
fecond, third, or fourth of Oftober ; I
.came to town on Saturday, and was car-
ried to him on Monday : and I fuppofe
this was Tuefday the fecond of Odtober :
On Wednefday 1 think I went to him
again (but it is not very material) and told
him I had been with the Duke of Mon-
mouth, and given him a puncftual account
.of what I had from him ; and the Duke did
abfoluiely dilown any luch thing, and told
me, he never did give him any encourage-
ment to proceed that way, becaufe the
countries weie not in a difpofition for ac-
tion, nor could be put in readinefs at that
time : Says my Lord Shaftsbury, itisfalfe;
they are afraid to own it. And, fays he, I
have reafon to believe, there is fome arti-
ficial bargain between his father and him,
to fave one another : For when I have
.brought him to aftion, I could never get

ON OF TRIALS

him to put on, and therefore I fufpeft him :
And, fays he, feveral honell men in the city
have puzzled me, in asking how the Duke
of Monmouth lived : Says he, they puzzled
me, and I could not anfwer the queftion j
for I know he muft have his living from
the King : and fays he, we have different
pt-ofpeds ; we are for a common-wealtli,
and he hath no other defign but his own
perfonal intereft, and that will not go down
with my people now, (fo he called them)
they are all for a common-wealth : And
then fays he, it is to no purpofe for me to
fee him •, it will but widen the breach, and
I dare not truft him to come hither. Says
I, My Lord, that's a good one indeed,
dare not you truft him, and yet do you fend
me to him on this errand .'' Nay, fays he,
it is becaufe we have had fome mifunder-
flanding of late ; but I believe he is true
enough to the intereft. Says I, it is a great
unhappinefs to take this time to fall out ;
and I think it is fo great a defign, that it
ought to be undertaken with the greatell
ftrcngth and coalition in the kingdom. Says
he, my friends are now gone fo far, that
they cannot pull their foot back again
'without going further ; for, fays he, it
hath been communicated to fo many, that
it is impofiible to keep it from taking air,
and it muft go on. Says he, we are not fo
unprovided as you think for ; there are fo
many men, that you will find as brifk men
as any in England. Befides, we are to have
looo or 1500 horfe, that are to be drawn
by infenfible parties into town, that when
the infurreftion is, fhall be able to fcour
the ftreets, and hinder them from forming
their forces againft us. My Lord, after
great enlargement upon this head, and
heads of the like nature, I told him I would
not leave him thus, and that nothing fhould
fatisfy me, but an interview between him
and the Lords : No, I could not obtain it :
But if I would go and tell them what a for-
wardnefs he was in, and that, if they would

A COLLECTION of TRIALS.

557

do themfelves right, by putting themfelves
upon correfpondent aftion in their refpec-
tive places, and where their interefl lay
■well, otherwife he would go away without
them. So I went again to the Duke of
Monmouth, I fpake to him only (I never
fpake to my Lord Ruflel then, only we
were together, but I had never come to
any clofe conjundtion of counfels in my
life with him at that time.) Says I to the
Duke, this man is mad, and his madnefs
will prove fatal to us all, he hath been in a
fright by being in the tower, and car-
ries thofe fears about him, that cloud his
underftanding : I think hisjudgment hath
deferted him, when hegoes about with thole
ftrangefanguine hopes, that I cannot iee what
fhould fupport him in the ground of them.
Therefore lays I, Pray will you give him a
meeting .'' God-fo, fays the Duke, with all
my heart, and I defire hothing more. Now,
1 told him, I had been with my Lord
Shattsbury, with other enlargen>ents that
I need ntit trouble your Lordfhip with :
Well, fays he, pray go to him, and try if it
be pofilble to get a meeting : So I went to
him, and told him •, fays I, this is a great
iinhappinefs, and it leems to be a great ab-
furditv, that you arc fo forward to adl alone
in fuch a thing as this. Pray, fays I,
without any more to do, fince you have
tins conhdcnce to fend for me, let me pre-
vail with you to meet tliem, and give them
an interview, or elfc you and 1 muft break.
] will no longer hold any correfpandence,
unlefs it be fo. Says he, I tell you they
v/ill betray me. In fhort, he did with |
much importunity yield, that he would I
come out the next night in a difguife. By !
this time it was Saturday, I take it to be
the fixth of October, an almanack will]
lettle that : So the next night beinr^ Sun- '•
day, and the fhops fhut, he would come '
out ia a cancealmtnt, be carr'.ed in a I
coach, and brought to his own houfe., which I
he thought then was Jafelt. I came and \
Vol. i. No. 24. i

gave the Duke of Monmouth an account of
it; the Duke, I fuppole, conveyed the
fame underftanding to my Lord Rulfcl ^
and, I fuppofe, both would have been there
accordingly, to have given the meeting;
but next morning I found Colonel Rumfey
had left a note at my houfe, that the meet-
ing could not be that day. Then I went to
the Duke of Monmouth, and he had had
the account before, that my Lord Shaftf-
bury did apprehend himfelf to be in fome
danger in that houfe, and that the appre-
henfion had occafioned him to reniove ;
but we fhould be fure to hear from him in
two or three days. We took it as a waver,
and thought he did from thence intend to
abfcond himfelf from U3, and it proved ib
to me, for from that time 1 never faw him.
But Captain Walcot came to me, and told
me, that he was withdrawn, but it was for
tear his lodging might be difcovered, but
he did not doubt, but in a week he would
let me know where his lodging was. But
told me within fuch a tiriie, which I think
was eight or ten days, there would be a
rifing ; and I told the Duke of Monmouth,
and I believe he told my Lord RuiTel •, and
v.'e believed his frenzy was now grown to
that heighth, that he would rile iiiime-
diately, and put his, defign in execution ; .
fo we endeavoured to prevefit it. Upon
which my Lord RuHd (1 was told)
and the Duke of Monmouth, did force •
their way to my Lord Shaftfbury's, and
did perfuade him to put off the day of his
rendezvous. I had not this from my Lord
RufTel, for I had not ipoke a word to him ;
but the Duke told me, my Lord Ruflel
had been with him (I had indeed an inti-
mation that he had betn with him;) but .
the Duke told me, fays he, I have not
been with him, but my Lord RuGll was, ■
having been conveyed by Colonel Rumfey.
After this day was put off, it fccnts it was
put off with this condition, (hat thola
Lords, and divers ot.hci's, fl.ould be in a
7 C rcivciinefi.

A CO L L E C T I O N

readinefs to raik dv" country abciit that day
fortnighr, or thereabouts -, for there was
not above a foVtoight's time given : And
•fays the Duke of Monmouth, we have put
it off, but now we mud be in adlion, for
there's no holding it off any longer. And,
fays hf, I have been at Wapping all night,
cind I never faw a company of bolder,, and
briilcer fellows in my life: And, fays he,
I have been round the Tov/er, and feen the
avenues of it ; and I do not think it will be
.hard, in a little time, to poflefs ourfelves
of it : But, fns he, they are in the wrong
way, yet we are engaged to be ready for
-them in a fortnighr, and therefore, fays he,
now we muft apply ourfelves to it as well as
we can. And thereupon I believe they did
Ai:r,d into the country ; and the Duke of
Monmouth told me, he fpake to Mr.
Trenchard, who was to take partiJCular care
of Somerfetfhire, with this circumflance :
Says he, I thought Mr. Trenchard had
;been a brifker fellow ; for when 1 told him
of it, he looked fo pale, I thought he would
have fwooned, when I brought him to the
brink of aclion ; and faid, 1 pray go and do
what you can among your acquaintance:
And truly, I thought it would have conic
then to aftion. But I went the next day
to h'm, and he faid it was impoffible ; they
could not get the gentlemen of the country
to ftir yet.

L. RuJJ'el. My Lord, I think I have very
hard mealure, here 15 a great deal of evi-
,dence by hear-fay.

L. C y. This is nothing againft you, ]
declare it to the jury.

Att. Gen. If it pleafe you, my Lord, go
on in the method of time. This is nothing
againft you, but it's coming to you, if
your Lordlhip will have patience, 1 affure
you.

L. Howard. This is juft in the order it
was done. When this was put off, then
they were in a great hurry ; and Captain
•Walcot had been feveral times with me.

OF TRIALS.

and difcourfed of ir. But upon this difap-
pointment tiicy faid, it fnould be the dif-
honour of the Lords, that they were back-
ward to perforr.i their parts ; but ftill they
were refolved to go on. And this had car-
ried it to the latter end of October. About
the 17th or 1 8th, Captain Walcot came to
me, and told me, now they were refolved
pofitively to rife, and did believe that a
Imari party might perhaps meet with fome
great men. Thereupon I told the Duke
of it ; I met him in the ftreet, and went
out of my own coach into his, and told
him, that there was fome dark intimation,
as if there might be fome attempt upon the
King's perfon -, with that he ftruck his
breatl with a great emotion of fpirit, and
faid, God-fo, Kill the KING : I will never
fuffer that. Then he went to the Play-
houfe to find Sir Tho. Armftrong, and fend
him up and down the city to put it off', as
they did formerly ; and it was done with
that fuccefs, that we were all quieted in our
minds

done. But upon the day
from Newmarket, we dined together ; the
Duke of Monmouth was one, and there we
had a notion conveyed among us, that
fome bold adion fliould be done that day ;
which comparing it with the King'scoming,
we concluded it was defigned upon the
King. And I remember my Lord Grey,
fays he, by God, if they do attempt any
fuch thing, it can't fail. We were in great
anxiety of mind, till we heard the King's
coach was come in, and Sir Thomas Arm.
ftrong not being there, we apprehended he
was to be one of the party (tor he was not
there.) This failing, it was then next de-
termined (which was the laft alarum and
news I had of it) to be done upon the 17th
of November, the Annivcrfary of Queen
Elizabeth ; and I remember it by this
remark I made myfelf, that I fear'd it had
been difcovered, becaufe I faw a procla-
mation a little before, forbidding public

bonfires

that at that time nothing would be
the King came

A C O L L E C 1' I O N of TRIALS.

bonfires without leave cf my Lord iMayor.
Ic made Ibme impreffions upon me, that 1
diought tiiey had got an intimation of our
intention, and had therefore forbid that
meeting. This therefore of tlie 17th of
November being aifo difappointed, and my
Lord Shaftfbury, being told things were
not ripe in the country, took fliippiRg and
got away ; and from that time I heard no
more of him till I heard he was dead.
Now, Sir, after this we all began to lie
under the fiimefenfe and apprehenfions that
my Lord Shafrsbury did, that we had gone
fo far, and communicated it to fo many,
diat it was unfafe to make a retreat ; and
this being confidered, it was alfo con-
fidered tiiat lb great an affair as that
was, confiding of fuch infinite particu-
lars, to be managed with fo much finc-
nefs, and to have fo many parts, it would
be neccflary, that there fhould be fome ge-
neral council, that fliould take upon them
the care of the whole. Upon rhefe thoughts
we refolved to ereft a little cabal among
ourfelvcs, which did confift of fix perfons;
and the perfons were, The Duke of Mon-
mouth, my Lord of Eflex, my Lord
RufTel, Mr. Hambden, jun. Algernoone
Sidney, and myfelf.

Att. Gen. About what time was this,
when you fettled this council .?

L. Ho-xard. It would have been proper
for me in the next place to tell you that,
and I was coming to it. This was about
the middle of January lafl: (as near as I can
remember;) for about that time we did
meet at Mr. Hambden's houfe.

Att. Gen. Name thofe that met.

L. Howard. All the perfous I named be-
fore-, that was, the Duke of Monmouth,
my Lord EfTex, my Lord Ruflel, Col.
Sidney, Mr. Hambden, jun. and myfelf.
When we met there, it was prefently agreed
what their proper province was, which was
to have a care of the whole : And therefore
it was neceffary fome general things fliould
■fall under our care and condudl, which

559

i could not pofTibly be conduced by indi-
' vidual perfons. I'he things that did prin-
cipally challenge this care, we thought were
thcfe i whether the infurreftion was moll
proper to be begun in London, or in the
country, or both at one inftant. Tliis
ftood upon icveral difi^ercnt reafons : It v/as
faid in the country; and I remember t!ie
Duke of Monmouth infifted upon it, tiiat
it was impoffible to oppofe a formed, well-
methodized, and governed force, with a
rabble hafiily got together ; and therefore
whatever numbers could be gathered in tl.e
city, would be fuppreffed quickly before
they could form themfelves : Therefore it
would be better to begin it at fuch a dillance
j from, the town, where they might have an
I opportunity of forming themfelves, and
would not be fubjefl to the like panic fear,
j as in the town, where half an hour would
I convey the news to thofe forces, that in
another half hour would be ready to fupprefs
them.

Att. Gen. Was this determined among
you all ?

L. Howard. In this manner that I tell
you, why it was necefl^ary to be done ac
fome reafonable diffance from the town.
And from thence it was likewil'e confidered,
that the being fo remote from the town, it
would put the King upon this dilemma,
that either the King would fend his forces
to fubdue them, or not ; if he did, he mufc
leave the city naked, who being proximi
difpofnioni to adtion, it would give them
occafion to rife, and come upon the back
of the King's forces ; if he did not lend, it
would give them time to form their num-
ber, and be better ordered.

Att. Gen. My Lord, we do not defire all
your difcourfe and debates ; what was your
other general thing ?

L. Howard. The other was, what coun-
tries and towns were the fitteft and molt
difpofed to aftion : And the third, what
arms wtre neceflary to be got, and how to

560 A C O L L E C T I O

be difpofed : And a fourth (which fhould
have been indeed firft in confideration) pro-
pounded by the Duke of Monmouth, That
it would be abfokitely necefTary to have fome
common bank of 25 or 30,000). to anfwer
the occafionsof fuch an undertaking. No-
thing was done, but thefe things were of-
fered then to our confiJeratior, and we
were to bring our united advice concerning
them. But the lafb and greateR was, how
we might io order it, as to draw Scotland
into a conlent with us, for we thought it
neceflary that all the diverfion (hould be
given. This was the laft.

^tt. Gen. Had you any other meetings ?

L. Hott'ord. We had about ten days after
this at my Lord RufTcl's.

Alt. Gen. The fame perfons ?

L. Howard. Every one of the fame per-
fons then meeting.

Alt. Gen. What debate had you there ?

L. Howard. Then it was fo far, as we
camt; to a refolution, that fome perfons
fhould be fent to my Lord Argyle, to fettle
an underflanding with him, and that fome
mefllngers (hould be difpatched into Scot-
lind, that fhould invite fome perfons hither,
that were judged moft able to iinderftand
the eflate of Scotland, and give an account
of it : The perfons agreed on were. Sir
John Cockram, my Lord Melviie, and
another, whofe name I have fmce been told
upon my defcription, Sir—- Cambel. For
this purpofe we did order a perfon fhould
be thought on that was fit

Alt. Gen. Do you know who was fent,
and what was done upon this refolution ?

L. Howard. I have heard (I never faw
him in fix months before) that Aaron Smith
was fent.

Alt. Gen. Who was intruilcd to take care
of that bufincfs .?

L. Howard. Colonel Sidney. We, in
difcourfe, did agree to refer it to Colonel
Sidney to have the care of fenJing a
period.

N OF TRIALS.

Alt. Gen. Who acquainted you Aaron
Smith was fent .''

L. Howard. Colonel Sidney told me he
had fent him, and given him fixty guineas
for his journey

Alt. Gen
you '

What more meetings had

L. Howard. We did then confider that
thefe meetings might have occafioned fome
obfervation upon us, and agreed not to
meet again till the return of that meflenger.
He was gone, I believe, near a month
before we heard any thing of him, which
we wondered at, and feared fome mifcar-
riage, but if his letter had mifcarried, it
couid have done no great hurt, for it carried
only a kind of cant in it ; it was under the
difguife of a plantation in Carolina.

Att. Gen. You are fure my Lord Ruflel
was tliere ^

L. Howard. Yes, Sir, I wilh I could fay
he was not.

Alt. Gen. Did he fit there as a cypher^
what did my Lord fay ?

L. Howard. Every one knows my Lord
Ruflel is a perfon of great judgment, and
not very laviOi in difcourfe.

Serj. Jefferies. But he did confent .'

L. Howard. We did not put it to the
vote, but it v/ent without contradi6fion,
and I took it that all there gave their
confent.

Sol. Gen. The raifing of money you fpeak
of, was that put into any way ?

L. Howard. No, but every man was to
put themfelves upon thinking of fuch a
way, that money .might be collefted with-
out adminiftring jealoufy.

Att. Gen. Were there no perfons to un-
dertake for a fund ?

L. Howard. No, I think nor. However,
it was but opinion, the thing that was faid,
was jocofely, rather than any thing elfe,
that my Lord of Eflex had dealing in.
money, and therefore he was thought the
moft proper perfon to take the care of thofe

things J,

general.

L. C. J. But I will tell you what it is he
teftifies, that comes neareft your Lordfhip,
that fo you may confider it, if you will ask
any queftions. He fays, after my Lord
Shaftsbury went off (all before is but in-
ducement as to any thing that concerns
your Lordfliip, and does not particularly
touch you) after his going away, he fays
the party concerned with my Lord Shaftf-
bury did think fit to make choice of fix
perfons to carry on the defign of an infur-
reftion or rifing, as he calls ir, in the king-
dom. And that to that purpofe choice was
made of the Duke of Monmouth, my Lord

Vol. L No. 24.

A cot- LECTIO

things ; but this was faid rather by way of
mirth, than otherwife.

Ju. Gen. What do you know elfe, my
Lord ?

L. Howard. I was going to tell you, I
am now at a full flop. For it was fix
weeks or more, before Smith's return, and
then drew on the time, that it was neceflary
for me to go into Eflcx, where I had a
fmall concern -, there I ftaid about three
weeks-, when I came back, I was informed
that he was returned, and Sir John Cock-
ram was alfo come to town.

L. C. J. Did you meet after this ?

L. Hois^ard. No, my Lord. I tell you,
that I Avas forced to go three weeks upon
the account of my eftate, and afterwards I
was neceffitated to go to the Bath, where I
fpent five weeks, and the time of coming
from the Bath to this time, is five weeks
more •, fo that all this time hath been a
perfe<5l parenthefis to me, and more than
this, I know not.

L. C. J. My Lord Rufi*el, now, if your
Lordfhip pleafes, is the time for you to ask
him any queftions.

L. Ru£el. The moft he hath faid of me,
my Lord, is only hear-fay, the two times
we met, it was upon no formed defign,
only to talk of news, and talk of things in

N ov TRIALS. 561

of Efiex, your Lordrtiip, my Lord How-
ard, Colonel Sidnev, and Mr. Hambden.

L. RuJJ'el. Pray, my Lord, not to inter-
rupt you, by what party (I know no party)
were they chofcn ?

L. Hoivard. 'Tis very true, vve were not
chofen by community, but did direcft our-
lelves by mutual agreement, one with ano-
ther into this fociety.

L. Ruffe!. We were people that did meet
very often.

L. C. J. Will your Lordfhip pleafe to
have any other queftions afl<ed of my Lord
Howard ?

L. RtiJeL He fays it was a formed defign,
when we met about no fuch thing.

L. C. y. He fay?, that you did confulc
among yourfelves, about the raifing of men,
and where the rifing fliould firft be, whe-
ther in the city of London, or in more fo-
reign parts, that you had feveral debates
concerning it ; he does make mention of
fome of the Duke of Monmouth's argu-
ments foT its being formed in places
from the city ; he fays, you did all agree
not to do any thing further in it, till you
had confidered how to raile money and
arms : And to engage the kingdom of Scot-
land in this bufinefs with you •, that it was
agreed among you, that a mellenger fhould
be fent into the kingdom of Scotland.
Thus far he goes upon his own knowledge,
as he faith, what he fays after, offending
a mefTenger, is by report only.

Jit. Gen. I beg your pardon, my Lord.

L. C. J. 'Tis fo, that what he heard con-
cerning the fending of Aaron Smith.

An. Gen. Will you ask him any quef-
tions ?

L. Rtijfel. We met, but there was no
debate of any fuch thing, nor putting any
thing in method. But my Lord Howard is
a man hath a voluble tongue, talks very
well, and is full of difcourfe, and we were
delighted to hear him.

Alt. Gin.
7D

:( '

5'2

A C: O L L E C T I O N

TRIALS.

////. Gc'«. I think your Lordfliip did
mt-niion the Cambclls ?

L,. Hcxvafd. I did ftammer it out, but
not without a psrtnthtfis, it was a peribn
of the aliiancc, and I thought of the name
of the Argvlr'.

L. Rujii. I c'eflie your Lordfhip to take
notice, that none of thefe men I ever fav/ ;
my Lord Mclv.le I have feen, but not
upon this account.

Mr. Atterbury fworn.

^///. Gen. Aaron Smith did go, and
Cambell he went for, is here taken. This
is the meflenger. Pray what do you l<.nov/
of the apprciiending of the Cambells ''

Mr. .itterbury. If it pleafe your Lord-
fliip, I did not apprehend Sir Hugh Cam-
bell myitif, bur he is now m my cuftody ;
he was making his efcape out of a Wood
monger's houfe, both he and his fon.

Act. Gen. How lona; did he own he had
been at London ?

Atterbury. Four days, and that in that
time he had been at their lodgings ; and
that he and his fon, and one Baiiy, came to
town together.

Att. Gen. My Lord, we fliall befides
this, (now we have fixed this upon my
Lord) give you an account, that thefe per-
fons, th^t were to rife, always took them
as their pay-mafters, and expefted their af-
liftance. Mr. Weft, Mr. Keeling, and
Mr

Leigh.

Mr. Weft fworn.

Att. Gctj. That which I call you to, is
to know wiicther or no, in your managery
of tliis plot, you underflood any of the
Lords were concerned, and which ?

IVeJl. My Lord, as to my Lord Ruflcl,
I never had any converfation with him at
all, but that I have heard in this. That in
the infurredion in November, Mr. Fer-

i gufon, and Colonel Rumfey, did tell mc
I that my Lord Ruffcl intended to go down
I and take his poft in the welt, when Mr.
Trcnchard had failed them.
L. C. J. What is this .?
Att. Gen. We have proved my Lord
privy to the confults, now we go about to
prove the under-a<5tors did know it.

IVeft. They always faid my Lord RufTel
was the man they moft depended upon, be-
caufe he was a perfon looked upon as of
great fobriety.

L Rttjfel. Can I hinder people from ma-
king life of my name ? To have this
brought to influence the gentlemen of the
jury, and inflame them againft me, is
hard.

L. C. J. As to this, the giving evidence
by hear-fay, will not be evidence ; what
Colonel Rumfey or Mr. Fergulbn told Mr.
Weft, is no evidence.

Att. Gen. 'Tis not evidence to convi<fl a
man, if there were not plain evidence
before, but it plainly confirms what the
other fwears. But I think we need no
more.

Serj. Jefferies. We have evidence without
it, and will not ufe any thing of garniture;
we will leave it as 'tis, we won't trouble
your Lordfliip any further. I think, Mr.
Attorney, we have done with our evi-
dence.

L. C. J. My Lord Ruflel, tlie King's
counfel do think to reft upon this evidence
that they have given againft your Lordfhip.
I would put your Lordfhip in mind of
thole things that are material in this cafe,
and proved again ft your Lordfliip -, here is
Colonel Rumfey does prove againft youc
Lordfhip this, that he was fcnt upon an er-
rand, which in truth, was traiterous, ic
was a traiterous errand lent from my Lord
Shaftsbury by him to that meeting. He
does fwear your Lordfhip was at that meet-
ing, and he delivered ids errand to them,
which was to know what account could be

given

A COLLECTIO

given concerning the defign of the infur-
redlion at Taunton, and he fays, your
Lordlhip being there, this return was made,
that Mr. Trenchard had failed them in his
undertaking in the bufinef«, and therefore
my Lord Shaftfljuiy mull be contented,
and fit down fatisfied as to that time. Mr.
Sheppard does likewife fpeak of the fame
time, that your Lordfhip was there with the
rell of the perfons, tiie Duke and others-,
that there was a difcourfe concerning an in-
furreftion to have been made, (though he
is not fo particular as to the very notion of
it, as Colonel Rumfey is) as to the time
they do agree.

L. Ruffel. Col. Rumfey is not pofitive
that I faid or heard any thing.

L. C. J. My Lord, if you will have a
little patience to hear me, I will tell you
■what it is preffes you -, there is this which
I have mentioned, and Mr. Sheppard does
fay,- there was a paper purporting a decla-
ration then read among the company there,
which was to be printed upon the rifing,
fetting forth the opprefiions and grievances
of the nation : And then my Lord Howard
(after a great difcourfe concerning the many
defigns of my Lord Shaftsbury) comes par-
ticularly to your Lordfhip and fays, that
fix of you, as a chofen council among
yourielves,, (not that you were aftually
chofen) but as a chofen council among
yourfelves, did undertake to manage the
great matter of the infurredlion, and raifing
of men in order to furprize the King's
guards, and for to raife (which is a rebellion
in the nation.) He fays, that you had
feveral confults concerning it. 1 told you
the feveral particulars of thofe confults he
mentioned : Now it is fit for your Lord-
(liip, and 'tis your time to give fome anfwer
to thefe things.

L. Rujfel. My Lord, I cannot but think
myfelf mighty unfortunate to Hand here
charged with fo high and heinous a crime,
and that intricatcd and intermixed with the

N OF trials:

treafons and horrid prafticcs and fpeeches
of- other people, the King's counfel taking'
all advantages, and improving and height-
ening things againll me. I am no lawyer,
a very unready fpeaker, and altogether a
ftranger to things of this nature, and alone,
and without counfel. Truly my Lord, I
am very fenfib!e,I am not fo provided to
make myjuft defence as otherwife I fhould
do. But my Lord, you are equal, and the
gentlemanof the jury, I think, are men of
confcicnces, they are ftrangers to me, and
I hope they value innocent blood, and will
confider the witneffes that fwearagainft me,
fwear to fave their own lives ; for how-
foever legal witneffes they may be accounted
they can't be creditable. And for Col.
Rumfey, who 'tis notorioudy known hath
been fo highly obliged by the King and the
Duke, for him to be capable of fuch a
defign of murdering the King ! 1 think no
body will wonder, if to fave his own life,
he will endeavour to take away mine;
neither does he fwear enough to do it.
And therv if he did, the time by the 13th
of this King is elapfed, it mull be, as I
underftand by the law, profecuted within
fix months, and by the 25 E. 3. a defign of
levying war is no treafon unlefs by fome
overt-aft it appear. And, my Lord, I
defire to know what llatute 1 am to be tried
upon, for generals, I tliink, are not to be
gone upon in thefe cafes.

L. C. J. (To the Attorney-General.)
Mr. Attorney, you hear what it is my Lord
objefts to this evidence, he fays, that as to
thofe witnefl"es that teltify any thing con-
cerning him, above fix months before he
was profecuted, he conceives the adl of
Parliament, upon which he takes himfelf
to be indicted, does not extend to it, for
that fays that within fix months there ought
to have been a profecution -, and my Lord
tells you, that he is advited, that a defign
oi levying war, without aclual levying of
war, was no treafon before that llatute.

yi!t. Gen,

564 A C O L L E C T I

Att. Gen. To iatisfy my Lord, he is not
indided upon that fcatute, we go upon the
Q.^ E. 3. Bu; then for the next objeftion,
furely my Lord is infonried wrong. To
raife a rebellion or a confpiracy within the
kingdom, is it not that which is called
levying of war in that ftatute, but to raife
a number of men to break prifons, &c.
which is not {o direitiy tending againft the
life of the King. To prepare forces to
fight againft the King, that is a dcfign
within that ftatute to kill the King-, and
to defign to depofe the King, to imprifon
the King, to raife the fubjedts againft the
King, thefe have been fettled by feveral re-
folutions to be within that ftatute, and evi-
dences of a defign of killing the King.

L. Rttjfel. My Lord, this is a matter of
law ; neither was there but one meeting at
Mr. Sheppard's houfe.

Att. Gen. My Lord, if you admit the
faft, and will reft upon the point of law, I
am ready to argue it with any of your
counfel. I will acquaint your Lordlhip
how the evidence ftands. There is one
evidence fince Chriftmas laft.

L. Rujfel. That's not the bufinefs of
Sheppard's houfe. My Lord, one witnefs
will not convidt a man of treafon.

Att. Gen. If there be one witnefs of one
acl of treafon, and another of a fecond,
another of a third, that manifeft the fame
treafon to depofe or deftroy the King, that
will be fufficitnt.

L. C. J. My Lord, that has been re-
folved, the two witnefles the ftatute requires,
are not to the fame individual aft, but to
the fame Irealon, if they be feveral afts de-
claring the fame treafon, and one witnefs to
each of them, they have been reckoned two
witnefles within the ftatute of Edw. 6.

Serj. Jefferies. If my Lord will call his
witnefs

L. Rujfel. This is tacking of two treafons
together, here is one in November by one
witnefs, and then you bring on another

ON OF TRIALS.

with a difcourfe of my Lord FIowarcK
and he fays the difcourfe pafled for plea-
fure.

L.C.J. If your Lordfliip do doubt
whether the fad proved againft your Lord-
fnip be treafjn or not within the ftiuute of
E. 3. and you are contented that the fail:
be taken as proved againft your Lordfliip,
and fo defire counfel barely upon that, that
is matter of law. You fliall have it
granted.

L. Rujfel. I am not knowing in the law.
I think 'tis not proved, and if it was, I
think it's not puniOiable by that ad. I
dcfire counfel may be admitted upon fo
nice a point. My life lies at ftake; here's
but one witnefs that fpeaks of a mefl"age.

Serj. Jefferies. The faft muft be left to
the jury, therefore if my Lord RuflTel hath
any witneflTes to call, in oppofition to thefe
matters, let him,

L. C. J. My Lord, there can be no
matter of law but upon a fadt admitted and
ftated.

L. Ruffel. My Lord, I do not think it
proved, I hope you will be of counfel for
me ; its very hard for me that my counfel
may not fpeak for me in a point of law.

L. C. J. My Lord, to hear your counfel
concerning this fadt, that we cannot do, it
was never done, nor will be done. If your
Lordfliip doubts whether this fadf is treafon
or nor, and defire your counlcl may be
heard to that, I will do it.

L. Ruffel. I doubt in law, and do not
fee the fadl is proved upon me.

Sol. Gen. Will your Lordftiip pleafe to
call any witnefs to the matter of fadl .?

L. Ruffel. 'Tis very hard a man muft
lofe his life upon hear-fay. Colonel Rum-
fey fays he brought a melfage, v^hich 1 will
fwear I never heard nor knew of. He does
not fay he fpake to me, or I gave him any
anfwer. Mr. Sheppard remembers no fuch
thing, he was gone to and again, licre is
but one witnefs, and feven months ago.

Att. Gen.

A COLLECTION op TRIALS.

Att. Gen. My Lord, if there be any
thing that is law, you fhall have it.

L. Ruffel. My Lord, Colonel R.umley,
they other day before the King, could not
i'ay that I heard it, I was in the room, but
I came in late, they iiad been there a good
while , I did not flay above a quarter of an
hour talting (herry with Mr. Sheppard.

L. C. y. Read the ftatute of 25 E. 3. c. 2.
My brothers defire to have it read.

Cl. of Cr. " Whereas divers opinions have
been before this time, in what cafe trealbn
fhall be laid, and in what not : The King
at the requeft of the Lords and of the
Commons, hath made a declaration in the
manner as hereafter foUoweth. That is to
fay, when a man doth compafs or imagine
the death of our Lord the King, or of our
Lady his Queen, or of their eldeft Ion and
heir •, or if a man do violate the King's
companion, or the King's eldeft daughter
unmarried, or the wife of the King's eldeft
fon and heir ; or if a man do levy war
againft our Lord the King, in his realm,
or be adherent to the King's enemies in his
realm, giving to them aid and comfort in
the realm or elfewhere, and therefore be
proveable attainted of open deed by people
of their condition. And if a man counter-
feit the King's great or privy feal, or his
money : And if a man bring falfe money
into this realm, counterfeit to the money
of England, as the money called Lufh-
burgh, or other like to the faid money of
England, knowing the money to be falfe,
to merchandife or make payment in deceit
of our faid Lord the King, and of his
people : And if a man plea the Chancellor,
Treafurer, or the King's Juftices of the one
Bench or the other, Juftices in Eyre, or
Juftices of Afllfe, and all other Juftices de-
ligned to hear and determine, being in
their places during their offices. And it
is to be underftood that in the cafes above
rchearfcd, tliat ought to be ji-idged tiealbn,
■ Vol. I. No. 24.,

565-

which extends to our Lord the King, and
his Royal Majefty."

L. C. y. My Lord, that which is urged
againft you by the King's counfel, is tins.
You are accufed by the indidment of com-
paffing and defigning the King's death,,
and of endeavouring to raife an infurre(5lioa
in order to it ; that, that they do fay, ij,-
that thefe councils that your Lordfliip hath
taken, are evidences of your compalTmg:
the King's death, and are overt-a£ls, decla-
ring the fame ; and upon that it is they
infift your Lordlliip to be guilty within
that ftatute.

L. Rujfel. It is in a pointof law, and I'
defire counfel.

Att. Gen. Admit your confultations, and
we will hear them.

L. C. y. I would fet your Lordfhip'
right, for probably you may not apprehend
the law in this cafe ; If your counfel be
heard, they muft be heard to this, That
taking it, that my Lord RufTel has con-
fulted in this manner, for the raifing of
forces within this kingdom, and making
an infurredlion within this kingdom, as
Colonel Rumfey and my Lord Howard"
have depofed, whether then this be treafon,
we can hear your counfel to nothing elfe.

L. Rujel. I do not know how to anfwer
to it. The point methinks muft be quite
otherwife, that there fhould be two wit-
nefies to one thing at the fame time.

j^tt. Gen. Your Lordfhip remembers, in
my Lord Stafford's cafe, there was but one
witnefs to one aft in England, and another-
to another in France.

L. Rujfel. It was to the fame point.

Att. Gen. To the general point, the lop--
ping point.

Serj. yefferies. There was not fo mucli'
evidence againft your Lordfhip.

L. C. y. My Lord, if your Lordfhip
will fay any thing, or call any witnclTes to
difprove wl.ac either of ihcfe gentlcmeiv

7 E havs

566 A C O L L E C T I O K

have fald, we will Ivear your Lordfliip what
they fay. But i^' you can't contradidt them
by tcllimony, it will be taken to be a
proof. And the way you have to difprove
them, is to call witnefles, or by afking
queftions, whereby it may appear to be
untrue.

dol. Gen. If you have any witnefles, call
theni, my Lord.

L, Rujfel. I do not think they have
proved it. But then it appears by the fta-
tute, that levying war is treafon, but a
conipiracy to levy war is no treafon, if no-
thing be done, 'tis not levying war within
the Itatute. There mull be manifefl: proof
vt the m.atter of facSt, not by inference.

////. Gen. I fee that is taken out of my
Lord Coke. Levying war is a diftindl
branch of the ftatute, and my Lord Coke
explains himfelf afterwards, and fays, 'tis
an afluming of royal power, to raife for
particular purpofes.

Juft. Witbitts. Unlefs matter of faft be
ngreed, we can never come to argue the
law.

L. RuJ/il. I canie in late.

Sol. Gen. Pray, my Lord, has your
Lorddiip any witnefles to call, as to this
matter of fad .?

L. Ru£el. I can prove I was out of
town when one of the meetings was, but
Mr. Sheppard can't recollefl: the day, for I
•was out of town all that time. I never
was but once at Mr. Sheppard's, and there
was nothing undertaken of viewing the
guards while I was there ; Colonel Rumfey,
can you fwear pofitively, that I heard the
mefl^age, and gave any anfwer to it }

L. C. J. (To Colonel Rumfey.) Sir,
did my Lord Rufltl hear you, when you
delivered the meffage to the company ?
Were they at the table, or v/Iiere were
they ?

Col. Rumfey, When I came in they were
Handing at the fire-fide, but they all came
from the fire-fide to hear what I faid.

OF TRIALS

L. Rujfel. Colonel Rumfey was there
when I came in.

Col. Rumfey. No, my Lord. The Duke
of Monmouth and my Lord Rufliel went
away together, and my Lord Grey and Sir
Thomas Armftrong.

L. RuJJ'el. The Duke of Monmouth and
I came together, and you were Handing at
the chimney when I came in ; you were
there before me. My Lord Howard had
made a long narrative here of what he
knew, I do not know when he made if, or
when he did recoiled any thing ; 'tis but
very lately, that he did declare and proteft
to feveral people, that he knew nothing
againft me, nor of any plot I could in the
leafl be queftioned for.

L. C. y. If you will have any witnefles
called to that, you fliall, my Lord.

L. Riiffel. My Lord Anglefey, and Mr.
Edward Howard.

My Lord Anglefey flood up.

L. C. y. My Lord RufTel, what do you
ask my Lord Anglefey .''

L. Rujfel. To declare what my Lord
Howard told him about me, fince I was
confined.

L. Anglefey. My Lord, I chanced to be
in town the lafl week, and hearing my
Lord of Bedford was in fome diibefs and
trouble, concerning the afflidion of his
fon, I went to give him a vifit, being my
old acquaintance of fome fifty-three years
(landing, I believe, for my Lord and I were
bred together atMaudlin-Colledge in Oxon,
I had not been there but a very little while,
and was ready to go away again, after I
had done the good oiBce I came about, but
my Lord Howard came in, I do not know
whether he be here.

L. Ho'Li'ard. Yes, here I am to ferveyour
Lordfhip.

L. Anglefey. And fate down on the other
fide of my Lord of Bedford, and he began

A COLLECTIO

to comfort my Lord, and the arguments |
he ufed for his comfort, were. My Lord,
you are happy in having a wife fon, and a
worthy perfon, one that can never Hire be
in fuch a plot as this, or fuipeifled for it,
and that may give your Lordlhip rcafon to
expefl: a very good ifTue concerning him, I
know nothing againft him, or any body
eife, of fuch a barbarous defign, and there-
fore your Lordfhip may be comforted in
it. I did not hear this only from my Lord
Howard's month, but at my ov/n home up-
on the Monday after, for I ule to go to
Totteridge for frelh air : I went down on
Saturday, this happened to be on Friday,
(my Lord being here, I am glad, for he
cannot forget this diicourfe,) and when I
came to town on Monday, I underftood
that my Lord Howard upon that very Sun-
day had been at church with my Lady Cha-
worth. My Lady has a chaplain, it feems,
that preaches there, and does the offices of
the church, but my Lady came to me in the

evening. This I have from my Lady

L. C. J. My Lord, what you have from
my Lady is no evidence at all.

L. Avgkfey. I do not know what my
Lord is, I am acquainted with none of the
evidence, nor what hath been done. But
my Lady Chaworlh came to me, and
acquainted me, there was fome fufpi-

cion

Serj. Jefferies. I do not think it fit for
me to interrupt a perfon of your honour,
my Lord, but your Lordfliip knows in
what place we ftand here, what you can
fay of any thing you have heard of my
Lord Howard, we are willing to hear, but
the other is not evidence. As the court
will not let us offer hear- fays, fo neither
mud we that are for the King permit it.

L. AngUfey. I have told you what hap-
pened in my hearing.

Then Mr. Howard flood up.
L. C. J. Come Mr. Howard, what do
you know ? me — —

N o F T R 1 A L S. 567

Mr. Howard. I mufl defire to fay fome-
thingof my felf and my family firli. My
Lord and I have been very intimate, not
only as relations, but as dear friends. My
Lord, I have been of a family known to
have great refpeft and duty for the King,
and I think there is no family in the nation
fo numerous, that hath expreffed greater
loyalty, upon which account I improved
my intereft in my Lord Howard ; I endea-
voured, upon the great mifunderflanding
of the nation, (if he be here he knows it,)
to perfuade him to apply himfclf to the
King, to ferve him in that great difficulty of
fVate, which is known to all the world. I
fometimes found my I^ord very forward,
andfometimes I foftened him, upon which
parly, upon his permifTion, and more upon
my own inclination to duty, I made feveral
applications to miniflers of ftate, (and I
can name them) that my Lord Howard had
a great defire of ferving the King in the befl
way of fatisfadion, and particularly in the
great bufmefs of his brother. 1 wondered
there fhould be fo much fliarpnels for a
matter of opinion, and I told my Lord fo,
and we had feveral difputes about it. My
Lord, I do iay this before 1 come to the
thing. After this I did partly by his per-
mifTion, and partly by my own inclination,
to ferve the King, becaule I thought my
Lord Howard to be a man of parts, and
faw him a man that had interefl in
the nation, tell my Lord Fevcrfham, that
I had prevailed with a relation of mine,
that may be he might think oppofite, that
perhaps might ferve the King in this great
difficulty that is emergent, and particularly
that of his brother. My Lord Feverfliani
did receive it very kindly, and I writ a let-
ter to him to let him know how I had fof-
tened my Lord, and that it v,'as my defire he
fhould fpeak with my Lord at Oxon. My
Lord Feverfham gave me a very kind ac-
count when he came again, but he told

L.C.J.

568 K CO L L E C T 10

L. C. J. Pray apply yourfelf to the mat-
ter you are calk'ii tor.

Honhird. This irmay be is to the mat-
tt;r, when you have heard me-, for 1 think
I know where 1 am, and what I atn to
Uy.

L C. J. We mufl dellre you not to go
on thus.

Hc-oi-ard. I muu fatisfy the world, as well
as I can, as to myfcif, and iny family, and
pray do not interrupt me. After this, my
Lord, there never pafled a day for al-
moft

L. C. J. Pray fpeak to this matter.

Howard. Sir, I am coming to it.

LC.y. Pra), Sir, be dircded by the
court.

Howard. Then now, Sir, I will come to
the thing. Upon this ground I had of my
Lord's kindnel's, I applied myfelf to my
Lord in this prefent iCTue, on the breaking
out of this plot. My Lord, I thought cer-
tainly, as near as I could difcern him, (for
he took it upon his honour, his faith, and
as much as if he had taken an oath be-
fore a magiftrate.) that he knew nothing of
any man concerned in this bufmefs, and
particularly of my Lord RufTel, whom he
vindicated with all the honour in the world.
My Lord, it is true, was afraid of his own
perfon, and as a friend, and a relation, I
concealed him in my houfe, and I did not
think it was for fuch a confpiracy, but I
thought he was unwilling to go the tower
for nothing again. So that if my Lord
Howard has the fame foul on Monday that
he had on Sunday, this cannot be true that
he fwears againil my Lord Ruflel. This
J fay upon my reputation, and honour, and
fomething I could fay more, he added, he
thought my Lord Ruflel did not only un-
iullly fuffer, but he took God and mjen to
witnefs, he thought him the worthieft per-
fon in the world, I am very forry to hear
any man of my name fliould be guilty of
thefe things.

N OF TRIALS.

L. Rujffl. Call Dodor Burnet. Pray,
Docftor Burnet, did you hear any thing
trom my Lord Howard, fince the plot was
difcovered, concerning me ?

Burnet. My Lord Howard was with me
the night after the plot broke out, and he
did then, as he had done before, v/ich hands
and eyes lifted up to heaven, fay he knew
nothing of any plot, nor believed any, and
treated it with great Icorn and contempt.

L. Howard. My Lord, may I fpeak for
myfelf ?

Serj. Jefferies. No, no, my Lord, we
don't call you.

L. C. J. Will you pleafe to have any
other wirneflcs called .-'

L. Riijj'd. There are fome perfons of
quality, that I have been very well ac-
quainted and converfed with, I dcfire ta
know of them, if there was any thing in
my former carriage, to make them think me
like to be guilty of this ? My Lord Ca-
vendifli.

L. CavendiJJi. I had the honour to be
acquainted with my Lord Ruflel a long
time, 1 always thought him a man of great
honour, and too prudent and wary a man
to be concerned in fo vile and defperate ar
defign as this, and from which he would,
receive fo little advantage ; I can fay no-.
thing more, but that two or three days fince.
the difcovery of this plot, upon difcourfe.
about Colonel Rumfey, my Lord RuflTel
did exprefs fomething, as if he had a very,
ill opinion of the man, and therefore it is.
not likely he would intruft him with fuch.
a fecret.

L. Rujfel. Dr. Tillotfon. [He appears.

L. C. J. What queftions would you ask.
him, my Lord ?

L. Rujel. He and I, happened to be.
very converlant. To know whether he did
ever find any thing tending to this in my
difcourfe I

L. C. J. My Lord calls you as to his
life, and converfation and reputation.

lillotfon.

A COLLECTION or TRIALS.

^illotfon. My Lord, I have been many

5^9

years Lift pafl: acquainted
Rullel, I always judgec

with

him
great virtue and integrity, and

my Lord
perfon of
by all

the

converfation and difcourfe I ever had with
him, I always took him to be a perfon very
far from any fuch wicked defign he ftands
charged with.

L,. Rnjfel. Doflor Burnet. If you pleafe
to give fome account of my converfation.

Burnet. My Lord, I have had the ho-
nour to be known to my Lord Ruflel feve-
ral years, and he hath declared himfelf with
much confidence to me, and he always up-
on all occafions exprefied himfelf again ft all
rifings, and when he fpoke of fome people
that would provoke to it, he exprefied him-
felf lb determined againft that matter, I
think no man could do more.

L. C. J. Will your Lordfhip call any
Other witnefles ?

L. Ruffel. Doftor Cox.

Dr. Thomas Cox flood up.

Cox. My Lord, I did not expeft to
have been fpoken to upon this account.
Having been very much wirh my Lord of
late, that is, for a month or fix weeks be-
fore this plot came out, I have had occafion
to fpeak with my Lord in private, about
thefe public matters. But I have always
found that my Lord was againft all kinds
of rifings, and thought it the greatefl folly
and madncfs till things fliould come in a
Parliamentary way. I have had occafion
often to fpeak with my Lord Ruflel in pri-
vate, and having myfelf been againll all
kind of rifings, or any thing that tended to
the diforder of the public, I have heard him
profefs folemnly, he thought it would ruin
the bed caufc in the world to take any of
thefe irregular ways for the preferving of it,
and particularly my Lord hath exprefied
himfelf occafionally of thtfe two perfons,
my Lord Howard and Colonel Rumfey.
Vol. I. No. 24.

One of them, Colonel Rum.fey, I faw once
at my Lord's houle, and he offered to fpeak
a little privately. But my Lord told iv.c
he knew him but a little, I told him he was
a valiant man, and a(5ted his part valiantly
in Portugal. He faid he knew him little,
and that he had nothing to do with him bur
in my Lord Shaftshury's bufinefs. Lie
faid, for my Lord Howard, he was a man
of excellent parts, of luxuriant parts, but
he had the luck not to be trufted by any
party. And I never heard him fay one
word of indecency or immodefly towards
the King.

L. RnJ/'eL I would pray the Duke of
Somerfet, to fpeak what he knows of me.

D. of Scm. I have known my Lord Ruf-
fel for about two years, and have had much
converfation with him, and been often in
his company, and never heard any thing
from him, but what was very honourable,
loyal andjult.

L. C. y. My Lord does fay, that he has
known my Lord Rufiel for about two years,
and hath had much converfation with him,
and been much in his company, and never
heard any thing from him, but what was
honourable, and loyal, and jufl, in his life.

Foreman of the Jury. The gentlemen of
the jury defire to afk my Lord Howard
iomething upon the point my Lord An»le-
fey teftified, and to know what anfvver he*
makes to my Lord Angtefey. " '

L. C. Bar. My Lord, what fay you to it,
that you told his father he was a difcreet
man, and he needed not to fear his engage-
ment in any fuch thing ?

L. Hod^ird, My Lord, if I took it right,
my Lord 'Angiefey's teftimony did branch
itfelf into two parts, one of Iiis ov/n know-
ledge, and the other by hear-fay ; as to
what he faid of his own knowledge, when
I waited upon my Lord of Bedford, and
endeavoured to comfort him concerning his
fon, I believe I faid the words my Lord
Anglefey has given an account of, as near

7 F as

S'l'^

A COLLECTION of TRIALS.

as I cnn remember, that I looked upon his
Lordfhip, as a man of that hr.nour, that 1
hoped he might be fecurs, that he had flot
entangled hHT-fclf \n any thing of th^c
nature. My Lord, I can hardly be pro--
• vokcd to -make my own defence, left this
noble Lor<l fiiould fuffer, fo willing I am
Id ferve mv Lord, \\ho knows Lcan't want
afTeclicn for him. My Lord, I do confefs
Ld'.d fay it; for your Lordfhip well knows
under what circiimftances we were, I was
at that time to outface the thing, both for
myfclf, and my party, and I did not intend
to come into this place, and a£l this part.
God knows how it is brought upon me,
and with what unwiilingnefs I do fuftain it,
b t my duty to God, the King, and my
country, requires it, but I mud confefs, I
am very forry to carry it on ilius fa^ My
Lord, I do confefs I did fay fo,'and if 1
had been to vifit my Lord i'emberton, I
fhould have faid fo. There is none of thofe
that know my Lord Ruflel, but would
fpeak of my Lord Ruffe', from thofe to-
pics of honour, modefly, and integrity, his
whole life deferves it. And I mull: confefs,
I did frequently fay, there was nothing of
truth in this, and I wi(h this may be for
my Lord's advantage. My Lord, will you
j'pare me one thing more, becaufe that leans
hard upon my reputation, and if the jury
believe that 1 ought not to be believed, for
I do think the religion of an oath is not
tied to a place, but receives its obligation
from the appeal we therein make to God,
and, 1 think, if I called God and angels to
witnefs to a falfehood, I ought not to be
believed now. But I will tell you as to
that, your Lordfhip know?, that very man
that was committed, was committed for a
defign of murdering the King •, now I did
lay hold on that part, for I was to carry my
knife clofe between the paring and the
apple, and I did fay, that if I were an
enemy to my Lord Ruffe!, and to the
Duke of Monmouth, and were called to be

a witnefs, I muft have declared in the pre-
fence of God and man, that I did not
b-e!ieve either of them had any deiign to
murder the King. I have faid this, be-
caufe I would not walk under the charaftcr
of a perfon, that would be perjured at the
expence of fo noble a perfon's life, and my
own- foul.

L. Rnjjd. My Lord Clifford.
L. C. J. What do you pleafe to afk my
Lord Clifford ?

L. Rujfel. He hath known my conver-
fation for many years.

L. Clifoid. I always took my Lord to be
a very worthy honeft man, Lnever faw any
thing in his converfation to make me be-
lieve otherwife.

L. RuJJ. Mr. Gore.
Mr. Luton Gore. I have been acquainted
with my Lord feveral years, and converfed
much with him ; in all the difcourfe J had
with him, I never heard him let any thing
fall that tended in the leaft to any rifing, or
any thing like it : Ltook him to be one of
the beff Ions, one of the befl fathers, and
one of the befl maflers, one of the befb
hufbands, one of the befl friends, and one
of the befl Chriftians we had. I know of
no difcourfe concerning this matter.

L. Riiffel. Mr. Spencer, and Dr. Fitz-
Williams.

Mr. Spencer. My Lord, I have known
my Lord RulTel many years, I have been
many months with him in his houfe ; I
never faw any thing by him, but that he
was a mofl virtuous and prudent gentle-
man, and he had prayers conllantly twice
a day in his houfe.

L. C. y. What, as to the general con-
verfation of his life, my Lord afl<s you,
whether it hath been fober ?

Mr. Spencer. I never faw any thing but
very good, very prudent, and very vir-
tuous.

L. Rujfel. What company did you fee
ufed to come to me .''

Mr. Speneer.

A C O L L E C T I O

Mr. Spencer. I never faw any but his near
relations, or his own family. I have the
honour to be related to the family.
Then Dr. Fitz AViliiams tlood up.

L. Ru£d. If it plcale you, Dodtor, you
have been at my houfc fevcral times, give
an account of what you know of me.

Dr. Fitz~M'''illiums. I have had the know-
ledge of my J-ord thefe fourteen years,
from the time he was married to his prefent
Lady, to whofe father, eminent for loyalty,
I had a relation by iervice ; I have had ac-
quaintance with hiri! both at Stratton and
Southampton Buildings, and by all the
convcrfation I had with him, 1 efteemed
him a man of that virtue, that he could
not be gui;ty of fuch a crime as the con-
fpiracy he ftands charged with.

LC. J. My Lord, does your Lordfliip
call any more witncfles ?

L. kujfet. No, my Lord, I will be very
fhort. 1 ftiall declare to your Lordfliip
that I am one that have always had a heart
fincerely loyal and aflrulionate to the King
and the government, the beft government
in the world. 1 pray as fincerely for the
King's happy and long life as any man
alive ; and for me to go about to raife a
rebellion, which I looked upon as fo wicked
and unpraflicable, is unlikely. Befides,
if I had been inclined to it, by all the ob-
fervation I made in the country, there was
no tendency to it. What fome hot-headed
people have done there, is another thing.
A rebellion can't be made now as it has
been in former times ; we have few great
men. I was always for the government, I
never defired any thing to be redrefled but
ia a Parliamentary and legal way. I have
been always againft innovations, and all ir-
regularities whatfoever, and fiiall be as long
as I live, whether it be fooner or later.
Gentlemen, I am now in your hands eter-
nally, my honour, my life, and all ; and
I hope the heats and animofities that are
amongit you will not fo byals you, as to

N o F T R I A L S. 571

make you in the leaft inclined to find an
innocent man gu.lty. I call to witnefs
heaven and earth, I never had a defign
againft the King's life in my life, nor never
Ihall have. I think there is nothing proved
againft me at all. I am in your hands,
God diredl you.

Sol. Gen. My Lord, and you Gentlemen
of the Jury, the prifoner at the bar ftands
indided for High-Treafon, in confpiring
the death of the King. The overt-ad that
is laid to prove that confpiracy and ima-
gination by, is the afiembling in council
to raife arms againft the King, and raife a
rebellion here. We have proved that to
you by three witncfles. I fliall endeavour
as clearly as I can to ftate the fubftance of
the evidence to you, of every one of them
as they have delivered it.

The firft witnefs Colonel Rumfey comes,
and he tells you of a meflfage he was fent of
to Mr. Sheppard's houfe to my Lord Rufltl,
with'feveral other perfons who he was told
would be there afiembled together. And
the meflfage was to know what readinels
they were in, what refolutions they were
come to concerning the rifing at Taunton.
By this you do perceive that this confpiracy
had made fome progrcfs, and was ripe to
be put in aclion. My Lord Shaftibury
that had been a great contriver in it, he
had purfued it fo fir, a;s to be ready to
rife. This occafioned the mefl'age from
my Lord Shaftibury to my Lord RufTel,
and thofe noble perions that were met at
Mr. Sheppard's houfe, to know what the rcfo-
lution was concerning the bufinefs of Taun-
ton, which you have heard explained by an
undertaking of Mr. Trenchard's ; that the
anfwer was, they were difappointed there,
and they could not then be ready, and that
my Lord Shaftibury muft be content.
This meflTage was delivered in prefence of
my Lord KuflJll ; the meflenger had notice
my Lord Ruffel was there ; the anfwer was •
given as from them all. That at prefent

they .

572 ACOLLECTIO

they could not be ready, becaiife of that
dilappointment. Colonel Riimfey went
further, and he fwears there was a difcourfe
concernino; tlie iurprizing of the guards-,
and the Duke of Monmouth, my Lord
Grey, and Sir Thomas Armftrong, went
to fee what poflure they were in, whether
it were feafible to furprize them, and they
found them very remifs; and that account
t'ley brought bac!;, as is proved to you by
Mr. Sheppard, the other witnefs, that it
was a thing very feafible. But to conclude
with the fubflance of Colonel Rumfcy's
evidence, he fays, my Lord was privy to
it, that he had difcourfe among the reft of
it, though my Lord was not a man of fo
great difcourfe as the reft, and did talk of
.a rifing. He told you there was a rifing
determined to be on the 19th of November
laft, which is the fubitance of Colonel
Rumfey's evidence.

Gentlemen, the next witnefs is Mr.
Sheppard, and his evidence was this : He
fwears that about October lafl, Mr. Fer-
gufon came to him of a meflage from the
Duke of Monuiouth, to let him know,
that he and (ome other perfons of quality
would be there that night; that according-
ly they did meet, and my Lord Ruflel was
there iikewife ■, that they did defire to be
private, and his fcrvants were fent away -,
and that he was the man that did attend
them. He fwears there was a difcourfe
concerning the way and method to feize
the guards ; he goes fo far, as to give an
account of the return of the errand the
Duke of Monmouth, my Lord Grey, and
Sir Thomas Armftrong went upon. That
it was feafible, if they had ftrength, to do
it. Then he went a little farther, and he
told you there was a paper read, that in his
evidence does not come up to my Lord
Rufili, for he did not fay my Lord Ruflel
vi^as by, and I would willingly repeat no-
thing but wliat concerns the prilbncr. This
therefore Colonel Rumfey and Mr. Shep-

O F

RIALS.

pard agree in, Tliat there was a debate
among them how to furprize the guards,
and whether that was feafible, and Mr.
Sheppard is pofitive as to the return made
upon the view.

The next witnefs was my Lord Howard;
he gives you an account cf many thingf,
and many things that he tells you are by
hear fay. But I cannot butobferve to you,
that all this hear- fay is confirmed by thefe
two pofitive witnefles, and their oaths agree
with him in it. For my Lord Shaftfbury
told him of the dihppointment he had met
with from thefe noble perfons that would
not join with him ; and then he went from
my Lord Shaftn:)ury to the Duke of Mon-
mouth to expoftulate with him about it
(for my LordShaftsbury then was ready to
be in adtion) and that the Duke faid he
always told him he would not engage at
that time. This thing is confirmed to you
by thefe two witnefles. Col. Rumfey fays,
when he brought the meffage from my
Lord Shaftfbury, the arrfwer was, they were
not ready, my Lord muft be contented.

Next he goes on with a difcourfe con-
cerning my Lord Shafcsbury, (that does not
immediately come up to the prifoner at the
bar, but it manifefts there was a defign at
that time) he had ten thoufand brifk boys
(as he called them) ready to follow him
upon the holding up his finger. But it
was thought not fo prudent to begin it,
unlefs they could join all their forces. So
you hear in this they were difappointed:
And partly by another accident too, my
Lord Howard had an apprehenfion it
might be difcovered, that was upon the
proclamation that came out forbidding bon-
fires, to prevent the ordinary tumults that
ufed to be upon thofe occafions. Then
my Lord Howard goes on and comes par-
ticularly to my Lord Ruffel, for upon this
difappointment you find my Lord Shaftf-
bury thought fit to be gone. But after
that, the defign was not laid afide j for you

hear.

A COLLECTION of TRIALS.

Ikm!-, they only told liiin all along, they I
could not -be ready at that timt-, but the
dcllgn went on fliil to r.iik arms, and then
tliey tool; upon themfelves to confult oF the
methods oi: it ; and for the carrying it on
with the greater fecrecy, they chofe a felecl
council of fix, which were the Duke ot
Monmouth, my Lord of Hflex, my Lord
Howard, my Lord Rulfel, Mr. Hambd^-n,
and Colonel Sidney. That accordingly
tlicy ffiet at Mr. Hambden's (there was
their firfl meeting) and their coniultation
there was, hov/ the infurrection Ihould be
made, whether firft in L,ondon, or whether
firfl: in the country, or whether both in
London and in the country at one time.
They had fome debates among themfelves
that it was fictert firfl to be in the country ;
for iF the King (liould fend his guards down
to fupprefs them, then the city that was
then as well difpofed to rife, would be
without a guard,' and eafily effecSi: thtir de-
figns here.

Their m-xt meeting was" at mv Lord
RufSri's own houfe, and there their debates
were ftill about the fame matter, how to
get in Scotland to their aiTiflance, and in
order to that, they did intrufl: Col. Sidney,
one of their council, to fend a nicffenger
into Scotland for fome perfons to come
hither, my Lord Melvile, Sir Hugh Cam-
bell, and Sir John Cockram. Accordingly
C'.)!. Sidney fends Aaron Smith (but this is
only what Col. Sidney told my Lord after-
wards, that he had done it, but) you fee
the fruit of it. Accordingly they are come
to town, and Sir Hugh Cambcll is taken
by a meflcnger uj^on his arrival •, and he
h.id been but four days in town, and he
had changed his lodging three times.

Now, gentlemen, this is the fubfl:ance of
the evidence that haih been produced
againft my Lord Ruflll. My Lord KufTc!
hith made fevera! objections, that he was
accidentally at this meeting at Mr. Shep-
pard's houfe, and came about other bu
Vol. 1. No. 25.

5" 3

finefs; but I mufl obfer>-e to you, that my
Lord Kuflcl owned that he came along with
the Duke of Monmouth, and i think, lie
laid, he went away with him too. You
obfervewhat Mr. Sheppard's evidence was:
Mr. Fcrgufon came to tell him the Duke
of- Monmouth would come ; and accord-
ingly the Duke of Monmouth did come,
and brought his companion along \sith
him, which was my Lord Ruflel ; and
certainly they that met upon fo fecrct an
affair, would never have brought one that
had not been concerned. Gentlemen, there
are other objedions my Lord hath made,
and thofe are in point of law ; but before 1
come to them, I v^ould obferve wiiat he
fays to the fecond meeting. My l^ord
does not deny but that he did meet both
at Mr. Hambden's houfe, and my Lord's
own : 1 think my Lord fiiid they did meet
only to difcourfe of news ; and my Lord
Howard being a man of excellent difcourfe,
they met for his convcrfation. Gentlemen,
you can't believe that this defigned meeting
was fornothing, in this clofe fecret meeting
that they had no contrivance among them.
You have heard the witnefs, he fwears po.
fitively what the convcrfation was, and you
fee the fruit of it, Sir Hugh Cambell's
coming to town, and abfconding when it
is difcovered. Now my Lord Ruflel infifts
upon it, that admitting thcfe fads be
proved upon him, they amount to no more
than to a confpiracy to levy war, and th it
that is not treaf)n within the ftatute of
25 E. 3. and if it be only v/ichin the fcatute
of the 13th of this King, th.-n 'tis out of
t'me, thatdireds theprofecution tobewitif a ■
fix months : The law is plainly otherwif-.
The ftatute of the i 3th of this King I w 11
not now infill upon, tliough, I believe, if
that be flridly looked into, the claufe th;.t
fays the prolecution fball be within nx
months, does not refer to treafon, but only
to the other oircnces that are highly punifli-

able

r G.

.eble
th'is

by th

A C

:t ilatiitc.

o r. L

For tlic

" 13 Car. 2. Provided always, chat ri) pe'-
fi)n be prokcutcd tor any of the cffciiccs in
ihis aft nuritioned, (other cliaii fucn as are
iTiidc and declared to be tligh-Trfafon)
Uiiitf'. it be by'order otthe Kirij^'s Majt-fly.,
his heiiii or ruccvflur;-, under hii or tb.eir
fmn iiraiiual, or by order of the council-
table of his Majefly, his heiis or lixccirurs,
ciiredcd unto tlic Attonu-y-Gcr.cral for the
liir.e being, or foiiie oilier covuicil learned
to lii^ .iNd^iel^yt) his heirs or fucctflurs for
tl.e time being : Ncr ihall any perfon or
perfons by virtue of this prefent acf, incur
;iny the penalc.es herein before-mentioned,
liii'efs he or they be prolecuted within fix
montlis next after the offence committed,
anil indided thereupon within tliree months
aficr fuch piollcution ; any thing herein
.contained to the contrary notwitliflanding."

■ This word (Nor) is a continuation of the
former fentence, and the exception of High-
Tieafon will go through all, and except
that out of the temporary limitation of
trealbn : But this is High-Treafon within
25 E. 3. To confpire to levy war, is an
t>vett-aA to teftify the defign of the death
of the King. And the error of my Lord
Coke had poffibly led my Lord into this
miflake. But this, gentlemen, hath been
determined ; it was refolved by all the
Judges in the cafe of my Lord Cobham,
1 Jac. A confpiracy to levy war againft
the King's perfon (as this was a confpiracy
1,0 ftize the guards) what does that tend to
but to fcize the King? And that always
hath been taken to be Iligh-Treafon. But
there are fome things called levying of war
in law, that are not fo diredly againft the
King, as if a number of men go about to
levy men to overthrow all inclofures, this
by the generality of the intenr, and becaufe
.of the confcquences, is accounted levying

F. C T I O N ? TRIAL S.

war againfl- the King. A ccnfpiracy there-
fore to levy fuch a war, winch by con-
Ibuftion cnly is againll the King, perhaps
tliat ir.ay not be fuch an overt-aft, as to
teftify the imagination of the death of the
King ; but other confi/iracies to raife v.'ar
againft the King have always fo been taken.
' f'is the refoluticn of all the Judges in my
Lord Dyer'.s Reports, tfiecafe of Dr. Story:
A -confpiracy to invite a foreign Prince to
make an invafion, though no invafion
follow, is an overt-aft to prove the con-
fpiring the death of the King; and as it
has been fo taken, fo it hath been pradifed
but of lite days. In the King's-B.nch 1
take it, the indidment againft Plunket that
was hanged, he was intiided for confpiring
againft the Life of the King, and his charge
went no further than for raifing of arms,
and inviting the French King in, and he
fuffered. This is acknowledged by my
Lord Coke, for he himlelf faid in the para-
graph before that out of which this advice
to my Lord Ruflel is extraded, that a con-
fpiracy to invite a foreign Prince to invade
the kingdom, is a confpiracy againft the
life of the King. And in the next para-
graph, he fays an overt-ad of one treafon
cannot be an overt-acl of another treafon ;
but conllant pradice is againft him in that:
For what is more common than to indid a
man for imagining the death of the King,
and to afllgn the overt-ad in a confpiracy
to raife arms againft the King ^ And Ibme-
times they go on and fay, did levy war
againft the King. Now by my Lord
Coke's rule, levying war, uiilefs the indid-
ment be particular for that, is not an overt-
ad for the compaffing the death of the
King; but the contrary hath been refolved
by all the Judges in the cafe of Sir Henry-
Vane, and it is the conftant pradice to lay
it fo in indidments. It would be a ftrange
conftrudion if this fhould not be High-
Treafon. 'Tis agreed by every boily, to
take the King prifoner, to feize the King,

that

ACQ L LECTIO

that is a compalling of the death of the |
King ; and to fit in council to confpire to j
tfftdl that, that is an ovcrt-ad of the iina- I
ginaiion of the death of the King : Now no ;
man can diftinguif!! this cafe from that ; j
and this conlultation amounted to all this, j
for plainly thither it tended. The con- j
f'jltation was to feize upon the King's '
guards,, that could have no other (lop but i
to feize upon the King's perfon, and bring |
him into their power. As to the killing ;
of the King, I am apt to think that was
below the honour of the prifoner at the '
bar ; but this is equal treafon : If they de- j
figned only to Iring the King into their '
power, till he had confented to llich things I
as fhould be moved in Parliament, 'tis ;
equally treafon as if they had agreed di- j
reftly to adrfrinate him. '1 hercfore I think
there is nothing for you to confidcr, but to
fee that the faft be fully proved •, and I fee
nothing that hath been faid by my Lord
Ruflel that does invalidate our evidence.
He hath produced feveral witneffes, per-
fons of honour ; my Lord Anglefey he tells
you of a difcourfe my Lord Howard had
with my Lord of Bedford •, that he told my
Lord of Bedford that he needed not to
fear, for he had a wife and underftanding
fon, and could not think he fliould be
guilty of any luch thing as was laid to his
charge. 1 his is brought to invalidate my
Lord Howard's teftimony. Gentlemen, do
but obferve, my Lord Lloward was as
deep m as any of them, and was not then
difcovered : Is it likely that my Lord
Howard, that lay hid, fhould difcover to
my Lord of Bedford, that there was a con-
fpiracy to raife arms, and that he was in it ?
This would have been an afpcrfion upon
my Lord of Bedford, that any fuch thing
(hould have been faid.

Mr. Edward Howard is the next, and
he proves, that my Lord Howard ufed
folemn proteftations that he knew nothing
of this confpiracy. I did obferve, that

N OF TRIALS. ^yy

v/orthy gentleniari in the beginning of hi*
dilcourfc (for it was pretty long) faid firft
that he had been feveral times tempting my
I.ord Lloward to con.e over, and be fer-
viceable to the King, and if he knew any
tiling, that he would come and confcfs it.
Why, gentlemen, Mr. Howard rthat had
come to him upon thcfe errands former!-,,
and had thought he had gained him, I co;'.-
ceive you do not wonder if mv Lord
Howard did not reveal himfelf to him, v/ho
prcfently would have difcovered it, for, fur
that errand he came. But if my Lord had
had a dcfign to have come in and faved his
life, he would have made his fubmifllon
voluntarily, and made his difcovery. But
my Lord tells nothing till he is pinched in
his confcience, and confounded with the
guilt (being then in cultody) and then he
tells the whole truth, that which you have
heard this day.

Gentlemen, this hath been all that hath
been objcded againft the witneircs, except
what is faid by Dr. Burnet -, and, he Jays,
that my Lord Howard declared to him,
that he believed there was no plot, and
laughed at ir. Why, gentlemen, the
Doftor would take it ill to be thought U'
perfon fit to be entruRed with the difco-
very of this ; therefore what he faid to him
fignifies nothing, for it is no more than this,
that he did net difcover it to the Do£lor.

But the lad objcdion (which I fee there
has been a great many perfons of honour
and quality called to) is, that it is not likely
my Lord Ruflel fliould be guilty of any
thing of this kind, being a man of that ho-
nour, virtue, and lb little blameable in his
whole converfation. I do confefs, gentle-
men, this is a thino; that hath weia;ht in it.
But conikler on the other hand, my Lord
Ruffel, is but a irjan, and hath his human
frailties about him. Men fall by feveral
temptations •, fome out of rrvcnge, fome
by malice fall into fuch offences as thele
are : my Lord Ruflll h not of that temper,

and

5 76 A C O L L E C T I

and t.herefore may be thefe are not the in-
gredients here. But, gentlemen, there is
another great and dangerous temptation
that attends people in his circumftances,
whether it be pride or ambition, or the
cruel inare of popularity, being cried up
as a patron of liberty. This hath been a
dangerous temptation to many, and many
perfons of virtue have fa'len into it, and
'tis the only way to tempt perfons of
virtue-, and the Devil knew it, for he that
tempted the Pattern of Virtue, fliewed him
all the kingdoms of the world, and faid,
" All thefe will I give thee, if thou wilt
fall down and worlhip me." Though he
be a perfon of virtue, yet it does not follow
but his virtue may have feme weak part in
him. And I am afraid, thefe temptations
have prevailed upon my Lord. For I
cannot give myfrlf any colour of objedlion,
to difbelieve all thefe witnefies who give in
their teitimony. I lee no contradiction, no
correfpondence, no contrivance at all be-
tween them. You liave plain oaths before
you, and I hope you will confider the
weight of them, and the great confequence
that did attend this cafe, the overthrow of
the bell government in the world, and the
b'.ft and moft unfpotted religion, which
nui'r needs have fuffered ; the gri.ateff
lib', rty and the greateft fccurity for property
that ever was in any nation, bounded every
v;ay by the rules of law, and thofe kept
f^cred. I hope you will confider the weight
ff this evidence, and confider the confe
quences fuch a confpiracy, if it had taken
effedl, might have had. And fo I leave it
to yourconfideration upon the evidence you
liave heard.

Serj. Jefferies. My Lord, and you Gen-
Icmen of the Jury, this caufe hath detained
your LordiTiip a long time, by reafon of fo
ninny witneffcs being called, and the length
of the defence made by the priloner at the
bar •, and if it had not been for the length I
would no: have injured your patience, by

ON OF TRI.^LS

' faying any thing, Mr. Sollicitor having
j taken fo much pains in it. It is a duty in-
cumbent upon me, under the circumftances
I now itand, to fee if any thing hath been
omitted that hath not been obfcrved to
you; and I Iliall detain you with very few-
words.

Gentlemen, you mud give me leave to
tell you, 'tis a cafe of great conieqijence,
of great confequence to that noble perfon
that now is at the bar, as v\el! as to the
King; for it is not defired by the King nor
by his counfel, to have you influenced in
this matcer by any thing but by the truth,
and what evidence you have received. You
are not to be moved by compaiTion or pity,
the oath you have taken is to go according
to your evidence ; and you are not to be.
moved by any infinuations that are ' of-
fered by us fof'" the King, nor by any
infinuations by the prifoner at the bar;
but the truth, according to the teltimony
given, mull: be your guide. Flow far the
lavv will aftecl this queftion, that we are
not to apply to you, for that we are to
apply ourfelves to the court (they are the
Judges in point of law) who will take fo
much care in their direftions to you, that
you may be very well fatisfied you will not
eafily be led into error. For the inftanccs
that have been put, I could put feveral
otlicrs ; but I will take notice only of one
thing that that noble perfon at the bar
feems to objeft. Gentlemen-, it is not ne-
ceflary there fliould be two witnefies to the
felf-fame fa£l: at the felf-fame time; but if
there be tv,'o witneffes tending to tlie felf-
fiime fact, though it were at leveral times,
and upon feveral occafions, they will be in
point of law two witnefi"es, which are necef-
lary to convid a man for Fligh-Treafon.
Gentlemen, I make no doubt this thin.fT is
known to you all, not only by the judg-
ment of all the Judges in England, but the
judgment of the Lords ii) Parliament, when

I doubt

A C .0 L L E C T I

•doubt not the prifoncr at the bar did actend
in the cafe of my Lord Stafford, wherein one
witncfs gave an accotint of a confpiracy in
•England, Tubcrvile of another in France ;
and by the opinion of all my Lords the
Judges approved in Parliament, that was
cnouii;h, and he was convicted.

The quellion is, whether we have fuffi-
ciently proved this matter. Gentlemen, I
mull tell you, we rake no Q;oals, nor bring
any profligate perfons, perfons that wanted
faith or credit before this time. 1 mu(1: tell
you, that notwichflanding the fair notice
that hath been given to the prifoner at the
bar (that you fee he hath taken an advan-
tage of it, he hath given an account of a
private converfation with my Lord LIow-
ard before that noble perlbn that was wit-
nefs againil him was taken) he has not
given you in all his proof hitherto, nay I
fay, he jias not pretended any thing in the
world : Wherefore you, gentlemen, that
are upon your oaths, iliould take it upon
your conlciences, that two men, againil
when there is no objedion, fhould come to
damn their own fouls to take away the life
of this gentleman, when there is no quarrel,
no temptation wherefore thefe gentlemen
fhould come in the face of a court of juf-
tice, in the face of fuch an auditory, without
refpedl to that infinite Being to whom they
appeal for confirmation of the truth of their
teftimony : And if they had the faith of
men or Chriftians, they muft necefTarily
conclude, that if they did fwear to take
away a man's life that was innocent, God
would fink them down prefently into hell.

Gentlemen, In the next place I muft ac-
quaint you, that the firft witnefs. Colonel
Kumfey, it is apparent he was taken notice
of by the prifoner as a man fit to be trufted;
he was engaged by my Lord Shaftfbury :
But, fays he, would any man believe that
that man that had received fo many marks
of the King's favour, both in advantage to
his eftate, his honour, and perfon, could be

Vol. L No. 25.

ON OF TRIAL S. . '^-jj

ever contriving fuch an hellifh defign as
this? Gv-ntlemen, if you will argue from
fuch uncertain con|e<Si:ures, then all cri-
minals will come off. Who fhould think
that my Lord of Eficx, who had been ad-
vanced' fo much in his eftate and honour,
(hould be guilty of fuch defperate things !
which had he not been confcious of,' i:e
would fcarcely.have brought iiimfelf to thuc
■untimely end, to avoid the mcthoJs'of
public juftice. Colonel Rumfey tells yoli,
my Lord Shaftsbury was concerned in tins
confpiracy. 1 am forry to find that thrre
have been fo many of the nobility of this
land that have lived fo happily under the
benign influence of a gracious Prince,
fliould make lb ill returns. Gentlemen, I
muft appeal to you, whether in your obfer-
vation you found Colonel Rumfey to be
over-hafty, and an over-zealous witnefs ; he
did not come as if he came in fpite to the
prifoner at the bar -, you founci how we
were forced topurnp out every thing •, but
after he had been prefled over and over
again, then he came to it : fo that I obferve
to you, that he was an unwilling witnefs.

Gentlemen, give me leave to obferve
to you, the prifoner at the bar, before
fuch time as Mr. Sheppard came up
and gave evidence againft him, fays he, I
came only by accident, only to tafte a par-
cel of wine. Mr. Sheppard, when he comes
up, he tells you there was no fuch defio-n.
Fergufon, that was the perfon he kept com-
pany with, the reverend dean, and the refl
of the clergy of the church of Ehglandj
they were not fit to be trufted with it, but
this independant perfon Fergufon, ' he fives
notice of the coming of thefe peribns ; and
in purluance of this notice they all come,
they cqme late, in the evening, not in the
pofture and quality they ufe to go, for you
find they had not fo much as a coach. Is
it probable they came to tafte wine ? where-
fore did they go up into a room ? Where-
fore did they order Mr. Sheppard that none
7H of

57^

A COLLECTION of TRIALS.

of the boys fhould come up, but that the
maft;;/ mull fetch the wine and fugar him-
felf ? Wherefore you may perceive the ac-
tion they were upon, there were only to be
fuch perfons as had an afteftion for fuch a
caufe. You find purfuanl to what Col.
Rumfey fays, that there was a direction to
take a view of the guards, that Sir Tho.
Armftrong comes back and makes this re-
port : Says he, I have taken notice they
are in fuch an idle carelefs pofture, that it
is not impofTible to furprize them. This
Mr. Sheppard he does not come, nor does
he appear to you to come here out of any
vindidive humour, to do the prifoner at the
bar any hurt.

In the next place we have my Lord
Howard, he comes and pofitively tells you,
after he had given an account (ior you ob-
ferve there were two parts to be adled in
this horrid tragedy ; there was firfl: the
fcoundrel fort of people were to be con-
cerned to take away the life of the King and
the Duke, the great perfons were to head
the party in the rifing) they put themfelves
in proper poftures, each of themconfenting
to fomething of the furprize, inafmuch as
you obferve that Sir Tho.Tias Armftrong
and fome other perfons might not be trufted.
They come and refolve themfelves out of
a general council, and they meet in a par-
ticular council of fix, looking upon them-
felves as the heads of the party : And I
muft tell you many of them (we live
not in an age of fuch obfcurity,but we know
them) how fond have they been of the ap-
plaufe of the people ! As that perfon en-
couraged himfelf yefterday, they were !il/e-
ypJores pahid', tliat could murder the King
and the Duke,

My Lord, I muft take notice 'that this
r.oble Lord is known to have an intimacy
with him ; you oblerve with how much
tcndernels he is pleafed to deliver himfelf,
how carefully he reports rhe debates of the
particular confults uf the perfons to be en-

trufted in the management; he tell^ you,
that noble Lord the prifoner at the bar was
pitched upon, and Algernone Sidney, a
man famous about the town : For what ^
To call in parties from fome of his Maje-
fty's other dominions, perfons we know ripe
enough for rebellion, to aftift. Purfuanc
to this, you find perfons fent of a mefiage
for fome to come over, whereof fome are
in hold : So that for all dark and obfcure
fort of matters, nothing can be brought
better to light than this, of taking all mat-
ters together ; with the concurring circum-
ftances of time and place.

Gentlemen, I muft confefs this noble
Lord hath given an account by feveral ho-
nourable perfons of his converlation, which
is a very eafy matter. Do you think if any
man had a defign to raife a rebellion againft
the crown, that he vifould talk of it to the
reverend divines, and the noble Lords that
are known to be of integrity to the crown ?
Do you think the gentleman at the bar
would have fo little concern for his own
life, to make this difcourfe his ordinary con-
verfation .'' No, it muft be a particular con-
fuk of fix, that muft be entrufted with this.
I tell you, it is not the divines of the church
of England, but an independant divine,
that is to be concerned in this ; they muft
be perfons of their own complexion and
humour. For men will apply themfelves
to proper inftruments.

Gentlemen, I would not labour in
this cafe ; for far be it from any man to
endeavour to take away the life of the in-
nocent. And whereas that noble Lord
fays, he hath a virtuous good lady, he hath
many children, he hath virtue and honour
he puts into the icale : Gentlemen,. 1 muft
tell you on the other fide, you have con-
Iciences, religion : You have a prince, and
a merciful one too -, confider the life of your
prince, the life of his pofterity, the confe-
quences that would have attended if this
villainy had taken cfictSh What would

ha,v2

A COLLECTION 6 f

have become of your lives and religion ? rilln
What would have become of chat religios
we have been lofondof preierving? Gentle-
men, I muft put thefe things home upon
y^ir conlciences. I know you will remember
the horrid murder of that nfioft pious prince
the martvi-, Kin<^ Charles the Firft. How
far the pracftices of thole perlbns have in-
fluenced the feveral punifhments fince, is
too great a fecret for me to examine. But
now I fay, you have the life of a merciful
King, you have a religion that every honeft
man ought to ftand by, and I am fure every
loyal man will venture his life and fortune
for. You have your wives and children.
Let not the greatnefs of any rri^n corrupt
you, but dilcharge your conlciences both
to God and tlie King, and to your poftc-
rity.

L.C.J. Gentlemen of the jury; -the
prifoner at the bar (lands indii^ted before
you of high-treafyn, in compafling and'de-
figning the death of the King, and in de-
claring of it by overt acts, endeavouring jo
rail'e infurredions and popular commotions
in the kingdom here. To this he hath I
pleaded not guilty. You have heard the
evidence that hath been againft him, it liath
been at large repeated by the King's coun-
fel, wiiich will take olf a great deal of my
trouble in repeating it to you again. I
know you cannot but take jcotice of it, and
remember it, it having been ftated twice by
two of the King's counfel to you"; it is
long, and you lee what the parties here
have proved. There is firft of all Colonel
Rumiey, he does attcft :^ mteting at Mr.
Shfeppard's houfc, "and yoii hear' to what
purpole he fays it was -, the melTao-e that
he brought, and the return he had; it was
to enquire concerning a rifingat Ti^unton ;
and that he had lii return to rny-Lord Shaftf-
bury was, that Mr. Trenchard had failed
them, and "my Lord nlufl: be contented,
for it could not be that time. You hear
that he does lay that they did delign a

TRIALS.

579

he faith there was a rifing defigned
in November, I think he faith the 17th,
upon the day of Qtieen Elizabeth's b,rih.
You hear he does lay, there v^as at that
meeting fome difcourfe concerning infpec-
ting the King's guards, and feeing how they
kept themfeives, and vshcther they m.ighC
be furprized ; and this he fays, was all iii
order to a rifing. He fays ihat at this my
Lord, Rufill was prefent. Mr. Siieppard
does fay, that my Lord RuflTel was there :
That he came into this meeting with the
Duke of Monmouth, and he did go away
with the Duke of Monmouth, as lie be-
lieves. He fays there was fome difcourfe
of a rifing or infurreftion that was to be
procured within tlie kingdom, but he does
not tell you the particulars of any thing, he
himfelf does not. My Lord Hov/ard af-
terwards does come and tell you of a great
I difcourfe he had with my Lord Shaftsbury
'in order to a rifing in the city of London,
and my Lord Shaftsbury did value himfelf
mightily upon ten thoufand men he hoped
to.raile; and a great deal of difcourfe he-
had with my Lord Shaftsbury. This he
does by way of inducement to what he fays
concerning my Lord Rufl'el. The evi-
dence againft him is fome confults that tliere
were by fix of them, who took upon them
as he fays, to be a council for the manatre-
ment of the infurredion that was to be pro-
cured in this kingdom. He inltances in
two that were for this purpofe ; the one of
them at Mr. Hambden's houle, the other
at my Lord Ruficl's houfc. And he tells
you at thefe meetmgs there was Ibrne dif-
courfe of providing treaiure, and , of pro-
viding arms, but they came to no refuk
in thefe things. He tells you, that there
was adefign to ftnd-for foine of the king-
dom of Scotland that might join v/ith them
in thiS thing. And this is upon the matter
the fubllance of the evidence that hath been,
at large declared to you by the King's
counfel, and what you have heard. Novv

gentlemen

C O L L E C T I O N o f T R I A L S.

to Tcize and deftioy the King ; and it ig ji
great evidence (if my Loid KutVcl did d<J-
■ligm to fei^etJie King's gi.ar.ds, and rnnlie
an inuirreetionin tlic kingdom) of ;i defign
for to furprife/tlie King's peribn. It n'.p'^

'£^0 A

•pentlem?n,i miift tell you, fome thi,:>gs it
Its up-'-n Uh to direft you in.

•VlvLord excepts to theie v/itnefTes, be-
f!V«le ci-.ey vire concerned by their own fl^cw-
htil w. this defiyn : If there were any any.

1 d«i-dire6i: .^lome of you irnght hear me) be left to you .upon t-lie whole matter : Yo.u

have not evidence in this cafe as there was
in the other matter that was tried in the
mor-ning, or yefterday, againft the confpi-
rators to kill the King at the Rye. The?c
was a direft evidence of a conkilt to kill
the King, 'that is not given you in this cafe :
This is an aft of contriving rebellion and
an infurreftion within the kingdom, and to
feize his guards, which is urged as an, evi-
dence, and furely is in itfeif an evidence,
to feize and deftrov the King.

Upon this whole, matter this is left to
you. If you believe the prifoner at the
bar to have confpired the death of the King,
and in order to that to have had thefe con-
fults that thefe witneffes fpeak of, then you
muft find him guilty of this treafon that is

yericrday* chat that v.'as rne faffictent ex
cepti-DP. ugainll a man's being an evidence
in the cafe of treafon, that he hin^ifelf -was
concerned inii •, they are the -moft proper
perfons to be evidence, none being dble to
deteft' fuch councils but them. "You ^have
heard my Lord Ruflcl's witnenes that he
hath brouglu concerning them, and con-
ceriiing his own integrity and eourfe.of life,
iiow it hath been fober and civil, 'with a
great reipeCl: to religion, as thefe gentlemen
do aliteltify. Now the queftion before
you will be. Whether upon this whole mat-
ter you do believe my Lord RuiTcl had any
defign upon the King's life, to deftroy the
the King, or take away his life, for that is
the material part here. It is ufed and given
you (^ by the King's counfel) as an evidence
of this, that he did confpire to raife an Ln-
furretlion, and to caufe a rifing of the peo-
ple, to make as it v/ere a rebellion within the
nation, and to furprize the King's guards,
which, fiiy they, can have no other end but

laid to his charge.

Then the court adjourned till four
o'clock in the afternoon, when the
jury brought the faid Lord Ruflel
in guilty of the faid high-treafon. '

The Arraignmenr of ALGERNONE SIDNEY, Efqnire, November the 7th,

1687.

ALGERNONE Sidney, Efq. was by
Habeas Corpus brought up to the bar
of the court of King's-bench, and the Clerk
of the Crown having read the return, Mr.
Attorney General informed the court there

was an indiftment againft the prifoner, and
prayed he might be charged with it.

CI. ofCr, Algernone Sidney, hold up
thy hand.

[which he did.
Midd.

A COLLECTION of TRIALS.

.- Mtdd-.ff. " The jurors for our Lord the
ICrng, upon their oaths do preienr, that Al-
gernone Sidney, late of the parifli of St,.
Martin in the Fields, in the countv of
Middlefex, Efquire, as a falfe traitor againll
the moft illuftrious, moft excellent Prince,
our Lord Charles IL by the grace of God,
King of England, Scotland, France, and
Ireland, and his natural Lord, not having
the fear ot God in his heart, nor weighing
the duty of his allegiance, but moved and
feduced by the inftigation of the devil, ut-
terly withdrawing the cordial love, and true,
due, and natural obedience, which a true
and faithful fubjecl of our laid Lord the
King Ihould bear, towards him the faid
Lord the King, and of right is bound to
bear; contriving, and with all his ftrcngth
intendmg, to dillurb the peace and com-
mon tranquillity of this kingdom of Eng-
land, and to ftir up and move war and
rebellion againft the laid Lord the King,
in this kingdom of England, and to
depofe and deprive the faid Lord the
King, from the title, honour, and regal
name, of the Imperial Crown of his
kingdom of England, and to bring and put
the faid Lord the King to death, and final
deftruftion, the thirtieth day of June, in the
five and thirtieth year of the reign of our
Lord King Charles II. now King of Eng-
land, &€. and divers other days and times,
as well before, as after, at the parifli of St.
Giles in the Fields, in the county of
Middlefex, malicioufly and traiteroufiy,
with divers other traitors to tiie jurors afore-
faid unknown, did confpire, compafs, ima-
gine and intend to deprive and call down,
the faid Lord the King, his fupreme natu-
ral Lord, not only from the regal ftate,
title, power and rule of his kingdom of
England ; but alfo to kill and bring and
put to death the fame Lord the King, and
to change, alter and utterly fubvert tlie an-
cient government of this his kingdom of
England, and to caufe and procure a mi-
VoL. I. No. 25.

5^1

ferable flaughter among the fubjccts of the
faid Lord the King through his whole king-
dom of England, and to move and ftir up
an infurrei5'.ion and rebellion againft the
laid Lord the King, within this kingdom
of England, And to fulfil and perfect thofe
his moft horrid, wicked and diabolical trea-
fons, and traitcrous compaftings, imagina-
tions and purpofes, the fame Algernone
Sidney as a failc traitor, then and there,
and divers other days and times, as well
before zs after, malicioufly, traiteroufly and
advifedly, did allcmble himfelf, meet and
confult, with the aforefaid other traitors to
the jurors aforcfaitl unknown, and with the
lame traitors did treat of, and for thole his
trealbns and traiterous compaffings, imagi-
nations and purpofes, to be executed and
fulfilled. And that the aforefaici Algernone
Sidney as a falfc traitor, malicioufly, trai-
teroufly and advifedly, then and t!;ere, and
divers other days and times, as well before
as after, upon himfelf did aflTume, and to
the aforefaid other traitors did promife that
he would be aiding and afiifting in the exe-
cution of their trealbns and traiterous com-
paflings, imaginations and purpofes afore-
faid, and to fulfil, perfeft and reduce to
effecSt thofe their moft horrid trealbns and
traiterous compaflings, imaginations and
purpofes aforefaid, the fame Algernone
Sidney as a falfe traitor, then and there,
falfely, malicioufly, advifedlv and traite-
roufly did fend one Aaron Smitli into Scot-
land, to invite, procure, and incite divers
evildifpofed fubjedls of our faid Lord tlie
King, of his kingdom of Scotland, to come
into this kingdom of England, to advifeand
confult with the aforefaid AlgcrnoneSidnev,
and the aforefaid other unknown traitors
in this kingdom of England, of aid and af-
fiftance to be expetted and fupplied from
the kingdom of Scotland to fulfil, perfefr,
andreduce to effedt thofe tlieir moft wicked,
horrid and traitcrous trealbns aforefaid.
And that the aforefaid Algernone Sidney,
7 1 to

;F2

A COLLECTION of TRIALS.

to iVilfil and perfeft thofe mofl wicked, hor- land there can be none in breaking it,"agaiuft

rid and deviiiih treafons, and traiterous
coinpaOlngs, imaginations and purpofes
aforefiiid, and to perfiiade the fubiefts ot the
j'aid L.ord the King of this kingdom of
England, That it is lawful to make and ftir
up an inlurredlion and rebellion againfl; the
faid Lord the King that now is, the faid
thirtieth dav of June, in the five and thir-
tieth year of the reign of the faid Lord the
King that now is, at the parifli of St. Giles
in the Fields, in the county of Middlefex,
fallcly, unlawfully, wickedly, feditiouflyand
traiteroufly did make, compofe and write,
and caufed to be made, compoied, and
written, a certain falfe, feditious and traite-
rou*; libel, in which faid falfe, feditious and
traiterous libel among other things is con-
tained as foUoweth in thefe Englilh words,
viz. "The power originally in the people ot
England is delegated unto the Parliament,
he (tiie moft Serene Lord, Charles II. now
King of England, meaning) is fubjeft unto
the law of God, as he is a man to the peo-
ple, that makes him a King, inafmuch as
he is a King, the law fets a meafure unto
that fubjecition, and the Parliament ju Jges
of the particular cafes thereupon ariling,
he mull be content to fubmit his intereft
unto theirs, fince he is no more than any
one of them in any other refpeft than that
he is by the conientof all, raifed above any
other : If he doth not like this condition,
he may renounce the crown ; but if he re-
ceive it upon that condition (as all magi-
ftrates do the power they receive) and fwear
to perform it. He muft expeft that the per-
formance will be cxadled, or revenge taken
by thofe that he hath betrayed." And that
in another place in the fiid falfe, feditious
and traiterous libel, among other things,
thefe falfe, feditious, and traiterous Englilh
kntencesare contained (that is to fay)" We
may therefore change or take away Kings,

the duty of his allegiance, againfl: the peace
of the faid now Lord the King, his crown-
and dignity, &c. And againfl; the form of
the ftatutcs in this cafe made and provided,
&c.»

How fayefl: thou, art thou guilty of this
high trcafon whereof thou ifandell' indidled,.
or not guilty ?

Col. Sidney. My Lord, I find here an heap
of crimes put together, diftinft in nature
one from another, and diftinguiflied by law -,
and I do conceive, my Lord, That the in-
diftment itfelf is thereupon void, and I can-
not be impeached upon it.

L.C.J. \_Sir George Jefferies.'] We are
not to admit of any difcourfes, till you an-
fwer the queftion, whether you be guilty
or not guilty.

Alt. Gen. [5?> Robert Sawyer.'] If he will
demur, my Lord, we will give him leave.

Sidney. I prefume your Lordfhip will di-
rect me, for I am an ignorant man in matr
ters of this kind, I mayeafily be furprized'
in it, I never was at a trial in my life of any
body, and never read a law-book.' '

I.e. J. Becaufe no prifoner under your
circumfl:ance is to havecounfel, but in fpe-
cial cafes to be afugned in matters of law,
the court is bound by their oaths and duty
of their places, that they fhall not fee any
wrong done to you : But the bufineA we
are to tell you now is, you are to plead
guilty, or not guilty, or demur, which is a
confeflion in point of law.

Sidney. Under favour, my Lord, there
may be indiftments that are erroneous, and
if they are erroneous and vitious, they are
null, and ought not to be anfwered to.

Juft. IViihin;. If you pleafe to demur to
it, you fliall have liberty to make any ex-
ceptions.

Sidney. I do not demur, it is only excep-
tions. I think in matters of lite, a man

v/ithout breaking any yoke or that is made, \ may give in his exceptions to the bill, and
a yoke which ought not to be one, the in- plead not guilty afterwards. I am fur.e in
jury is therefore ia making or impofing, | S-ir

A COL LECTIO

Sir Henry Vane's cafe, the court faid it, and
oftcred him to do it ; that which, under fa-
vour, I hope to do.

L. C. J. You mufl: plead or demur.

Sidney. My Lord, if I put in exceptions
to the bill, I do not plead till thofe excep-
tions are over ruled. This was in the cafe
of Sir Henry Vane.

L. C. J. Sir, I muft tell you, you mufl;
either plead or demur.

Sidney. My Lord, there are in this in-
didlment, fome treafons or reputed treafons,
that may come within the Itatucc of the
1 ^th of this King, which is limited by
time, the profecution mud be in fix months,
and the indiiflment witliin three. Now,
my Lord, if that this bufinefs that is men-
ttoned, be above fix months before my
commitment, or above three before the
indidment, 1 think, under favour, I ought
not to anfwer to thcfe matters.

L. C. J. You are miftaken in the law.
That will be faved when the fd6\ comes to
appear. If they alledge the thing to be at
a time, which^ according to that allegation
would maintain the indiclnienr, if upon the
trial it appear o.therwik, the court is bound
to cake notice of it when you come to your
trial, but we are not bound to examine that
before you have pleaded.

Sidney. My Lord, every bodywHl ac-
knowledge, ithat there have been, or may
be, vitious indiclments. Now if I plead
to an erroneous indiiftment, and am acquit-
ted, 1 maybe indidled again. Bills of at-
tainder have been upon errors in original
indictments, as that of the Duke of Sumer-
fet. Now if there be here feveral things
diftinft in nature, dirtinguifhcd by lawthat
are put together, it is impofiible to make
a pofitive anfwer to any one. If any one
{h6 III d tell me, that L by myfelf, or by
others, by fword or by piltol, ccnfpired to
kill the King, I can fay, Idid it;' or, I did
it not.' If any- one fiiy,- 1 have levycd war,
and by feveral acts undi^ttake-to provel

Nop T R I a L S, 58 j

have done it, I can fay I have done it, or 1
have not. But here I do not find any thing
fpecified, or can tell upon what ftatute I am
indicfted. I pray I may fee the record.

L. C.y. That we cannot do. You fhall
hear it read again if you will, if you think
it to be a void indictment, demur to it if
you will.

Sidney. My Lord, I defire you to accept
of this. (Shewing a parchment.)

L. C. J. What is it.? Put in what plea
you fhall beadvifed ; but if you put in a
ipecia! plea, and Mr. Attorney demurs, you
may have judgment of death, and by tiiac
you wave the fadt.

Sidney.! cannot make any objciftion to
the bill after I have pleaded, not guilty, for
1 accept the bill thereby to be good.

L. C. y. If you can aflign any matter of
law, do. Etit otherwiie what a. kind of
thing would it be ? ' All criminals would
fay in all cafes, I doubt whether the bill be
good or bad. And after I have thus con-
fideredof it, I will plead. You a.'-e mifin-
formtd, and this the court tells you, as a
duty incumbent on them.

Jui\. Witlins. If you demur, and fiicw
what your caufes are, we will allign yoa
counfel.

Sidney. I defire you would not try m.e,
and make me run on dark and fiippery
places, I do not fee my way.

L. C. 7.. Do not apprehend yourfelf to
be fo, as it the court would run you on any
inconvenience. But they are bound to fee
the methods of jultice preferved, they are
tiiofe that you, and all the King's fubjccfta
are bound to conform t(». It" any one of
us were in the Lane condition, v%e muft ob-
terve the fame methods of law.

CLof Cr. Art thou guilty, or not guilty ?

Sidney. Then pray, my 'Lord, will yotl
tell me this, is it true, that a man, how vi,
tious foever an indiiftment is, mull" anfwer
or demur to it ?

I- c. 7.

A ;C Q L/ L ex:, T I
II- muft pitli(;.r,.Anhvt\r or dc-

Siilni:y. Ai'C. iihci'c no exceptions to be
■at]:Tiiited ? ^ ,

L. C. 7- Jioni':, Aiici,,if you do not do
theonf, .oi- the otiier, jutlgai,ent pailes, as
if you had pleaded, i

Sidney. This is a plea.

luXY. JVithins. Will you ftand by it?
Coniiiler vourfcif, and your life, if you put
in thai: pVa, anti Mr. Attorney demurs, if
your plea be not good, your life is gone.

Sidne-i. Pray, tny Lord, give me a day
to confidcr of it.

L. C. J. No, we mud not introduce
new tnethods or forms for any body. The
fame cafe that is with, you, may be with
other people.

Sidney. My Lord, Ldo not pretend to
any thing but what is law, and due to every
man upon Englifli ground. I would be
very lorrv to do that which may be hurt-
ful.

L. C. J. You have the rule of the court.
You mull do one or the other. Call him
to it.

Sidney. I defire this may be read. (Shew-
ing the fame parchment.)

L. C. J. It Ihall not be read, unlefs you
put it in as a plea.

Att. Gen. I muft do my duty, Mr. Wil-
liams exceeds his liberty, he informs the
prilbner ieveral things.

Mr. TFilliams. 1 only ftid, if it was a
plea, put it in, Mr. Attorney can hear all I
fay. (Whereon Mr. Williams w.as re-
proved by the Lord Chief Juftice).

Sidney. I only give it as exceptions to the
bill.

CI. ofCr. Art thou guilty or not guilty ?

Sidn.y. If any one fhould a(k me any par-
ticular thing, I could tell how toanfvver.

L. C. J. He afl<s you a particular thing.
It is the duty of the court to pronounce
judgment, if you do not plead.

O N OF T R I A L S.

Sidney. Wliy then, if you drive me upon
it, I mull plead.

L. C.J. I amfure there is no gentlemen
of the Jong robe would put any luch thing
into ycur head. There was never any fucli
thing done in capital matters.

Sichi/y. My Lord, I ani tiiere indi£led for
confpiring the death of the King •, I have
not confpired the death of the King-, I aui
tiiere indi"6lctl for levying of war, I have
not done that, I am indit'tcd for havin^j
invited in others, of another nation, I have
not done that neither, I am there indicted
to have written a feditious libel to ftir up
thefpirits of the people againft the King, I
have not written any thing to Itir up the
people againft the King.

I.e. y. We are not to hear all this, you
muil plead as other people, or elfe in pla;.i
Englifh we will pronounce fentence. We
ought to give all men fatisfi\dion that will
be fatisfied ; but if they wont be direiSted,
we can't help that,

Sidney. My Lord, If you put me upon
this inevitable necefiity, it lies upon you 5
I muft plead then.

CI. of Cr. Art thou guilty or not guilty ?

Sidney. Not guilty.

CI. of Cr. Culprit, how wilt thou be
tried ?

Sidney. By God and my country.

Cl.ofCr. God fend thee a good delive-
rance,

L. C. J. If you be not guilty, I pray
God you may efcape.

Au. Gen. My Lord, will you pleafe to
appoint a day for his trial, that he may
take notice of it now .''

L. C. J. What time would you have ?

Att. Gen. A week's time, cio you think
that will be enough ?

Sidney. No, pray, my Lord, give me a
fortnight's time.

Att. Gen. I will not oppofe it,

Sidney. In the next place I defire a copy
of the indictment.

L, C. 7.

A COLLECTION

o i>

TRIALS.

;s^

/,. C. J. We cannot grant it by law.

Sidruy. I delire you would pleafe to give
ne counfel.

L. C. J. We cannot do it, if you afllgn
us any particular point of law, if the court
tliink it fuch a point as may be worth the
debating, you Ihall have counfel. But if
you afk for counfel for no other reafon than
becaufc you aflc it, we mufl not grant it.
The court is bound to fee that nothing be
done againft you, but what is according to
the rules of law. I would be very loth to
draw the guilt of any man's blood upon
me.

Sidney. Has not every body counfel ?

L. C. J. No.

Sidney. I have fevcral points of law.

L. C. y. Tell us them.

Sidney. My Lord, Will you oblige me
that am an ignorant man, and confe(s my-
felf lb, upon hearing my indiftment for
things I know not of, a long thing, pre-
fently to raife a point of law.

L. C. J. It is not we oblige you, Mr.
Sidney, it is the law obliges you. We are
the minifters of the law, it is the law fays
we are not to allow you counfel without
making your objeftions, that the court may
underftand whether it be fit ; it is the law
fays we may not allow you a copy of the
indiftment. Therefore do not go away
and fay that we as men fitting here impofe
upon you, we fit here only to adminifter
the juftice of the nation.

Juft. f^yithins. Sir, you will have a fort-
night's time to confider of objedtions in
law.

L. C. J. l^ you will have it read, you
fhall. Thofe things that you may have by
law, God forbid but you fhould have the
benefit of them.

Sidney. I defire, my Lord, to hear it read
again.

Alt. Gen. Would you have it read in
Latin.

Vol. I. No. 25.

Sidney. Yes, if you pleafe, I do under-
ftand a little Latin.

Then the indiftment was read in Latin.

Sidney. What is that ftatute ?

L. C. J. When you come to your trial,
Mr. Attorney will tell you what ftatute he
goes upon. And he may give in cvidenc.-,
any aft of Parliament that comprehends
treafon.

Sidney. Methinks he fliould fay what
ftatute he goes upon.

Juft. I'Vithins. Sir, would you have a
new indidment for you ?

L.C.J. He muft take notice of his trial
this day fortnight. Lieutenant of the
Tower, you may take the prifoner back

again.

Then the Lieutenant of. the Tower
took away his prifoner.

The Trial of ALGERNONE SIDNEY,
Efq. November the 2 1 ft, 1683.

A Lgernone Sidney, Efq. was brought to
the bar of the court of King's-bench
by Habeus Corpus, and the proclamation for
information being made, he defired pen,
ink and paper, which were granted him.
And he alfo defired, that two perlbns, viz,
Mr. Wynn and Mr. Gibbs, might write
for him, which was alfo allowed by th»
court.

Sidney. My Lord, when I was laft here,
before your Lordftiip, I did defire a copy
of my indidment, and I thought the law
did allow it me. But being in an hurry,
was carried firft to a tavern, then led
through foldiers, and furprized ablolutely.
I could not give that reafon why I thought
the law allowed me a copy. My Lord, I
t 7 K was

A COLLECTION of TRIALS.

was denied a copy, and thereby I was de-
prived of the benefit of a fpecial plea I de-
figned to have put in. This vvould have
been a great help toyour Lordfnip, and to
me ; the denial of which hath been a great
prejudice. Now, my Lord, that which I
thought was law then, I think I can give a
better teftimony that it is lb now upon the
ftatuteof 46 E. 3. v/herein it is exprefled,
that tout partes & tout gents, that is, all
people (hall have a copy of every record •,
and it enumerates feveral matters, as well
that againft the King as other people. This
is a general law ftill in force : My Lord
Stafford had a copy, and my Lord Stafford,
and the Lords in the Tower had copies of
their indidments. And, under favour,
I think it was never more neccffary than to
me, there never having been, perhaps, a
charge fo long and fo confufed. Now, my
Lord, I have a copy tranfcribed of this
ftatute.

(Shewing a paper.
/.. C. J. \Sir George Jefferies.'] We re-
member the law very well. Mr. Sidnev
did move for a copy of the indiclment, and
ihc court denied him then, and fo fhall'
now. And yet all this while we fhalldeny
you nothing that is law. You fhall have
the right that becomes a fubjed in your
condition. And we mufl: tell you, that
notwithftanding all that cafe we ought not
to have given you lb much favour (perhaps
in ftrlftnefsj as we did. And becaufe you
(lid particularly take notice of the cafe of
Sir Henry Vane lafl time, I will fhev/ you
the court did indulge more to you than was
done to that perfon. In Sir Henry Vane's
cafe, by the opinion of all the judges, it v/as
declared, that no copy ought to be given,
neither of the whole, nor any part of the
indidtment, except they fhew matter of law.
But your counfel, fince -you v/ent away,
moved for the copy of the indiftment; and
tofatisfy them, I directed the cafe that you
look nptice. of to H?^ read in the court. And

I thought th(»y had been fufficiently fatis-
fied. You had the indictment read to you
in Latin, which was denied in the cafe of
Sir Llenry Vane. And there is a later
cafe known to mod perfons here. By the
opinion of all thejudges of England, a copy
of the indi^iment was denied to my Lord
Rufiel. Therefore arraign him upon the
inci6lment •, -we muft not fpend our time
in dilcourfes to captivate the people.

Sidney. Is not this a good law, my
Lord ? [Holding out the paper.

L.C. y. You have the rule of the court.

]v\ix:. Wit bins.. Any thing the law ■ wilL
allow you you fhall have •, but I am fure if
you did advife with your couhfel, they mud
tell you the fame thing.

So the Clerk of the Crown called the
jury, and after feveral challenges, the
names of the jury vvere as follow,^

J u

John Amger
Richard White
William Linn
Lawrence Wood
Adim Andrews .
Emery Aiguife

R Y.

Jofias Cleike
George Glisby
Nidiolas Baxter
William Reeves
"W iHiam Grove, ,and
John Burt.

L.C. y. Look you, Gentlemen of the
Jury, there are fome gentlemen at the bar, '
as we are informed, arc apt to whifper to
the jury -, 'tis.no part~-of their duty ; nay '
'tis againfl their diity : And 'therefore, gen-
tlemen, if you hear any of them by you
that offer to whifper, or make cojnmerKs '
in this cauf?, as you are Upon ybOr oaths,
and I doubt not but will do your duty be-
tween the King and the prifoner; fo L
expeft if you hear the counfel fay any
thing, you will inform the court. Let us
have no remarks, but a fair trial in God's
name.

CI. o/Cr. You that are hvcrn look upon
the prifoner, and hearken to his caufe.

A COL LECTIO

He ftands indided by tlie name of Alger-
none Sidney, of, &c. (as in the indiclincnt;
your charge is to inquire, &c.

Then proclamation for evidence was
made.

Mr. Dolbcn. May it pleafe your Lord-
fhip, and you gentlemen that are fworn.
T.iiis is an indictment of High Treafon,
prevt:;ed againft Algernone Sidney, the
prifontr at the bar. Tlie indiftment fets
tbrrh, that he, as a falfe traitor againft our
moll illuttrious Prince,. Charles the Second,
his nuural Lord, not having the fear of
God in his heart, &c. on the thirtieth of
June, in tlie tliirty-fifth year of the King,
anti divert other days^ and times, as well
before as after, in the pariJh of St. Giles in
the Fields, in the county of Middiefex,
traiterouQy, with divers traitors unknown,
did cuiifpire the death of the King, and to
levy war v/ithin this kingdom. And to
complete thefe traiterous purpoles, did then,
and there maliciouny, adviledly and traite-
roufly, fend one Aharon Smith into Scot-
land, to excite fome ill difpofcd perfons of
that kingdom to come inio thi<:, and to
confiilt with the faid Algernone Sidney,
and other traitors, of and upon aflillance
from the kingdom of Scotland, to carry on
thote dcfigns. And the indidtnient fets
forth further, th;-: to periiiade.the people
of England it was lawful to raife rebellion,
the faid Algernone Sidney did caufe to be
written a falfe fcditicus libel, in which are
contained thefe Englifli vvords, " Tiie
power originally in the people of England
is delegated unto the Parliament. The
King is fubjefl to the law of God, as he is
a man to the people that makes him a
King. In as much as he is a King, the
law fets a meafure unto thr.t fubjecStion, &c."
(as in the indiflment.) This is laid to be
againft the duty of his allegiance, againft
the peace of the King, his crown and
dignity, and againft the form of the ftatutc
in ih.it cafe made and provided. If we

N OF T R lA L &

s^'r

I prove him guilty, we doubt not bi;t you
' will find it.

Mr. Jtt. Gen. [Sir Rohnt .^,7tojyt.] My
Lord, and you Gcntlenieu of the Jury, the
p ifoner at the bar ftands indifted of the
higheft crimes, the confpiring the death of
the King, and the overthrow of the Eng-
iilh monarchy. Gentlemen,, we fliall uie
this meihod in our evidence. We fiiaU
(hew by many vvitneffes, th,it thsre was a
defign of railing and making a rebellion
within this kingdom. For, gentlemen, you
muft take notice, and I think there is no
Englifliman but does believe, that for fe-.
veral years laft paft a defjgn was laid, and
i for tliat purpole fevcral fecret infinuations ■
were made ule of, and public libels fpread
abroad to pcrfuade the people, that the
Kinif was introducmg arbitrary power, that
he lubverted ail their rights, liberties, pro-
perties, and whatever was dear- to them..
They endeavoured to make the world be-
lieve the King was a Papift. And v;hen,
gentlemen, by fuch ftracagcnis they had
worked upon many incautious perfons,
when they thought they had gotten a fufR-
cient party, then there was a defign ot an
open riling (for they thought all things
were ripened) and that was to be in feveral
parts of the kingdom. Some perfons to
efl'e(ft this defign, were for a prelent affafli-
nation of the King. Others vvould do it in
a more fair and gentle way. They thought -
it belov/ perfons of that great quality as the •
prifoner is, and therefore were for doing it
by open force.

When we iiave given that general evi-
dence, we fliall then come to fliew yoiv;
what fliare and part the priloner had in this
dcf>gn. For certainly he was looked upon ■
as. a very eminent perfon, whole education
ahrosd, and former pradices at home had •
rendered him fit to advife and proceed in >
fuch aflfairs. We fliall prove when thefc--:
matters were ripe, this gentleman was of
the council of itate, of the fix ilut were to

manag^c

5??-3

A COLLECTION of ''£-R I A L S.

m:ina;xe tliis matter of the rifing. We
fliall Ihew tlie icveral coiilukations tlicy
held : One at Mr. Hambtlctr's lioule, ano-
tlver iit the hourcof my Lord Ruffch I'here
wc fnail acquaint you what deh;vtes they

the moft rebellious times th^r ever were in
England, tVom the late rebellion (I mull
needs uie that v.'ord notwithftanding the.
Acb of Oblivion, when a gentleman fliall
now attempt to do thole things for which

ha ; •, for tht-y aifted like very fiibtile men ; | he was pardoned then) and from other
and there ihey debated, whether the rifing I kingdoms, where rebellion hath been prof-
fl-rould he hi-ft ir. the country, or city, or ■ - - ■

iioth together. Tl;ey canie to ;i refolution
itfliould be in both plaajs at once. 1 htn
when thty had afTerted th:t point, tiiey
come to confider the time of rifing ; and
upon that they tliought St to call in aid of
Scotland firll ; and that was this gentle-
man's particular province. ' For he being
a man of creat fecrccy, was to fend an

perous againft Princes. Then he falls to
reafoning, and ufes great reaibn in the cafe,
that all the power of the Prince is originally
in the people, and applies that difcourfe,
that the power of the King was derivecl
from the people upon trult, and they had
already declared the King had invaded
their rights, and therefore he comes to
argue, they might alTume that original

emiflary into that kingdom, and invite ! power they had conferred. And he tells

fome perfons over to treat with them about
it. We fhall prove that an emiflary was
lent, and this gentleman gave him a con-
fiderable fum to bear his charges. We
IhdU prove that feveral Scotch gentlemen,
in purfuance of this refolve, came here to
treat with this great council of ftate, about
this affair : and fliall make it appear to you,
that as foon as ever the leaf!: difcovery of
this plot was, thefe perlons~ concealed
themfelves and withdrew, as the rert of the
plotters that have fled from juftice.

■Gentlemen, this was not enough for this
gentleman to confult on thefe feveral paf-
fages, but to demonftrate to the world, that
his head and heart were intire in this
fervice, and that he might carry it on the
more effeftually, he was at this very time,
when this emilTary was gone into Scotland,
preparing a molf feditious and traicerous
libel, we inftance in fome particular words
of it. But we fhall fhew you, that the
whole defign of this treatife is to perfuade
the peopje of England, that it is lawful,
nay, that they have a right to fet afide
their Prince, in cafe it appear to them, that
he hath broken the trutt laid upon him by
the people. Gentlemen, he does ufe in
that treatife feveral arguments drawn from

the King, that is no hard condition ; if he
thinks it lb, he fliould lay down his crown,
if not, he threatens the condition would be
exacted, or otherwife fhould be revenged
by thole he had betrayed ■, and who but
this gentleman and his confederates, that
thought himfelf not only able to govern
this nation, but many monarchies, fhould"
call him to account for it ? For he lays
down this principle. That though all the
people do rife againll their Prince, it is no
rebellion. The whole book is an argument
for the people to rife in arms, and vindicate
their wrongs. He lays it down, " That
the King has no authority to difTolve the
Parliament-, 'but 'tis apparent the King
hath diffolved many •, therefore he hath
broken his truft, and invaded our rights,"
And at lafl concludes with that pafTage laid
in the indidment, " We may therefore
fhake off our yoke -, for 'tis not a yoke we
fubmitted to, but a yoke by tyranny (that
muft be the meaning of it) they have im-
pofed on us."

Gentlemen, if we prove all thefe matters
to you, I doubt not you will do right to
the King and kingdom, and fhew your ab-
horrence of thofe republican principles ;
which, if put in pradice, will not only de-

' ftroy

A COLLECTION of TRIALS.

firoy the King, but the bcft monarchy in
the worlJ.

Sol. Gen. [Mr. Find.'] Pray call Mr,
Weft. [Who appeared.

Col. Sidney. I pray one word, my Lord,
before Mr. Weft be fworn, I liave heard,
my Lord, Mr. Wefb hath confeflfed many
treafons, i defire to know whether he is
pardoned, or no ?

L. C. J. 1 don't know that.

Col. Sidney. My Lord, how can he be a
witnefs then ?

L. C. J. Swear him : For I know no
legal objcflion againft him. He was a
good witnefs in my Lord Ruflel's trial.

Col. Sidney. My Lord, if another did not
except againlt him, 'tis nothing to me.

Mr. North. Pray give an account to the
court of what you know of a general infur-
reftion intended in England.

Col. Sidney. What he knows concerning
me.

L. C. J. We will take care of that, that
no evidence be given but what ought to
be.

Col. Sidney. It is ordinary that hefliould
fay any thing, unlefs it be to me and my
indidlment ? '

L. C. J. Mr. Sidney, you remember in
all the tryals about the late Popifh plot,
how there was firft a general account given
of tlie plot in Coleman's trial, and fo in
Plunket's, and others : I don't doubt but
you remember it. And Sir William Jones,
againft whofe judgment, I believe you
won't objeft, was Attorney at that time.

North. Mr. Weft, what do you know of
the general infurredion lately defigned ?

M^e^. My Lord, I have had the honour
to know Colonel Sidney feveral years ; but
I don't remember that I ever faw him from
the time I came acquainted with any part of
the confpiracy, till the difcovery that was
at the council.

North. Pray give an account of what you
know of the plot in general.

Vol. I. No. 25.

5S9

M-"efi. My Lord, in Oclober laft. Cap-
tain Walcot came to me, and told me that
I my Lord Shaftfoury had defigned an in'ur-
j redion in November ; I ufcd fome argu-
I mcnts to difluade him from it. But a little
! afterwards he came and told me, the thing
was wholly difappointcd, and then it wciu
off, and my Lord Shaftsbury went for
Holland. Colonel Rumley afterwards about
Chriftmas, faid there were lome Lords and
gentlemen intended to make an inlurredion .
The perfons were the Duke of Monmouth,
my Lord of EU'ex, my Lord Howard, my
Lord Rufltl, the prifoner at the bar, and
Mr. Hambden, jun. After fome time he
told me they had altered their meafurcs,
and were refolved not to venture upon an
infiirredion in England, till they had ;i
concurrency in Scotland. Afterwards I
was not privy to any thing elfe, but what I
had the report of from Mr. Nelthorp and
Mr. Fergufon. Mr. Nelthorp told me the

prifoner had faid

Col. Sidney. My Lord, I am very unwil-
ling to interrupt the gentleman— —

L. C. J. You muft not interrupt the
witnefs. Go on, Sir.

fVeft. Mr. Nelthorp told me, the pri-
foner at the bar had fent Aaron Smith into
Scotland, and given him a fum of money
to bear his charges, and fent letters to fome
Scotch gentlemen to invite them to town.
The letter bore a cant of fettling fome bu-
finefs in Carolina; but the bufinefs was co-
ming up about the infurredion. After this
Mr. Smith returned, and fome Scotch gen-
tlemen with him ; and foon after Mr. Fer-
gufon gave an account of that affair, and
faid, the Scotch propofed, if they might
have thirty thoufand pounds in ready mo-
ney, they would undertake to make an in-
furredion in Scotland, without the concur-
rence of England. Pie faid this propofal
was agreed to, and money would be foon
ready ; and he faid that Sheppard would
return the money. That the arms were
7 L ready

C O L L E C T I O

and my Lord of

Argyls

590 A

ready bought,

would go into Scotland, and head the
Scots. He told me when things were thus
fettled, fome difference arofe about raifing
the money -, and at laft he told me, my
Lord Grey did offer to raife ten thoufand
pounds out of his own eftate, if the reft
would pay their proportion. Then the
Scots came down to lefs, but that would
not be complied with. The places for the
rifing were Briftol, Taunton, York, Chefter,
Exeter, London. That there had been
lome debates, whether they fhould begin at
London, or the other places, and at laft it
was refolved they fhould begin at London
with the refl of the places.

My Lord, this was the account I had of
the matter in general of Mr. Fergufon ;
but he faid they were difappointed. After-
wards he told me, the prifoner at the bar,
and Major Wildman, were very inftru-
mental in working of it off, becaufe they
could not agree upon the declaration to be
made upon the inforrcftion. The Englifh
were for a common-wealth ; but the Scotch
gentlemen anfwered fairly, it might come
to it in time, but the noblemen there
would not agree to it at prefent. As to
the prifoner in particular, I know nothing,
and did never fpeak with him till fince the
difcovery.

Jet. Gen. Colonel Rumfey. [Sworn.

North, Pray, Sir, will you give the
court an account of what you know of
any infurreiflion intended, and how they
dtfigncd to carry it on.

Col Rumfey. My Lord, the latter end
of 0(^ober, or beginning of November, I
was defired by my Lord Shaftsbury to go
to Mr. Sheppard's, to know of the gentle-
men that were met there, what was done
about the rifing intended at Taunton ; and
1 had their anfwer, that Mr. Trenchard
had failed them, and tiiat it muft ceafe for
that time. That was all. at that time.

N OF TRIAL

Sol. Gen. "What elfe do you know of any
infurredlion .ifterwards ?

Col. Rumfey. After that we had feveral
meetings at Mr. Weft's chamber, where
we had divided the city into twenty parts,
and feven parts Mr. Goodenough had
brought an account of j the other thirteen
he faid nothing of; for he had not fpoke
with thofe that were to tell him how many
men they would afford. There was there
Captain Walcot, Mr. Weft, the two Good-
enoughs, Mr. Borne,Mr. Wade, and myfelf.

L. C. J. What was tUe refult of thofe
debates ?

Col. Rumfey. To fee what number of
men they could produce in the city for the
infurrcftion.

L, C. y. Was there a rifing defigned ?

Col. Rumfey. Yes,

L. C. J. And did thefe people meet ?

Col. Rumfey. There was no time fet.

Sol. Gen. When was the meeting ?

Rumfey. There were feveral meetings in
March, and April, and May.

Sol. Gen. After the meeting at Shep-
pard's i"

Rumfey. Yes, a great while. It ceafed,
I think, fix weeks or three months.

L. C. J. Who did you meet with at Mr.
Sheppard's ?

Rumfey. There was the Duke of Mon-
mouth, my Lord Grey, my Lord Ruffel,
Sir Thomas Armftrong, Mr. Fergufon and
Mr. Sheppard.

Sol. Gen. Who did you expedt fhould
head this army ?

Rumfey. That was never faid any thing
of.

Att. Gen. Who were to manage the ri-
fing .?

Rumfey. We that met there.

Att. Gen. Had you no expedation of
great men ?

Rumfey. Mr. Weft told me, and Mr.
Goodenough that there was a council, which,
were the Duke of Monmouth, my Lord

Effex,

A COLLECTIO

Efff X', my Lord Howard, Colonel Sidney,
Mr, Hambden, and. my Lord RuiTel, there
were fix.

L. C. y. What did he tell you of them
fix ?

RuDifey. He told me they were managing
a bufinefs with Scotland.

L. C. J. A bufinefs, pray fpeak plain,
tell all you know.

Col. Rumfey. For the infurreflion.

L. C. J. Say fo then, we know nothing
of the bufinefs you were about.

Col. Rumfey. My Lord, Mr. Weft had
that difcourfe with my Lord Howard I ne-
ver had ; he is more fit to fpeak to that
than me,

L. C. J. Speak your own knowledge and
no more.

Jonts. After the death of my Lord
Shaftsbury, who were the managers, and
were to carry it on ?

Col. Rumfey. I told you, Mr, Weft and
Mr. Goodenough did tell me the Duke of
Monmouth, my Lord EfiTex

Jtt. Gtti. He told you fo before. Do
you know there was an infurrcdion then in-
tended .>*

Col. i?«w/n'. ' Yes, becaufe we met to-
wards the management of it, the company
that met at Mr. Well's chamber, and other
places.

Att. G(n. What difcourfe had you with
Mr. Fergufon about it .''

Col, Rumfey. Not about thofe gentle-
men.

North. The next thing we ftiall fliew,.
ftiall be that the Scotchmen came to
town.

Col. Sidney. My Lord, I muft ever put
you in mind, whether it be ordinary to ex-
amine mtn upon indiftments of treafon
concerning me that I never faw, nor heard
of in my life.

L. C. y. I tell you, all this evidence
does not affetfl you,- and I tell the jury
fo.

N OF T R I A L Si fgi-

Col. Sidney. But it prepofies the jury.

Mr. Keeling called and fworn,

Jtt. Gen. I afk you in general, what you
know of the rifing to have been laft
fpring ?

Keeling. My Lord, it was fome time laft
fummer, Mr. Goodenough came to me,-
and brought me three papers numbered on
the back-fide ; I afked him to what end he
delivered them me .-' He told me, one was
for myfelf, and I was to deliver the other
two to whom I could truft in the two di-
vifions. I aflced him, what was the de-
fign ? He faid, to raife men ; fays I, Do
you defign a general infurredion .? He faid,
if he did not, if the King was taken off this
would do well ; for then people would
know how to have recourfe to a formidable
body. And I have heard him fay, that
Colonel Sidney, whom I don't know, had
a confiderable part in the management of
that affair.

ylct. Gen. We charge him with con-
fpiring, and there muft be confederates in
the cafe. Now then we come to the pri-
foner. We will call my Lord Howard, that
was one of the perfons that did confult.

The Lord Howard fworn.

Att. Gen. Pray acquaint my Lord and'
the jury of your knowledge, of what tran-
fadions there have been with the prifor.er
about this affair of the general rifing.

L. Howard. Truly, my Lord, in the
entering of the eviflcnce I am about to
give, I cannot but obferve, what a natural ■
uniformity there is in truth. For the gen-
tlemen that have been before, have fo
exadly inftanced, in every particular, with'
what 1 have to fay, that two tallies could
not more exadly fall into one another,,
though I confel's I had not feen their faces,

lili ••

592 A C O L L E C T I

nil the plcl brake our, for fonse months
before.

My L.ord, and Gentlcnicn of tlie jury,
About ^the tniddie of January !aH, h was
confuitrcd bv fomeof us that met togsther.
That it was vrry necefiary and trxped'ienc
to an entf rprize that had been " long in
Jvnd, and fallen flat then, that it fhould
be revived by fome confult or cilbalthat
fhould be fct up to give life to it, and go-
vfrnance to the motions of it. Tlie iirft
-(foi ought I know) movers of this, were
die Puke of Monmouth, the gentleman at
the bar, and myfcif : and there we did a-
grce, that we fhoold bethink ourfclves cf
Ibme ftw, we were vvilling it fliou^d not
exceed l:ve, at the, moft kven. This a-
greement being at firft between us three ;
I remember the Duke of Monmouth un-
dertr ok to engage my Lord Rufiel, and my
Lord Salisbury ; and this gentleman Co-
lone! Sidney for my Lord of EfTex, and
Mr. Hambdcn ; and tliefe being put to-
gether, did prefcntly conllitute a little ca-
bal, of as great a number as was intended.
This' being fettled among them, it was with-
in a few days after, I can't certainly tell
when, but between the middle and latter
end of January, that I was told. That the
perfons had agreed to enter into this con-
junction of councils ; and in order to that,
they had appointed a meeting at Mr.
IJambden's houfe, to which I was invited.
This in time was between the middle and
latter end of January, but I can't tell ex-
a6tty. When we came there, there were
all thofe gentlemen I before named, the
Puke of Monmouth, my Lord Efl"ex, my
L.ord "Rufl'el, Colonel Sidney, Mr. Hamb-
tlen, and myfelf. It was at Mr. Hamb-
dcn's houfe, which ranges on the fame row
with Southampton houfe : and being met,
Mr. Hambden, I fuppofe, did think it moft
properly belonged to him to take upon
him the part as it were to open the Scfllons,
,thai was, to give us a little account of the

O xN e F T R I A T. S

reafon, end, and intention of that meeting:
In which difcourfe, he took occaiion to re-
xapitulate fome defign, that had been be-
fore chiefly carried on by Lord Shaftsbury,
before this time dead ; and alio took no-
tice of the ready difpofition and inclination
of the minds of men to go. on with it ; and
did give one inftance of his judgment of it.
That it being a defign communicated to
io many, it had not been fo much as re-
vealed, or a murmur or a whifper gone
about it : from whence he took occafion to
tell us, that it was abfolutely necefl"ary for
the future, there fhould be fome council,
that fliould be as a fpring, a little to guide
and govern the motions of the reft, for that
there were divers things to be taken care
of, v/hich if not taken care of by parti-
cular perfons, would all mifcarry. This
was the fubftance of the prologue and in-
troduflion he made. From hence he made
a tranfition to fome particular things, that
he thought were moft principally to be ta-
ken care of. And though it is impoflible
tor me to remember the order and method
in which we difcourfed, or who faid this
or that, but that which the fenfe of all re-
fulted to was this : That fmce we did not
come prepared for it, we fliould confider
what were the things that would hereafter
challenge our particular care, that was the
time when, the places where, and the per-
fons by whom thefe things fhould be car-
ried on. This led into fome particular
difcourfe, concerning fome of thefe heads :
for the time; that it fliould be fiiortly, left
the minds of men fhould chill ; and then
as to the place where, whether in city or
country, or both jointly. In all thefe, fome
opinions were given, but not fettled to any
refolution, but they were committed to
our thoughts to be digefted afterwards.
But thefe being the things that every one
was to take upon his thoughts, there was
this pre-requifite to the undertaking, and
that was to confider what magazines were

A COLLECTION of TRIALS.

to be got ; and that led to anoilier parti-
cular, which was, wiih what they fliouKi
be gotten, and that was money ; and there-
upon was propounded a conlidcrabie luni
to be railed : and as I remember, tlie liim
propounded by the Duke of Monmouth
was twenty five thcufand pounds, or thirty
thouiand pounds. And then it was con-
fidcred; how it (hould be railed without
drawing obfervation or jealouly. Thefe are
only the heads that were then agreed on,
hereafter to be better conlidered. But the
prcfent relolution that was taken, was, th.it
before ffny proceedure was made in any of
thefe things, or any advance towards the
undertaking ; the firft thing to be confider-
ed, was, how to make a coalition of coun-
cils between Scotland, and what v/e were
doing here ; and for that purpofe, we
Ihould bethink ourfelves offome fit perfon ■
to be fent thither, to unite us into one fenfe
and care. This is as much as occurs to
my memory upon that meeting. About a !
fortnight or three v/eeks after, which I fup- |
pofe carried it to the middle of February i
next, we had another meetino;, and that
was at Southampton houfe at my Lord j
Ruflcl's, and there were every one of the 1
fame perfons ; and when we came there, j
there happened to fall in a difcourfe which
I know not how it came in, but it was a |
little warmly urged, and thought to be un-
timely, and unfeafonable ; and that 1 re-
member was by Mr. Hambden, who did
tell us, that having now united ourfelves
into fuch an undertaking as this was, it
could not but be expected, that it would be
a queftion put to many of us ; To what
end all this was ? where it was we intended
to terminate ? into what we intended to
nfolve ? That thefe were qucftlons he met
with i and it was probable, every one had
or would meet with from thofe perfons
whofe affillance we expected •, and that if
there was any thing of a perf jnal intereft dc
figned or intended, that there were but very
few of thofe, whofe hearts were now with
Vol. I. No. 25.

593

us but would fall ofi-": And therefore, fincc
we were upon fuch an undertaking, we
fliould ri fob e ourleives into fuch principles,
as (lioiild put the properties and liberties
of the people into fuch hands, as it fhould
not be eafily invaded by any that were
trufted with the fuprcme authority of the
land ; and it was mentioned to reiolve all
into the authority of the Parliament. Tliis
was moved by him, and had a 1 t;]e harfh-
nels to fome that were there ; but yet upt.n
the whole matter we generally coniented 10
it, that it was nothing but a public good
that we all intended. But then after that,
we fell to that which we charged ourfelv.s
with at the firft meeting, and that was con-
cerning fending into Scotland, and of fet-
ling an underftanding with my Lord of Ar-
gyle : And in order to this, it was neceifary
to fend a meflenger thither to fome perfons,
whom we thought were the moft leading
men of the intereft in Scotland ; this led
us to the infiiting on fome particular per-
fons ; the gentlemen named, were my Lord
Melvin, Sir John Cockram, and thr Camp-
bels ; I am fure it was fome of the alliance
of my Lord of Argyle, and I think of the
name. As foon as this was propounded,
it was offered by this gentleman, Colcnei
Sidney, that he would take the care of the
perlbn ; and he had a perfon in his
thoughts, that he thought a very fit man to
be entrufted ; one or tv;o, but one in fpe-
cial, and he named Aaron Smith to be the
man, who was known to fome of us, to
others not •, 1 was one that did know him,
and as many as knew him, thought him a
proper perfon. This is all that occurs to
me that was at the fccond meeting, and
they are the only confults that I was at.

Jtt. Gen. What was he to do ?

Lord Hoizard. Th.ere was no particular
dczd for him, more than to carry a letter.
The Duke of Monm.outh undertook to
bring my Lord Me'vin l.ither, bccaule he
had a paiticular dependance upon him, and
7 M I think

594

A COLLECTIOxN of TRIALS.

I think fome relation to his liidy : But to
Sir John Cockram there was a letter to be
f.-nt under the difguife of carrying on fome
bufincfs of the plantation in Carolina. This
letter I luppole was writ by my LorJ Rul-
fei (though I know it not) for lie v.'as per- j
fonally known to my Lord Ruflel, and J \
do not know that he was known to any of
us. About three weeks after this, then he
was difpatched I fuppofe.

JtL Gen. To what purpofe were thele
gentlemen to come up ?

I. on\ Howard. Tnefi were to acquaint
us how they found Scotland tempered, and
what opportunities or advantages there were
or might be of putting them into a commo-
tirin, and how men might be raif:d, and
how tliey would fall under Argyle, and alio
to keep time and place with us. After
this, I was with Colonel Sidney, when he
was go;>Tg into London, and he did take
<)Ut f.veral guineas, I cannot fell how much
it was, 1 fuppofe they might be about fixty,
and put them into his pocket (and fct me
down at my lodging) which he laid were to
give Aaron Smith ; whether he gave it or
no, I do not know ; ami after that he was
fcnt.
' Jil. Gen. Who told you fo ?

Lord Hoijard. Colonel Sidney, for I was
cjiquiring of him -, and he laid, he had not
i;cardof him in three weeks, or but once,
when he was about Newcaftle. After
this, 1 had occafi'jns that called me into
the country, and there I was. Some time
after that I went to the bath : And this is
ail [he account I can give.

Sol. Gen. Do you know that Aaron
Smiih did go r

Lord Ho-ivdfd. I know nothing but by
licarfay. Colonel Sidney told me he was
^one, and was upon the road, and he heard
ttxim him about NcwcalUe.

L. C- J. Did you underflanti by the dif-
courfc after he was gone, that he went in
puifuancc of that debate ?

Lord Hczvard. Yes, my Lord, that v/as'
the whole end of his going.

Jufl. Hltbins. I think you fiiy, that
gentleman (fpeaking of Colonel Sidney)
undertook to fend him ?

Lord Ho-joard. Yes, he did.

L. C. J. "Will yo,u afl-c him any quef-
tions ?

Sidfiey. I have no queflions to afk him.

y-y//. Gen. Silence You know the

proverb. The next ftep is to fliew you,
my Lord, that thefe perfons came up im-
mediately after Aaron Smith went down
thither, and according to that which was
laid to be the Ihadow and pretence of their-
coming hither, they pretended they came-
about Carolina bufinefs. Sir Andrew Fof-
ter and IVlr. Blathwaite.

Sir Andrew Fofler fworn-.

ylll. Gen. Pray, Sir, give an account>
what Scorch gentlemen came up lately.

Sir /'ndrcw Fojli-r. My Lord, about the*
end of the fj^ring, or beginning of fummer,,
as 1 remember, thefe gentlemen. Sir John =
Cockram, and Commiflary Monro, and the
two Cam[)bells father and fon, came up*
hither. I did not fee the father at all, but
I faw tiie Ion the day of the Lord Ruflel's
trial ; but the other two, 1 think, I faw a.
I little before the difcovery of the plot.
1 ylil. Gen. What did they, pretend they>
i came about. ?

Sir Andrew Fcfter. They pretended they^
came to make a purchafe in Carolina, and.
J faw their commiffion from the perfons faict
to be concerned in that defign.

L. C. J. Who do you fpeak of?

Sir Andrei-j Fvfter. Sir John Cockram-
and Commiflary Monro.

Alt. Gen. As foon as the rumour came
of the plot, what became of thofe gentle-,
men .''

Sir Andreisu Fofler. Sir John Cockram-
abfconded, but Commiffary Monro never;

abfconded,.

A COLLECTIG

abfconded, and the Campbels I heard were
feized changing their lodging from place to
place.

Mr. Atterbury fworn.

Att. Gen. Mr. Atterbury, will you give
my Lord and the jury an iiccount what you
know of thefe Scotch-men, their ablonding
and lying hid.

Alter. My Lord, upon the latter end of
June, or the beginning ot July^ the begin-
ning of July it was, I \yas lent for into Lon-
d£)n upon a difcovery of lome ScotchGentle-
raen that lay about Black-Friars ; and
when I came down, there, there, was the
Common Serjeant and lome others, had
been there before me, and found them
making an eicape into a boat.

Att. Gen. Who were they .?

Alter. Sir Hugh Campbel, and Sir John
Cockram, and one that was committed to
the Gatehoufe by the touncil as loon as
brouoht thither.

Att. Gen. We fhall end here, my Lord :
Mow long had they been in town ^.

Alter. They had been in town fomic little
time.

Alt. Gen. W'^e have done with this piece
of our evidence. Now, to fhew that while
this emiifary was in Scotland, at the fame
lime the Cotontl (which will be another
overt ad of the treafon) was, writing a trea-
ionable pamphlet. I will call you the wit-
nefles. It is all of his own writings. Sir
Philip Lloyd- ,

All. Gin. Sir Philip Lloyd, pray. will
you look upon thofe papers, and give ray
Lord and the jury an account where you
found them.

Sir rblip Lloyd. I had a warrant, my
Lord, from the Secretary by the King and
council, to feize Mr. Algernone Sidney's
papers, and purfuaat to it, I did go to his
hoiife, and luch as I found there I put up;

1 found

a. great

maay upon tlie. table,.

N o F T R I A L S. 59 -.

amongfl which were thefe, I fuppofe it 1=
w^here he ulually writes, I put them in a
pillow-bear I borrowed in the houfe, and"
that in a trunk ; I defired Colonel Sidney
would put his feal upon them, that there
Ihould be no miftake ; he refuled, fo I
took my feal, and fealed up the trunk, and
it was carried before mt to Mr. Secretary
Jenkin's office. When the committee fate, .
I was commanded to undo the trunk, and
I did fo, and found my own feal upon it.
And i took the papers out of the bag I put
them into before.

L. C. y. Was Col. Sidney prefent when
you feized thefe papers ? ■

Sir Pbil. Lloyd. Yes.

At-t. Gen. Are thefe fome of thofe p.i-
pers .''

Sir P/m'I. Lloyd. Yes, I verily believe it.

Att. Gen. In tlie next place, I think we
have fome papers of his particular aftaii-s
which will prove his hand. Call Mr.
ShepparJ, Mr. Cooke and Mr. Carey.

Mr. North. Sir Philip Lloyd, when were
they feized?

Sir Pbi/. Lloyd. Towards the latter end
of June, my Lord.

Jury-man. Which June ? "

Sir I'lnl. Lloyd. Lall: June.

Mr. Sheppard Iworn,

All. Gen. Pray will you look upon thofc
writings. (Shewing the libel.) Are you ac-
quainted with Col. Sidney's hand ?

Shep. Yes, my Lord.

Alt. Gen. L- that his hand writing .?

Sb'ep. Yes, Sir, I believe fo. 1 believe ■
all thefe- fhiCets to be his hand.

Att. Gen. How come ycu to be cc- ■
qUainted with his hand }

Sbep. I have feen him write the indorfe-.
ment upon f.'vcral bills of exchange.

Mr. Carvfworn.

Sidney,

-596 A C'OL^I^E C T I

Sidney. My I .ord, I dcfire you would
pleafe to confider tUia, that finiilitude of
liand's can h^ no evidence.

L. C. J. Relerve yourjclf till anon, and-
n-.a!;e all ilie/advanugeous remafks you
can.

Ait. Gen. Have you had any dealing
Avitii him ?

Cary. I never faw him write, to my
knowledge, more than ooQc iU; niy life, but,
1 Iiave iien his indorfement upon bilk, and
'tis very like that.

L. C. 'J. Do you believe it his hand, as
• far as you can guefs ?

Cary. My Lord, it is like what came to
me for his hand-v/iiting. ' y,y \^,-j'i •

L. C. y. Anil you belfeve it to be his
hand ?

Cary. Yes,

:]VIr. Cooke fworn, and tlie papers fhewn
hiiTi.

L. C. y. What fay you, Mr. Cooke ?

Cooke. My Lord, I did never fee Colonel
Sidney write, i)ut I have feen feveral notes
that have come to me with indorfement of
his name, and we have paid them, and 'tis
like to this.

L. C. y. And you were never called to
account for mil'payment ^

Cooke. No, my Lord.

yitl. Gen. I pray it may be read. "We
will read as much as is necelTary to prove
the indiiilment.

Col. Sidney. I pray it may be all read.

L. C. y. Mr. Attorney mud have what
part he defires read, and you fhall iiave
what part you will !iave read afterwards.

Col. Sidney. I defire it may all be read.

Att. Gen. Begin there. Secondly, There
was no abfurdity in this, becaufe it v/as
their own cafe.
Clerk reads.

adly. There was no abfurdity in tiiis, tho'
it was their own cafe ; but to the contrary,
Jsecaufe it was their own cafe; that is, con-

O N o'F TRIAL S.

cerning themfelves only, and they had no
fuperior. They only were the competent
judges, they decided their controverlics, as
every man in his own family doih, fuch as
arife between liim and his children, and his
fervants. This power hath no otlur re-
(triiftion, than what is put upon it by tlie
municipal law of the country, where any
man, and that hath no other force, than as
he is underlfood to have confented unto it.
Thus in England every man (in a degree)
hath a right of chaflifing them ; and in
n^any places (even by the law of God) the
malter hath a power of life and death over
his feivant : It were a moll: abfurd folly to
fay, that a man miglit not put away, or in.
fome places kill an adulterous wife, a dif-
obedieat Ion, or an unlawful fcrvant, be-
caufe he is party and judge, for the cafe
doth admit of no other, unlefs he hath
abridged his own right by entering into a
fociety where other rules are agreed upon,
and a fuperior judge conftituted, there
being none fuch between King and people:
That people mud needs be the judge of
things happening between tliem and him
whom they did not conftitute, that they
might be great, glorious, and rich ; but
that they might judge them, and fight their
battles ; or otherwife do good unto them,
as they flioukl direfl:. In this fenfe, he that
is fmgidis Mo.jor., and ought to be obliged
by every man, in his juft and lawful com-'
mands, tending to the public good : And
muft be fuffcred to do nothing againfl: it,
nor in any refpedl more than the law doth
allow.

For this reafon Brafton faith, that the
King hath three fuperiors, to wit, Detim.,
Legem, Q? Parliament' •., that is, the power,
originally in the people of England, is de-
legated unto the Parliament. He is fubjedt
unto the law of God as he is a man, to the
people that makes him a King, in as much
as he is a King : The law lets a meafure
unfo that fubjcdion, and the Parliament

judges

A COLLECTIO

judges of the particular cafes thereupon
arifing : he mull be content to fubmit his
iiitereft unto theirs, fince he is no more than
any one of them, in any other relpedt, than
that he is, by the confent of all, raifed
above any other.

If lie doth not like this condition, he
may renounce the crown ; but if he receive
it upon that condition, (as all magillrates
do the power they receive) and fwear to
perform it, he muit expeft that the per-
forinance will be exaded, or revenge taken
by thofe that he hath betrayed.

If this be not fo, I defire to know of our
author, how one or more men can come to
be guilty of treafon againft the KING, As
Lex facii ut fit Rea. No man can owe
more unto him than unto any other; or
he unto every ocher man by any rule but
the law ; and if he muft not be judge in his
own cafe, neither he nor any other by
power received from him, would ever try
any man for an oMence againft him, or the

law.

if the King, or fuch as he appoints, can-
not iudge him, he cannot be judged by the
ways ordiniirily known amongft us. If he,
or other by authority from him, may judge,
he is iud"e in his own cafe, and we fall
under that which he accounts the utmoll of
all abfurdicies : If a remedy be found for
this, he muft fay that the King in !iis own
cafe may judge the people, but the people
mult not judge the King, becaufe it is
theirs •, that is to U)\ the fcrvant entertain d
by the maiter may judge him, but the
maftir mull not judge the fcrvant, whom
he took only for his Ovvn ufe. 1 he m. -
giftrate is bound by no oath or contract lo
the people that created him, but the people
are bound to its own creature, the ma-
gi It race.

Thii feems to be the ground of all cur

author's follies ;.. he cannot comprehend

that nragillrates are for or by the people,

but makes .this conclufion, as if nations

Voi, I. No. 26.

N OF TRIALS. ^y

were created by or for the glory or pleaiurc
of magillrates, and affe£l fuch a piece of
nonfenle ; it ought not to be thought
llrange, if he rcprcfent, as an abfurd thing
that the headlefs multitude may lliake off
the yoke when they plcafe. But I would
know how the multitude comes under the
yoke, it is a badge of flavery. He fays,
that the power of Kings is for the preier-
vation of liberty and property. We may
therefore change or take away Kings with-
out breaking any yoke, or that made a
yoke which ought not to be one -, the in-
jury is therefore in making or impollng,-
and there can be none in breaking it.

That if there be not an injury, there

may perhaps be an inconvenience i if the

headlefs multitude may fliake off the yoke,

I know not why the multitude fhould be

concluded to be headlefs •, it is not always

fo. Moles was head of the multitude that

went out of Egypt.. Othniel led them

againft the King of Mefopotamia, under

the condudt of Phcebidas ; they obtained

a viftory againft the Moabites, they had

the lilte fuccefs under Shamger, Barac, Gi-

I deon, Jephtha, Samuel, Sampfon, and

others againft the Canaanires, Midianites, .

I Philiftines and others •, the multitude that

oppofed Saul and Ifhboflieth had David for

I its head ; and the ten tribes that rejefted

Reoboan chofe unto themll-lves Keoboam ;

I the Athenians rifing againft the Thirty

I Tyrants had Thrafybulus ; thole that drave

I from Thebes were conduced by Pe-

; Ijpidas : When the Romans drave out the
j I'arquins, they chofe Brutus and Publicola,
and they dellroyed the Decemviri uniier
Horatius and Valerius. All the multitudes
that afterwards revoltc-d from them under
Mauritius, Telerius, 5partanus and others, .,
were not headlefs -, and we know of none
that were, but all cither found, iieads, or
made them. The Germans fet up Ar-
minius ; the Britains, and.others in later

times,
7N.

S9^

O L L E C T I O N f T R' I A L S.

.times, ihc Cartinian?, that role againfti
.Pcter the Cruel, had tha Lord Detrafta'
Mara. ' ' -. ' ' '"'

The French when they -grew weary of
•the corrui-ted races of Pharamond and'
Pepin, and the fame Pepin and Hugh I
Capet : The Scots, when they flew James
111. had hjs Ton to be their head, and
when thev dcpofed and. imprifenedQueen
Mary, the Earl of Murray and. others flip-
plied thewanc of age that was dn her fon :
And in all the revolutions we have hiid in
England, the people have been headed by
jhc Parliament, or the nobility and gcOf'T
that compokd it ; and when the. Kings
failed of their duties,. by their own authority
called it.,. The multitude therefore is not
.ever headlefs, but doth either find or create
heads unto irfelf, as occafion doth require -,
and whether it be one man, or a few, or
more, for a fliort or a longer time, we lee
nothing more regular than its motions.
•But th;y may, faith our author, fliake off
the yoke •, and v/hy may thty not, if it
prove uneafy or hurtful unto them ? Why
(liould not the Ifraelites fliake off the yoke
of Pharaoh, Jabin, Sil'era, and others that
opprcfTcd them .''

When pride had changed Nebuchad-
nezzar into 3 beafl-, what fliould perfuade
the AlTyrians not to drive him out amongft
beafts, until God had reftored unto him
the heart of a man ? When Tarquin had
turned the regal monarchy of Rome into a
moft abomin-ibie tyranny, why fiiould they
•not abolilh it? And when the Proteflant.s
of the Low Countries were fo grievoufly
opprefled by the power of Spain, under
the proud, cruel and favage condudt of the
Duke of Alva, why fiiould thty not niake
.ufe of all the means that God had put into
•their hand for their deliverance ? Let any
■man who fees the prtfcnt ifate of the pro-
.vinccs that then united thcmfelves, judge
whether it is better for them to be as they
iire, or in the condition unto which his

fury would have reduced them, unlefs they
ilfad,- to pleaffe him, renounced God and
their' religion : Our author may fay they
ought to have fuffered : The King of Spain-
by their refiftance loft thofe countries ; and
that they ought not to have been judges in
their own cafe. To which I anfwcr, that
by refifting they laid the foundation of
many churthes, that have produced mul-
titudes of men, eminent in gifts and
graces -.-'and eftablifhed a mofl: glorious and
happv commonwealth, that hath been fince
its firft beginning, the ftrongeft pillar of
the Proteftant caufe now in the world, and
a place or refuge unto thofe who, in all
parts- of Europe have been opprefled for
the name of Chrift : Whereas they had fla-
vilhly, and, I think I may fay, wickedly
as well as fooliflily, fuffered themfclves to
be butchered, if they had left thofe empty
provinces under tlie power of antichrilt,
where the name of God is no otherwile
known than to be blafphemed.

If the King of Spain defired to keep his
fubjefts, he fhould have governed them
with more juftice and mercy ; when, con-
trary unto all laws both human and divine,,
he fceks to deftroy thofe he ought to have
preferved, he can blame none but himfclf,
if they deliver themfclves from his tyranny:
And when the matter is broiight to that,
that he mufl not reign, or they over whom
he would reign, mull perifli ; the matter is
eafily decided, as if the queftion had been
afl<cd in the time of Nero or Domitian,
Whether tJiey iliould be left at liberty to
deftroy the beft part of the world, as they
endeavoured to do, or it fhould be refcued
by their deftruclion ? And as fbr the peo-
people's being judges in their own calV, it
is plain, they ought to be the only judges,
becaufe it is their own, and only concerns
themfelves.

A'i. Gen. The latter end, the laft fliect
of all. § 25.

L.C.J. The

A COLLECTION of TRIALS. 5-9

general difgufl: of the nation, the impofaig

L. C. J. The argument runs through the
book, fixing the power in the penpl.-.

CI. of Cr. The general levolt of a nation
from its own magiflrates, can never be
called rebellion.

^li. Gen. §. 37.

€1. cf Cr. The power of calling and dlf-
fclving Parliaments is not in the King.

/Itt. Gen. So much we Ihall make ufe of;
if the Colonel pleafe to have any other part
read to explain it, he may.

I'hen the fl:ieets were fnewn to Colonel
Sidney.

Col. Sidnp.y. I do not know what to make
of it, I can read it.

L. C. y. Ay, no doubt of it, better than
any man here, tix on any part you have
a mind to have read.

Col. Sidney. I do not know what to lay to
it, to read it in pieces thus.

L. C. J. I perceivp you have difpofed
them under certain heads : To what heads
will you have read }

Col. Sidney. My Lord, let hini give an
account of it that did it.

Att. Gen. My Lord, we will not delay
Col. Sidney from entering on his defence,
only we have this piece ot evidence to give
further. One of his complices was my
Lord RufTel, we will give in evidence his
conviction. We will only ads; my Lord
Howard, Was your Lordfliip fworn as a
witnefs at the trial of my Lord RuITel ?

L. Howard. Yes.

Att. Gen. Whether or no, when you met,
were there in thofe debates any refleftions
upon the King, that he had broken his
duty ?

L. Howard. Not that I remember.

Mtt. Gen. Why would you rife ?

L. Howard, If you mean upon the mif-
government, not perfonally upon the
King?

yitt. Gen. Ay.

L. Howard. Yes, and principally and
chiefly that, which we thought was the

upon the city at that time.

Jvft. H^jtlins. That was complained of
at that time ?

L. Howard. Yes, my Lord, we took it
all along to be the chief grievance.

L. C. J. Have you any more witneflfes ?

Att. Gen. Only the record.

Sol. Gen. I know there is no time mifpent
to make things clear. If the jury have a
mind to have the words read again —

L. C. J. If they have a mind, let it.
Then Mr. Trinder was fworn, and
teftified it to be a true copy of the
record, and laid he examined it at
Fiilimongers-hall with Mr. Tanner.
Then the record of the conviclion of
the Lord RulTcl was read.

L. C. J. What will you go to next, Mr.
Attornev.

Sol. Gen. We have done, unlefs the jury
defire to have the words of the libel read
again. [But they did not.

Col. Sidney. My Lord, I defire to know
upon what llatute I am indicted.

Att. Gen. My Lord, I will give as plain
an anfwer, you are indicted upon the old
ftatute of 25 Edw. 3.

Col. Sidney. Then I defire to know upon
wliat branch of that ftatute ^

Att. Gen. Why, I will acquaint you,
'tis upon the firft branch of that ftatute,
for confpiring and compafling the death of
the King.

Col. Sidney. Then I conceive, what doe?
not come within that, does not touch
me,

Att. Gen. Make what inferences you
pleafe. Colonel, we will anfwer you.

Col. Sidney. I defire to know wJiat the
witneffes have fworn againft me upon that
point ?

/Jtt. Gen. Go on, you have Iicard the
witnenes as well as we.

L. C. J. He fays, you are indicled upon
the ftatute of 2j Edw. 3. which ftatute

makes

6CQ

A 'COLLECTION or TRIALS.

makes it High-Treaion to confpire the
death of the King, and the overt-act is fuf-
riciently kz forth in the indiiilimcnt ; now
the queftion is, whether 'tis proved ?

Col. Sidii y. They Iiavc proved a paper
found in my lludy of Caligula and Nero,
that is coinpaffing the death of the King,
is it ?

L.C.J. That! fhall tell the jury. The
point in law you are to take from the
court, gentlemen : Whether there be faft
fufficient, that is your duty to confider.

Col. ^idnny. I fay, my Lord, that fince
I am mdicted upon that ftatute, I am not
to take notice of any other. I am indidted
for confpiring the death of the King, be-
caufe fuch a paper is found in my houfe ;
under favour. I think, that can be nothing at
all to me. Forthough SirPhil. Lloyd didafl-c
mc, whether I would put my leal to it, he
did not afk me till he had been in my clolet,
and I knew not what he had put in, and fo
I told him I would not do it. Then come
thefc gentlemen upon fimilitude of hand?.
jNly Lord, we know what fimilitude of
hands is in this age. One told me within
ihcfe two days, that one came to him, and
offered to counterfeit any hand he Ihould
ihew him in half an hour. So then, my
Lord, 1 have nothing to lay to thefe papers.
Then for point of witnefs, I cannot be in-
dic^.ed, much Ids tried or condemned on
25 Edw. 3. for by that a6l there muft be
two witncifes to that very branch unto
v/hich the treafon does rclatt% v/hich mult
be dillinguilhed. For the levying of war,
and confpir.ng the death of the King, are
two diftmCt things, diftinft in nature and
rcafon,. and fo diitinguiflied in the ftatute.
And therefore the confpiring the death of
the Ki.ng is.treaibn, and the other not.
I Edw. 6. 12. 5 Edw. 6. 1 1. does exptefsly
fay, there muft be two witnefics to. tidier
ot thcl'e adts. Now here is my Lord
Mo ward, (1 have enough to fay of him by
fend by) 'Tis l;e only who fpeaks of fix

j men, whom he calls a feled; council, and

\ yet feleded by no mjan in the world. I de-

I fire to know who fclecSted my Lord Howard i"

I Who fclecfed m>e .'' If they were fciefted by

no boiiy, 'tis a bull to fay they were a

feled council. If they were not fele<5led,

but erected themfelves into a cabal, then

they have either confidence in one another,

or fijid they are near equally able to anift

in chedefign. Here is nothing of all this,.

Thefe fix men were ftrangers to one

another. For my own part, I never fpake
with the Duke of Monmouth above three
times in my life, and one time was when
my Lord Howard brought him to my
houfe, and cozened us both. He told the
Duke I invited him, and he told me the_
Duke invited himfelf, and neither of them
was true. Now that fuch men as thefe are,.,
njt hardly knowing one another, (houki
prcfently fall into a great and intimate
{ friendfliip, and cruft and management of
kich a bulinefi as this is, is a thing utterly
[ improbable, unleis they were mad. Now
I do find in my Lordiloward's depofition
againll; my Lord Ruflel, that they were in
profccution of my Lord Shafobury's defign ;
and yet he acknowledges the Duke of Mon-
mouth laid he was mad, and he himfelf laid
lb too. Now that they fliould join with,
four more in the profccution of the deiign
cf a madman, they muft be mad too.
Now whether my Lord Howard would have
you think he was m.ad, becaufe a madman
cannot be guilty of treafon, I cannot tell.
My Lord Howard in his lall depofition at
my Lord Ruird's trial, fixes the two meet-
ing.s, one about the middle of January, the
other .rcn days after: Now he fixes one to
be the latter end of January, the other the
mid'.lle of February. Then he makes it to
be the profccution of my Lord Shaftsbury's
defign. I do not find that any one there
had i.ny tf.ing to do with my Lord Shaftf-
bury,, for my part I had nor. I had not
Icen his face in two years. Then, .my

Lord J

A COLLECTION op TRIALS.

6oi

Lord, that I go upon is, whatever my
Lord Howard is, he is but one witnefs.
The law of God, and the law of man, un-
derftood and taken by all men, does require
two witneiles ; Mofes fays fo, fo the Apof-
tles the fame after him, and Chrift fays the
fame. That every matter is to be eftablilh-
ed by two witnefies. There ought to be
two witneflcs to the fame thing. Now for
one to come and tell a talc of a tub, ot an
imaginary council, and another of a libel,
a paper written nobody knows when, is
fuch

a thing.

you never can go over it.

But if the law of God be, that there muft
be two witneflcs to the fame faft, there is
an end of this matter. And under the ju-
dicial law, the penalty would be in this
cafe, to put a man to death. Now here
there are but two things, which if allowed
of, nobody will be fafe for perjury. The
one is to fuffer men to give their teftimony,
one to one thing, and another to another,
that the fraud cannot be difcovered ; and
the other is to take away the puniflimcnt.
Now the punifhment is taken away in feme
meafure : And do but take away the other
point, whereby the fraud cannot be dif-
covered ; and then there is no defence can
be made. That both witncffes fhould be
to the fame point ; fee the (tory of Sufanna.
Two elders teftified they faw her in the aft
of adultery : They were carrying of her to
death -, both of them laid the fame thing ;
until they were taken afunder and exa-
mined, the fraud was not difcovered ; and
then one faid, (he was under a tree of the
right hand, and the other, under the tree
on the left ; and {he efcaped, and they
■were puniflicd. But now if you apply it
to fcveral fadts, my Lord Howard may fay
what he pleafes, and if another fhall come
with a fupplemental proof, no juftice can
be had. But, my Lord, I defire this, if
there be two witneflcs to prove the con-
fpiracy, and in that there were thole matters
done that are treafon, I muft anfwcr to it ;
Vol. I. No. 26.

but if there be not, I prcfume, I need fay
nothing to it. if you do not allow it me,
I dcfirc counlel to argue it.

I.. C.J. That is a point of fad, whether
there be two witnefics ^ I tell you before-
hand, one witnefs is not fufRcicnt.

Col. Sidnty. Why then there is my Lord
Howard, and never another.

L. C. J. Nay, do not make thofe in-
ferences ; I will tell the jury, if there be
not two witnelTes as the law requires in this
cafe, they ought to acquit you.

Col. Sidney. You confound me, I cannot
ftir. You talk of a confpiracy •, what is a
confpiracy to kill the King ? Is there any
more witnefTes than one for levying of
war ?

L. C- J. Pray do not deceive yourfdf ;
you muft not think the court and you in-
tend to enter into a dialogue. Anfwer 10
the fa£l ; if there be not fufficient faft, the
jury will acquit you. Make what anfwer
you can to it.

Col. Sidney. Then I fay, there being but
one witnefs, I am not to anfwer to it at
all.

L. C. J. If you reply upon that, we will
direct the jury prefencly.

Col. Sidney. Then for levying war, what
does any one fay ? My Lord Howard, let
him if he pleafe, reconcile what he hath
faid now, with what he faid at my Lord
Ruflel's trial. There he faid, he faid all he
could ; and now he has got I do not know
how many things that were never ipoken
of there. I appeal to the court, whether
he did then fpeak one word of that, that he
now fays of Mr. Hamden. He lets forth
his evidence very rhetorically, but it does
not become a witnefs, for he is only to tell
what is done and faid, but he does not tell
what was done and faid. He fays, they
took upon them to confider, but does not
fay what one man faid, or what one man
refolved, much lefs what I did. My Lord,
if thefe things are not to be diftinguiflaed,
7 O ' but

6o2

A COLLECTION of TRIALS.

bin fliall be jumbled all up together, I con-
fefsl do not know what to fay.

L. C. y. Take what liberty you pleafe.
If you will make no defence, then we will
dired the jury prefently. We will direifl
them in the- law, and recolledt matter of fadl
as well as we can.

Sidv.sy. Why then, my Lord, I defire the
law may be referved to me, I dcfiie I may
have counfel to that point— of there being
but one witnefs.

L. C J. That is a point of fa£l. If you
can give any teftimony to difparage the
witneis, do it.

Sidney. I have a great deal to that.

L. C. J. Go en to it then.

Sidney. Then, my Lord, was there a war
levied ? or was it prevented .'' Why then, if
it be prevented, it is not levied ; if it be not
levied, it is not within the ftatute ; fo this
IS nothing to me.

L. C. J, The court will have patience to
hear ; but at the fame time I think it is my
duty toadvertiie you, that this is but mil-
fpendingof your time. If you can anfv\er
the fad, or if you have any mind to put any
ciifparagement upon the witnefTes, that they
are not perfons to be believed, do it, but
do not ask us queftions this way or the
other.

Sidney. \ have this to fay concerning my
Lord Howard : He hath accufed himfelfof
divcrstreafons, and I do not hear that he has
iiis pardon of any : he is under tlie terror of
thole treafons, and the punifliment for
them •, he hath lliewn himfelf to be under
that terror : He hath laid, t!iat he rould not
get his pardon, until he had done fome
oti'ier jobbs, till he was pait tliis drudgery
<;ffweaHng: Tiiat is, my Lord, that he
h;)ving incurred the penalty of high-trea-
fon, he would getliis own indemnity by | could-. Now he did face it out bravely

lent him in time of his great neceffity •, he
made fome covenants with me for the pay-
ment of that money, which he hath broken j
and when his mortgage was forfeited, and
I fliould take the advantage the law gives
me, he finds out a way to have me laid up
in the Tower : He is a very fubtle man ;
at my Lord Ruflel's trial he carried his
knife, he faid, between thfc paring and the
apple i and fo this is a point of great nicety
and cunning, at one time to get his own
pardon, and at the fame time to fave his
money. Another thing, my Lord, is,
when I was prifoner, he comes to my houfe,
and fpeaks with my fervant, antl fays, how
lorry he was that I Ihould be brought in
danger upon this account of the plot, and
there he did in the prefence of God, with
hands and eyes lifted up to heaven, fwear
he did not believe any plot, and that it was
but a fham ; and that he was confident if I
had known any thing, I would have told it
him.' He hath faid fomewhat of this before^
I have feverai witneflesto prove both. He
was defirous to go further, and he would
not only pay my debt by his teftimony againll
me, but he would liave got my plate and
other goods in my hands into his hands,
and he defired my man, as a place of
truft, to put them into his hands. And
the next news was, that there was a war-
rant againfi my Lord Ruflel and me.
But then, my Lord, he made other affirma-
tions in the fame prefence of God, that I was
innocent in his opinion, and he was confi-
dent of it; for if he had knov/n anv thine;
of it, hd would have told it. Now 1 know,
in my''Lx)rd Ruffel's cal'e, there was Doc-
tor Burnet faid fomethin* like it. And
when he came to anfwerit, he faid he was
to face it out, and make the bcft of it lie

dcilroy.T.g other?. This by the law of God
and man, I think, deftroys a man's tefti-
mony Befidcs, my Lord, he is my debtor,
he owes me a tonOdtt-able fum of money I

againll God, but he was very timorous of
man. So that my Lord, he does fay at the
fame time, at my Lord Rufiel's trial, u[)on
his oath, that he did believe that the religi-
o-us obligat-ion of a.aoath, did not confift in

the

COLLECTION of TRIALS. 6cr^

the formality of applying it to the place,
&c. but in calling God to vvitnefs. So
that when he did call God to wicnefs before
Doflor Burnet and my fervant, and others,
and this is not confident with the oath he
has taken here, as the gentleman laid at my
Lord Ruflel's trial, unlefs he has one foul
in court, and had another at my houfe,
thefe things are inconfillent, and cannot be
true; and if he fwear both under the reli-
gion of an oath, he fwears himfelf perjured.
Then, my Lord, he talks of Aaron Smith,
what have I to do with Aaron Smith ? He
fays, I fent him ; my Lord, there is no body
elle fpeaks a word of it. Then by a ftrange
kind of conftrudtion and imagination, thty
will have ir, that fome papers here, which
are faid to be found in my ftudy, have re-
lation to this plot, as they call it ; I know
of none, nor am in none. Now, my Lord,
I am not to give an account of thefe papers,
I do not think they 'are before you, for
there is nothing but the fimilitude of hSnds
offered for proof. There is the like cafe of
rny Lady Carr fome few years ago: She
was indiifted of perjury, and as evidence
againft her, fome letters of hers were pro-
duced, thai were ccntrary to v/hatfhe fwore
in Chancery, and her hand was proved -, that
is to lay, it was like it : But my Lord
Chief Jiiflice Ktiling direfts the jury, that
though in civil cauTcs it is a proof, yet it is
the fmalleft and lead of proofs; but in
criminal cafes it was none at all. So that
my Lord Howard's tcftimony is fingle ; and
what he talks of thofe two bufineffes that he
calls a consult",' and Aaron Smith- is de-
ftr'oyed by want of proof. What could fix
m'en do ? can' rny Lc):d Howard raife five
men by his credit r by his puric i* Let him
fay as much for me, wjth all my heart • for
iiVy part'l'do-nbf know'where to rcfifc' five
men. That fuch n^.cn as wc are, that have
no followers, fnbuld undertake fovafi- a de-
fign, is very u'lititteVy : And this gr<^3t' de-
fign that "Cvas carried on thus, it had nei-
tlicr officers ncr fjidiers, no place, no time,

no money for it. That which he faid lad
time, which he forgot now, he talked of
twenty five, or thirty-thoufand pound, but
no man knew where it was to be had, but
lafl: time he faid, it was fpoken in jefl:. Now
this is a pretty cabal, that fix men flioulci
meet about a bufinefs, and they negieft
every one of the points relating to the thing
they met about, make no fiep about the
bufinefs, and if any one did fpeak ot ir, it
was but in jeft. This is a very deep main-
taining of the plot. Then, my Lord, as
to thefe papers, I do not think, I am. to give
any account of them, I would lay nothing
to the difparagement of Sir Philip Lloyd,
I never faw him till he came to my houfe,
but yet I fiy he is the King's officer, and
when I am profecuted at the King's fuit, [
think he ought to be no witnels. The
governmeEt of France is violent and ablo-
lute ; but yet a few years ago, a minider of
ftite had his papers taken from him, and
abundance of them had dangerous plots
againft the King in them ; but becaufethey
were inventoried in his officers preience, or
thofe deputed by him, there was no ufe
could be made of them, it was an irrepa-
rable fault in the procefs, and that favcd
him. The fimilitude of hands is nothing : '
We know that hands will be counterfeited,
fo that no man Ihall know his own hand. •
A gentleman that is now dead, told me,
that my Lord Arlington about five years
ago, defired him to write a letter, and feal •
it as well as he could ; he writ it with care,
and fcaled it with a wafer and wax upon it,
and within a fe-v days, my Lord Arlington '
brought him five letters, and he did not
know which was his oun. The Attorney
Ihews thefe pap;TS to me, I do not know
whedier they are rr.y own or no ; but thefe
very papers, fuch as they are, do abhor as
much as any one can, fuch a defie-n. Look
upon thtm, you fee they arc all oki ink.
Thefe pupcrs may be -writ perhap.s, ilicfc
twenty years, the ink is lo old. But my-

Lord,

'6d4- a COLLECT!

Lord, it is 3; polemical ciilcourfe, it fcems
to be an anfwcr to Filaiar, which is not
calcuhted for any particular government in
the worid. : Ii goes only upon thefe general
principles, that according to the univerl'al
law of God and nature, there is hut one go-
vvernment in the world, and that is entire
.and abfolute ; and that the King can be
bound by no law, by no oath, but he may
raake all laws, and abolifh them as he
pleaics : And this whether of age or no,
a man, or a child of fenfe, or out of his
-fenl'e. Now, my Lord, what if any man
in hiscabinet fliould have written this book ?
Then he has another principle, he fays, it
is the fame thioQ- whether a King come in
by eledion, by donation, by inheritance, or
aifiirpation, or any other way ; than which,
I think, never was a thing more defperately
fajd. Cromwell, when one White a prielt
wrote a book, wherein he undertook to
prove, " That pofTcffion was the only right
»to power," though he vjsls a tyrant, and a
violent one, (you need not wonder I call
him tyrant, I did fo every day in his life,
and aiXcd againft him too) it would be fo
odious a principle, he would not endure it,
and he ufed him very flightly for it. Now
this Filmar, that no man muft write againft,
13 the man that does aflert it, that it is no
matter how they come by their power ; and
£i.ves the fame power to the worft ufur-
pers, as tliey that moft rightly come to the
crown. By the fame argument, if the er-
ranteft rafcal of Ilrael had killed Mofes,
-David, &c. and feized upon the power,
hehad been poflelTed of that power, and
been father of the people. If this be doc-
trine, my Lord, that is juft and good, then
I confcfs it may be dangerous for any thing
to be found in a man's houfe contrary to it ;
but if a Commoner of England write his
prtfent thoughts, and another man looking
^n his book writes his prefent thoughts of
;it;, what great hurt is there in it ? And I

ON OF TRIALS.
ask Mr. Attorney how many years ago tliat
was written ?

L. C. J. I do not know what the book
was in anfwer to. We are not to fpeak of
any book that Sir Robert Fiiniar ViTote,
but you are to make your defence, touching
a book that was found in your ftudy, and
fpend not your time, and the court's time,
in that which ferves to no other purpofe,
than to gratify a luxuriant way of talking
that you have. We have nothing to do
with his book, you had as good tell me
again, that there was a parcel of people
rambling about, pretendmg to my Lord
Ruflel's ghoft, and fo we may anfwcr all the
comedies in England. Anfwer to the mat-
ter you are indifted for. Do you own that
paper ?

Sidney. No, my Lord.

L. C. J. Go on then, it does not become
us to be impatient to hear you, but we
ought to advertifc you, that you fpend not
your time to no purpofe, and do yourfclf an
injury.

Sidney. I fay firft, it is not proved upon
me : And fecondly, it is not a crime if it
be proved

L. C. J. You began very materially in
one thing, it is material for you to apply
yourfelf to take off the credibility of my
Lord Howard that is a witnefs ; call your
witnefTes to that purpofe, or if you have any
other point to take away the credibility of
any other witnefs.

Sidney. My Lord, I have feven or eight
points of law.

L. C. J. I hear not one yet.

Sidney. Why, my Lord, confpiring to
levy war is not treafon, and I dcfire to have
counfel upon that.

L. C. y. It is not a queftiou, you had as
good ask me whether the fifft chapter in
Littleton be law ?

Sidney. My Lord, I have neither made
war, nor confpired to levy war.

L. c y.

A COLLECTIO

L. C. J. You are ftill in a miftake, you '
fliall not tliink that we intend to dialogue
\vit!i you, to let you know how far. the
proof hath been given or not given, but ;
when we come to direfl the jury, then we
fhall obferve how far the law requires there
fhould be two witneflcs. But whether
there be fuch a proof, that mult be left to
Uiejury. j

Juft, IFithins. If you agree the confpi-
racy, I will tell you my mind of it j I can-
not give you my opinion in law, till the |
facT: be ftated. j

L. C. y. The law always rifes upon a
point of fadl ; there can be no doubt in |
point of law, till there be a fettiement in ;
point of fa£t. j

Juft. liolloway. My Lord has put you !
in a right way : The confpiracy is proved \
but by one witnefs, if you have any thing,'
to take off his credibility, it is to the pur- 1
pole. j

Sidney. Truly, my Lord, I do as little :
intend to mif-fpend my own fpirit, and your I
time, as ever any man that came before ;
you. Now, my Lord, if you will make a \
concatenation of one thing, a fuppofition '
upon fuppofiticn, I would take all this ■
afunder, and fliew, if none of thefc things
are any thing of themfelves, there can be
nothing joined together. j

L. C 7- Take your own method, Mr. I
Sidney, but I fay, if you are a man of low '
fpirits and weak body, it is a duty incum- '
bent upon the court, to exhort you not to
fpend your time upon things that are not '
material.

Sidney. My Lord, f think it is very ma-
terial, that awhimfical imagination of a
confpiracy, fliould not pafs for a real con-
fpiracy of the death of the King ; bcfides, ;
if thefe papers were found in my houfc, it ;
is a crime created fmce my imprifonment, i
and that cannot come in, for they wtrei
found fmce. My Lord, if thefe papers are
ric,ht, it mentions two hundred and odd

>X)L. L No. 26, !

N OF T R I A L S. 6o^

flieets, and thefe fiiow neither beginnino-
nor ending ; and will you my Lord, in-
dict a man for treafon, for fcraps of paper
found in his houfe, relating to an ancient
paper, intended as innocently as any thincr
in the world, and piece and patch this to
my Lord Howard's difcourfe, to make this
a contrivance to kill the King ? Then, my
Lord, I think it is a right of mankind, and
it is exercifed by all fludious men, that they
write in their own clofets what they pleale
for their own memory, and no man can be
anfvverable for it, unleis they publidi it.

L. C. y. Pray do not go away with that
right of mankind, that it is lawful for mc
to write what I will in my own clolet, unlefs
I publifh it ; I have been told, curfe not
the King, not in thy thoughts, not in thf
bed-chamber, the birds of the air will carry
it. I took it to be the duty of mankind to
obferve that.

Sidtiey. I have lived under the inquifif
tion

L. C. y. God be thanked we are go-
verned by law.

Sidney. I have lived under the inquifif
tion, and there is no man in Spain can be
tried for herefy

Juft. JFithins. Draw no prefidents from
the inquifition here I befcech you, Sir,

L. C. y. We muft not endure men ta
talk, that by the right of nature every man
may contrive mifchicf in his owrt chamber,,
and he is not to be punifhed, till he thinks
fit to be called to it.

Sidney. My Lord, if you will take fcrip-
ture by pieces, you wilt make all the pen-
men of the fcripture blafphemous •, you
may accufe David of faying, there is na
God V and accufe the Evangclifts of faying,
Chriftwas a blafphemer and a frductr y
and the Apoltles, that th.ey were drunk.

L. C. y. Look you, Mr. Sidney, if there

be any part of it that explains the ienfc o£

it, you fliall have it read; indeed we are

trifled with a litrie. It is true, in fcripture

7 L^ ' it-

fc6

A COLLECTIOiSI of TRIALS,

iris f.iu!, there is no God, and you mull not
take that alone, but you muft fay, the fool
luiih laid in his hearr, there \> no God.
.Now here is a thing rmputed to you in the
libe! •, ifyou c:sn fay, there is any part that
b Ml txcule of ir, call for it. As for the
pu' pole, whoever docs publifh, that the
;King m.'.y be put in chains or depoktl, is
a traitor ; but whofoever fays, that none
but traitors would put the King in chains,
or depofe him, is an honcft man ; therefore
apply ac! idem, but do not let us make ex-
curfions.

."■Sidney. If they will produce the whole,
■my Lord, then T can fee whether one part
contradicts another.

L. C. J. Welt, if you have any witnefies
.call them.

Sidney. The Earl of Anglefey.

L. C. J. Ay, in God's name, ftay till to-
morrow in things that are pertinent.

Suhuy. I defire to know of my Lord
Anglefey, what my Lord Howard faid to
him concerning the plot that was broken
out.

Lord Anglefey. Concerning this plot you
are now queftioned for '^.

Sidney. The plot for which my Lord
RufTel and I was in prifon.

Lord Anglefey. The queftion I am afked
is, What my Lord Howard faid before the
trial of my Lord RufTel, concerning the
plot ; I fuppofe, this goes as a branch of
that he was accufcd for. I was then in the
country, when the bufinefs was on foot,
and uled to come to town a day or two in
the week, living near in HertfordHiirc, and
I underflanding the affliflion my Lord of
Bedford was in, I went to give my Lord a
vifit, we having been acquaintance of above
fifty years Handing, and bred together in
Maudlin College in Oxford. When I came
to my Lord of Bedford, and had admi-
niflred that comfort that was fit for one
.Chriitian to give another in that diftrefs,
.1 was ready to leave him, and my Lord

Floward came in. It was upon the Friday
before my Lord Howard was taken, he v/as
taken (as I take it) upon Sunday or Monday,
my L. Howard fell into the fame Chrifiian
officethati had been jultdi'charging, tocom-
paflionate my Lord's afSidion, to ufe argu-
ments to comfcrt and lupporthim under it,
and told him, he w;is not to be troubled,
for he had a dilcrcet, a wife, and a virtuous
fon, and he could not be in any fuch plot (I
think that was the word he ufed at firft,
though he gave another name to it after-
ward) and his LordOiip might therefore
well expedl a good ifTue of that bufinefs,
and he might believe his fon lecure, for he
believed he was neither guilty, nor fo much
as to be fufpefted. My Lord proceeded
further, and did fay, that he knew of no
fuch barbarous defign (I think he called it
fo in the fecond place) and could not charge
my Lord Ruffel with ir, nor any body
elfe. This was the effecSt of what my Lord
Howard faid at that time, and I have no-
thing to fay of my own knowledge more
than this ; but to obferve that I was prefent
when the jury did put my Lord Howard
particularly to it ; what have you to fay to
what my Lord Anglefey teftifies againlt
you ? My Lord, I think, did in three fe-
veral places give a fhort account of himfelf,
and faid it was very true, and gave them
fome further account why he faid it, and
faid, he fliould be very glad it might have
been advantageous to my Lord KufTel.

Sidney. My Lord of Clare, I defire to
knowof rny Lord of Clare, what my Lord
Howard faid concerning this plot and me.

Lord Clare. My Lord, a little after Co-
lonel Sidney was taken, fpeaking of the
times, he faid, that if ever he was queftioned
again, he would never plead, the quickeft
difpatch was the beft,he was fure they would
have his life, though he was never fo inno-
cenr, and difcourfing of the late Primate of
Armagh's prophecy ; for my part, fays he,
I think the perfecution is begun, and 1 be-

litve

A COLLECTION

licve It will be very fliarp, but I hope it will
be fliort, and I laid, I hoped lo too.

Alt. Gen. What aniwcr did your Lord-
(hip give to it ?

L. Clare. I have told you what I know,
my Lord is too full of dilcourfc for me to
anlwer all he fays ; but for Colonel Sidney,
he did with great aileverations afTcrt, that
he was as innocent as any man breathing,
and ufed great encomiums in his praife,
and then he feemed to bemoan his misfor-
tune, which I thought real j for never was
any man more engaged to another, than he
was to Colonel Sidney, I believe. Then 1
told, they talked of papers that were found,
I am lure, fays he, they can make nothing
of any papers of his.

Att. Gen. Wiien was this ?

L. Clare. This was at my houfe the be-
ginning of July.

' Att. Gen. How long before my Lord
Howard was taken ?

L. Clare. About a week before,

Att. Gen. I would afk you, my Lord,
upon your honour, would not any man
have faid as much, that had been in the
plot ?

L. Clare. I cannot tell, I know of no
plot.

Sidney. Mr. Philip Howard.

Juli. I'Vithins. "What do you a{k him ?

Sidney. What you heard my Lord How-
ard lay concerning this pretended plot, or
my being in it ?

Phil. Howard. My Lord, when the plot
firft brake out, I ufed to meet my Lord
Howard very often at my brother's houfe,
and coming one day from Whitehall, he
afked me, what news ? I told him, my
Lord, fays I, there are abundance of people
that have confeffed the horrid defign of
murdering the King, and the Duke. How,
fays he, is fuch a thing pofTible .' Says I,
it is fo, they have all confeffed it. Says
he, do you know any of their names .'' Yes,
iays I, 1 have heard their names. What

K T R I A L S. 607

are their names ? fays he ; wiiy, fiys I Col.
Rumfey and Mr. Welt, and one Walcot and
others, that are in the proclamation (I can-
not tell whether Walcot was in hold) fays
he, it is impoflible fuch a tiling can be ;
fays he, there are in all countries people
that wifli ill to the government, and, lays
he, I believe there are lome here ; bur,
fays he, for any man of honour, intereft or
eftate to go about it, is wholly impolTiblc.
Says J, my Lord, fo it is, and I believe it.
Says I, my Lord, do you know any of
thefe people ? No, fays he, none of them ;
only one day, fays he, pafling through the
Exchange, a man faluted me, with a blc-
mifli upon his eye, and embraced me, and
wifhed me all happinefs •, fays he, I could
not call to mind who this man was ; but
afterwards I rccoUefted myfelf that I met
him at my Lord Shaftsbury's, and heard
afterwards, and concluded his name to be

his at whole houfe the King was to be

alfaffinated

Att. Gen. Rumbold >

Mr. Howard. Ay Rumbold, my Lord,
may I ask if my Lord Howard be here ?

L. C. J. He is there behind you.

Mr. Howard, Then he will hear me.
My Lord, fays I, what does your Lordlhip
think of this bufinefs .' Says he, I am in
a maze ; fays I, if you will be ruled by me,
you have a good opportunity to addrefs to
the King, and all the difcontented Lords as
they are called ; and to fhew your detefta-
tion and abhorrence of this thing ; for, fiys
I, this will be a good means to reconcile all
things. Says he, you have put one of the
beft notions in my head that ever was put.
Says I, you are a very good penman, draw
up the firft addrefs (and I believe I was the
firlt that mentioned an addrefs, you have
had many an one fince, God fend tiiem good
fuccefs) lays he, I am lorry my Lord of F.f~
fex is out of town, he fliould prefent it.
But, lays I, here is my Lord Ruffel, my
Lord of Bedford, my Lord of Clare, all of

vou

6o5

A COLLECTION of TRIALS.

you that are dil^affecled, and fo accounted^ Col. Sidney. Pray call Dr. Burnet.

go alx)ut this bufinels, and make the nation ]\.\{\:. IFalcot. What do you adc Dr.

happy, and King happy. Says he, will Burnet ? '

you Hay till I come back ? Ay, Tays I, if \ Sidney. I have only to afk Dr. Burner,

you will come in any time ; but he never ' whether after the news of this pretended

came back while I was there. I'.he next \ plot, my Lord Howard came to him ?

day, I think, my Lord Rultel was taken,
and 1 came and found him at my brother's
houfe again (for there he was d^y and
night) fays he coufin, what news ? Says I,
my Lord Ruffel is fent to the Tower. We
are all undone then, fays he. Pray, fays

he, go to my Lord Privy-feal, and fee if any plot, and believed nothingof it, and faid,

And what he faid to him ?

Dr. Burnet. My Lord, the day after this
plot brake out, my Lord Howard came to
fee me, and upon fome difcourfe of the
plot, with hands and eyes lifted up to
heaven, he protefted he knew nothing of

you can find I am to be taken up -, fiys he,
I doubt 'tis a fliam plot, if it was a true
plot, I fhould fear nothing -, fays I, what
do you put me to go to my Lord Privy-feal
for ? He is one of the King's cabinet-
council, do you think he will tell me ? 1
won't go •, but, fays I, if you are not
guilty, why would you have me go to

that he looked upon it as a ridiculous thing.

My Lord Paget was fent for at the

prifoner's requeft, being in the

hall.

Sidney. My Lord, I defire Jofeph Ducas

may be called, (who appeared, being a

Frenchman.)

Sidney. 1 defire to know, whether he was

inquire .'' Why, fays he, becaufe I fear 'tis''; not in my houfe when my L.ord Howard

not a true plot, but a plot made upon us,
•and therefore, fays he, there is no man
free. My Lord, I can fay no more as to
that tiiTie, (and there is no man that fits
here, that wifhes the King better than I
do.) The next thing I come to, is this, I
came the third day, and he was mighty fad
and melancholy, that was when Col. Sidney

came thiiher, a little after I was made ^
prifoner, and what he faid upon it ?

DiiCds. Yes, my Lord, my Lord Howard
came the day after the Colonel Sidney was
taken, and he a(l<cd me, where was the
Colonel Sidney .'' And I faid, he was taken
by an order of the King ; and he faid, ol>
Lord ! what is that for .'' I faid, they have

was taken ; lays I, why are you melan- [ taken papers ; he faid, are fome papers
choly, becaufe Col. Sidney is taken ? Says ' left ? Yes. Have they taken fomething

1, Col. Sidney was a man talked of before,
why were you not troubled for my Lord
Ruflel, that is of your blood ? Says he, I
have that particular obligation from Colonel
Sidney, that no one man had from aru)ther.
1 have one thing to fay farther, I pray I
may be rightly underilood in what I have
ftid.

A. C. J. What, you would have us un-
di^rtake for ail the people that hear you ?
1 think you have IJDoken. very materially,
and 1 v/]H obferve it by and by to tht
jury.

more ? No, well you mud take all the
things out of the houfe, and carry them to
fome you can truft ; I dare tRtft nobody,
fays he •, I will lend my coach and coach-
man I faid, if the Colonel Sidney will fave
his goods ; he fave them, if not, 'tis no
matter. A little after the Lord Howard
came in the houfe of Colonel Sidney, about
eleven o'clock at night; When he was in,
I told him, what is this .'' They talk of a
plot to kill the King and the Duke, and I
told him, they fpake of one general inRir-
redion •, and I told him more, that I un-
dcrltood that Col. Sidney v/as lenc into

Scotland i

A COLLECTIO

Scotland : When my Lord Howard under-
ftood thar, he faid, God knows, I know
nothing of this, and I am fiire if the Co-
lonel Sidney was concerned in the matter,
he would tell me fomething, but I know
nothing. Well, my Lord, I told him, I
believe you are not hie in this houfe, there
is more danger here than in another place.
Says he, I have been a prifoner, and I had
■ rather do any thing in the world than be a
prifoner again.

Then my Lord Paget came into the
court.

Sidney. Pray, my Lord, be pleafed to
tell the court, if my Lord Howard has faid
any thing to you concerning this ha pre-
tended plot, or my being any party in
it-

L. Paget. My Lord, I was fubpcena'd
to come hither, and did not know upon
what account, I am obliged to fay, my
Lord Howard was with me prsfently after
the breaking out of this plot, and before
his appearing in that part which he now
ads, he came to me ; and I told him, that
I was glad to fee him abroad, and that he
was not concerned in this diforder. He
faid, he had joy from feveral concerning ir,
and he took it as an injury to him, for that
it looked as if he were guilty. He, faid, he
knew ncthing of himfelf, nor any body
elfe. And though he was free in difcourfe,
and free to go into any company indif-
ferently ; yet he faid, he had not ieen any
body that could fay any th^ng of him, or
give him occafion to fay thing of any body
clfe.

Col. Sidney. Mr. Edward Howard,

Mr. Howard. Mr. Sidney, what have
you to fay to me ?

Col. Sidney. My Lord, I defire you
•would afk Mr. Edw. Howard, the Uime
thing, what difcourfe he had with my Lord
Howard about thii plot ?

Vol. I. No, 26.

N o F T R I A L S. 609

L. C. J. Mr. Howard, Mr. Sidney de-
difcoulfc you

fires you to tell what difcoulfc you had
with my Lord Howard about this plot.

Mr. Howard. My Lord, I have been for
fome time very intimate with my Lord,
not only upon the account of our alliance,
but upon a ftriiSt intimacy and correfpon-
dence of friendfliip, and I think I was as
much his as he could expecft from that
alliance. I did move him during this time,
to fcrve the King upon the moft honourable
account I could, but that proved inei-
feftual : I pafs that, and come to the bu-
finefs here. As foon as the plot brake out,
my Lord having a great intimacy with me,
exprelTed a great detcftation and furprizing
in hiiiiielf to hear of it, wherein my Lord
Howard afTured me under very great alTe-
verations, that he could neither accuie him-
felf, nor no man living. He told me
moreover, that there were certain perfons
of quality, whom he was very much con-
cerned for, that they Ihould be fo much
refleiSled upon or troubled; and he condoled
very much their condition both before and
after they were taken. My Lord, I believe in
myconlcience, he did this without any mental
refervation, or equivocation, for he had no
reafon to do it with me. I add moreover,
if I havje any fenfe of my Lord's difpofition,
I think if he had known any fuch thing,
he would not have rtood his being taken,
or made his application to the King in this
manner, .1 am afraid not fo fwitablc to his
quality.

L. C. J. No reflexions upon any body.-
Mr. Howard. My Lord, I re'l Cl: upon
no«3ody, I underfland where I am, and
have a refpect for the place •, but fir.
Lordfnip has given me this occ
mull needs fay, That that reproof 1
accidsntally given me at the trial
Lord RufTel, by reafon of a weak n
made me omit fome particulars I wa

7 0.-

vpur

6io

A COLLECT!

no.«', vhich are thefc, and I think they arc-
material : My Lord, upon the difcourle of
;this plot, did further aiTure me, that it was
certainly a flvam, even to his kno\vledc:e-,
Iiow, my Lord, fays I, do you mean a
fh:'.!n ? Why, lays he, fuch an one, coulin,
a'^ is too black for any minifcer of piibhc
tiv.ploymcnt to have devifcd, but, fays hv,
i[ was forged by people in the daik, fuch
.as Jefuits and Papifts, and, fays he, this is
my confcience J fays I, niy Lord, if you
arc fure of this thing, then pray, my Lord,
do that honourable thing that becomes your
qv!.i!ity, that is, give the King fajisfaiftion
as becomes you ; pray make an addrels
under your hand to the King, whereby you
exprrfs your detellation and abhorrence of
this thing ; fays he, I thank you for your
counfel; to what minifter, fays he, fliall I
apply rnyfelf? Lpitchcd upon my Lord
iilallifax, and I told him of my Lord's
rielire, and I remember my Lord Howard
named the Duke of Monmouth, my Lord
of Bedford, the Earl of Clare, and he faid
he was fure they would do it ; that he was
filre of their innocence, and would be glad
of the occafion : And I went to my Lord
Hallifax, and told him that my Lord was
willing to fet it under his hand, his de-
telbition of this plot, and that there was no
fuch thing to his knowled.oe. My Lord
Hallifax very worthily received me •, fays
h'", r will introduce it; but my Lord RufTel
being taken, this was laid afide, and my
Lord gave this reafon. For, fays he, there
will be lb many people taken, they will be
hindered. I mull needs add from my con-
fcience, and from my heart before God and
man, that if my Lord had I'poken before
the King, fitting upon his throne, abating
for the folemnity of the prefence, I could
rot have more believed him, from that af-
furance he had in me. And I am fure
from what I have faid, if I had the honour
to be of this gentleman's jury, I would not
•believe him.

L. C. J. That mull: not be fuffered.

ON OF TRIALS.

yl/f. Gen. You ought to be bound to
your good behaviour tor that,

L. C. y. The jury are bound by their
oaths to go according to their evidencea
they are not to go by men's conjectures,

Mr. Hozvard. May Lgo, my Lord ?

Jilt. Gen. My Lord Howard defires he
may (fay, we fiiall make \.\{c of him.

Sidney. My Lord, I fpake of a mortgage
that I had of my Lord Howard, I don't
know whether it is needful to be proved ;
but it isfo.

L. Howard. I confefs it.

Sidney. Then, my Lord, here is the other
point. He is under the fear, that he dare
not but fay what he thinks will conduce to-
wards the gaining his pardon ; and that he
hath expreffed, that he could not have his
pardon, but he muft firfl: do this drudgery
of fwearing. I need not fay, that his foil
fiiould fay, that he was forry his father
could not get his pardon, unlets he did
fwear againft feme others.

Sidney. Call Mr. Blake. (Who appeared.)
My Lord, I defire he may be afked, whe-
ther my Lord Howard did not tell him
that he could not get his pardon yer, and
he could afcribe it to nothing, but that
the drudgery of fwearing muft be over
firft.

Then my Lord Chief Juftice afked the
queftion.

Mr. Blake. My Lord, I am very forry I
fhould be called to give a public account of
a private converfation, how it comes about
I don't know. My Lord fent for me about
fix weeks ago, to come and fee him. I
went, and we talked of news, I told him I
heard nobody had their pardon, but he that
firft difcovered the plot ; he told me, no ;
but he had his warrant tor it ; and, fays he,
I have their word and honour for it, but, fays
he, I will do nothing in it till I have
further order, and, f<iys he, I hear nothing
of it, and I can afcribe it to no other
reafon, but 1 muft not have my pardon till

the

A C O L L E C T I O N OF TRIALS.

6f r

the drudgery of fwearing is over. Thefe
words my Lord faid, 1 believe my Lord
won't deny it.

Then Colonel Sidney called Mr. Hunt
and Burroughs, but they did not
appear.

Sidney. 'Tis a hard cafe they don't
appear, one of them was to prove that my
Lord Howard faid he could not h;ive his
pardon till he had done fome other jobs.

L. C. J. I can't help ir, if you had
come for affiftance from the court, I would
willingly have done what I could.

Then Col. Sidney mentioned the Duke
of Buckingham, but he was in-
formed he was not fubpoena'd.

Sidney. Call Grace Tracy and Elizabetli
Penwick. (Who appeared.) I a!k you
only, what my Lord Howard faid to you at
my houfe concerning the plot, and my
being in it ?

Iracy. Sir, he faid that he knew nothing
of a plot he protefted, and he was fure
Col. Sidney knew nothing of it. And he
faid, if you knew any thing of ir, he muft
needs know of ir, for he knew as much of
your concerns as any one in the world.

Sidney. Did he take God to wit.iefs upon
it?

Tracy. Yes.

Sidney. Did he defire niy plate at my
houf^ ?

Tracy. I can't tell that, he faid the goods
might be fent to his houfe.

Sidney. Penwick, What did my Lord
Howard fay in your hearing concerning the
pretended plot, or my plate carrying
away ?

Pemvick. When he came, he afl<ed for
your honour ; and they laid your honour
was taken away by a man to the Tower for
the plot, and then he took God to witnefs
he knew nothing of it, and believed your
honour did not neither. He faid, he was
in the Tower two years ago, and your
honour, l\e believed, faved his life.

Sidney. Did he defire the plate ?

Penwick. Yes, and faid it fhould be fent
to his houfe to be fecurcd. He faid it was
only makce.

Mr. Wharton ftood up.

IVkiwton. 'Tis only this I have to fjy.
That if your Lordfnip pleafes to fhew me
any of thefe llieets of paper, I will under-
take to imitate them in a little time that you
flian't know which is which. 'Tis the
eafift hand that ever I faw in my life.

Att. Gen. You did not write thefe, Mr.
Wharton ?

PVharton. No ; but I will do this in a
very little time, if you pleafe.

L. C. J. Have you any more witnefles.?

Sidney. No, my Lord.

L. C. J. Then apply yourfelf to the
jury.

Sidney. Then this is that I have to fay.
Here is a huge complication of crimes laid
to my charge : I did not know at firil
under what ftatute they were, now I find
'tis the fl:atute of 25 of Edw. 3. This
fiatute hath two branches ; one relating to
war, the other to the perfon of the King.
That relating to the perfon of the King,
makes the confpiring, imagining, and com-
pafTing his death, criminal. That con-
cerning war is not, unlefs it be levied :
Now, my Lord, I cannot imagine to which
of thefe they refer my crime, and I did
defire yourLordfliip to explain it. For to
fay that a man did meet to confpire the
King's death, and he that gives you the
account of the bufinefs does not fpeak one
word of it, feems extravagant ; for con-
fpiracies have ever their denomination from
that point to which they tend ; as a conj
fpiracy to make falle coin infers inftru-
ments and the like. A confpiracy to take
away a woman, to kill, or rob, are all di-
rected to that end. So confpiring to kill
the King, muft immediately aim~ at killing

the

King that
So then it muft be the natural

6i2: A COLLECTION

the King. The King hath two capacities,
natural and politic, that which is the
politic can't be within the ftatute, in that
lenfe he never dies, and 'tis abfurd to fay
it fhould be a fault to kill the
can't die

fenfe it muft be underftood in, which muft
be done by fword, by piftol, or any other
way. Now if there be not one word of this,
then that is utterly at an end, though the
witnefs had been good. The next point is
concerning levying of war. Levying of
war is made treafon there, fo it be proved
by overt-aft, but an overt-aft of that never
was, or can be pretended here. If the war
be not levied, 'tis not within the aft ; for
confpiring to levy war is not in the ad.
My Lord, there is, no man that thinks that
1 would kill the King that knows me, I am
not a man to have fuch a defign, perhaps I
may fay I have faved his life once. So
that it muft be by implication -, that is, it is
firft imagined, that 1 intended to raife a

war, and then 'tis imagined that war (hould
tend to tlie deftrudion of the King. Now
I know that may follow, but that is not na-
tural or neceftary, and being not natural or
neceffary, it can't be fo underftood by the
law. That it is not is plain^ for many wars
have been made, and the death of the King
has not followed. David made war upon
Saul, yet nobody will fay he fought his
death, he had him under his power and did
not kill him, David made war upon Ifti-
boftieth, yet did not defign his death ; and
fo in England and France Kin^s have been
taken prifoners, but they did not kill them.
King Stephen was taken prifoner, but they
did not kill him. So that 'tis two diftinft
things, to make war and to endeavour to
kill the King. Now as there is no manner
of pretence that 1 (liould endeavour to kill
the King directly, fo it can't be by in-
ference, becaufe 'tis treafon under another
fpecies. I confcfs I am not fit to argue
i.hcfc poi.its, .1 think 1 ought to have cuun-

o F TRIALS.

fe], but if you won't allow it me, I can't
help it ; but thefe things are impoffible to
be jumbled up together. Now I fay this.
It 1 am not under the firft branch, if not
direftly, I can't be by implication; though
I did make war, I can't be faid to confpne
the death of the King, becaufe 'tis a diftincl
fpecies of treafon, and my Lord Coke fays,
'Tis the overthrowof all jufticeto confound
Membra dividentia ; now if the making of
war can't be underftood to be a conlpirmg
the death of the King, then I am not guilty
of this indictment, but here, my Lord, is
neither confpiring the death of the King,
makiTig war, nor confpiring to make

good in this cafe,
Tlie next.-

nor

war. Bcfides, I fay, 'tis not the beft man's
evidence here would be
becaufe the law requires two.
thing is the bufinefs of Aaron Smith, which
my Lord rells fo imperfedly, and fu (ncerly .
conjeftural, that there is nothing in it, but
his rheronc in fetting it out. He tells you
of a letter lent with him, but I e does not -
tell you by whom writ, what was in it, or
whether it was delivered or no: So that I
think we may lay that afide as the other, as
things nothing in them at all. Then fays
Mr. Attorney, thele Scotch gentlemen are
come to town, I profefs I never heard the
names of one of them till he named them to
me in the Tower. I have not lent myfelf,
nor writ a letter into Scotland never fince
the year 59, nor do I know one man in.
Scotland to whom I can write, or from
whom I ever received one. I returned into
Engl.ind in the year jj, and fince that
time have not writ nor received a letter
from Scotland. Then fome gentleman

I never
ife,
Monro

came liither, wkat is that to me
faw one ot the Cambells in my lite, nor
if any one can prove I have had

I wHl be glad
papers ; if any

communication with them,
to fuffer. i'hen here are
thing is to be made of them, you muft pro-
duce the whole, for 'tis impollible to make
any thing of a part of them. You afk mtj

what.

A COLL EC T I O N of TRIALS.

what other paflage I would have read, I
don't know a paflage in them, I can't tell
whether it be good or bad. But if there
are any papers found ('tis a great doubt
whether they were found in my ftudy or
no, or whether thty be not counterfeit;
but though that be admitted that they were
found in my houfe) the hand is fuch, that
it Ihews they have been writ very many
years. Then that which feems to be an
account of the feftions and chapters, that
is but a fcrap, and what if any body had,
my Lord, either in my own hand or ano-
ther's, found papers, that are not well
juftifiable, is this treafon ? Does this ima-
gine the death of the King ? Does this
reach the life of the King ? If any man can
fay I ever printed a flieet in my life, I will
fubmit to any punifliment. Many others,
my Lord, they write, and they write what
comes into their heads. I believe there is
a brother of mine here has forty quires of
paper written by my father, and never one
fheet of them was publifhed, but he writ
his own mind to fee what he could think of
it another time, and blot it out again, may
be. And I myfelf, I believe, have burned
more papers of my own writing than a
horfe can carry. So that for thefe papers
I can't anfwer for them. There is nothing
in it, and what concatenation can this have
with the other defign that is in itfclf no-
thing, with my Lord's feled council fe-
lefted by nobody to purfue the defign of
my Lord Shaftsbury ? And this council
that he pretends to be fet up for fo great
a bufinefs, was to be adjufted with fo much
finenefs fo as to b.ing things together.
What was this finenefs to do ? (taking it
for granted, which 1 don't) This was no-
thing (if he was a credible witnefs) but a
few men talking at large of what might be
or not be, what was like to fall out without
any manner of intention or doing any thing.
They did not fo much as inquire. Whe-
there were men in the country, arms, or
Vol. I. No. 26.

ammunition. A war to be made by five or
fix men, not knowing one anotlicr, not
trufting one another. What faid Dr. Coxe
in his evidence at my Lord Kuflel's trial,
of my Lord RuiTel's trufting my Lord
Howard ? He might fay the fame of ibme
others. So that, my Lord, I fay, thefe
papers have no manner of coherence, no
dependance upon any fuch defign. You
mud go upon conjecture ; and after all,
you find nothing but only papers, never
perfedV, only fcraps, written many years
ago, and that could not be calculated for
the raifing of the people. Now, pray what
imagination can be more vain than that ?
And what man can be fafe, if the King's
counfel may make fuch (whimfical I won't
fay, but) groundlefs conftruftions ? Mr.
Attorney fays, the plot was broken to the
Scots (God knows we were neither broken
nor joined) and that the Campbels came to
town about that time I was taken, and in
the mean time my Lord Howard, the great
contriver of all this plot, who was mod
adlive; and advifed the bufintfs that con-
fifted of fo much finenefs ; he goes there
and agrees of nothing; and then goes into
Efiex upon great important bufinefs, greater
than the war of England and Scotland, to
what purpofe ? To look after a little pimp-
ing Manor, and what then .'' Why then it
muft be laid afide, and he mufl. be idle five
weeks at the Bath, and there is no in-
quiring after it. Now, I defire your
Lordriiip to confider, whether there be a
poffibility for any men, that have the fenle
of porters and grooms, to do fuch things
as he would put upon us. I would only
fay this, if Mr. Attorney be in the rigiu,
there was a combination with the Scots,
and then this paper was writ ; for thole
that fay I did it, fay I was doing it then,
and by the notes, there is work enough
for four or five years, to make out what is
mentioncil in thofe fcraps of paper, and this
mull be to kill the King. And 1 fay this,
7 R my

6i4

A COLLECTION of TRIALS.

feived unto me.

Sol. Gen. My Lord, and you Gentlemen
of the Jury. The evidence hath been
long -, but I will endeavour to repeat it as
faithfully as 1 can. The crime the prifoner
(lands accufed for, is compaiTing and ima-
gining the death of the King. That which
we go about to prove, That compafling
and imagining by, is by his meeting and
confulting how to raife arms againlt the
King, and by plain matter in writing under,
his own hand, where he does affirm, it is
lawful to take away and deftroy the King.
I will begin with his meeting and con-,
fultation to raile arms againft the King,

ton's cafe. There are twenty judgemnts of ; The prifoner, gentlemen, hath endeavoured

Parliament, the aft of 13 Eliz. that fays | to avoid the whole force of this evidence,.

. I (hould have fomebody to f^:eak for i by faying, that this in point of law can't.

me, my Lord. i affecl him, if it were all proved ; for this,

L.C. J. We are of another opinion. j does not amount to a proof of his com-
Juft. inthins. If you acknowledge the j pafling and imagining the death of the

my Lord, that, under favour, for all con-
ItrucV've treafons you are to make none, but
to go according to plain proof, and that
thele conftrudlive trcalons belong only to
Parliament, and by the immediate provifo
in that a£t. Now, my Lord, I leave it to
your Lordfnip, to fee whether there is in
this any thing that you can fay is- an ovcrt-
ad of treafon mentioned in 25 Edw. 3. K
it be not plainly under one of the two
branches, that I have endeavoured to kill
the King, or levied war, then 'tis matter of
conftrudtion, and that belongs to no court
but the Parliament. Then, my Lord, this
hath been adjudged already in Throgmo'--

matter of fadt, you fay well.

Sidney.K^y there are feveral judgements
of Parliament, that do fliew whatever is
conftructive treafon does not belong to any
private court, that of i Mary, i Edw. 6,

King, and hi; is very long in interpreting
the ad of Parliament to you of 25 Edw. 3.
and dividing of it into feveral members or
branches of treafon, and does infift upon
ir, that tiiouph this fliould te an offence •.

J Eliz. 5 Eliz. 18. another 13 Car. fhews within one branch of that ftatute, yet that .
this. Now, my Lord, I fay that the bu- is not a proof of the other, which is the •
fincfs concerning the papers, 'tis only a ; branch he is proceeded .upon, that is the'r'
Gmilitude of hands, which isjuft nothing, firft claufc againft the coinpafung and ima- .
In my Lady Carr's cafe, it was refolved to j gining the death of the King. And, fays ,
txtend to no criminal caufe, if not to any, ' he, confpiring to levy war, is not fo much ,
then not to the greateft, the moft capital, as one branch of that ftatute, but it mult ;

So that I have only this to fay, that I think
'tis impoffible for the jury to find this
natter, for the firft point you proved by
my Lord Ploward, that I think is nobody,
and the laft concerning the papers, is only
imagination from the fimilitude ot hands.
If I had publiflied it, I mult haveanfwered
for it, or if tlie tifing had been whole and
mine, I mud have anfwered for it ; but for
thefc fciaps never fliewed any body, that I
tfiink does not all concern me. And I fay,.
if the jury fliould find it (which is impof-
fible tht'y can) I defnc to have the lav/ re-

be war adualiy levied. This is a matter :
he is wholly miftaken in, in point of law..;
It hath been adjudged over and over again, .
That an ad which is in one branch of that
ftatute, may be an overt-ad to prove a man .
guilty of another branch of ir. A levying
war is an overt-ad to prove a man guilty of
confpiring tlie death of. the King. And -
this was adjudged in the cafe of Sir Henry.a
Vane, fo is meeting and confulting to raile
arms. And reafon docs plainly fpeak it to
be fo ; for they that confpire to raile war
can't be prcfumed to ,
flop

againft the King,

A COLLECTION of TRIAL S.

flop any where -, till they have dethroned
or murdered the King. Gentlemen, I
won't be long in citing authorities, it hath
been fettled lately by ail the Judges of Eng-
land, in the cafe of my Lord Ruffcl, who
hath fuffcred for this corfpiracy. There-
fore that point of law will be very plain
againft the prifoner. He hath mentioned
feme other things, as that there muft be
two witnefTes to every particular fa£t, and
one witnefs to one fad:, and another to
another,, is not fufficienti it hath been very
often objecled, and as often over-ruled:

'I 5

gives you an-account, that firft the Du'^t:
of IMonmouth, and he, and Colonel Sidney
met, and it was agreed to be neceffiiry to
have a council, that fliould confift of fix
or feven, and they were to carry it on.
That the Duke of Monmouth undertook to
difpofe my Lord RulTel to it, and Colonel
Sidney to difpofe the Earl of Eflex, and ■
Mr. Hambden ; that thefe gentlemen did
meet accordingly, and the fubllance of
their difcourfe was, taking notice liow the
defign had fallen upon the death of my
Lord Shaftsbury, that it was fit to carry it

It was over-ruled folemnly in the cafe of i on before men's inclinations were cool, for

my Lord Stafford. Therefore if we have
one witnefs to one overt-aft, and another to
another, they will be two witnefies in law,

they found they were ready to it, and had ;

great rcafon to believe it, becaufethis being

a bufinefs communicated to fo many, vu -

to conviift tiiis prifoner. In the firft part] for all that it was kept very fecret, and no
of our evidence, we give you an account | boyy had made any ryention of -it, which
of the general defign of an infurreflion that they looked upon as a certain argument that
wai! to have been, that this was contrived ] m^n were ready to engage in it. This in-

firft,, when my Lord . Shaftsbury was in
England, that after my Lord Shjftfbury
was gone, the bufinefs did not fall ; but
they thoifght fit to revive it again, and that
they might carry it on the more fteadily,
they did contrive, a council omong them-

couraged them to go on in this confpiracy.
Then wlien the fix met at Mr. Hambdcii's ■
houfe, they debated concerning the place of
rifing, and the time, the time they con-
ceived muft be hidden ly, before men's
minds were cool, for now they thougJit

felvcs of fix, whereof the prifoner at the , they were ready and very much difpofcd to

bar was onp. ' They were the Duke of
Klonmouth, my Lord of Eflex, my Lord
Howard, my Lord Ruffcl, the prifoner at
the bar,: and Mr. Hambden.. ThiS' couti-i
cil they contrived to manage this affair,
and to carry on that defign, that feemed to
fall by the death of my. Lord of Shaftf-
bury, and they met ; this we give you an
account of," firft, by witneffef, tltat gave
you -a ;it in general, of it. And

though lI.. V wcre'not|pr,ivy,to it, yet, they
heard of this council, and that Colonel
Sidney was to be one of this council.
This, geritlemen', if'it had .ft.ood alcne by
it'felf,' had" been nothing ^to affed the pri-
foncr'at all.', '.But: this will {hew you, that
it was difcbni Tea anionii them that were in
this confpi. . Then' my Lord Howard

it, and for place, they had in debate, ,
whether they fliould rife firfl; in the tow'n, ,
ou in the country, or both togetlier. And
for the perfons, they thought it abfoluteiy ^
neceffary for them to have the united
counfels of Scodand to join with them,
and therefore they did rei'er this matter to
be better con fidered of another time, and
they met afterward's at my Lord Ruffcl's ■
houfe in February,' a.nd there they had dif-
courfe to t'^.e lame purpofe. Bot there they
began to confider with then->fclves, bcinor
they were to deftroy this go.vernmenL, what
ihcy fliould let up in the room ol it ; to •
what purpofe they engaged. •, For they did
very wilely confi.:er, if this be only to fcrve
a turn, ,and to .make oneman great, this
will be a. great hindcrance'an tiicir afl'air, .

therefore •-■

6i6

A COLLECTION of TRIALS.

thcrefcre they thought it was neceHary '
to engage upon a public account, and
to rt-tolvc all into the authority of a
PailiairA-nc, which furtly they cither
thought to force the Kinp; to call, or other-
wife that the people might call a Parlia-
ment, ii the King retuled, and lo they to
choofj their awn heads. But ilill they
were upon this point, that it was neceffary
for their friends in Scotland to have their
councils united with theni, and in order to
that, it was necelTary to contrive fome way
to fend a meflenger into Scotland, to bring
fome men here to treat and conlult about
ir, and Col. Sidney is the man that does
engage to fend this meflenger, and he had
a man very fit for his turn, that is, Aaron
Smith, whom he could confide in, and him
he under. oolc to fend into Scotland. This
nu-fTenger was to fetch my Lord Melvin,
the two Campbell's, and Sir John Cock-
ram ; Colonel Sidney as he engaged to do
this, fo afterwards he did fhcw to my Lord
Howard money, which he affirmed was for
.that bufinefs ; he fays it was a fum of about
■fiKty guineas, and he believes he gave it
him, tor that Colonel Sidney told him,
Aaron Smith was gone into Scotland, that
;the pretence was not bare-faced to invite
them over, to confult of a rebellion, but to
confult about the bufinefs of Carolina, be-
ing a plantation for the perfecuted bre-
thren, as they pretended in Scotland.
Gentlemen, thcl'e Scotchmen that were thus
lent for over, they came accordingly, that
is, the two Campbells, and Sir John Cock-
ram, and the difcourfe with Sir Andrew
Foffer was according to this cant that was
agreed on beforehand, concerning a planta-
tion in Carolina This was that that was
pretended for their coming hither -, but
,the true errand was, the bufinefs of the in-
furre(5tion intended. Gentlemen, that they
came upon fuch a defign, is evident from
the circumflances ; they came about the
time the bufinefs brake out, and in that

their lodging.

time fufpiciouQy changing
they were taken making their efcape, .and
this at a time before h was probable to be
known abroad that thefe men v/ere named
as part of the confpirators. Thefe things
do very much verify the evidence my Lord
Howard hath given, and there is nothing
has been laid, does at all invalidate it. The
fending of Aaron Smith into Scotland, and
his going, and the coming of thefe men, and
their endeavouring to make their efcape,
are mighty concurrent evidences with the
wiiole evidence my Lord Howard has
given. Now, what objedbions are made
againft this evidence .'' Truly none at all.
Here are perfons of great quality have
given their teftimony, and they do not im-
peach my Lord Howard in the leaft ; but
fome do extremely confirm the truth of
my Lord Howard. My Lord Anglefey
gives you an account of a difcourfe at my
Lord of Bedford's, that my Lard Howard
came in, and that my Lord Howard (hould
there comfort my Lord of Bedford, and en-
large in the commendations of his fon, and
fay he was confident he knew nothing of the
defign, and he muft be innocent. Gentle-
men, this is the nature of the moil part of
the evidence. My Lord of Clare, his evi-
dence is mu'.h the like, that is, his denying
that he knew of any plot. Now here is my
Lord Howard under a guilt of high trea-
fon ; for he was one of thofe conipirators
not yet difcovercd, nor no evidence of any
difcourfe leading to any thing that (hould
give him occafion to him to protefl: his in-
nocency : And, fays he, I know nothing of
the plot. You would have wondered if he
fhould have been talking in all places his
knowledge, and declaring himfelf : His de- .
nying of it under the guilr, when he was
not accufed, is nothing to his confefTion
when he comes to be apprehended and taken
for it. Heie Mr. Philip Howard fays, he
had feveral difcourfes with him about this
bufinefs, upon the breaking out of the plot,

and

A COLLECTIO

and that he advifed him to make an addrefs,
and that this was a thing that would be
very acceptable, and very much for their
vindication v and my Lord Howard (he
fays) thanked him for his very good advice ;
and faid, he would follow it : And prefently
after, when my Lord Ruflel was appre-
hended, Mr. Howard tells him the news,
that my Lord Rufiel was apprehended ;
this was fudden to him. And what, fays
he ? We are all undone. When my Lord
Ruflel that was one of this council, that was
a fecret council, and could not be traced
but by fome of themfelves, when he is ap-
prehended, then he falls out into this ex-
prefTion, *' We are all undone." This is
an argument my Lord Howard had a guile
upon him. For, why were they all un-
done, that my Lord Ruflel was appre-
hended, any more than upon the appre-
Tiending the reft ? Yes, becaufe my Lord
was one of the fix, and kow it was come to
the knowing of that part of the confpiracy.
It was traced to the council of fix, which'in
all likelihood would break the neck of the
defign. Now though he put it off after-
ward?, faying, " I believe it is a fliam
plot," yet ihis was but a trivial put off.
And then, when Colonel Sidney is taken,
the fame witnefs, Mr. Howard tells you,
my Lord was very fad and melancholy ;
for then he had greater reafon to lie under
an apprehenfion ot being detected. There-
fore, gentlemen, this will rather confirm
the truth of the evidence, than any way
impeach it, Then (for I would repeat it
all, though I think it had no great weight
in it) Dodor Burnet fays, that after t!ie
plot, my Lord Howarc^ pretended he knew
of no plot. This is no more than' was tef-
tifiedby the other Lords bfefore ; and all it
imports, is, that my Lord did not difcover
' himfelf to Dr. Burnet. But I would lain
know, if my Lord had told Dr. Burnet,
had it not- argued that he had great confi-
dence in' him, that lie thought him a man
Vol. I. No. 26.

N' OF TRIALS. 617-

fit to be entrufted with fuch a fecret ? And
unlefs the Doflor defires to be thought fuch
a man, himfelf muft own it is no objedion,
that my Lord Howard did not tell him.
Ducas's teftimony is no more neither, that
he protefted he was innocent, and believed
Colonel Sidney was innocent ; and this
was before my Lord Howard difcovercd
any thing of this plot. Then Colonel Sid-
ney objeds, this is by malice, my Lord
Howard owes him money, and feeks to pay
his debts by taking away his life ; and in
further profccution of 'this malice, would
have fcized upon his goods. But the evi-
dence does not receive fuch conftrndion,
for my Lord Howard only offered Colonel ■
Sidney the civility of his houfe to protedl
his plate and goods. Now, gentlemen,
there were two other witneffes, my Lord
Pager, and Mr. Edward Howard ; but
they fay no more than the reft of them,
that he did proteft his innocency, and Mr.
Howard fays, he advifed him to make an ad-
drefs to the King. This, gentlemen, I re-
peat, not that it is material, but for no other
reafon, than becaufe Colonel Sidney had
produced it; and fo we are to think, he
intended to make fome ufe of it; but I
cannot fee any inference to be drawn from
it. There is one witnefs more, and that is
Mr. Blake, to the credit of my Lord How-
ard, who comes here, and fay.s, that when
he difcourfed about a pardon, my Lord
(hould fay, that he had a warrant for his
pardon, but that he had not yet pafll-d it,
and could not yet ; and he apprehended the
reafon was, becaufe the drudgery of fwear-
ingwa.s not over. But this is but what my
Lord Howard hsd conjcdored : Firll, It
does not appear, ;h.it there is any proniife
of pardon at all to n-y Lord Howard, on
any terms impof( d on him. In the next
place, Whatever expedation he has of a
pardon, .he cannot reafonr.hly hope for it
without making a clear difcovery of all he
knows: For to Rifle tlis evidence he has
7 S given,.

e-r 8 A COLLECT!

given, is not the way to dclci ve a pardon of
his Prince. Therefore, gentlemen, what
ever cxprclTions were uled, though he cal-
led it the drudgery of fwearing, host'ever
unwilling he is to come to it, and though he
gives it very many hard -names, and
might think it very harfh to tome and own
himiclftobe one of the confpirators, it
might be irklbme, and very irklbme •, yet
none of them ttU yon, that my Lord How-
ard fliould lay, that what he had faid was
not true. Now he has come and given
bis evidence, and you have heard all thefe
cbjeSions againft it, and not one ot them
touch it in the lead.

I come in the next place to the other
part of the evidence, the papers found in
Colonel Sidney's houfe; And in the firft
place he objects, they cannot affeft him ;
for, fays he, there is no proof they were
found in my houfe, no proof they were
written by me •, for compurifon of hands,
that is nothing -, and if they were proved
to be mine, it is nothing at all to the pur-
pofe : they are an anfwer to a polemical
difcourfe, wherewith he entertained himfelf
privately in his ftudy. Why, you have
obferved, I know, that Sir Philip Lloyd in
the firfl: place fwears, that by warrant from
the Secretary he fearched his houfe, and he
found the papers lying upon Colonel Sid-
ney's table in his ftudy, when he came in
there •, and there is no ground nor colour
for you to fufpeCl otherwife than that they
were there, and he found them there. For
the furmife of the prifoner at the bar, that
they might be laid there, it is fo foreign and
without ground, that by and by you will
think there is nothing at all in it. In the
next place, we prove Colonel Sidney's
hand, and that by as much proof as the
thing is capable of-, fuch a proof as in all
cafes hath been allowed -, and that is, for
men to come that know and are acquainted
with the hand-writing, and fwear they
know his hand-writing, and they believe

ON OF TRIALS.

this to be his Jiand, You have heard from
Mr. Sheppard, a man that ufed to tranfafl:
bufinefs for him, pay money for him ; and
Mr Cooke and Mr. Gary, men of known
credit in the city of London, that have had
the like dealings with Col. Sidney, and they
fwear this is his hand writing, as they verily
believe. So that, gentlemen, this proof to
you cf Colonel Sidney's hand-writmg does
verify Sir Philip Lloyd, that thefe papers
muft be found there, if Colonel Sidney writ
them ; and then this being found that they
were writ by him, the next thing will be,
how far this will be an evidence to prove
his compafling and imagining the death
of the King. Compafiing and imagining
the death of the King, is the ad of the
mind, and is treafon wliilfl: it remains ft-
cret in the heart, though no fuch treafon
can be punifhed, becaufe there is no way
to prove it ; but when once there is any
overt ad, that is, any thing that does mani-
feft and declare fuch intention, then the
law takes hold of it, andpunifhes it as high
treafon.

Now after this evidence, I think no man
will doubt, whether it was in the heart of
the prifoner at the bar to dcftroy the King.
But firft he objefts, that this is a part of a
book, and unlcfs you take the whole, no-
thing can be made of it; as it isin wreftingof
texts offcripture, fays he, you may as well fay,
that David fays there is no God, becaufe
David hath faid, " The fool hath faid in
his heart, there is no God." Bur, gentle-
men, the application will not hold ; for you
fee a long difcourfe hath been read to you,
a continued thread of argument ; it is not
one propofition, but a whole feries of ar-
gument : Thefe are the pofitions, " That
the King derives all his power from the
people v that it is originally in the peoplcj
and that the meafure of fubjedion muft be
adjudged by the Parliament; and if the
King does fall from doing his duty, he muft
exped the people will exad it." And this

A COLLECTIO

he has laid down as no way prejudicial to J
him i for, lays he, the King may refute the j
crown, if he does not like it upon thefc
terms. Bur, fays he, if he does accept it,
he mufl: expetl the performance will be
txafted, or revenge taken by thofe h^ hath
betrayed. Then next, he lets up an ob-
jedion, and then argues againft it : Ay,
but [hall the people be judge in their own
caufe ? And thus he anfwers it, It mull be
fo ; for is not the King a judge in his own
caufe ? How can any man elfe be tried, or
convifled of any offence, if the King may
not be judge in his own caule ; for to a
judge by a man's felf, or by his deputy, is
the fame thing -, and lb a crime againft the
King cannot be punifhed ? And then he
takes notice of it as a very abfurd pofition,
" That the King (hall judge in his own
caufe, and not the people." That would
be to fay, the fervant entertained by the
mafter fliall judge the mafter, but the maf-
ter fhall not judge the fervant. Gentlemen,
after this fort of argument he comes to this
fettled pofition, " We may therefore, (fays
he) change or take away Kings, (with-
out breaking any yoke, or that is made a
yoke -,) the injury is therefore in impofing
the yoke, and there can be none at all in
breaking of it." But he goes on in his
book, and that is by way of anfwer to an
objeftion, that if there be no injury, yet
there may be inconvenience, if the head-
lefs multitude Ihould ftiake off the yoke.
But, fays he, I would fain know how the
multitude comes to be headlefs ; and there
he gives you many inftances in ftory, and
from foreign nations he comes home to the
Enghfh, and tells you how all rebellions in
later ages have been headed ; and tells you
the Parliament is the head, or the nobility
and gentry tliat compofe it ; and when the
King fails in his duty, the people may call
it. The multitude therefore is never head-
lefs, but they either find or create an head,
fothat here is a plain and avowed principle

615

'Nfoj "TjR^I a L S.

of rebellion eftabliflied upon the ftrongeit
reafon he has to back it. Gentlemen, this,
with the other evidence that has been given,
will be fufficient to prove his compafTing
the death of the King. You fee the affir-
mations he makes ; when Kings do break
their truft they may be called to account by
the people. This is the doftrine he
broaches and argues for : He fays in his
book in another part, that the calling and
diffolving of Parliaments isnot in the King's
power. Gentlemen, you all know how
many Parliaments the King hath called and
diffolved ; if it be not in his power, he
hath done that that was not in his power,
and fo contrary to his truft. Gentlemen,
at the entrance into this confpiracy, they
were under an apprehenfion that their li-
berties were invaded, as you hear in the evi-
dence from my Lord Howard, that they
were juft making the infurreflion upon that
tumultuous oppofition of elefting of flie-
riffs in London. They enter into a conful-
tation to raife arms againft the King ; and
it is proved by my Lord Howard, that the
prifoner at the bar was one. Gentlemen,
words fpoken upon a fuppofition will be
high treafon, as was held in King James's
time, in the cafe of Collins in Roll's Re-
ports, " The King being excommunicate,
may be depofed and murdered," without
affirming he was excommunicated ; and
this was enough to convi6t him of high
treafon. Now according to that cafe, to
fay the King having broke his truft may be
depofed by his people, would be high- trea-
fon, but here he does as good as affirm the
King had broke his truft. When every one
fees the King hath diffolved Parliaments -,
this reduces It to an affirmation. And tho'
this book be not brought to that council to
be perufed, and there debated, yet it will be
another, and morethan two v/itnc*^'es againft
the prifoner ; for 1 would afk any man,
fuppofe a man was in a room, and there
were two men, and he talks with both apart,

and

6i6

A COLLECTION of TRIALS.

and he comes to one ami endeavours to per-
Iwade him ihat it is lawful to rife in arms
a;;-ainft the King, if fo be he break his truft •,
ar.d he Ihould go to another man, and tell
him the King hath broken his truft, and
we muft feek fome way to redrefs ourfelves,
and Derfwade the people to rife ; thefe two
witnefles do fo tack this treafon together,
that they will be two witnefles to prove him
guilty of high treafon. And you have
heard one witnefs prove it pofitively to you,
that he confulted to rife in arms againft the
King, and here is his own book fays, it is
lawful for a man to rife in arms againft the
King, if he break his truft, and in effeft he
hath faid, the King hath broken his truft:
Therefore this will be a fufficient demon-
ftration what the imagination of the heart of
this man was, that it was nothing but the
deftrudion of the King and the govern-
ment, and indeed of all governments.
There can be no fuch thing as government
if the people Ihall be judge in the cafe :
For what fo uncertain as the heady and
giddy multitude .'' Gentlemen, I think this
will be a fufficient evidence of his confult-
ing the death of the King. You have here
the prifoner at the bar that is very deep in
it. Indeed fome ^men may by paflion be
rranfported into fuch an offence, and tho'
the offence be never the lefs, whatever the
motives are, yet in fome it is lefs dangerous,
for thofe that venture upon paflion to raife
commotions and rebellion, arc not always
fo mu! h upon their guard, but that they
may make fome falfe fteps to intrap them-
felves. ijut this gentleman proceeds upon
a furer foundation, it is his reafon, it is his
principlr, it is the guide of ail his aftions,
it is that by which l;e leads and direifls the
Ikady courfe of his life. A man convinced
of thcfe principles, and that walks accord-
mgiy, what will not he do to accompiini
his dcfigns .'' how wary will he be in all his
aiVions ? Still reafuning with himfcif, which
•ivay to bring it mofl ftcurcly about. Gentle-

men, this is the more dangerous confpfracy
in this man, by how much the more it is
rooted in him -, and how deep it is, you
hear, when a man fhall write as his prin-
ciple, that it is lawful for to depofe Kings,
they breaking their truft, and that the re-
volt of the whole nation cannot be called
rebellion. It will be a very fad cafe when
people a&. this according to their confcien-
ces, and do all this for the good of the peo-
ple, as they would have it thought ; but
this is the principle of this man. Gentle-
men, we think we have plainly made it out
to you, and prove it fufficiently, that it was
the imagination of his heart to dedroy tiie-
King, and made fufficient proof of high-
treafon.

Sidney. Give me leave, my Lord, to fay a
very few words. I defire Mr. Sollicitor
would not think it his duty to take away
men's lives any how : Firft, we have had a
long ftory. — ■ —

L. C. y. Nay, Mr. Sidney, we muft not
have vying and revying, I afked you before
what you had to fay •, the courfe of evidence
is, after the King's counfel have concluded,
we never admit theprilbner to fay any thing.

Sidney. IVIy Lord, it was a wile man faidj .
j there never could be too much delay in the
I life of a man : I know the King's counfel
maj conclude, if they pleafe. Mr. Solli-
citor, I would not have him think that it
Is enough by one way or another to bring a
man to death : My Lord, this matter of Sir
Henry Vane is utterly mifreprefented.

L. C. jf. I muft tell you, gentlemen of
the jury, that what the prifoner fays that is
not proved, and what the King's counfel
have faid, of which there is no proof to
make it out, muft not Be taken into any
confideration.

Sidney. Then, my Lord, here is a place
or two in Old Hales, (turning over my
Lord Hales book) for the overt aft of one
treafon, not being an overt ad of another,
yourLordihip knows Coke and Hales werfe.

batk

A COLLECTION

o F T RIAL S.

f.ZT'

both againft it. (He reads.) Compaffing
by bare words is not an overt adt, conlpir-
ing to levy war is no overt aifl.

Sol. Gen. I defire but one word more for
my own fake as well as the prifoner's, and
that is, that if I have faid arry thing that is
not law, or mifrepeated, or mifapplied the
evidence which hath been given, I do tnake
it my humble requeft to your Lordfhip to
re<Stify thofe miftakes as well in point of
faft as point of law ; for God forbid the
prifoner fhould fuffer by any miftake.

L. C. J. Gentlemen, the evidence has
been long, and it is a caufe of great con-
cernment, and it is far from the thoughts
of the King, or from the thoughts, or de-
fire of any of his judges here to be inftru-
mental to take away the life of any man,
that by law his life ought not to be taken
away. For I had rather many guilty men
fliould efcape, than one innocent man fuffer.
The queftion is, whether upon all the evi-
dence you have heard againft the prifoner,
and the evidence on his behalf, there is evi-
dence fufficient to convict the prifoner of the
high-trealbn he ftands charged with. And as
you muft not be moved by the denial of the
prifoner further than as it is backed with
proof; fo you are not to be inveigled by any
infinuations made againft the prifoner at the
bar, further or otherwife than as the proof
is made out to you. But it is ufual, and it
"is a duty incumbent on the King's counfe),
to urge againft all fuch criminals, whatfo-
ever they obferve in the evidence againft
them, and Hkewife to endeavoar to give
anfwers to the objedlions that are made on
their behalf. And, therefore, fince we have
been kept fo long in this caufe, it won't be
amifs for me (and my brothers, as they (hall
think fit) to help your memory in the fadl,
and difcharge that duty that is incumbent
upon the court as to the points of lav/. —
This inditftaaent is for high-treafon, and is
(rrounded upon the ftatute of 25 tdw. 3.
By which ftatute, the compafling and ima-

V-OL.I. No. 27.

gining the death of the King, and declaring '
the fame by an overt adl is made high-trea-
fon. The reafon of that law was, becaufe
at common law there was great doubt what
was treafon ; wherefore to reduce that high
crime to a certainty was that law rsade, that
thofe that were guilty might know what to
expeft. And there are feveral Ads of Par-
liament made between the time of Edward
III. and that of i M. but by that ftatute
all treafons that are not enumerated by Af-
ter-Afts of Parliament remain as ihey were •
declared by that ftatute of 25 Edw. 3. —
And fo are challenges and other matters, in-
fifted upon by the prifoner, left as they were
at the time of that Aft : I am alfo to tell
you that in point of law, it is not only the
opinion of us here, but the opinion of them
that fate before us, and the opinion of all the
judges of England, and within the memory
of many of you, that though there be two •■
witnefTes required to prove ;i man guilty of
high-treafon ; yet it is not neceffary there
fliould be two witnefles to the fame thing at
one time. But if two witnefles prove two
feveral fafts, that have a tendency to the
fame treafon, they are two v/itneiles fuffi- -
cient to convidt any man of high-treafon.
In the cafe of my Lord Stafford in Parlia-
ment, all the judges afiifting, it is notori-
oufly known, that one witnefs to a confpi-
racy in England, and another to a confpi-
racy in France, were held two witnefles fuf-
ficient to convict him of high-treafon. In
the next place, I am to tell yoU; that though
fome judges have been of opmioB that words
of themfelves were not an overt adt -, but
my Lord Hales, nor my Lord Coke, nor
any other of the fages of the law, ever
qireftioned but that a letter would be an
overt aft, fufficient to prove a man guilty
high - treafon -, for fc'rihere cji agcre, Mr.
Sidney fays, the King is a politic pcrfon ;
but you muft deftroy him in his natural ca-
pacity, or it is not treafon ; but I muft tell
you, if any man compafs to imprifyn the

7 T

King^

^^2- "A COLLECTION of T R 1 A

Kinsr, it is high-trcafon ; fo was the cafe of finefs before you, that it is

L S.

my Lord Cobham. And my Lord Coke,
when he fays, if a man do attempt to make
the King do any thing force and compul-
fion, otherwife than he ought to do, that ic
is high-trcalbn within that a6l of 25Ehz. 3.
But if it were an indiftment only tur the
levying of war, there mull be an aflual war
levied ; but this is an indiQment for com-
palling the death of the King,; and the other
'treafon, mentioned in that aft of Parliament
,,for the levying war, may be given in evi-
dence to prove the confpiracy of the King's
•.-deaths For it is rightly told you by the
.King'-s counfel, that the imagination of a
man's heart is not to be difcerned ; but if
I declare fuch my imagination by an overt
zQ, which overt aft does naturally evince,
that the King muft be depofed, dellroyed,
smprifoned., or the like, it will be fufficient
evidence of treafon within that aft. In the
next place, having told you what the law
is, for, gentlemen, it is out' duty upon our
oaths, to declare the law to you, and you
are bound to receive our declaration of the
law, and upon this declaration, to inquire
whether there be a faft, fufficiently proved,
to find the prifoner guilty of the high-trea-
fon of which he (lands indifted : And for
that, I mull tell you, whatever happens to
be hear-fay .from others, it is not to be ap-
plied immediately to the prifoner ; but how-
ever thofe matters that are remote at firfl
may ferve for this purpofe, to prove there
was generally a confpiracy to deftroy the
Kinw and government ; And for that mat-
ter, you all remember it was the condant
rule and method obferved about the Popifli
plot, firfl to produce the evidence of the
plot in general : This was done in that fa-
mous cafe of my Lord Stafford in Parlia-
ment. Gentleriien, I am alio to tell you,
this alone does not at ail aflcft the prifoner
at the bar, but is made ufe of as a circum-
flance to fuppor* the credibility of the wit-
.jiciTes i and is thus far applicable to the bu-

ain, by perfons
that do not touch the prifoner at the bsr*^
(and I am forry any man makes a doubt or
it at tills time of day) that there v;as a con-
fpiracy to kill the King -, for after fo full a
proof in this place, and in others, and the
execution and confcfTion of ieveral of the
offenders, I am furprized to obferve that the
pi ifoner at the bar, and fome others prefent>,
leem not to believe it.

Bur, gentlemen, you hear the firft wit-
nefs ; I fpeak of Weil : He tells you he had
the honour to be acquainted with Mr. Sid-
ney, and that he had difcourfe with Walcot»
a perfon convifted and executed for this hor-
rid confpiracy. Why, fays he, he told me
at my chamber, that they were not the only
perlons concerned, but that there were other
perfons of great quality that had tiieir meet-
ings for the carrying on the bufintfs in other
places. And Fergulbn, that was the ring-
leader in this confpiracy, told him there was
a defign of a general infurreftion ; it was
once laid down, but it is now taken up again.
There are other counfellors of great impor-
tance ; and he names, among tlie reft, the
prifoner at the bar. Mr. Wefl: goes a little
further, and he tells you this : Says he, he
did not only tell me fo, but that there was
a defign to conciliate a correlpondence with
fome perfons in Scotland, and they were to
do it under the cant of having bufinefs in
Carolina. There is Mr. Keeling, he tells
you too, there was a defign for a general and
public infurreftion; that he was prefent with
the Goodenoughs, one and the other, and
that they had taken upon them to divide,
and did divide the city into fuch and fuch
diilrifts : And what was the bufinefs } It
was, that there rright be a general infur-
reftion ; might be an infurreftion, not only
to deflroy the King and the Duke, but to
deftroy all the King's loyal fubjefts ; and in
taking away their lives, to take away the life
of monarchy itfelf, and to fubvert the reli-
gion ellablifhed by law. Then comes in

Col.

A COLLECTION or TRIALS.

Col. Rumfey, and he gives you an account
that he had heard of fucli things in Mr.
Weft's chamber •, and telis you he had re-
ceived fuch intelligence. And all thefe give
you an account, that there was ilich a de-
fign to kill the King : And this is the fub-
ftance of the general evidence produced to
prove the conlpiracy. Then to make this
matter come home to the prifoner at the bar,
firft my Lord Howard gives you an account,
and does direcflly fwear, that about the mid-
dle or latter end of January laft, he happen-
ed to meet with Colonel Sidney, the prifon-
er at the bar, and the Duke of Monmouth
(they were the perfons firft began to have
difcourfe about this matter) and how they
met with a difappointment ; the thing had
flept a great while, and that it was fit it
fliould be revived again ; and that perfons
of quality were mentioned, who were to
have an immediate care in the carrying on
of the bufinefs, and that it fliould not be
divulged to too many •, accordingly there
was my Lord Ruflel, my Lord ofEftex.
my Lord of Salift)ury, and Mr. Flambden
named. He tells you, the prifoner at the
bar undertook for my Lord of Efiex, and
Mr. Hambden, and he tells you, the Duke
of Monmouth undertook for my Lord Ruf-
fel, and the reft ; and that this was the re-
fult of one meeting : He goes yet further,
that puriuant to this it was communicated
to thofe perfons fo to be engaged, and the
place and time was appointed ; the place,
Mr. Hambden's houfe •, but is not fo pofi-
tive to the time, but only to the place and
perfons. He fays, all thefe perfons met,
and he gives you an account, that Mr.
Hambden (becaufe it was neceflary for fome
perfon to break filence) gave fome fhort ac-
count of the defign of their meeting, and
made ibme refledtions upon the mifchiefs
that attended the government, and what ap-
prehenfions many people had upon the late
choice of fherifFs, and that there had been a
male-ad miniftration of public jufticei that

it was fit fome means (hould be ufed to te-
drefs thefe grievances. He cannot tell you
pofitively, what this man, or that man, laid
there •, but fays, that all did unanimoufly
confent to what was then debated about an
infurrci^tion •, and in order to it, they dif-
courfed about the time, when it ftiould be,
and that they thought fit it ihould be done
fuddenly, while nien's minds were wound
up to that height, as they then were -, and
as the firft witnefs tells you, there was a coii-
fideration, whether itfhould be at one placp,
or at feveral places together : He fays, then
it was taken into confideration, that this
could not be carried on, but there muft be
arms and ammunition provided. The nex,t
ftep is, about a necefiary concern, the con-
cern of money, and therefore our law calls
money, the finews of war. My Lord How-
ard tells you, that the Duke of Monmouth
propofed 25 or 30000 1. that my Lord Grey
was to advance looool. out of his own
eftate -, but then they thought to make their
party more ftrong by the afllftance of a dif-
contgnted people in Scotland, my Lord of
Argyle, and Sir John Cockram, and feveral
other people there to join with them. That
purfuant to this, they all after met at my
Lord Rufiel's, and the fame debate is re-
aftlimed, and among the reft, this particular
thing of conciliating a friendftiip with the
Scotch ; the Campbels, my Lord of Argyle,
and my Lord Melvin were particularly men-
tioned. That Col. Sidney took upon him-
felf to find out a mtlTcnger, but it was my
Lord Ruftel's part to write the letter; one
of the meflcngers named to convey the lame,
was Aaron Smith, he v/as known, fays my
Lord Howard, to fome of us •, and then we
all agreed, that Aaron Smith, was the moft
proper man : Upon this they brake up that
very time. Afterwards comes my Lord
Howard to Col. Sidney at fome diftance of
time, and he comes to him, and Ihews him
threefcore guineas, and told him, he was go-
ing into the city, and that they were to be

given

624 ACOLLECTI

given to Aaron Smith. He tells you after
this, that he had ibme other diicourfe about
a fortnight or three weeks after, with Col.
Sidney •, and that Col. Sidney did take
notice, that he had fent him, and that he
had an account of him, as far as Newcaftle.
So that 'tis very plain, that it was not fud-
den and rafh thoughts, it is a little more
than, according to the language we meet
with in fome pamphlets of late, more than
heats and ftirs. Gentlemen, then I muft
tell you here are circumftances proved in
purfuance of this defign, for Sir Andrew
Poller informs you, how that Sir John
Cockram and the Campbels, and one
Monro, as I take it, came to town, and
that he had difcourfe with fome of them
about their bufinefs of coming out of Scot-
land -, and he fays, they pretended it was
about bufinefs of fome trade to Carolina,
which does ftill corroborate the evidence.
He tells you likewife, that there being a
noife of difcovering the plot, they begun to
hide ; Sir John Cockram began to hide and
i\iu\k from place to place -, they come firft
with that cant in their mouths, about Ca-
rolina ; the meflenger Atterbury, tells you,
when they came to take thefe men, how
they IhufBed from place to place. So, gen-
tlemen, I muft tell you, that if in cafe
there be but one witnefs to prove a direft
treafon, and another witnefs to a circum-
ftance that contributes to that treafon, that
will make two witnefles to prove the trea-
fon : Becaule 1 would explain my mind,
Not long ago all the Judges of England
were Commanded to meet together, and one
that is the fenior of the King's counfel was
pleafed to put this cafe. If I buy a knife
of J. S. to kill the King, and it be
proved by one witnefs I bought a knife
for this purpole, and another comes and
proves, I bought fuch a knife of J. S. they
are two witnellcs fufficient to prove a man
truilty of High-Trcafon ; and I'o it was held
by all the Judges of England then prefent,

ON OF TRIALS.

in the prefence of all the King's counfel.
And therefore, Mr. Sidney, is mightily
mifl:aken in the law : For in cafe of any
treafon (except the treafon at the bar) or
in treafon for clipping and coining, one
witnefs is fufficient at this day. Now,
gentlemen, fuppofing all this fhould not be
fufficient, here is a libel, and it is a moft
traiterous and feditious libel. If you be-
lieve, that that was Colonel Sidney's book,
writ by him, no man can doubt, but it is a
fufficient evidence, that he is guilty of
compafling and imagining the death of the
King ; and let us confider, what proof can-
be greater, than what has been given of ir,
Mr. Sheppard, an intimate acquaintance of
his, that has feen him write, he looks upon
the hand, and fays, he is extremely ac-
quainted with the hand, and fays he, I
believe in my confcience, this book is Co-
lonel Sidney's hand. Gentlemen, do you
expetH: Mr. Sidney would call a witnefs to
be by to fee him write that book ?

In the next place, you have two tradef-
men, Coke and Cary, and they tell you,
one had feen hini write once, the other had
feen his hand-wriring, and they both believe
it his hand-writing, and they have good
reafon, for they have paid fcveral fums of
money, upon notes which they took, as
well as this, to be his hand-writing. Gen-
tlemen, befides that, give me leave to tell
you, here is another thing, that makes it
more plain. This very book is found in
Colonel Sidney's houfe, on the table in his
ftudy, where he ufed to write, by a gentle-
man, againfl whom Colonel Sidney can't
make the lead objeftion ; and that there
was that fairnefs offered by the gentleman,
" Pray Colonel put your feal upon ir, that
you may fee, that no injury be done you -,''
but Mr. Sidney would would not do iti
Therefore he feais them with his own fealj
and carries them to Whitehall, where they
were broken open, and iwearS that thole
papers v.'ere found in his clolet, whereof

this

A C O L L E C

this was one. Another thing which I miifl:

take noiice of to you in this cafe, is, to
mind you, how this book contains all the
malice, and revenge, and tieafon, that
mankind can be guilty of: It fixes the fo!e
power in the Parliament and the people ;
io that he carries on the defign ftill, for
their debates at their meetings were to that
piirpofe. And fuch doflrincs as thefc fuit
with their debates ; for there, a general in-
furrefton was defigned, and that was dif-
courfed of in this book, and encouraged :
They muft not give it an ill name : It muft
not be called a rebellion, it being liie
general aft of the people. The King, it
fays, is refponfible to them, the King is
but their truitee ; that he had betrayed his
truft, he had mifgoverned, and now he is
to give it up, that they may be all Kings
theinfelves. Gentlemen, I muft tell you,
I think I ought more than ordinarily to
prefs this upon you, becaufe I know the
misfortune of the late unhappy rebellion,
and the bringing the late blefTed King to
ti'.e fcafFold, was firft begun by fuch kind
of principles : They cried, he had betrayed
the truft that was delegated to him from
the people. Gentlemen, in the next place,
becaule he is afraid their power alone won't
do it, he endeavours io poifon men's judg-
ments ; and the way he makes ufe o% he
colours it v.ith religion, and quotes fcrip-
ture for it too; and you know hov/ far that
went in the late times ; how we were for
bindih:» our Kino; in chains, and our nobles
in fetters of iron. Gentlemen, this is like-
wife made ufe of by hini to ftir up the
peo, le to rcbiUicn. Gentlemen, if in cafe
the piifoner did defign the depofing the
King, the removing the King, and it in
order thereunto he be guilty of confpiring
to levy war-, or, as to the letter writ by my
Lord Rirlrel," if he was privy to'it, thefe
will be, evidences againfl him. So that 'tis
not upon two, but 'tis upon greater evidence
than twenty-two, 'if you -believe this book
Vol. I. No, 27.

T I O N OF T 1^ I A L S.

was writ by him

62 r
Next I muft tell yOu,
gentlemen, upon, I think, a lefs teflimony,
an indiiftment was preferred againfl the late
Lord Ruffel, and iie was thereupon con-
vifted and executed; of which they have
brought the record. Thele are tlie evi-
dences for the King.

For the prifoner, he hath made feveral
objections ; as that there was no war levied :
For that, gentlemen, at the bt-ginnino- of
I told you, what Ttook the
and I

the caufe,

law to be, and I take it to be fo very
plainly. But, gentlemen, as to the credi-
bility of my Lord Howard, he offers you
feveral circumftances. Firft, he ofTcrs you
a' noble Lord, my' Lord Angltf-y, who
fays, that he attending my Lord of Bed-
ford, upon the misfortune of the imprifon-
ment of his Ion ; after he had done, my
Lord Howard came to fecond that part of
a Chriflian's ofBce, which he had performed
and told him, he had a very good fon, and
he knew no harm of him ; and as to the
plot, he knew nothing of it. Another
noble Lord, my Lord Clare tells you, that
he had fjme dilcourle with my Lord i^ow-
ard, and he faid, that if he were accufed,
he thought they would but tell nofes, and
his bulinefs was done. I'hen JMr. Philip
Howard, he tells you, how he was not lb
intimate with him as others, but he of en
came to his brother's ; and that he fliould
fay, he knew nodiing of a plot, nor did he
believe any; but at the fame time, he faitl, .
he believed there was a fliam plot; and
then he prelled him about the bufinefs of
the addreis ; but that now my Lord of >
EfTc'X was out of town, and fo it v.'ent off.
Another thing Mr. Sidney took notice of, .
fays he, 'tis an adt of revenge in my Lord
Howard, for he owes him a debt, that he
does (befides by his allegation; does not
appear.

Sidney^ My Lord, he hath confefTed it.

L. C. y. Admit it ; yet in cafe Colonel ■
Sidney fliould be convidled of- this trcifon,
7U. the

•626

fi COLLECTION

T RIALS.

the ticbt accrues to the King, and he can':

man to coma and fwear himfelf over and

over guilty, in the face of a court of juftice,

ma'y il-cm irkfome, and provoke a man to

Lord Howard, when he Ipeaus of Colonel 1 give it fuch an epithet. 'Tis therefore for

'd'

be a farthing the better for«. But how
does it look liiie revenge ? I find in my

Sidney, fiys, \v' v/as more beholding to
him than any body, and was more forry for
h\m . lofiys my Lord Clare. Gentlemen,

you have it likevvife ofFered, that he came
to Colonel Sidney's houfe, and there he
was dehrous to have the plate and goods
removed to 4iis houfe, and that he would
alliil them with his coa<:h and coachman to
carry them thither ; and did affirm, that
he knew nothing of the plot ; and did not
■ believe Colonel Sidney knew any thing :
And this is likevvife proved by a couple of
maid fervants, as v/ell as the Frenchman.
You have likewife fomething to the fame
purpofe faid by my Lord Paget, and this
is otfeied to take off the credi'^ility of my
Lord Howard. Do you belifve, becaule
my Lord Howard did not tell them, I am
m a cor.fpiracy to kill the King •, therefore
he knew nothing of it ; he knew thcfe per-
fons were men of honour, and would not be
concerned in any fuch thing. But do you
think, becaufe a man goes about and denies
his being in a plot, therefore he was not in
it: Nay, it leems lb far from being an evi-
dence of his innocence, that it is an
evidence of his guilt. What (hould pro-
voke a man to dilcourfe after this manner,
if he hati not apprchenfions of guilt within
himfeif i" This is the teftimony offered
againft my Lord Howard, in difparage-
ment of his evidence. Aye, but further its
objected, he is in expectation of a pardon :
And he d d lay, he thought he (liould not
have the King's pardon till fuch tim.e as the
drudgery of fwearing was over. Why,
gentlemen, I take notice, before this dil-
courfe happened, he fwore the fame thing
at my Lord Rultel's trial. And I muft tell
you, though it is the duty of every man to
dil'cover all treafons •, yet I tell you, for a

his credit, that he is an unwilling witnefs;
But, gentlemen, confider, if thefe things
flii3u!d have been allowed to take away the
credibility of a witnel'?, what would have
become of the tellimonies that have been
given of late days .? What would become
of the evidence of all thole that have been
fo profligate in their lives ? Would you
have the King's counfel to call none but
men that were not concerned in this plot,
to prove that they were plotting ? Ay, but
gentlemen, it is further objeftcd, this hand
looks like an old hand, and it may not be
the prifoner's hand, but be counterfeited ;
and for that there is a gendeman, who tells
you what a dexterous man he is. He fays,
he believes he could counterfeit any hand
in half an hour •, 'tis an ugly temptation,
but I hope he hath more honour than to
make ufe of that art, he fo much glories
in. But what time could there be for the
counterfeiting of this book ? Can you ima-
gine that Sir Pliilip Lloyd through the bao-
fealed up did it ? Or who elfe can you
imagine fliould, or, does the prifoner pre-
tend, did write this book ? So that as on
one fide, God forbid, but we fhould be
careful of men's lives, fo on the other fide,
God forbid, that flourifhes and varnifli
fhould come to endanger the life of the
King, and the dellrudlion of the govern-
ment. But, gentlemen, we are not to an-
ticipate you in point of fa6l, I have accord-
ing to my memory recapitulated the mat-
ters given in evidence. It remains purely
in you now, whether you do believe upon
the whole matter, that the prifoner is guilty
of the High-Tieafon whereof he is in-
dited.

Juft. Withins. Gentlemen, 'tis fit you
Ihould have our opinions} in all the points

A COLLECTION

of law we concur with my Lord Chief
Juftice : fays Colonel Sidney, here is a
mighty confpiracy, but there is nothing
comes of it, who muft we thank for that ?
None but the Almighty Providence : One
of themfelves was troubled in confcience,
and comes and difcovers it; had not Keel-
ing difcovered it, God knows whether we
might have been alive at this day.

Then the jury withdrew, and in about
half an hour's time returned, and
brought the prifoner in. Guilty.
And the Lieutenant of the lower
took away his prifoner.

Monday 26 November 1683. ALGER-
. NONE SIDNEY, Efquire, was brought
up to the Car of
bench, to receive his fentence.

the Court of King's-

Lord Chief Juftice.

MR, Attorney, will you move any
thing ?

Att. Gen. My Lord, the prifoner at the
bar is convifted of high-rreafon, I demand
judgment againft him.

CI. cfCr. Algernone Sidney, hold up
thy hand. (Which he did) Thou halt
been indided of high-treafon, and there-
upon arraigned, and thereunto pleaded not
guilty, and for thy trial, put thyfeif upon
God and thy country, which country has
found thee guilty. What can'ft thou fay
for thyfeif, why judgment of death fhould
not be given againit thee, and execution
awarded according to law ?

mdney. My Lord, I humbly conceive
I have had no trial, I was to be tried by my
country, I do not find my country in the
jury that did try me, there were fome of
them that were not freeholders, I think, my

o F T R I A L S. 627

Lord, there is neither law nor precedent of
any man that has been tried by a jury, upon
an indictment laid in a country, that were
not freeholders. So I do humbly conceive,
that I have had no trial at all, and if I have
had no trial, there can be no judgment.

L. C. y. Mr. Sidney, You had the opi-
nion of the court in that matter before :
We were unanimons in it, for it was the opi-
nion of all the judges in England, in the
cafe next preceding yours, though that was
a cafe relating to corporations, but they
were of opinion, that by the ftatute of Queen
Mary, the trial of treafon was put as it was
at common-law, and that there was no fuch
challenge at common-law.

Sidney. Under favour, my Lord, I pre-
fume in fuch a cale as this, of life, and for
what I know concerns every man in Enc--
land, you will give mc a day and counlel
to argue it.

L. C.J. It is not in the power of the
court to do it.

Sidney. My Lord, T defire the indidment
againft me may be read.

L. C. J. To what purpofe ?

Sidney. I have iomewhat to fay to it.

L. C. J. Well, read the indiflment.

Then the Clerk of tlie Crown read the
indidrment.

Sidney. Pray, Sir, will you give mc
leave to fee it, if it pleafe you.

L. C. J. No, that we cannot do.

Sidney. My Lord, there is one thing then
that makes this abfolutely void, it deprives
the King of his title, which is treafon by
law, Defenforjidei. There is no fuch thing
there, if 1 heard right.

L. C.J. In that you would deprive the
King of his life, that is in very full I think.

Sidney. If no body would deprive the
King no more than 1, he would be in no
danger. Under favour thcfe are things not
to be over- ruled in point ot lite fo eaiily.

L. a J.

628 A C O L L E

L. C. J. Mr. Sidney, we very well un-
derftand our duty, we do not need to be
told by you what our duty isj we tell you
nothing but what is law, and if you make
objedions that are immaterial, we muft
over rule them. Do not think that we
over-rule in your cafe that we would not
over-rule in all mens cafes in your condi-
tion. The treafon is fufficiently laid.

Sidney. My Lord, I conceive this too,
that thofe words, that are faid to be written
in the paper, that there is nothing of trea-
fon in them ; befides, that there was no-
thing at all proved of them, only by fimiii-
tude of hands, which upon the cafe I alledge
to your Lordfnlp, was not to be admitted
in a criminal cafe. Now it is eafy to call

CTION OF TRIALS.

Duke of Monmouth ; if there had been
any thing in confultation, by this means to
bring any thing about, he muft have known
of it, for it muft be taken to be in profecu-
tion ofthofc defmns of his : And if he will
fay there ever was any fuch thing, or knew
any thing of it, I will acknowledge what-
ever you pleale.

L. C. J. That is over ; you were tried
for this facfl : We muft not fend for the
Duke of Monmouth.

Sidney. I humbly think I ought, and
defire to be heard upon it.

L. C. J. Upon what .?

Sidney. If you will call it a trial

L. C. J. 1 do. The law calls it fo.

Juft. Ifithins. We muft not hear fuch

a. thing Prodi I orie ; but yet let the nature i difcourfes, after you have been tried here,

and the jury have given their verdi(5t ; as if
you had not juftice done you.

Juft. Hollozvay. I think it was a very
fair trial.

Sidney. My Lord, 1 defire that you would
hear my rcifuns ; why I fiiould be brought
to a new tria'.

L. C. J. I'hat cannot be.

Sidney. Ee the trial what it will .? ,

CI. of Q: Cryer, make an O yes.

Sidney, Cannot 1 be heard, my Lord ?

L. C. y. Yes, if you will fpeak that which
is proper; it is a ftrange thing. You fee m
to appeal as if you had fome great hardfliip
upon you. I am iure, I can as well appeal
as you. I am fure you had all the favour
fhewed you, that ever any prifoner had.
The court heard you with patience, when
you fpake what was proper •, but if you be-
gin to arraign the juftice of the nation, it
concerns the juftice of the nation to prevent
you : We are bound by our confciences
and our oaths to iee right done to you ; and
though we are judges upon earth, we are
accountable to the judge of heaven and
earth ; and we adl according to our con-
fciences, though we do not adl according,
to your opinion.

Sidney, .

of the things be examined, I put myfelf up
on it, that there is no treafon in it.

L. C. J. There is not a line in the book
fcarce, but what is treafon.

Juft. Withins. I believe you do not be-
lieve it treafon.

X. C. J. 1 hat is the worft part of your
cafe ■, when men are riveted in opinion, that
Kings may be dcpofed, that they are ac-
countable to their people, that a general
infurredion is no rebellion, and juftify it,
it is high time, upon my word, to call them
to account.

Sidney. My Lord, the other day I had a
book, wherein I had King James's fpcech,
upon which all that is there, is grounded
in his own fpeech to the Parliament in
1603, and there is nothing in thefe papers,
which is called a book, though it never ap-
peared, for if it were true, it was only pa-
pers found in a private man's ftudy, never
ftiewed to any body •, and Mr. Attorney
takes this to bring it to a crime, in order to
fume other counfel, and this was to come
out fuch a time, when the infurredion brake
gut. My Lord, there is one j)erfon 1 did
not know where to find then, but every
i3ody knows where to find now, that is the

A COLLECTION of T xR I A L S.

Sidney. My Lord, I fay. In the firft
place I was brougln to Wtftminfler hy Ha-
beas Ccrpus, the 7ch of this month, granted
the day before I was to be arraigned, when
vet no bill was exhibited ap-ainll me i and
my profecLitors could not know it would
be found, unlefs they had a correfpondence
with the grand jury, which under favour
ought not to have been had.

L. C. J We know nothing of it : You
had as good tell us of fome body's ghoft, as
you did at the trial.

Sidney. I told you of two infamous per-
fons that had aded my Lord Ruli'el's

629

ghoft.

L. C. J. Go on, if you have any thing
elfe.

Sidney. I prayed a copy of the indift-
ment, making my objedlions againft ir, and
putting in a fpecial plea, which the law 1
humbly conceive allowed me : the help of
counf I to frame it was denied.

L. C. J. For the copy of the indidment,
it was denied in the cafe you cited. This
favour {hewed you to day, was denied at
any time to Sir Henry Vane, that is, to
have the indidtment read in Latin. Don't
fay on the other Side, we refufcd your plea.
I told you, have a care of puttii;g it in. If
the plea was fuch as Mr. Attorney did de-
mur to it : I told you, you were anfwerable
for the confi."qucnces of it.

Jull. fVttbins. We told you, you might
put it in, but you muft put it in at your
peril.

Sidney. My Lord, I would have put it
in.

L. C. y. I did advertife you : If you put
in a plea, upon your peril be it. I told
you, we are bound by law to give you that
fair advertifemnet of the great danger you
would fall under, if it were not a good
plea.

Sidney, My Lord, my plea was that could
never hurt mc.

L. C. J. We do not know that.

Vol. I. No. 27.

Sidney. I defire, my Lord, ithis, that it
may be conHdered, that being brought here
to my trial, I did defire a copy of my in-
diftment, upon the ftatutc of 46 Ed. .,•.
which dc>es allow it to all men in all c?.f s.

L. C. y. I tell you the law is otherv.'ife,
and told you fo then, and tell you io now.

Skhey. Your Lordfliip did not te!! mc,
that was not a law.

L. C. y. Unlels ther? be a law particular
for Colonel Sidney. If you have any more
to fay

Sidney. I am probably infor.med, and, if
your Lcrdiliip will give me time, fnall be
able to prove it, that the jury was not fum-
mcned, as it ought to be : My Lord, if
this jury was not fu.mmoned by the bailiiT,
according to the ordinary way, but they
were agreed upon by the Under-Oieriff,
Graham and Burton, I defire to know
whether that be a good jury ?

L. C. y. We can take notice of nothing,
but what is upon the record : Here is a re-
turn by theflieriff-, if there had been any
indireft means ufed with the fheriff, or any
elfe, you fhouid have mentioned it before
they were fworn.

Sidney. Is there any thing in the world
more irregular than that ?

L. C. y. I know nothing of it. That
time is pad.

Sidney. Now, my Lord, all men are ad-
mitted on the jury.' i; ,.

L. C. y. Why, you did not like gentle-
men, and now you do not like thofe that
you had. In plain Englifh, if any jury had
found you guilty, it had been the fame
thing. It had been a good fummons, if
they had acquitted you.

Sidney. When the jury, thus compofcd
was fworn, four witnelFcs, of whom three
were under the terror of death for treafons,
were produced againft me. And they con-
fefled themfelves guilty of crintes of which
I had no knowledge, and told flories by
hear- fay. And your Lordlhip did promife
7 X in

OF TRIALS.

Proclamation made for filence.

Mr. Baivfiehl. Sir, I pray you to hear
mc one word as Amicus Curiae, I humbly
luppofe that your Lordfliip will not give
judgn-jcnt if there be a material defecl in the
indidment, as the clerk did read it he left
out Defenjor Jidei, which is part of the ftyle
of his Majelty.

L. C. J. We have heard of it already, we
th^nk you for your friendfliip, and are fa-
tisfied. Mr. Sidney, there remains nothing
for the court, but to difcharge their duty,
in pronouncing that judgment the law re-
quiies to be pronounced againft all perfons
convided of high-treaibn ; and, I muft ttll'
you, that though you feem to arraign the,
juftice of tiie court, and the proceed-
ing

630 A COLLECTION

in fumming up the evidence, that the jury
fhouitl be informed what did reach me,
and what nor, and I do not remeniber tliat
was done.

L. C. J. I did it particularly, I think I
was as careful of it as poffible 1 could be.

Sidney. My Lord Hov/ard being the only
witnefs, that laid any thing againft me ;
-papers, which were faid to be found in my
houfe, were produced as another witnefs,
and no other teftimony given concerning
them, but that the hand was like unto
mine. No m.an can fay, I read them, or
fhewed them to any man. None knew
•when they were written ; the ink llicwed,
they had been done many, and perhaps 20
or ;^o yea s. Yea, fome paflages were
read out of them, without examining what
went before and after, when I dcfired the

v/hole might be read, it was refufed, unlefs j Sidney. I muft appeal to God and ilie
I fpccified the paflage, which I could not ; world, I am not heard
do, knowing not one word in them. When
I alledged, that in criminal cafes fimilitude
ot hands could not be taken for evidence,
propofed my points of law concerning
conilrudive trealbn, &c. And I did con-
ceive, that no court under the Parliament
could be judges of it, and diddefire the fta-
tute, which did fo enaft it, might be read,
it could not be obtained •, and I cited many
judgments in Parliament.

L. C. J- Mr. Sidney, if you arraign the
juftice of the nation fo, as though we had
denied you the methods of juftice, I muft
tell you, you do what does not become you,
for we denied you nothing that ought to
have been granted. If we had granted you
lefs, I think we had done more our duty.
What points of law do you mean ?

Sidney. That of conilrudive treafon, my
Lord.

L- C. J. We do not go upon conftruc-
tlve treafon, it is plain treafou within 25
Edw. 3.

Sidney. Is writing an ad ?■

X.. C. J. Yes, it is agere.

L. C. J. Appeal to whom you will. I
could wiih with all my heart, inftead of ap-
pealing to the world, as though you had-
received fuir.ething e.xtieme hard in your
cafe, that you would appeal to the Great
God of heaven, and confidcr the guilt you
have contradcd by tlie great offence you.
have committed. I wifti with all my
heart, you would confider your condition,
but if your own ingenuity will not provoke
you, nothing, I can f;iy, will prevail with
you to doit, if the King's general pardon,
in which you had fo great a fliare of the.
King's mercy, will not. I could wifli,
that, as a gentleman and as a Chriftian,
you would confider, under what particular
obligations you lye to that gracious King,
that hath done much more for you. I
ftiould have thought it would have wrought
in you fuch a temper of mind, as to have
turned the reft of your lite into a generous
acknowledgment of his bounty and mercy,
and not into a ftate of conllant combining
and writing, not only to dellroy him, but.
to fub vert, the government ; and I am forry

10.

A COLLECTION of TRIALS. 63r

pleafure of tlie King. And the
God of infinite mercy have mercy
upon your foul.

tx) fee you fo earneft in the juftification of
the book, in which there is fcarce a line,
but what contains the rankell treafon, fuch
as depofing the King : It not only encou-
rages, but jullifies all rebellion. Mr. Sid-
ney, you are a gentleman of quality, and
need no counlel from mc: If I could give
you any, my charity to your immortal loul
would provoke me to it. I pray God fea-
fon this affliction to you. There remains
nothing with the court, but to pronounce
that judgment that is expefled, and the law
requires and therefore the judgment of the
court is :

That you be carried hence to the place
from whence you came, and from
thence you fhail be drawn upon an
hurdle to the place of execution,
where you fhall be hanged by the
neck, and, being alive, cut down ;
yourprivy members fhall be cut off,
and burned before your face, your
head fevered from ycur b';dy, and
your body diviiicd into four quar-
ters, and they to be difpofed at the

Sidney. Then, O God, O God, I be-
feech thee to fandlify thefe fufferings unto
me, and impute not my blood to the
country, nor the ciry, through which I am
to be drawn ; let no inquifition be made for
it, but if any, and the Ihedding of blood
that is innocent, muft be revenged, let the
weight of it fall only upon thofe, that ma-
licioufly periecLite me for righteoufnefs
fake.

L. C. y. I pray God work in you a tem-
per fit to go unto the other world, for I fee
you are not fit for this.

Sidney. My Lord, feel my pulfe, f holding
out his hand) and fee if I am difortlered, I
blefs God, I never was in better temper.
than I am now.

Tiien the Lieutenant of the Tower car-
ried back his prifoner.

His attainder was reverfed in Parliament,
the lit of W. and M.

The Trial of T i T U S O AT E S, for Perjiiry, in the Court of King's-

Bench, on the 8th of M;iy 16H5.

THE defendant v/as permitted to fit
within the bar, that he might the
more conveniently order his papers, and
manage his defence. The jurors being call-
ed, he challenged fome of them, bccaufe
they had been upon the grand jury, and
founds the bill againft him •, which was al-
lowed to be a good caufe of challenge.

The names of the twelve that were fworn,
wjre,

. . J ^ R Y.

Sir William Dodfon, Robert Brdingfiek',
Sir Edmund Wifeman
Richard Alcy,

Thomas Fovvlis,
Thomas Bl.ickmore,
Peter Pickering,

ThomasRawlinlbn,
Roger Reeves,
Ambrofe I lied,
Henry Collier, ancV
Richard Howard.
The

'632

A C O L ^ E C T I O N of TRIAL S.

The indictment charged the defendant
-v.i K arCKil and to rupt perjurj', ii-i that he
.Ii'K], o!1 iiie lyth oi December 1678, (worn,
tiic,-^ was. a trcalbnable conluk of jefuits
held at th>» Vviiite-horfeTavern intheSrrand,
in the County of Middiefex, the 24th of
Jprit in the laid year 1678, at winch the
jefuits Vvhitcbrcad, Feiivich, and Ireland,
the fiid 1 if.is Gates, 'and forty or fifty more
jifuits, were prcfent ; and that they fcpa-
rr.ted tl^.enifeiv.es into fcveral companies, or
clubs, and came to a re'blution to murder
theKing: And that he, thefaid Titus Gates,
carried tiie fax! refplution from chamber to
c'lamber to be figned by the faid jefuits ;
whereas in truth and fa£t, he, the faid Titus
Gates, was not preient at any fuch confulc

drawn up by one Mico, and he 'Gates) him-
felf, went with it to fcveral of their cham-
bers : He v/ent to Whitebread's chamber,
and faw Whitebread fisin it : He went to
Fenwick's chamber, and faw Fenwick fign
it ; and went to Ireland's chamber, and faw
Ireland fign it, upon t!ie 24th of y^;)n7, 7S.
I am pofitive in this, becaiife I took notes
at the trial, being a juryman •,. and after-
wards compared them with the trial, and
found they agreed ; and 1 have kept thefe
notes by me ever fince.

Gates demanded, if he fwore they re-
folved to kill the King, at the VVhite-horfe
Tavern, or that refolution was made after
they feparated into lefier clubs : Mr. Foller
anfwered, they came to a refolution, you

on the 24th oi Jpril 1678, nor carried any j faid, at the White horfe Tavern ; and it

fuch refolution from chamber to chamber
to be figned : And fo the faid Titus Gates,
on the faid 17th oi Decern! er 1678, did com-
mit wilful and corrupt perjury.

The King's counfel, having opened the
indicTment, proceeded to produce their evi-
dence : .And firft the record of Ireland's
fonviftion was read -, then iVIr. Fofter was
fworn, and gave the following teftimony,
(viz.)

I was fo happy to be on that jury by
whom Mr. Ireland, Pickering, and Grove,
were tried in December 78. I faw Mr.
Gates fworn as an evidence for the King ;
and he depofed, that there was a meeting of
feveral je'.uits at the White-horfe Tavern in
the Strand, upon the 24th oi April 1678;
and that Mr. Ireland, Whitebread, and
Fenwick, were prefent at the meeting, and
that there they did confult the death of the
King, and the altering of rcligon ; and fome
went, and others came At laft they re-
duced themfclves into feveral fmaller com-
panies or clubs, and came to a refolution,
that Pickering and Grove (hould alTairinatc
the King ; for which the one was to have
J 500 pounds, and the other 30,000 mafl^es
faid for him 1 and that this refolution was

was there drawn up by one Mico, I think;
and it was carried by you tor every one to
fign it from chamber to chainber-, for, I
remember, you were aflceii the quefl:ion,
whether you faw them fign it .? And you
anfwered, that you did carry it, and law
them fign it.

Gates demanded, how he came to remem-
ber all this after fo long time . Mr. Fofter
anfwered, truly it is fo long ago, that had 1
not taken thefe notes at the trial, I had not
been able to give fo good an account.

Then about twenty gentlemen, who were
ftudents at the F.nglifh college at St. Gmers,
when Mr. Gates was a ftudent there, de-
pofed, that they were fure he was at thefaid
college from Chriftmas to June 1678, and
was not abfent from the college during that
time, unlefs a day or two in January, when
he went to Watton, a town in that neigh-
bourhood : And thefe witneflrs mentioned
fuch circumrtances to confirm their tefti-
mony, as fhewed they could not eafily be
miftaken ; as that Mr. Gates always dined
at a table by himfelf in the college-hall ;
for, being a man in years, he pretended he
could not eat as the young ftudents did, and
therefore fat at a little table by himfelf, nex

A COLLECTIO

to the table of the fathers, to v^hich all the |
ftudents made their reverence before they i
fat down. Others depofed, he was appoint- :
ed reader in the Sodality, and that he read t

N OK TRIAL S.

26th of May,

Aiidiii's day, the

That when the news of the

diCcovered came to Sc. Omers, it was won-

dered at by all the fcholars, how Oatcs

.635

N; .^.

plot's bri 'g

;there.at the fame time he had fworn he was ! could be fo impudent to pretend he

in London, except a few days he was in the
infirmary. Otliers remembered he was at
■St. Omers at that time, by his being with
them at certain fports and recreations they
ufed then -, and feveral more by other cir-
cumftances. And when the printed trial of
the jefuits was brought over to St. Omers,
they were amazed to find Gates fwear he was
at a confult at London the 24th of April,
when the whole college knew he was at St.
Omers. Haggerftone depofed, that there
was, indeed, a congregation of the jefuits
held in London in April 78, as was uliial,
once in three years, to chufe a procurator,
and other bufinefs relating to the fociety :
And that he faw two of the fathers go from
St. Omers to that congregation ; but he rt-
membered very well that Oates remained
there then, for he frequented his company
all that time ; and when the fathers, viz.
Mr. Williams and Mr. Marfh, returned to
St. Omers, the defendant, Oates, afked this
witnefs, if they had been at the confult ?
Others depofed, that Oates was fo remark-
able for his ftories and ridiculous actions,
and quarrelling with every body in the col-
lege, that if he had been out of the college
fo long as to go to London, and back again,
every body mud have mifled him.

The Lord Gerrard, who was a ftudent at
St. Omers when the defendant was there,
depofed, that Oates came to St. Omers
in December 77, and he never heard he was
abfent till June 78, and that he remem-
bered him particularly the 25th of March
78, when Mr. Oates defired to be ap-
pointed reader to the Sodality, and that
he was conftant in his reading on Sundays
and holidays for five or fix weeks : That he
remembered his being confirmed by a Ca-
tholic Bifhop, who was there, on St.
Vol. L No. 27.

was at
uc!i a confult the 2 4rh ot April 78, when
all the college faw him every day in April
and May at St. Omers, as much as a man
could be ieen in a family ; and that no
fcholar came or went away but it was the
common news of the houfe.

Mr. Samuel Morgan, a beneficed clergy-
man of the Church of England, depofed,
that he was a ftudent at St. Omers in the
year 78, and h.id been five years reconciled
to the Church of England : That he re-
membered Oates came to St. Omers about
a fortnight before Chriflmas 77, and went
away in June 78, and did not remember he
was abfent during that time, except one
night at Watton : That Ireland's trial
being brought to the college, wherein it
was faid, Mr. Oates had fworn the 24th of
April 78, he was at a confult of the jefuits
at the Whltc-horfe tavern, where they re-
folved to kill the King ;' having it then
freth in his memory, he found Oates was at
St. Omers that very day, by a particular
circumftance ; for he was playing at ball
that cay, and ftruck the bail over into
a court, and borrowed Mr. Oates's key to
fetch it.

The court directing Mr. Oates to enter
upon his defence, he objefled to the indict-
ment, that the aflignment of the perjury
did not purfue the oath, as it was fee
forth ; for in the one place the word was
j!gnand\ and in the other_/?^;z<2/'; andific
\strt figv.at' in the evidence that was given,
it ought to heftgnat in the perjury affigncd.
The court told him that they were then upon
the fad-, and that this objcdlion would be
faved to him if he were conviLted, but it
was not projier now. Bcfides, he fliould
remember, there were two perjuries af-
figned ; the one upon the firll part of his
7 Y oath.

634 ACOLLECTI

oath, viz. thac he was prefent at a confult
the 24th of April 78, ubi re vera^ he was
not there ; and if he were forfworn in that
point, it would eafily be believed he was
forfworn in the other point, viz. That he
did not carry the refolution from chamber
to chamber, &c.

In the next place, he defired the opinion
of the court, whether the evidence did prove
the words he was faid to fwear, as they were
laid in the indiftment?

The court anfwercd, they thought them
fully proved -, but that was a point of fadl
vvhich the jury were to try,

Tiien the defendant produced a copy of
the record of Ireland's convidlion j which
was proved to be a true copy by Mr. Per-
cival : And he defired to have council af-
figned him to argue this point of law, viz.
Whether the convidtions an3 attainders of
Ireland and Whitebread, of a treafonable
confult the 24th of April, 78, ought not to
be taken as a legal proof of the faft, fo long
as thofe attainders remained in force ? And
whether the averment of their being falfe,
ought to be received againft thofe records ?

The court anfwered, that though that
remained a good record, and unimpeach-
able ftill ; yet it was lawful to fay, the
verdift was obtained upon the teftimony of
fuch a one, who forfwore himfelf -, and for
that particular perjury the offender might
be profecuted.

Oates. If your Lordfhip rules that for
law, I will go on : And firlt, I fhall fubmit
it to your confideration, why the prefent-
menr, and the finding this bill for perjury,
has been lb long delayed ; fince it appears,
that the fame witnefies were at the trial ot
the five jcfuits, or might have been pro-
duced then ? And I muft obferve, that my
cafe is very hard, feeing the fubftance of
my teftimony received fuch credit, that the
jury were told, upon bringing in their
verdidl:, that all the objcftions againft the
evidence, were then fully anfwered : That
there was nothing that the '\'-'.'^iners had

ON OF TRIALS.

been wanting in to objeft, which could be
objcded J and that the thing is as clear aa
the fun: And yet, after fix years time, I
muft be called in queftion for perjury, in
my teftimony of that part of the Popifli
plot with which the King and kingdom,
four fuccefiive Parliaments, all the Judges
of England, and three juries, were fo well
fatisfied. The evidence I gave, they in-
duftrioufly endeavoured to falfify fix years
ago, by fixteen St. Omers youths, who
were examined at Whitebread's and Lang-
horn's trials, in neither of which were they
believed, becaufe of their religion and edu-
cation, and becaufe their inftruftors were
men of known artifice ; and if my evidence
were true then, it muft needs be fo ftiU ;
for truth is always the fame : And I defire
your Lordfhip and the jury would obferve,
that though the King's counfel are againft
me now, yet they are alfo againft them-
felves. Mr. Sollicitor was counfel for the
King at Langhorn's trial -, and Sir Robert
Sawyer, at Sir George Wakeman's : And
can it be fuppotd, that it is the love of
public juftice, that is the caufe of this
attempt to talfify my evidence, after fo
many trials, in which it has been credited
and confirmed .' Can any thing tend more
to fubvert the methods of juftice, and
frighten witnefl'es from difcovering con-
fpiracies ? Had the King, his Peers, his
Commons and Judges, no honour, no
juftice or underftanding ? Shall thofe juries
be laid to have drawn the innocent blood
of thofe men upon their own heads, and
the nation ? As if I am perjured, it muft
be innocent Wood that was flied upon
it. . -A y,ra :

Court. Neither Judges or jury have any
fliare in that blood : 1 hat is your own molt
certainly.

Oatcs. My Lord, if you pleafe to give
me leave to proceed in my evidence, I defire
thefe records of con virion may be read,
which are my firft proof of the confult j

and

A COL LECTIO

and I fliall then bring wirnefles, viva voce,
to prove whac 1 did Iwear at thofe trials was
true.

L, C. J. The queftion now is. Not whe-
ther there was a confulti but whether you
can prove yourfelf to be here on the 24th
of April, 78 ? At which time it is agreed
on all hands, there was a confult, as is
ufual, once in three years.

Oates. I (hail not go about to prove,
that I was not then at St. Omers ; but that
I was actually in London : But to introduce
this, it will be neceffary for me to read the
records of conviftion of Whitebread and
Ireland.

Then the record of Ireland's convidion
was read in Englifh.

Oates. Now read Whitebread's attainder;
I will not trouble the court with the whole
record.

CI. ofCr. Thomas White, alias White-
bread, William HarcourC, alias Harrifon,
John Fenwick, John Gavan, and Anthony
Turner, were found guilty of High-Trea-
fon, and attainted •, and execution awarded
againfl them upon that attainder.

Oalcs. Now I Ihall prove, that at the
trial of Ireland, I gave fo fatisfaftory an
evidence againft Whitebread and Fenwick,
that my Lord Chief Juftice Scroggs faid,
" It might be fufficient to fatisfy a private
confcience, though it was not a legal proof,
there being but one witnefs.

To which Mr. Blaney was called.

He depofed, that he had looked upon
his notes, but could not find exadtly the
words that Mr. Oates repeated to him •,
but there was fomething to that purpofe.

Oales. Did not my Lord Chief Baron
fay to the gaoler, " You muft underftand
they are no way acquitted, the evidence is
fo full againft them by Mr. Oates's tefti-
mony, that there is no reafon to acquit
them : It is as flat as by one witnefs can
be?

N OF T R I A L S. 6^y

Blaney. There is fuch a paflage in niy
notes.

Oates. See what my Lord Chief Juftice
Scroggs faid in fumming up the evidence
againft Ireland, viz. " When the matter is
accompanied with fo many other circum-
ftances, which are material things, and
cannot be evaded or denied, it is impoffible
almoft, for any man, either to make fuch
a ftory, or not to believe it when it is-
told."

Blaney. I find fuch a pafiage in my
notes.

Oates. And in fumming up the evidence
againft Ireland, Pickering and Grove, had
he not this expreffion ; " You have done,,
gentlemen, live very good fubjeels, and
very good Chriftians, and like very good
Proceftants ; and now nuich good may
their thirty thoufand maffcs do them?"

Blaney. There is fuch an expreffion in
my notes.

Oates. Have you the notes of Whiter-
bread's trial ?

blaney. No, I have them not here.

Oates. Then I muft defire the printed.
trials may be read.

L. C. J. No, they are no evidence.

Oates. Then give me leave to mention
what your Lordfliip faid about your fatif-
taftion with the evidence: You were then
Recorder of London.

L. C. J. Ay, with all my heart : And
whatever I faid I will own.

Ontes. Will your Lordlhip be pleafed to
be fworn then ?

L. C. y. No, there will be no need for
that; I will own any thing I faid then.

Oates. When you Lordlhip gave judg-
ment of death upon the five jefuits and
Langhorn, fpeaking of the objeftions that
had been made againft the cvidfnce, you
laid, " Your feveral crimes have been
proved againft you ; you have been fully
heard, and ftand convinced of thofe crimes
you have been indifted tor.

L. C. J. L

A . C O L \ EC T.rl.-OtNj, OjF., TRIALS,

<^3^

.L:..C.J.\'\itn'iye. I mjght-|ijeftk.,to.^dae
iaine purp'ofe.

Qaus. And wlien the jury brought in
their verdict againft the five jefuits,' you faid,
" Gentkraen, thire. has /bc-tn along eyi-,
dcnce aga;n theprifoners; they were sIHii-;
'difted, -arniigned, and tried., for liigli-
trcalbn, depending upon fevera! circuiu-
(hmccs. They can none of them ray,;t^x
court refuled to hear any thing they could
fay for thcmfelves-, but upon a long tvT-
dencc, and a patient hearing of the defence
they mide, they^afe found' guilty ; and" for
any thing appears to us,, it is a juft verdiiSt
you have given."

L. C.J. I might fay foniething to that
purpofe at that time ; and no doubt, as
the cafe then Hood, the jury did find an
unexceptionable verdifc.

Oatcs. And, my Lord, when you were
counfel for the King in CoUedge's trial at
Oxford, addreffing yourfclf to the jury,
you had this expreffion : " We come not
here to trip up the heels of the Popilh plot,
by faying, that any of them who fuffered
for it, died contrary to law."

L.C.J. Deceive not yourfelf; all this
you have infilled on hitherto, has not been
to tlie purpofe, or is any fort of evidence
in this cafe. What my Lord Chief Juftice
Scroggs faid at any of thofe trials, or what
I faid, or any other perfon who was counlel
or Judge upon the Bench •, it was but our
opinion on the faft, as it occurred to our
prefent apprehenfions, and is no evidence
or binding to this jury. And there is no
doubt, but thofe juries did believe the evi-
dence you gave then, or they would not
have convi6led the prifoners. I do not dif-
commend you for infinuating thefe things,
as introdudlive and preparative to your
defence ; but it is no evidence one way or
other. We have many times, in Weft-
minfter-Hall, verdidl againft verdidt: And
in ihefe cafes, we give our opinions accord-

ing to. , the prefent teftimojiy that is before
us.".~

' Odtc's. Tf then I prove, my Lord, that
Ireland was engaged inadefign againft the
late .Kiog-'S life, and. was a prielt and a
jefiyt ; will not this be a collateral evidence
to rericTer my credit fufiicient, and fupport
my tc'ftimony ?

i'. C. J. It may give, fome credit to your
teftimpny ■,. but it is not, of itfelf, fuf':: ient
ppon tl'iis indiftment. Nay,. I will fuppofe
there wiis a confult of jefuits in the Strands,
the 24th of April, 78, where thefe, you
fay, were all prefent, and did come to the
refolution you mention ; and yet you will
not be innocent if you were not there too,
as you fwear. Therefore give us fomc
teltimony, to fatisfy us you were there, if
you would f:t all right again. Call two or
three witnefles, to prove you were in town
the 2 2d, 23d, or 24th of April, it would
be the beft defence you could make.

Oates. I will follow your duedions, my
Lord.

Oates. Then Cecilia Mayo was fworn.

Oates. Pray give the court an account,-
if you did not fee m.e in London the latter
end of April, or the beginning of May,
1678?

Mayo. My Lord, I faw him the latter
end of April, at my m.after. Sir Richard
Barker's, where I then lived ; and he came
thither again in a few days : I remember it
by this circumrtance ; Sir Richard was fick
all the month of April, and in the country,
and came to town but now and then ; and
Mr. Oaces came when he was abfent : And
a young man that lived in the houfe, came
and told me, there was Mr. Oates in a
ftrange difguife, and he believed he was
turned quaker. I had never feen Mr.
Oates before then.

L. C. J. How do you know that to be
Mr. Oates then .?

Mayo. The family knew him, and they
told me it was he. My Lord, he came

three

A COLLECTION of TRIALS.

three or four days afterwards to tiie houfe,
and then the young man came and told me,
Parfon Oates was turned jefuit : And
coming to Sir Richard's lady's fifter, fhe
iaid to him, I hear you are turned jefuit,
and we can have no fociety with you now ;
but he ftaid dinner with them, and moft
part of the day. Then he came the latter
end of May : Whitfuntide was in May that
yeftr, and I know he came the fecond time
before Whitfuntide ; for we ufed to wafh
and fcour before that time ; and I was
fending to a woman to help wafli and fcour,
when the young man told me he was |
there.

L. C. y. What was the name of that
young man you fpeak of?

Mayo. His name was Benjamin ; but he
is dead.

JL. C. J. Is Sir Richard Barker living ?

Mayo. He is, my Lord ; but he is not
well, or he would have been here.
i L- C, J. Who dined with him when he
dined there .?

-37

78, before the plot was difcovcred, th u he
came to his mailer's in a dil'guife, having a
white hat flapping over his eyes, his hair
cut dole to his cars, and a grey fliort coat
on ; and the next time he law him at his
matter's he had a cinnamon-coloured coat,
a long black peruke, a black hat with a
green ribbon, and green cuft'-ftrings at his
wrifts ; and that he dined at his matter's
about feven times.

The Chief Juftice then demanding of
Mrs. Mayo, butler's fellow fervant, how
often Oates dined at her matter's. Sir
Richard Barker's, affirmed, he dined there
but once, and that he had on a grey co.u.
a grey hat, and a fliort brown wig ; ar.d
that he afterwards can-ie in black cloaths
and a long brown peruke.

The Chief Juftice obferving there were
feveral contradiclions in their evidence.
Gates iaid, thefr things were very lean ftuff
to perjure a witnefs upon : That his Lord-
fbip was not fo ttrict with the St Omers
witneffes, and what did it fignify, v.'liether
Alayo. There was my Lady's fitter, the wig were long, or (horr, black or

Madam Thurrel, and her two k>ns ; She is
in Wale?, but her fons are dead. There
was one Dr. Cocket too, who is in Wales
at prefcnt. And there were two of my
Lady's daughter.'^, that are living in Lin-
colnlhire, 1 think.

L. C. J. It is a great misfortune to have
fo many dead, or fo far remote.

Oates. My Lord, fix years makes a great
alteration in a family.

Att. Gen. Mr. Oates has had time
enough to fend for his witnefTts, for he
has had notice of his trial this half year.
Pray, Mrs. Mayo, what coloured cloaths
had Mr. Oates when you law him firft ?

Ma)o. He had a whicifii hat, and co-
loured! cloaths. . , :: ,,

John 'Buikr, coachm.xn to Sir Richard
Barker, dcpofed, that, as he remembered,
the firft time lie faw Mr. Oates was in May,

Vot. I. No. 27.

brown ?

The Chief Juftice replied, there was no
other way to detect perjury, but by fuch
circumttances : In Sufanna's cafe the per-
jury was difcovered by circumttances.

Philip Page depofcd, that he was lerv.mt
to Sir Richard Barker, and Oates came
thither difguifed in a light coloured coat,
a broad-brimmed hat, and his hair cut
Ihort to his ears, and afked him for Dr.
Tongue and Sir Richard ; and he thought
this was in May, 78 -, but could not be
pofitive what month or year it was.

Mr. Walker depofed, he met Oates be-
tween St.Miirtin's-lane and Leicefter-ficMs,
in a difguife, between Lady-day and the
latt-er end of April, 7H.

The Chief Juftice demanded, where he

lodged or dieted all that while he pretended

to be in town ? Oates anfwered, chat v/as

1 . .:„... V, ,. ...- not

1; ,7,z.

A COLLECTION 07 T P. I A L S.

63^>

not now the ovscflion. If lie provci.i he
was not at Sr. Omers in the months ol
April an i Mw, but here in London, he
proved the St. Omer's evidence to be falfc-,
and it was not to be expefted, as he was
engaged among papifts, and afterwards an
evidence to dilirover their treafons, they
would con:e to teftify any thing in his bc-
■balfnow.

Then he cabled the Earl of Huntington
35 a witneis for him, and deiire^i his Lord-
liiip would give an account, what credit he
had in the houfe of Lords upon his dif-
co\e-y.

The Eail anfwered, he believed Mr.
Oatts found a good reception in the houfe
0/ Lords, which was founded upon an
opin'on, that he was an honelt man ; but
fince that time it appearing there were fo
many and great contradi(^tions, falfities,
and perjuries in his evidence, upon which
fo much innocent blood had been fhed, he
believed a great many that were concerned
in the trials of thofe unfortunate perfons
were heartily afflificd and forry for their
{hare in ic : And he believed, moft of the
Houfe of Peers had altered their opinion of
this man's credit, and looked upon his evi-
dence to be very falfe.

Mr. O.ues called a great mnny other per-
fons of quality. Peers, Judg-s, and Com-
moners-, loir.e of whoni did not appear,
.and tie refl: teilified nothing to his advan-
tage, but rather the contrary-, particularly,
the Lord Chief Baron, of v\ hom Gates de-
fired, that his Lordfhip would declare the
fatisf. dlion he received concerning the fair-
nefs and luUnefs of the evidence given at
the trials ot Whitcoread and Langhorne.
'i o which the Chief Baron anfwered, there
were a great many perfons, and gentlemen
of good families, who came fioni St.
Omcrs, and gave evidence of Mr. Oates's
being t:iere wh n he faid he was in London.
Oates demanding further, if the jury be-
Jicvcd them at that time? the Chief Baroo

anfwered, he could not tell what the jury
did, but he never had any great faith ia
Mr. Oates himfelf : Whereupon Oates re-
plied, he was rot af all concerned at thi? :
He valued himfelf more upon his in-
nocency and integrity than any man's good
opinion whatever : He would ftan J to what
he had fworn with his laft breath, and feal
it, if occafion was, with his blood. The
Chief Juitice anfwering, it were pity but
that it were to be done by his blood, Oates
replied. Ah, my Lord, I know vvhy all
this is, and fo may the world very eafily
too ; but this will not do to make the plot
difbelieved.

The King's counfel then called M^.
Smith to depofe, that Oates fuborned him
to perjure himlelf: But the Chief Juftice
refufed to hear the teflimony of a man who
came to fwear he had perjured himfelf at a
former trial.

Then they produced witneffc^, who
proved that Oates would have fuborned
Clay at the trial of the fivejefuits.

Mr. Howard depofed, that Clay v/as not
at dmner at his houfe in May 78, as Clay
had depofed.

And a paragraph of Oates's narrative was
read, wherein he had fworn, " That he re-
turned to St. Omers, three or four days
after the conlulc at the White-horfe.

Whereupon Mr. Attorney obferved, that
Oates's witnefTes fwore he was in London
the latter end of May-, which could not be
true, if Oates himfelf fwore true in his
narrative.

Then a refolution of the Houf:r of Lords
was read, at Oates's defire, importing, that
they believed the Popifli plot.

And another refolution, for taking up
Capt. Berkley, for villifying Oates's evi-
dence.

Being dirc'-ted to go on with his defence,
he ohjefted, that the Papifts were not legal
witnelles, becaufe they were parties in the '
caufe -, and defired counfel to argue that

point

A COLLECTIO

point of law. To which the Chief Jufl ice
anfwered, that was no point of law, " Oates
appealed to all his hearers, if he had jurtice
done him." The Lord Chief Jiiftice then
rephed, he was an impudent fellow ; he
muft appeal to none but the court and the
jury : They fliould ftop his mouth if he did
.not behave himfelf as he ought: He would
fuffer none of his commonwealth appeals to
the mob.

Oates then objefted, that the witnefles
were bred up in feminaries, againll law :
The Chief Juftice replied, every man that
was bred a diflenter was bred up againft
law.

He infifVed, that a witnefs for the King
could not be indidled of perjury, or the
plot called in queftion now.

The Chief Juftice anfwered, this was no-
thing to the purpofe. After which, Mr.
Oates proceeded to fum up the evidence
for himfelf, and obferved, that Mrs. Mayo
came and gave her evidence voluntarily,
without any hopes of a reward, but out of
a love to juftice-, and therefore infinuated,
that her teftimony was not to be fufpefted ;
for people feldom perjured themfelves, but
where there was malice or intereft in the
cafe. Then he repeated the evidence of
Butler and Page, and faid, he had fub-
poeiia'd Sir Richard Barker, to confirm the
evidence of thefe people : And he did
expedl that Mr. Smith would have been
examined : But he perceived the court
were tender of that point, as knowing it
would then eafily have been fecn, upon
which fide he was fuborned.

Court. It was to do you right, we re-
fufed to have him fvvorn ; but if you con-
lent to it, he fnall be examined ftill.

Oates. My Lord, the evidence on which
I am indicted for perjury, is the fame that
was given fix years go. There was there
fixteen witnefles produced againft me ; but
what credit did they receive ? Now, if the i
evidence I gave then was to be believed,

639

N OF TRIALS. ^y.,

I tliough oppofed by io many \^itneflcs, what

; new objeiiiion does arife, which was not

then urged, and received an anfvver? And

I hope thole pafiagcs of heat, that have

I fallen from me, fliaii not make me fare the

I worfe in your judgment. I called fome

noble Lords to teftiiy for me ; but cither

tlie diltance of tim.e has wrought upon their

memories, or the difference of the \ci\on

has changed their opinion : So that they

now dift)elieve what they believed before,

and perhaps for as little reafon as

L. C. J. As tiiey believed you at firft'.

Oates. Y'es, truly, my Lord ; for I can-
not expeft, that a man who believes with-
out a principle, ftiould not recant that
belief without a reafon 1 name no-
body.

L. C. J. But the nobility, 'that are pre-
fent, and have been witnefles in this cauJe,
are all perfons of that honour, that the
court is bound to vindicate them from thefe
fcandalous refleftions ; but only I think, a
flander from your mouth is very little fcan-
dal.

Oates. Nor from fomebody's elfe neither:
I find, my Lord, I am not to be heard with
patience.

I L. C. J. You do not deferve to be heard
j at all : Can't you fpeak v^'ithout reflec-
tions ?

Oates. Was ever man dealt with ns 1
am ? Or had fuch evidence offered againft
him ? Here are the youths of St. Omers
feminary. Sir Geo.rge VVakeman, and my
Lord Caftlemain, known Papifts ; and
perhaps Popifh recufants convidt too. And
the record of my Lord's acqui tal is
brought as an evidence, of my being per-
jured •, when all the world know>s-, he came
oft", becaufe tliere was but one v\itneis
againft him. And Wakeman's acquittal
too is brouglit, and he fwears, that what I
depoled againft him was falfe ; but had ic
not been for two dillioneft perfons, (one of
them is now in mv ficht) we could at that

time

640 ACOLLECTI

time have proved five thoufand pounds
paid him, and that he gave a receipt for it.
This, I am fure, had I been a wltnefs for
the fanatic plot •, I had never been quef-
tioned, though my evidence had bten falfe:
But the Papifts have now a turn to ferve,
and come to bear this teftimony on pnrpofe
to fahlfy my evidence, and bring oft the
Popifh Lords, v/ho now ftand impeached
of high-treafon. But, I hope, as the court
would never admit indictments of perjury
againft the witnefTes in my Lord Shaftf-
bury's cafe, fo you will not admit it here.
My I-ord, it is not me they profecute, but
the whole Protcftant intereft. Do they not,
liereby, arraign the proceedings of fcveral
Parliaments ? of all the courts of jufticc,
nnd the verdidts of thofe juries that con-
vi6>.ed the traitors ? For my pau, I care
not what becomes of me •, but the truth
will one time or other appear : And fince I
have not the liberty to argue what is moft
material for my defence, I appeal to the
great God ot heaven and earth, and once
more in his prefence, and before this au-
ditory do avow, that my evidence of the
PopiPn plot is true in every part of it, and
will expedl from Almighty God the vin-
dication of my integrity and innocence.
Having concluded his defence, he faid he
was troubled with the gout and ftone, and
defired that he might not be put in irons
a^ain, he being only a debtor to the King
upon a civil account -, and if he were con-
victed on ihele indiftments, he could be
but in execution for a trefpafs •, and there-
fore thought Ik- ought not to be fo handled.
The iVIarfhal informed the court, that it
was but the laft night, ropes were brought
into his chamber to favour his efcape.
Then the court direfted he (liould be kept
if, (alva is! ar5fa cujiodia.

Then Mr. Sollicitorfummed up the evi-
dence for the King i but, before he had
n'.ad-' any great progrcfs, Mr. Gates faid,

ON OF TRIALS.

he was ill, and defired leave of the court to
withdraw.

Then Mr. Sollicitor proceeded ; and
having fummed up the evidence that had
been given for the King, he obftrved, that
of the twenty witnefTes produced, not above
two or three of them were at the former
trials ; though, indeed, thty teftify the
fame things that were attefled then ; but
with many other circumflances and parti-
culars. That to this, indeed, Gates had ob-
jefted, that feveral witnefTes came from Sr.
Gmers before, but were not believed ; but
that the men were convid:ed, condemned
and executed upon his teltimony. That he
had alfo brought a counter-prcof, and en-
deavoured ro fhew, he was actually in Eng-
land, when the St. Omers witncfles had
fworn him to be in the College.

As to the evidence of Page, Mr. Sol-
licitor obferved, that he was not pofuive
either to the month or year he faw Mr.
Gates ; and as for Walker, the parlon, he
being afked, what circumflances Ire knew
the time by, faid, it was a year and a quar-
ter before the plot was difcovered-, which
was a year before Gates pretended to be at
theco.ifult; and therefore could do him
no fcrvice.

As to the evidence of Mrs. Mayo and
Butler, he obferved, they contradicted one
another : For f5ie depofed, that ttte firlt
time Oats came, (he did not fee him ; and
Butler fwears, fhe looked out of the win-
dow, and did fee him as well as he : And,
fhe faid, he was in grey cloaths, a white;
hat, and a fhort peruke ; and Rutler faid,
he had no peruke, but his hair cut fhort to
his ears. Then the fecond time, (lie fwcars,
he was in black cloaths, and an incIifTcrent
long peruke, and that the peruke was
brown. And Butler fwears, he was in Cin-
namon-coloured cloaths, and a lon^ hiack
perul;e ; fo that the "itncfTes could .rjot be
reconciled to one another. Pie obferved
too, that fhe had fworn, Gates was at Ikt

mailer's

A COLLECTION

mailer's a week before Whitfuntide, which
was the 19th of May ; and this contra-
dicted Mr.Gerrard's teitimony, whoi'wears,
they were both confirmt'd the i6rh, at St.
Oincis ; wliich was fo remarkable a cir-
cumftance, that there was no room to think
Mr. Gerrard miftaken..

And farther, that Mr. Oates himfelf had
CtVnrradifted his own witnefies ; for he had
fworn he went over with tiie fathers three
or four days after the confulr, which was
tfhe 24th of l\pn\ ; and tliey atteft th.it he
was herein the middle of May : And if it
fhould be admitted the conkilt continued,
five or fix days, as he had luggeftcd, yet
that would not bring it to the time they had
fworn to.

That fa'ie witnefTes were often dctedled
by fmall circumrtances, but that thele were
very remarkable ; and it was impofiible
they could both fwear true.

That the evidence o: Clay the priefV, on
which fuch Itrcfs was laid at a former trial,
was not only taken away- by Mr. Howard's
teflimony, but the additional crime of fub-
crnation was now fixed upon Oates, who
it appeared, had threatened Clay he would
li,ang him, if he did not fwear what he fug- 1
gelled to him ; and it was well known
whao' fears fuch people lay under, at that
t-nw.: • - \ !ir' .n ;mi). ■ .[ii

That it was impofnble Mr. Oates could
be fo long in town as he pretended, and be.
feen by no body but thofe few perfons he
mentioned, confidering his large acquaint-
ance ; and that he appeared lo puolicly,
as his wirnefles depoRd. ;

That though he had lodged at the houfcs
of perfons that did not care to give their
tvidence in this matter, yet it was ilrange

OF TRIALS.

&4i

he- could not produce one circumftance to" I falfd

fiive an account of him, wa.s one of the
llrangelt things in the v.orld.

That indeed he infilled upon it, that the
calling his credit in quefiion, was to arraign
the jultice of the nation, the wifdom of the
Parliament, and the honelly of the juries,
who convicted thofe he had accufed. But
the Sollicitor urged, that if the thing was
duly confidered, the not puniniing this hei-
nous offence with the utmoft feverity the
law would allow, now thefe circumftances
had appeared to make it evident, would be
a much more greater reproach to tl-e na-
tion.

That it was firange, indeed, that the de-
fendant ihould ever obtain that credit he
once had : But it was not then imagined, .
that any man on earth could become fa
impudent as to expofe himklf before the
High Court of Parliament, i^nd the great
courts of junice, and there tell a moll in-
famous lie, to deprive men of their lives.
The hardinefs of the attempt, was one
great inducement to the belief of it ; be-
caufe no man could be piefumed to dare
the doing of fitch a thing, if he had not had
fome foundation of truth to build upon.
And when he had made tliis difcovery of a
li'.oft horrid and bloody confpiracy, to mur-
der the King, overturn the government, .
and nwHacPe all the Prorellants in the
kingdom ; it was natural enough for the
Parliament to be alarmed, and take all ima-
ginable care to prevent the accompliihmei.t
of fo much mifc hief. If we confider too,
how much ealier ift was for him to relate his
evidence in a-cGfttifiOed ftory, than after-
wards it was to maintain ir, when he was
oppoi'ed by them that were accufed, who_
b<ii\- Uftew by v/hat means to^:pTOve him

prove his lodgings at any plai-e, during that That the care the Parliament took, to
timtJ^'if b^, coirki nor liave the teflrimony tjf ' difappoin't any defigns of this nature,- and
the landlord of "he hoaife •, and that hone ■ the means they ufed for the fccurity of the
of thofe he had c()nverred with, or was'inti- King and kingdom, and the prefervation of
mite withal, (houid fee hifn;,- cir'^bc able to our- reH'gion and lives (which was previous.

YOV. I. No. 2 7.

8 A

642 A C O L L E C T I O

to the trials) natiiraily put the. whole nation ]
under gie.it apprehen lions of dangei", and |
ir.ade the way much ealier for him to be
belived. Under theie ciicumilances (and
tht-iein^iproved bydeiigningmeh) catne thofe
unhappy perfons to be tried ; *\vhiich lefTens
aur wonder, if under thefe diiadvantages,
while the n.cn who tried them were under
tlieie iears and apprehenfions, they had the
irl fortune to be convided. But when men
Iwd a little overeome their fears, and began
to confuier jiis evidence more calmly, Gates
loon loft his credit, and the men he after-
wards accufed, wrre all acquitted.

Nor was this profccution any reflection
on the Proteftant religion, whole caufe he
:fainy ^^ffumed. The i-'rotefl"ant religion had
no Ihare in the invention, aiul needed not
the fupport of a lie. It was rather a vin-
dication of oirr religion, to punifli fuch of-
fenders ; nr.d the p.-oper way to maintain
the juftice of the nation, and wipe off that
repioach that this man's perjury has brought
upon it.

Then my Lord Chief Juftice fumroed up
the evidence, and gave his directions to the
iury : And to the obiervarions Mr. Solrcitor
had already made, he added, that the dread-
ful apprehenfions people were under of their
religion, the fubverfion of the government,
of the King's being muriered, and of their
throats being to be cut by the Papifts, at
the time of Ireland's trial, was arrived to
that height, and Oates's difcovery of thofe
impending dangers fo much creclited, that
all other people appeared below him j and
greater rcfpeci was fhewn him, than to the
branches of the Royal Family. And in
public focieties, fomctimcs, this profiigate
viUian was carefied and drank to, and laluted
by the name of " The Saviour of tl.e Na-
tioir". And that it was no wonder, iF under
fuch a confternation, or rather infatuation,
of all forts of pcOj)le, all of the RoaiiOj per-
juafion Were looked on with an evil eye •,
iiud the conviclion of thofc \vLo were ac-

N OF TRIAL S.

cufed, rendered too eafy. He obferved,
that the principal part of Oates's defence
confifted in this, that becaufe he was be-
lieved formerly, before his villany was de-
ted,cd, they therefore (liould believe him
now, notwithftanding his perjury had been"
difcovered ; and that, to the pofitive teifi-
mony of twenty-two witnefTes, who had
iworn he was at St. Omers, he had not made
the leaft ihadow of an objedion, but only
that they were PapiOs, and he was a Pro-
teftant. But his Lordfliip obferved, there
wererafcals of all perluafions; and he thought
it not much for the honour of the church,
that Gates called himfelf a Proteftant : That
they knew Dr. Gates had been very liberal
to himfelf; he had given himfelf baptifm,
and given himfelf the Dodor's degree, and
now he gave himfelf the title of the re-
forrrjing Proteftant, Mr. Gates. I'hat we
had Proteftrant ftioemakers, and Proteftant
joiners, and all forts of true Proteftant raf-
cals ; but it would become the jury to afleit
the honour of their religion, by difowning
any fellowfliip with luch villains, or their
adions.

'I'hat befidcs the evidence againft him,
they fhould coniider the improbability of
his teftimony : That fifty perfons fliould
meet together at a Tavern, and come to a
rcfolution to kill the King, and fubvert the
government, and alter the reHgion : And
that this relblution being drawn up at the
tavern, they fhould feparace themfelves into
lefTer clubs and companies, and none of them
fign it when they were all together, and
among thetufelves ; but ftrould afterv.'ards
have it carried up and down from one houfe
to another, and find nobody to truit with it
but Mr. Gates, who was not one of their
order, and did not appear to have any cre-
dit amongft them ; when the affair was of
that importance, that, if difcovered, it muft
fubjed them to prefent deftrudion, and ruin
their whole party. Could it be believed,
that any man ftiouid be fo void of fenle ami

rcaioii

A COLLECTIO

rfeafon, and that of fifty together, and thofe
reputed the fubtileft of mankind, there
fliould not be one man that fhould take care
of a more rational management of fo great
and hazardous an undertaking ? When they
were met together, and might have dif-
patched the bufinefs in a quarter of an hour,
that they (hould fcparate themfelves into fe-
veral parts of the town, and truft a refolu-
tion of that nature in Mr. Oates's pocket ;
in whom, if they had more confidence than
they Teemed to have, yet it was folly and
madnefs to give him that opportunity ot de-
ftroying them all, and making his own for-
tune : And that, if there were no otiier evi-
dence than the teftimony of the thing, his
Lordfhip fiid, it would have gone a great
way with him ; but that there being the
fuper-added teftimony of twenty-two witnef-
fes, there was no room left to doubt ot the
falfity of his evidence.

That as to the bufmefs of Smith, though
the court, in their private judgments, did
believe the thing, yet they thought it not
fit to permit, that perfons fhould, upon their
oaths, confefs themfelves guilty of perjury,
and afterwards give evidence againft others ;
yet by the records of Parliament, and other
evidence, there was enough to make that
matter clear. For by Oates's narrative, it
appears, that his firft evidence tended to
bring Smith into the difpleafure of the poe-
ple ; for his way was to frighten thofe he
defignedto deal with, and thereby force them
to comply with his defigns. And there could
not be a more plaufible acculiuion at that
time, than to charge a man with faying
fomething againft the Parliament, or with
being in a combination to lubvert the Pro-
teftant religion : But v;hen he has a turn to
ferve by him, then this man, on whom he
had fixed fuch an odious character, he tells
us is really no Papift, but is engaged in fer-
#icc for his King and Country ; and has JVIr.
Oates's palTport, which was a thing of no
imall advantage to him at that feafon. This

N or T R I A L S. 64,

svas, with great reafon, made ufe of by tise
King's counfel, as an evidence of his tam-
pering : For the man fuddenly alters his
opinion of one he had before accuftid, and
produces him as an honcft man to give evi-
dence for him. And tliis, they urge, muU
be intended to be done by pradtice and
threatnings : And the rather, for that it had
been proved, that he did adually pradifjs
upon Clay in like manner. And my Lord
Chief Juflice concluded, that if the witnef-
fes for the King fwore true, as he faw no
colour of an objcdlion againft tlieir tefti-
mony, then Oates v/as the moft perjured
villain upon the face of the earth.

Then the court told the jury, they migl-.c
drinkbefore they wentfrom the bar, but they
did not deflre it ; and having withdrawn a
quarter of an hour, they returned with thi^
verdiiil.

That the defendant was guilty of the per-
jury whereof he was indided.

The Chief Juftice told them, he was fa-
tisfied in his confcience, they had given ;i
juft verdift, to which the reft of the judge.i
aflented ; and then the court arofe.

The Trial of T I T U S O A T E S for
PERJURY, in the Court of King's-
Bench, on the 9th of May, 1685,

THE indiiftment fet forth, that the de-
fendant Titus Oates, at the trials of
Ireland, Pickering, and Grove, on the 17th
day of December, in the 30th Year of the
late King Charles II. did falfly fwear, and
give evidence to the jury who tried that
caufe, that the faid William Ireland, v/as in
town upon the ir ft or fecond day of Sep'
tember 167^. Wl'.ereas in truth, the faid
Wiliiaui Ireland was not in town on the firft

644 A C O L L E C T I O

or icconH dzy of Sej)Ut>iber 1678; and fo the
faid Tirus Oates, did commie wilful and
corrupt f(,-rju:y.

The indidtment further, fets forth, that
the faid Titus Oates, at the trials of White-
bread, Fenwick, and other jelu:[s, on the
13th oi Jiine^ in the 31ft year of the late
King, did falfly fwear, and give evidence
tothejury who tried that caufe, that William
irelaod took his leave of him, the faid Titus
Oates, and others, at the chamber of the faid
Ireland, then being in Ruff^l-flrtet, Weft-
minfler, between the 8th and I2ih days of
Auiiifi^ i6'y8. Whereas in truth, the faid
William Ireland, did not take his leave of
the fjid Titus Oates, or any other perlbn at
hh chambe-r in Ruilel-ftreet, between the
faid 8th and i 2th days of Augujl, and fo the
fiid Titus Oates did again commit wilful
■and corrupt perjury.

The King's counfel,. having opened tlie
iridiftment and the evidence, produced the
records of the faid two trials mentioned in
th.e indidlmcnr, and then called the witnef-
fe<; : Wheieupon Mr. Harriot and Mr.
Waterhoufe were fworn, and Mr. Harriot
depofed, that at the trial of the five jefuits,
Oates did pofitively fwear, that Mr. Ireland
the jefuit did take leave of him and others
at the fame Ireland's chamber in Kufiel-
itreet, betwixt the 8th and 12th of Auguji
1678. " He was foreman of that jury."

Sol. Gen. Wh.at fay you, Mr. Water-
houfe .?

Waterhoufe.^ I was of that jury too. —
Oates depofed, that Mr. Ireland took his
leave of him the 12th of Augufl. My Lord
Chief Juftice Scroggs then afl<ed him, are
you fure it was the 12 th ? And then he faid,
he v.'ould not be pofitive it was the 12th;
but between the 8th and 12th it v/as^ lam
pofitive upon my oath,

Oates. Mr. Harriot, did I fwear that he
took his leave of me, or I took my leave of
Kim \

N OF T R I A L S.

Mr. Harriot, You fworc that Ireland
took his leave of you and others.

Ontes. Did Mr. Harriot take notes at
the trial ?

Mr. Harriot. Yes, I did ; and it was my
manner, in all trials I was concerned as a
juryman, to read the trials flridly over when
they were printed, and compare them with
my notes : And this I found to be in the
printed trial, according to my notes.

Oates, Mr. Waterhoufe, you did not
take notes : Pray, how come you to' remem-
ber that I was fo pofitive, as to the time be-
twixt the 8th and i 2th of Aiigujl ?

Mr. PFaterboufe. Becaufe my Lord Chief
Juflice made a flop, when you faid it was
the 1 2th of Augujl, and bid you ronfider ;
and you confidered it, and did affirm pofi-
tively, that it was between the 8th and 12th .

of Auguf,

Mr. Fofter was fworn.

Sol. G^??. .Pray, tell what you remember
Mr. Oates fwore atMr. Ii-eland*s trial, about
Mr. Ireland's being in town.

Mr. Fojler. I was one of the jury at the
trial of Mr. Ireland, Pickering, aud Grove; ,
and Mr. Oa*^es and Mr. Bedice were fworn
as witneffes for the King : And Mr. Bed'.oe
depofed, that there was a meeting at Har-
court's chamber, and Ireland, Pickering,,
and Grove were there ; and that this was the
latter end of Av.guft. Mr. Ireland made his
defence, and endeavoured' to prove, that he
was nouin tovvn from the beginning of ^z/-
giifi to the middle of September, and brought
feveral witnefTes. But upon his' denying to
be here the latter end of Auguji, Mr. Oates
did come and fwear ; I am certain (fays he)
that the ift or 2d of Se.pternler ^z 'nz.^xw ,
town ; for then I had of him twenty Ihill-
ings. I:

Gates. Was I pofitive that he^was. here
in town the firft or fccond of S'epkmter?

■ Mr. ■

A COL LECTIO

Mr. Fcfler. You were pofuive to the firft
or i'econd ; I have it in my notes.

Mr. Byjield, another of Ireland's jury
was fworn.

L. C. J. What did Gates fwear ?

Mr. Byfield. Mr. Gates did pofitively
afil'rt, that Ireland was here in town the firfi:
or iccond of September ; and to confirm it,
he faid he received of him twenty fhillings.

Then Mrs. Ireiand, the mother of him
that was executed, his fifler Anne Ireland,
and two more women, depofed; that the laid
Mr. Ireland went out of town on Saturday
the 3d oi Aiigufi 16/B, and that he return-
ed to his lodgings in town again, being in
the fame houle where his faid mother and
fifter lodged, on the 14th of December fol-
lowing. The Lord Afton depofed, that
Mr. Ireland came to his houfe, at Stnaden
in Hertfordfhire, on the 3d of Juguft :
That on Monday the 5th of Jugujl, Mr.
Ireland, accompanied him to St. Albans,
where he met his brother and filler South-
coat, and that they all travelled together to
Tixhall, his Lordihip's houfe in Staiford-
fhire, where they arrived the Sth oi Auguji.

Sir Edward Southcoat depofed, that on
Monday the 5th of AuguJl, he lay wiih the
Lord Afton and Mr. Ireland, at the Btrit at
St. Albans-, and that they fet out together
tlie next day, and travelled to Tixhall, the
Lord Afton's feat, in Staffordfhire, where
they arrived on Thurfday following : That
•they remained there till Tuefday after, and
then went to St. Winifred's Weil in Wales,
returning to Tixhall again the i6th ot Au-
guji ; and Sir Edward named every houfe
they lay at on the road in this journey. He
alfo depofed, that he fet out with Mr. Ire-
land, from Tixhallj on Monday the 9th
or loth of Septeml/ir ; and the fourth day
tiiey reached bis father's houfe, at Kingfton
in Surry -, and, on Saturday following, Mr.
Ireland went from his father's houfe to
London.

Vot. I. No. aS.

N OF T R I A L S. 645

Mr. Johfj Southcoat gave the fame ac-
count of the journey with the Lord Afton
and Mr. Ireland, from St. Alban's to 'lix-
hall, and St. Winifred's Weil ; and of Mr.
Ireland's returning to London in the middle
of Septtmher ; which he remembered the
better, having bought Mr. Ireland's horfe
at the time he returned to town : And this
circumfl:ance Sir Edward alfo remembered,

Oates demanding if Mr. Soutlicoat was
lure that Ireland was in his company from
the 5th oi Auguji to the 1 6th .? Mr. South-
coat anfwered, yes, every day -, he remem-
bered it very well -, but where Mr. Ireland
was from the i6th oi Auguft to the time lie
returned to London, thefe wirnnTcs could
not fiy ; only that they favv him feveral
times in Staffordfliire during that interval.

Harrifcn, Sir John Sou throat's coach-
man depofed, that he drove his mafter from
St. Alban's to Tixhall, and from thence to
Holywell in Wales, in AuguJI 78 ; and that
Mr. Ireland was in their company all the
time.

The former witnefs depofed, that in Sep-
tember he returned, with Mr. Ireland, to his
mafter's houfe, near Kingfton in Surry ; and
that Mr. Ireland having fold his horfe to
Mr. John Southcoat, his mafter's ion, he
went with Mr. Ireland to his lodgings in
Ruffel-ftreet, in tov;n, on Saturday the 14th
of September^ and brought the iiorfe back to
his mafter's.

This account, the Chief Juftice obferved,
agreed with what the woman deoofed, that
Ireland returned to his lodgings, in tov.n, a
fortnight before Michaelmas; and, diredt-
ing his fpeech to the defendant Oates, faid:
Thus far it is as clear as the fun at noon-day.
I muft tell you, prima facie^ it is fo
Rrong an evidence, that, if ycu have any
fenfe, you mull be concerned at it. — Upon
my faith, I have fo much charity for you,
as my fellow creature, as to be concer.ncd
for you.

8 R Qaies

6.v5 A COLLECT!

Gales Rnfwered, '' Ic is not two ftraws
'iriatter whetlier you are or no ; I know my
.own innocence."

The Chief Juflice replied, thou art the
mod impudently hardened wretch that ever
i law.

Oi'.tes replied, you may think what you
will, my Lord •, i^ut thefe Popifh traitors
wiil i'wear any thing, and fuborn witnefles
upon v/itnelies againft me, to difcrcdit the
I'oplifli plot.

George Uobfon depofed, that he lived at
4he Lord ARon's, and that Mr. Ireland came
to his Lordfhip's hotfe, at Standen in Hert-
turdli.ire, on Saturday the 3d oi Juguft 78 ;
and !.e travelled with the Lord AUon, and
Mr. Ire'and, to Tixhall, and law Ireland
every day, from the 3d of Auguft to the
i6th.

Several other wltnefies depofed, that Mr.
Ireland came to Tixhall the 8th of Auguft^
78, where he flaid till the 13th, then went
to Holvwell in Wales, and returned to
Tixhall the i6th.

Mrs. Hnr-ivell depofed, that Mr. Ireland
came to her houfe, at Wolverhampton in
Siaffordlhire, on the 17th of Augufi^ 78,
and iiaid theie till Monday the 26th, and
then returned to Tixhall, as he faid : That
he came to her houfe again on the 4th of
Htpianhcr, and on the 7th oi September wtxit
away from her houfe for good and all.

Gates demanding if this witnefs was at
Ireland's trial, ihe anfwered, no ; but faid
file heard, on the 19th of December, 78,
that Mr. Ireland was tried the 17th, two
days before -, and Mr. Gates had fworn he
was in town, when they could prove he was
in Staflbrdfhire : And flie fent away a mef-
fent^er immediately to a friend in London,
to acquaint him, that Mr. Ireland was faldy
acculed, and to petition his Majefty, that
they might bring up witnefles to prove Mr.
Ireland v/as in StaiTordfliire when Gates
fwore he was in town : And tlie King llaid

O N

O F

TRIAL

the execution five weeks ; but at length he
v/as executed. ^

A great many more witnefTes depofed,
they faw Mr. Ireland at Wolverhampton ac
the times the laft witnefs mentioned.

Sir Thomas V/hitegrave, a juftice of peace,
depofed, he faw Mr. Ireland on Tixhall
bowling-green, on Thuifday the 2Gth of
Auguft. ..'■

Mr. Folder depofed, he faw him at
Etching-hill in Staffoidfhire, the 27th of
Auguft, 78, and at Tixhall bowling-green
the 29th.

Several other v/itnefTes confirmed the te-
ftimony of the two laii.

Mr. Fallas depofed, that on Saturday,
the firft oi' Auguft, 78, he was hunting wicii
Mr. Ireland in Mr. Gerrard's park, and they
killed a buck.

Other witnefles depofed, they faw Mr.
Ireland at dinner at Mr. Gerrard's, on the
firfl: of September 7 8 .

Gtiier witnefl"es depofed, they faw Ire-
land at dinner, at Mrs. Crompton's houfe,
at Millage in Staff^brdfliire, on Monday the
kcond ot' Septembc}; 78.

Mr. Pendre!, and Mrs. Pendrel depofed,
that Mr. Ireland came to their houfe, at
Bofcobel, in StafFordfhire, the fecond of
September, 78, and went from thence the
fourth of September.

The King's evidence being finiflied, Mr.
Gates proceeded in his dclence, and faid,

I am not the only evidence of Mr. Ire-
land's being in town in the month oi Auguft;
nor the only witnefs that he was in town
about the tim.e I mentioned in September,

My Lord, the firft thing I Ihall offer to
your confiderationis, thehardfhip Hie under,
of being put to difprove what the King's
counicl now charge me with, after fix years
time. Now, why has the profecution of
this pretended perjury been delayed fo long?
When it appears, the witnefles to prove it
were known fix years fince ; and there has

been

A COLLECTIO

been no new faft difcovered that was not
then known : There is no reafon can be af-
Jigned for this delay, but to render it the
more difficult for me to maintain the evi-
dence I then gave, fo many perlbns being
fince dead, or gone beyond the Teas ; and
many things that were thenfrefli, now grown
out of memory : And if fuch pradice is to
be admitted, no witnefs is fafe in giving his
teftimony againll a confpirator.

And here, my Lord, is only a bare point
of time upon which this perjury is alTigned ;
the fubftance of the evidence, I gave at the
trial of Mr. Ireland, and the reft, about the
Fopifh plot, is not pretended to be dif-
proved : Let it be remembered, that Ireland
was convided of a treafonable relblution to
murder the late King, and not for being in
town in Juguft or September, 78 ; v/hich is
the perjury now affigned. And, my Lord,
it is unreafonable to tie up w^itne.Tes, who
come to difcovcr confpiracics, to fpeak po-
fuively to every little circumftance of time
and place, and fuch niceties -, it is ufual to
fpeak with latitude in thofe cafes ; and, I
believe, I did not confine myfelf either to
the ift, or 2d, 5th, 6th, 7th or 8th ; but,
my Lord, that he was in September there, I
am pofitive •, therefore I muft beg the opi-
nion of the court, whether Mr. Fofier did
prove I was pofitive to the ift and •id days
of September, 7S.

L. C. J. The evidence is plain, that you
did fwear pofitiveiy to thofe two days, and
mentioned this material circumftance to
confirm it, that either the 1 ft or 2d of Sep-
tember you received twenty ftiillings of him
in town. Now, that circumftance of his
kindnefs, was not a circumftance either of
time or place.

Gales. Then, my Lord, the firft thing I
fhall offer, is the record of Mr. Ireland's
conviclion of high-treafon.

L. C. y. It is admitted, of all fides, that
Ireland was convicted and attainted of crea
fon.

N o K T R I A L S, 647

Oa(es. Then, my Lord, let it be ob-
ferved, that the principal part of Mr. Ire-
land's defence, was an endeavour to prove,
he was not in town between the 8th and
1 2th of Jug tiji, nor the ift or 2d days of
September, which are the times now in ifRie;
and to prove this, Mr. Giftbrd and his fitter
and mother were produced at Mr. Ireland's
trial ; and Mr. Whitebread's trial being fix
months after, he endeavoured alio to prove,
that Mr. Ireland was out of town at thofe
times, and produced Mr. Gilford, and fe-
veral other witncfles, to prove it, to the
number of fixteen ; And, notwithftanding
all thole witnefies, the jurors who tried Mr.
Ireland, and thejurors who tried Mr.V/hice-
bread and the other four jefuits, found thini
all guilty. And my Lord Chief Juftice
Scroggs obferved, that the prifoner's defence
confifted only in catching at a point of time;
and that it was moft plain, a villanous plot
was difcovered . All which fliews tl.e ful-
nefs and fatisfaftorinefs of the proof given
by me and Bedloe. And, I mult further
obferve, that though Mr. Ireland, ' by his
falfe witnelTes, prclTed this matter as far as
he could then, yet, when the jury brought
him in guilty, the Chief Juflice expreilcd
the fatisfaftion of the court, and faid, gen-
tlemen, you have done like very good chrif-
tians, that is, like very good Proteftants. —
And, at the trial of the five jeiliits, th-rChief
Juftice fays, that the jefuits Were very exaft
at catching at a point of time ; but that was
a thing which' no man could precifely charr-e
his memory v/ithal ; and therefore perfuade.;
the jury, that that fnoukl not be too flridfly
the meafure of their judgments about truth
and falfliood (the miflake of 7 or 8 days) ;
and that they were not to lay too great a
weight upon the point of time ; Now if too
great a weight be not to be laid upon a point
of time, then this charge againit me is of
no weight at all. Btfide.s my Lord, it
ought to be conlkiercd, that if this were the

648 A C O L L E C T I

great objection then, and then anfwered, it
ceafes to be an objection now.

I fliall offer the teflimony of Mr. Bedloe,
who is dead, and at his death confirmed all
that he had iworn of the Popifh plot to be
true ; and affirmed, he had rather fpoken
lefs than the trvith, than more : And to this
I defire my Lord keeper may be called, who
took his examination.

L. C. J. It is very well knov.'n to the
world, and particularly to a worthy gentle-
man who fits by you, (pointing to Mr.
North) that Mr. Bedloe, when he was fick,
did make fome fuch proteftations.

Then Mr. Blaney was fworn.

Gates. Pray, Mr. Blaney, fee in your
notes of Ireland's trial, if Bedloe did not
fwear, that Mr. Ireland was in tov^n the
lauer end of /lugufl, 78.

Mr. Blaney, He faid it was in Aiigujl :
He would not be pofitive to a day ; but he
thought it the latter end.

Oates. Then, my Lord, I defiie Mr-
Jennifon's depofition of Mr. Ireland's being
in town, taken before Sir Edmund War-
cup, I may call fome witnefles to make
proof of.

L. C. y. We cannot admit that in evi-
dence, unlefs the King's counfcl will con-
knt.

Oates. Then I fliall prove what he fwore
at another trial.

L. C. y. Why, is he dead ?

Oates. It has qofl me a great deal of
jr.oney to fearch for him, but I cannot hear
of him.

L. C. y. Though in ftridnefs, wc iliould
not admit fucii evidence, unlefs the party be
dead ; yet, if you can prove any thing he
fwore at another trial, we Vvill itidulge you
fo far.

Oates. Have you the record of Sir George
Wakeman's trial, Sir Samuel Aftry ?

L. C. y. Put it in : And now, Mr.
Catesj prove what you can.

ON OF TRIALS.

Then Mr. Oates demanded of Mr. Bla-
ney, if he could remember what Jennifon
fwore at that trial ; but Mr. Blaney could

remember nothing of it.

Mr. Oates defired Sir Edmund Warcup
might be examined about the depofition he
took of Jennilon, concerning Ireland's being
in town the 19th of Jugiijl : Which the
King's counfel faid they would confent to,
if Oates would admit Jennifon's letter under
his hand to be read, wherein he owned he
was miltaken in his whole evidence about
that matter.

To which Mr. Oates confented ; and Sir
Edmund Warcup was examined ; but he
laid, he had delivered the depofition to tlie
King and council, and could not remember
the particulars.

Then Mr. Oates called Sarah Batten.

He demanded of her, if her name was noE
Pain formerly ; aid, if flie did not give evi-
dence at Mr. Ireland's trial .? But it appear-
ing he was miitaken in the perfon, he ex-
amined her no further.

Mr. Oates called Mr. Perciva), Mr.
Vaughan, Sir Michael Wharton, and fe-
veral others ; but they did not appear : He
faid he had ferved them all with Subpasna's,
but they would not come ; and then he pro-
ceeded in his defence.

My Lord, both Bedloe and Sarah P.iin
have fworn, that Ireland was in town in
Augujl, as well as myfelf ; and, I think, I
am hardly ufed, that after witnelTesare dead,
or gone out of the way, I iliould have fuch
a part of my tcltimony called in queftion.
Jennifon's evidence has formerly been made
ufe of, and approved, as is well known to
thofe who fat judges upon my Lord Vif-
count Stafford. And, my Lord, as I hope
for falvation, ail that I have fworn about
Mr. Ireland's being in town, between the
8th and 12th of Jugujl, 78, and the begin-
ning of 5r/'/t'rai'fr, is true; and though there
are a great many witnefles produced againlt

AGO LL E C T I O N

mc this day, a great part of them do not
come up to the Sth or 1 2th of Auiuji : And,
J defire your t.ordfhip will remark to the
jury, what little credit thefe witnefTcs had
at the trials of Ireland and the five jefuits :
And, I believe, I am the firfl: precedent, of
a perfon's being indided for perjury, for be-
ing a witnefs for the King, in fuch a cafe as
this, after fix years elapfed, and vcrdi6l
upon verdift, and judgment and execution
upon thofe verdifts ; and when no new ob-
jedlion is oflered, but what was then urged •,
and no circumftance occurs now, but what
was as conclufive then, unlefs the change
of the feafon. And at thofe trials all the
judges of England were Commiffioners of
Oyer and Terminer ; and fully debated and
difcufll'd thefe matters, and fixw all thefe ob-
jetlions fully anfwered and confuted. Had
I been witnefs in any caufe but a Popilh
confpiracy, I had met with fairer quarter :
But at this rate, it is fafer for a Papifl to be
a traitor, than for a Proteftant to difcover
a Popilh plot. I hope you will confider
my witneilcs are either in places unknown,
or, are fuch as, confidering the times, dare
not appear •, yet, I hope, you that are fworn
to do juftice, will not fuffer me to be ruined,
by the falfe teftimony of the Papifts, who
are parties -, for they have a turn to ferve,
and are reiolved to wreak their vengeance
upon me : Now they have hopes of bring-
ing in their religion, and would welcome it
with my ruin : Their eyes now fee what
their hearts fo long have wifhed, the death
of a great man, who died lately, and againpL
whole life they fo often and fo long con-
fpired. Had this been their firfl: confpiracy,
the truth of it might have been difputcd ;
but if you caft your eyes upon the reigns of
of Queen Elizabeth, King Jam. s, and King
Charles, what can be averred againft thofe
numerous records of their confpiracies ?
And then furely, my dilcovery will not be
deemed fo improbable a thing. And I hope
the jury will confider, that the men who
Vol. I. No. 28.

OF TRIALS.

649

are witnefles againfl me, their very religion
is rebellion ; and their principles and prac-
tices pernicious to our government. And,
my Lord, if Coleman's correfpondenre with
La Cliaife, the French King's confLlTor, for
promoting Popery in England, be confider-
ed, it is a demonftration of the plot, and
fufficiently vindicates me. — —My Lord, I
have a favour to beg : I had but an ill night,
and am now in great pain ; I d.fire you
would aflign m:e counfel to argue the errors
in yeftcrday's indidn-ie^nt.; and give me 'a
week's tln-le to prepare and in'ftriift my
counkd; To which the court agreed; biit
told him, by the rules of the court, he ought
to have but four day^. Then he defirfd
he might have liberty to withdraw ; to which
alfo the court agreed.

Then Mr. Solicitor proceeded to make
his obfervations on the evidence, ai:o. the
prifoner's defence, and faid.

Gentlemen of the jury, you have fcen
between forty and fifty witnefles produced,
to (hew that it is impoffible, that what Gates'
did fwear can be true : He fays, indeed,
that this is in a circumftance of time where-
in it is difficult for a man to be pofitive to
a day; and that, it is ufual with witnefles,
in points of time, to fwear with a latitude;
Bur, gendemen, fhould we grant this falfe
dodtrine to be true (and falfe cenainly it
is, and of moll: pernicious confequence it
muil be, if, when men are charged with
diings that depend upon time and place, the
witneflTes fliould not be kept to thofe
circumflances) yet this, I fay, if granted,
can do him no manner of fervice in the cale
before you : For between the 3d of Auguft
and the 14th of September, which includes
both times he fwears to, and gives him a
latitude of above twenty days bcfide-s, there
is not a moment of time wherein his oath
can be true.

Gentlemen, you have obfervcd how the

witnefles have given you an account of

every particular day of both months, Irom

S C the

650 AGO

the 3d of Augiift, that Mr. Ireland left
London, to the 14th of September, when
he returned thither again. And, that their
teftimony might the more evidently appear
to be true, they have given you luch re-
markable circumftances, why they remem-
bred the particular times they fwear to, as
renders it impofTible they can be miftaken.
Then Mr. Solicitor fummcd up the evi-
dence that had been given ; after which he
proceeds: And now let the world judge,
if there be any room left to fuppofe, that
any one word Mr. Oates has depofed can
be true even allowing him that latitude ot
time he defires, jind fays all witnelTes ought
to be allowed : No, there is not a moment
wherein he can verify one tittle of his evi-
dence, as to Ireland's being in town ; and
this fure, I may call dcmonftracion, that
what Oates has fworn is utterly falfe. Gen-
tlemen, the jury that tried Ireland had not
this evidence : Indeed, fome that went cut
of town with him, and one or two from
Wolverhampton, Vv-ere at the trial of the
■ five Jefu'ts ; but not more than five or fix
in all of the forty odd that now appear;
and for want of thefe, Ireland unfortunately
fuffered : For fo, I fhall take leave to fay,
it was unfortunately.

And there is one thing Mr. Oates lays
g-eat llrefs upon, and would have you
ihink he is hardly dealt with; becaufe this

prolecution has been fo long delayed.

But, gentlemen, with forrow we mufi: re-
member, that there was a time when the
tity of London was fo corrupted, that it
was made a refuge and a fanftuary for high-
'. treafon : When the King could have no
' juflice there, and men lodged themfelves
within tho-^e walls as a protedion for their
confpiracies. The time has been, when
indiiflments were preferred, and the moft
convincing evidence given the grand jury,
even to the fatistaftion of all who heard it,
and yet they have refufed to find the bill ;
and not only fo, but they were fo abetted

LLECTION OF TRIALS.

by the rabble, that it was fcarce fafe for a
Judge to fit upon the bench -, and therefore
it is no wonder an indidtment was not pre-
ferred againft Oates at that time, when the
plaineft proof againft fuch criminals could
not be admitted. This may give fufficient
fatisfaftion why it has been delayed -, and
may caution every man, how they fall into
the fime circumftances again.

But gentlemen, you have heard the evi-
dence to prove this faft : And it is plain to
a demnnftration, if you believe that Mr.
Ireland was feen by thefe people at all, he
was feen at thofe very times th^y have par-
ticularly declared : For, upon confideration
of the circumftances, it is impoffible it
(hould be at any other times : And fo I
leave it to you to confider, whether the de-
fendant be perjured, or not.

Then the Chief Juftice proceeded to
direfl the jury, and obferved. That every
perfon that liad been executed for the
Fopifli plot, truly called Oates's plot, hnd
to a man denied it at their deaths ; and
took it upon their fnlvations they were in-
nocent: Wherea"?, there was not a man
concerned in the Rye-Houfe Plot, who had
the confidence to deny it at his execution :
And as to Mr. Oates's infinuation, that it
Was hard he fiiould be brought to trial,
after fo much time elapfed ; fuch were the
mi.'^fortunes of thofe times, when thefe per-
juries were committed, that even the foun-
tain of mercy itfelf was ftopped ; and even
that companionate Prince King Charles IL
was compelled to permit the execution of
Ireland, againft his inclinations, rather than
give difturbance to his people ; there
having been a verdifl and judgment in the
cafe : But it was wrll known by them that
were near his perfon, how often he cx-
expreffed his concern for having conlented
to this execution ; and that he refltfled on
it with regret to his dying day, as his Royal
Father did on the bufinefs of my Lord
Strafford : Nor ought thefe things to be

remembered

A COLLECTION

remembered as a refledVion on the memory
of" choie Pniices, but with infamy to thofe
who were the caufes of them. Unhappy
was it for the Prince, when the times were
fo tumultuous, that he was compelled to
rcflrain his mercy, where he thought it
due, rather than feem to Itop the current
of juftice : And as to Oates's objeftion,
that the witneffes were Papifts, it happened
that feven or eight of them were Pro-
teftants : Not but he thought Roman Ca-
tholics good witnefles in point of law :
And he was fatisfied, lying was as much
the talent of a Presbyterian, as it could be
of a Papifl. Nay (it was as inleparably in-
cident to a Presbyterian) and fuch fniveling,
canting, whining knaves, to lie, as it was
to fpeak : That Dates mightily infiftred,
that, becaufe he v;as believed before, it
would cad a refl-'6lion on former juries to
disbelieve him now : But if that opinion
was to prevail, it was impofiible perjury
could ever be dcttfted. The nation was
then in a hurry and furprize ; and it was
not then fappofcd there could be fuch
villains upon earth, as impudently to fwear
hightreafon againll thi:ir fellow-fubjedts,
when there was no truth in the accufation.
But the eyes of all honell men were now
opened : They had feen the effefts of their
credulity , and it concerned them to flievv
their rclentment to the world. And hav-
ing funimed up the evidence, he concluded
in this manner: It is incumbent on you,
gentlemen, to try thtfe faifts according to
your evidence; and it is incumbent on us,
who fit here as Judges, to fee the law
executed. And God forbid, but we (liouid
ul'e our utmoft endeavours to infl'dt the
greateft vengeance, that the juftice of the
nation can permit us to infl;6t upon fuch
villains, who have contraded (o much mif-
chicf and reproach on us, and fo much
guilt upon thcmlelves.

The jury withdrawing, returned in half
an hour, and gave a verdict, that tlie pri-
foner was Guilry.

OF T R I A L S. 651

Mr. Oates's counfel afterwards moving in
arrert of judgment, was allowed a con-
fiderable time to prepare his exceptions to
the indidment -, and being brought into
court on the 26th of May, Mr. Attorney
faid, that four exceptions were delivered to
him the night before by Mr. Wallop •, but
neither Mr. V/allop, nor any of the de-
fendant's counfel, thought fit to argue
them. The exceptions were thefe :

1. That a witnefs fworn on behalf of tlie
King in a procefs of high-treafon, cannot
be puniflied for perjury by the King.

2. That it does not appfar, that the in-
diftmentsof Ireland, &c. found in Middle-
lex, were legally tranfmitted into London i
and confequently, all the proceedings there-
upon, were coram non Jitdice.

3. That the perjuries affigned, are fo-
reign to the ifTue.

4. It is Refolutio Signal' in that part of
the indidment, that mentions what the de-
fendant fwore ; and in the perjury afiigned,
it is Rejclutio fignand"; which is nu good af-
fignment of the perjury.

To thefe exceptions it was aniwered by
Mr. Attorney and the court.

1. That the firlt exception was a plain
miftake of the indidmeiit -, for the dr..
fendant was not indided upon the Itatutc :
And, at common law, he might be pro-
fccutfd for theKinsj;, thouah he v-as a wit-
nels for the King before : And that, if wit-
neifcs, who came and forfwore themlclves
to take aways men's lives, could not be
called in queftion criminally for the King,
(at whole fuir only, a man could be prolc-
cuted for his Hie, unleii; in cafe of appeal.')
it v?ould be an encouragement to villainy,
and make the procefs of law to become an
inllrument of the greateft cruelty in the
world.

2. As to the fecond exception, that it did
not appear, Ireland's indidment, &c. was
well tranfmitted from Middlefex to London,
that v/as well enough i for it being recited

tliey

6 ?2

A COLLECTION of TRIALS.

they were fo, and fo indiiSlcd, it lets forth,
tl^at tlie trials were had upon records there
depending, before the Commiffioners of
Oyer and Terminer, and gaol-delivery :
And it (liali be intended, that they were
well brought before them.

3. That as to the third exception, Th.Tt
the perjuries afligned were foreign to the
matters in iiTue ; it was apparent, that one
of the indictments v^as in the exprefs points
of the gieat treafon charged againft them,
viz. The confiilt on the 24th of April.
And that for the other, the time was very
material -, becaufe it was impofilble that
Ireland could be guilty of the treafon fworn
again 11 liim at his chamber in Ruflcl-ftreet,
between the 8th and 12th of Auguft, if he
were not then in town. Nor could he be
privy to the treafon fworn by Eedloe, the
latter end of Augufl-, or the beginning of
September, in Harcourt's chamber, if he
were out of town rrom the 3d of Augult,
to the 14th of September.

4. To the fourth exception, that he
fwore he faw them fign it, and the peijury
afligned is, that he did not carry it to be
•figned ; they anfwered, that it was alledged
that he falfly and corruptly fwore that he
■ was prefent ; and that he carried the refo-
lution to be figned, and faw them fign the
refolution. Now, i. It is faid he was not
there. 2. He carried no fuch refolution to
be figned ; and that there was no occafion
to fay he did not fee it figned ; for, if he
was not there, nor did carry it, he could
not fee them fign it. Befides that, if any one
part of the oath he fwore proved falfe, that
twas fufficicnt to maintain the verdidi; ; but
here it was notorioufly plain, that it was

falfe throughout. And my Lord Chief

Jufi:ice faid. That all the Judges of Eng-
land had been confulted, that if the iaw

would admit of it, he might receive fuch a
judgment for this offence, as might be ade-
quate to the crime, and deter others from
committing the like again.

That by the ancient laws of England,
perjury was punifhed with death : That,
afterwards, it was puniflicd by cutting out
the tongue. And nov/, by the unanimous
opinion of all the twelve Judges, it was re-
fo'ved, that by the law, crimes of this
nature were left to be punifhed according to.
the difcretion of this court, provided
fuch judgment extend not to life or
member.

Then, the Judges having confulted to-
gether, Mr. Juftice Wythens pronounced
the fentence, viz.

That the defendant fliouKi pay onethou-
fand marks upon each indictment : That
he fliould be liripped of his canonical ha-
bits : That he Ihould ftand in the pillory
before Weflmin(fer-hall Gate, on the Mon-
day following, for an hour, with a paper
over his head, declaring his crime ; but
that, firft, he Ihould walk with it round
all the courts in the hall.

On the fecond indidlment, the judgment
was, that he fliould (land in the pillory,
the Tuefday following, at the Royal-Ex-
ch.inge : That the next Wednefday, he
fhould be whipped from Aldgate to New-
gate ; and on the Friday following, he
fhould be whipped from Newgate to Ty.
burn, by the hands of the common hang-
man : 1 hat the 9th of Auguft, every year
of his life, he fliould fland in the pillory
before Weftminfter-hall Gate; the loth of
Auguft at Charing-Crofs ; and the nth,
over againft the Temple ; and the 2d of
September, at the Koyal-Exchange ; and
on the 24th of April, every year, at
Tyburn.

The

A COLLECTION of TP. lALS.

f>52

Sir Thomas Jenner, Knt. his Majefty's Serjeant at Law, aiul Recorder of ihe
City of London, moved for a Trial, in the Cafe between the KING anJ Mr.
HAMBDEN, which was by the Court appointed to be on Wednefday the 6th
of February, 1^.83.

Clerk of the Crown.

V>«ALL the defendant John Hambdcn.

Mr. IVilliams. He appears.

CI. efCr. Gardez votrez Challenges. Call
Sir Charles Gerard.

Cryer. You fhall well and truly try the
iffuc between our Sovereign Lord the King,
and John Flambden, Gent, and a true ver-
di(5t give according to your evidence, " So
help you God."

Sir Charles Gerard, Jur'

CI. of Cr.

Roger Jennings, Elq. Jur'
Henry Hodges, Efq. Jur'
Jolliua Galliard, Efq.

Williams. We challenge him for the de-
fendant.

/,. C. J. [Sir George Jefferies] What is
your caufe of challenge }

IVilliams. If your Lordniip pleafe to let
him go through the pannel, we will {hew
caufe if there be not enough left without
htm.

L. C. J. No, fliew your caufe now, it
being againft the King.

WiUiami. He has an employment under
the King, he has an cffic: in tlie f^rell,
and that we fi.y is our caufe of challenge.

L. C. y. Wr.at then if he have.

IVilliams. My Lord, we fuppofe then
he is not an indifferent perfon to try this
caufe. 1

L.C.y. Ay, let me hear that now
proved and defended by any gentlemen of
the long robe, that that is a good caufe of
Vol. I. No. 28.

challenge. Shew me what law tliere is for
it.

IVilliams. To be of the King's robe, or
pay, or falary, is an exception in any cafe
wherein the King is concerned.

/,. C. J. Shew me any law for that if
you can, Mr. Williams, 1 know you are a
lawyer.

PVallop. It is the opinion of my Lord
Coke in his Inftitutes, that it is a good
caufe of challenge.

L. C. J, But there is the opinion of all
the Judges in Henry the Fourth's time
againft it.

ITallop. It is, my Lord, fol. 136.

L. C. y. But I can cite you three or four
books, and you have them ail together in
Roll's Abridgment, " Title Challenge,"
where he fets down four books one afler
another, that it is no caufe of chalien"e,
even to be the King's tenant, .ind iherc is
a great deal of reafon for ic. For, ifth.it
were a good caufe of challenge, mark the
confequence, then all perlans that hold
lands in England Iiold them mediately or
immediately of the King, and f) the Kino-
could have no freeholders to be jurymen
in his caufe.

IViiliams. This is a inore fpecial caufe of
challenge than tliat.

L C. 7. What can be greater thin tliac
of being the Kin!!,'s tenant.^

.4iL Gen. [Sir Rcbert Sa'->A:yer\'E,''\if:(:\ci\\y
when all the land of England was heki of
the crown, as originally it was,

Tre'vor,
8 D

6.^ A C C) L L E C T I

'Trevor. My Lord in 2d Rolls 646. Tit.
7 ry b, there is the exprcfs opinic-n of my
Lo d Roil?, tl);it to be of the livciy, or a
mirnial fcrvant of the crown, is a good
caiilc of c:iul!ei.ge.

"/-,. C. 7. And look you but in the i ft

cafe in the ift part of the Abridgment,

" 1 iile Chalienpe?," where he mentions

■ three or four books to the fame purpofe,

and 'tis quite oiherwife.

Williams. My Lord, in that of ifl: Rolls,
he only cites fome books, but the other is
his own opinion.

L. C- y. Well, make out your faft if
.you have a mind to it ; but it is well
1-:novvn, that neither Mr. Serjeant Rolls,
nor my Lord Coke, when he deliverd that
opinion, are to be reckoned fuch authorities
in crown matters.

F/illia;ns. We will aflv him, my Lord,
if you pleafe, I fuppofe he will not deny
it.

L. C. J. No, make out your fadl if you
•will have any benefit by it, 'tis only a chal-
leige to the favour, which ought not to le
it! the King's cafe. I am very glad that we
are now to debate this matter with men of
the robe, bccaufe we have had a ftrange
fort of notions and refleflions fpread abroad
of late, as though the Judges now-a-days
gave llrange fort of opinions, and as though
perlbns that had been blemiflies at the bar,
were preferred to do ftrange things when
they came upon the bench ; but truly I
wonder to hear that it fhould be a doubt,
when at the fame time that which we gave
as our opinion about one particular chal-
lenge, that is as to freeholders, it was the
J idgment of all the Judges, that that was no
challenge, and all the counfel that were
concerned in that cafe know it was the
opinion of all the Judges. But now if we
meet with lawyers, I fhall be glad to have
the matter fairly argued and debated, and
pray fliew me what law or rcafon is for
it.

ON OF TRIALS.

tVallop. Certainly, my Lord, there is s
grejt difference betwixt the general alle-
giance of all men, and fo of a general
tenure, and the dependance of any par-
ticular perfon who is a menial fervant, and
receives wages of the King.

L. C. y. I v/ould defire to know of you,
Mr. Wallop, which is the greater chal-
lenge, to fay kich a one is tenant, or
fuch a one is immediate fervant to J. S?

IVnllof. There is a great difference, my
Lord, 1 think, between an immediate
tenant, and the general tenure of all fub-
jecls.

L. C. y. But certainly the law is thus, if
he were an immediate or a mediate tenant
to any but the King, if his Lord were party
to the fuit it would be a good challenge,
but the being tenant to the King is no
good challenge in the King's cafe.

IFilliams. My Lord, I take it, the a6l
of Parliament that takes away the court of
wards and liveries hath altered the law as
to that matter of tenure ; for now we hold
in focage, and that other tenure is deftroyed
that was between the King and his fub-
jecls.

L. C. y. But pray how comes it to be a
challenge now that was not one before ^
Does that Aft of Parliament make it a good
caufe of challenge ? If it does, fhew it. I
tell you the old books are againft: it.

TVilliams. I fpeak, my Lord, to the
tenure, that that is nothing at ail now to be
obje6tcd, bccaufe all is now in focage.

L. C. y. I would not have Mr. Attorney
infift upon a juryman, but yet with-all 1
would not have it gone away with as law,
that it is a good caufe of challenge.

IValiop. My Lord, we finding in fome
cafes that are in our books, that it is held
to be a good caufe of challenge, lay it before
the court.

Att. Gen. How many hundred errors dp
you find in my Lord Coke, notwithftanding
all his learning?

L. c. y. I

A C O L L E C T I O

L. C. J. I lay, if I was Mr. Attorney, I
would not conteil for any particular m<jn to
be a juryman, I fpeak that as my advice,
bnc I would not have it taken for law, nor
would I have it broaclicd abroad, that
though the Judges now were of one opinion,
yet the law truly was of another.

Mr. Jones. If all that receive falary, or
wages from the King, are not to be jury-
men in the King's c.iufes, then alfthe De-
puty L'eurei-iants and militia officers, which
generally are the moft fubftantially free-
holders, are excluded from being jury-
men,

Juft. TFithittS. Who will fay fo, Mr.
Jones ? No lawyer in England furely will
fay fo.

Ifilliams. Offices where there is no profit,
will not be the fame exception.

Att. Gen. But he is no menial fervant of
the King's.

TVilliatris. What is he then ?

TFallop. We hear that he is keeper of one
of the King's forefts, and has a fee for it.

IP^illiams. Well, we will aflv him upon a
'uoyer dire.

Att. Gen. My Lord, the fadt is quite
ctherwife, and I defire they may make it
out.

L. C. J. Truly, I think 'tis not tanti to
infift upon any particular man, but I find
we are in an age that is fo full of cavils,
that if we aft but according to the prece-
dents that went before us, we are thought
to aft as originals, and to make new
laws, when we only follow the rules that
we have received from our predccefTors.
And I fay there was no fuch challenge at
common law, that ever I read of in any of
our books, nor is it any challenge by the
beft authorities extant.

Mr. Jo7te%. I defire them to fliew me any
fuch precedent, that any man was cha'-
lenged by one that was tried at the fuit of
the King, for a challenge to the favour,

N OF T R I A L S. 655

but we muft do unprecedented things, or
tlfe there will be no fatisfying of feme
men.

Att. Gen. I would fain know, what one
opinion in a ftraggling book is againft the
current of all our law ?

IFiliiams. Which do you call a llragglins;
book, Mr. Attorney .? My Lord Coke's ]n~-
ftitutes, or my Lord Roll's Abridgement ?

L. C y. I fay the better opinion of the
books is on the other fide, and the greater
number too.

Att. Gen. Firfl of all, I do know of my
own knowledge, he is no menial fervant.

L. C. y. Mr. Attorney, I do debate it
for learning fake, truly I know not the man,
nor whether he be the King's fervanr, or
not, but I fpeak againlf allowing the chal-
lenge, that if he be let afide, it may not be
taken as a precedent, and lb pafs for law,
that the King's fervants can't be jurymen.
I would have you quit the man by conlenr,
but not as a force-put, as though the law
were fo, for the law, I think, is other-
wife.

Att. Gen. He is none, my Lord, they
miftake.

L. C. y. Nay, I know nothing of the
man, I tell you only what I think.

Wallop. He receives wages, or a fee
from the King for his office.

Juft. TVithins. 1 would never, for my
parr, while I live, nor never did, while I
was a pradtifer, ftand upon any particular
juryman.

yltt. Gen. He may be a juryman by law
fure.

L. C. y. There is no doubt of it, Mr.
Attorney.

Att. Gen. My Lord, if your Lordfliips
have given your opinion, I defire he may
ftand by.

L. C. y. Well, Mr. Attorney waves him,
let him fland by.

Att. Gen. But for no reafon that has
been ofFere '..

L.C.y. No,

656 A C O L L E C T I

L. C. J. No, no, T don't hear any thing
of reafon offered for it,

CI. of Cr. Mr. Galliard. You may go
down.

Thomas Harriott, Efq. Jur'
Thomas Earsby, Efq. Jur'
William Avery, Efq. Jur'
John Sharpe, Efq. Jur'
Richard Shoreditch.

JViWams. We challenge him for the de-
fendant.

L. C. J. What is your caufe of chal-
lenge ?

iVilliams. There is the fame exception to
him.

L. C. y. If Mr. Attorney will confcnt,
with all my heart.

Jit. Gen. No, we humoured you in one,
we won't humour you any more.

IVilU^ms. Nay, here is fomething more
clear for us, he is a Serjeant at Arms at-
tending his Majefty.

Juft. JFithim. You know our opinions
already, Mr. Williams, unlefs Mr. At-
torney confent, we can't do it.

JVUliams. We only acquaint Mr. At-
torney vvith it, we mull lubmit to your
rule, he is certainly Serjeant at Arms, he
cime in the place of Dereham that let my
Lord Gi-ey efcape.

Att. Gen. Pray prove it, 1 don't Icnow it
for my (hare.

JViUiams. Will you alk him thequeftion?

Jit. Gen. I'ray prove it. Are we to gra-
tify your client .? Pray, let him better
inib 11(51 his "counfel.

L. C. J. If Mr. Attorney confent not,
then he mult be fworn.

Att. Gen. li there be enough without
him tliat do appear, let him ilahd by.

Cl.ofCr. Stand down, Mr. Shoreditch.
"^ Charles Good, E'q. Jur'

Alt. Gen. That it may appear hciw fair
thino-s were carried, they would not ftrike
out one of thcfe men when they came before
the Protonotary, as they might have done.

Juft, I^iihiiis, Truly that was not well

ON OF TRIALS.

done, to trouble the court when you might
make your exceptions there.

M'illiams. We did not know it then, now
wc do, v.'c offer it to the court.

a. of Cr.

Samuel Roufe, Efq, Jur'
Hugh Squire, Efq. Jur'
Nehemiah Arnold, Elq. Jur*
John Bifeild, Efq, Jur'

.^"

Then the Jury were numbered, and the
twelve fworn were thefe.

JURY.

Sir Ch. Gerard, Bart.
Roger Jennings, Efq.
Henry Hodges, Efq.
Tht). Harriott, Efq,
The. Earsbv, Efq,
Will, Avery, Efq.

John Sharpe, Efq.
Charles Good, Efq.
Samuel Roufe, Eii],
Hugh Squire, Efq,
Neh. Arnold, Efq.
John Bifeild, Efq.

■CI. pf Cr. Gentlemen of the Jury, you
that are fwoin, hearken to your charge.
I'he defendant John Hambden Ifands in-
diftcd by the name of John Hambden, of
the parilli. of St. Giles in ihe Field?, in the
county of Middlefcx, Gent. .'^Prciit in the
indidlment, mutatis mutatidls)^— To this in-
didtment he has pleaded not Guilty, and for
his trial puts himfelf upon the country, and
the King's Attorney-G(!ncral likevvife, which
country you are, your charge is to inquire
whether the defendant be guilty of the
great Mifdemeanor whereof he ftands in-
dicted, or not guilry ; if you find him
guilty, you are to fay fo ; and if you find
him not guiliy, you are to fay fo, and no
more ; and jic'ar your evidence.

Then proclamation was made for evidence
in ufual form.

HoUoivay. May it pleafe your Lordlhip,
and gentlemen, you that arc fworn, I am of

counici

A COLLECTIO

counfcl for the King upon this indidmeiit.
Gentlemen, the indiftment lets forth, that
the defendant being a feditious, malicious,
evil difpofed perfon, and feditioudy and
malicioully intending to difturb the peace
of the kingdom, the lad day of June, in the
35th year of his now Majefty's reign, and
divers other days and times, at the parifli of
St. Giles in the Fields, in your county, d;d
unlawfully alTemble, and confederate him-
felf with divers evil difpofed perfons, fub-
jefts of our Lord the King, and then and
there, with thofe other perfons, did falfely,
malicioudy, and feditioufly confult and con-
fpire to make an infurreftion in the king-
dom of England, and to provide arms and
armed men in divers places of the faid
kingdom. And the better to compleat his
evil intentions, the faid laft day of June, did
confult and agree to fend certain perfons,
to the jurors unknown, into Scotland, to
invite leveral evil difpofed perfons there to
join in this confpiracy. This is the fub-
ftance of the charge, and to this he fays, he
is not guilty ; if we prove him fo, we do
n5t quellion but you will find it.

An. Gen. May it pleafe your Lordfliip,
and you gentlemen of this jury, Mr. Hamb-
den ftands indidled of an high mifdemea-
nor, for confpiring with feveral others, to
raife rebellion within the kingdom, and to
crave the afliftance of the brotherhood of
Scotland, Upon the face of the indift-
ment, gentlemen, it appears to be a very
high crime, and the matter of this indeed
has been formerly in examination in other
trials, and yet the party you may obferve
do not acqiiiefce in thofe trials, but think
tiie perfons accufed lay under very great
hardfliips, and that to a very great degree,
as not having the advantage of counfel,
nor to have their witnefles examined upon
oath ; and therefore, gentlemen, the King
IS pleafcd to go lefs in this cafe than in the
others, that this gentleman, who is now be-
fore the courr, may clear his innocence, if

Vol. I. No. 28.

N- o F T R I A L S. 657

' he has any witneiTes to do it. And if therc
j be any advantage that the having of coun-
I fel can contribute to his caufe he has tb.it
' allowed him too,

'I he courfe of our evidence, gentlemen,
will be this.

We \\\a\\ prove to you that Mr. Hamb-
den, with five other perfons (1 ihall name
them) the Duke of Monmouth, my Lord
RuQel, Mr. Sidney, my Lord ofElTcx, and
my Lord Howard, they met feveral times
(the particulars we (hall give you an ac-
count of) one was at Mr. Hambden'shouie,
another was at my Lord Rulfel's, where
they did contrive together, and took upon
them to be a junclo, or a council of fix,
colleded out of the wifeft men of the king-
dom, to confider how they might better the
affairs of the nation, and how they might
make a ftir : for they thought there was no
way polTible otherwife of doing it, but by
their joint counfels to carry on a rifing.
And that they might do it the better, they
refolved to crave the afTjftance of Scotland.
Gentlemen, we (hall give you an account
of their confults and debates, and fliall fliew
you, that at length they came to a refolu-
tion, that the rifing was to be carried on
jointly in London, and the feveral parts of
the kingdom, in feveral countries at oner.
Then they came to think, and confider
whether it were not bell to lend into Scot-
land, to draw them in too. And thereupon
it was agreed by this jundlo, that they would
frnd thither, and the management of it w.!s
committed to Mr. Sidney, to fend Ibme fit
perlbn into Scotland, to treat with the male-
contents there -, and the better to carry on
this joint defign, ibme of them were to come
up to London. And they were to have
a pretence to treat about going to Carolina,
and the purchafing fome fhares in the plan-
tation there, of which my Lord Shaftsbury
was a chief governor. We fnall prove to
you, gentlemen, befides all that I have
opened, that the p.rlon to whom that trufl
8E was

658 A C O L L E C T I O

was corn.Tii;ted, Mr. Si-.lney, cccording to [
the duty that he hr.d taken upon him, does
employ one Aaron Smith, which all ihat
know him, do know him to be a fit engine
tur fuch counlellors, and a fit inflriiment
for fuch aconfpiruCy. We flTall prove he
aflually was in Scotland, and that he went
into Scotland upon this errand. And then
we fliall prove, that thole gentlemen that
were lent to, and were the perfons named
in their coniults to be treated with, came
here ioon ;:t"ttr to town, and as loon as ever
this plot was difcovered, they fled and ab-
f:oiu1ed themlelves. Gentlemen, if we
fliall prove all this matter to you, I think it
will be without any queftion clear, that this
gentleman is notorioufly gi-i'lty of this high
mifdemeanour. And indeed, if you obffrve
it, one of the perfons has given judgment
againfl: himfclf, the Earl of Eflex. But
the party have been fo diligent and officious
as to fiing that upon the government ; but
that matter we fhall have before the court
in judgment to-morrow. For two of the
others they have received the judgment of
the law ; for two more of them the King
has been pleafed to take them into his
mercy •, the one is my Lord Ploward, wiio
is fummoned to appear here to-day ; the
other is the Duke of Monmouth, who has
ronfefied all this matter^ and has taken his
pardon, and we have fummoned hitn alfo
to be here this day •, that the world, if they
will have their eyes opened (I mean tlie
difcontented world) may fee there is nothing
fougiit, but the peace and quieting of the
kingdom.

Gentlemen, if we prove all this matter to
you, I fhall be glad to hear the defence of
the counfcl, and the defence made by wit-
neflTcs upon oath,

SoL Gen. [Air. Finch^ My Lord, we
will call our witnefll's, and firil: we begin
with the Duke of Monmouth.

Ati, Gen. Call James Duke of Mon-
mouth.

N OF TRIAL S.

Crye7\ James Duke of Monmout'i.

yltt. Cert. Call him again.

Cryer. James Duke of Monmouth.

L. C. J. Was he ferved with a Sub-
poena .''

Att. Gen. My Lord, we will prove we
have ferved him in all places where he was
like to be met with ; that we left Subpoena's
with his fervants, who promifed to deliver
them to him.

L. C. J. Prove it.

Att. Gcu. Where is Mr. Atterbury ?
Swear him (which was done.) Pray will
you give the court an account, whether
you did fervethe Duke of Monmouth with
any Subpoena ? in what places you were
to ferve him, and who you left it with ?

Atterhury. My Lord, on Friday ialt was
fe'cnnight, I was commanded by Mr. At-
torney General, to carry a Subpoena to ferve
U[ on the Duke of Monmouth, and to go to
iiis houfe at Moor- Park, wiiere it was ge-
nerally difcouriVd he was. I did go and
take a Subpcena from Mr. Burton, by Mr..
Attorney's order, and went to the Duke's
houfe at Moor Park. When I came there,
the outward gate was locked, and I went
to an houfe where the keys are kept, and
having got v!ie key?, I went down to the:v
iioufe, and I faw there one of his fervants
fothering of cattle ; and coming up to him,
I asked him if the Duke of Monmouth was ""
in the houfe ? Fie told me, he could not,
well tell, whether he was or not, but lie
thought he was gone to London, for he law
the calaOi, and five or fix horfemen with it,
and they laid in the houfe, that it was the
Duke that was gone to London. I aflced
if there were any fervants that were nearer
to his Grace in the hcufc, that I might
fpeak v/ith .'' They laid, yes, there was the
houfekeepcr or flew.ard, one Pvlr. Rawkins,
that attended upon the Duke. I defired to
ipeak with him, and he came out to me ; I
asked him if the Duke was there .'' He
feenied to be unv/^illing to give me an an-

fwer.

A COLLECTION of TRIALS.

f*er, I asked him tiie fecond time; but
he did not lay he was, or he was not. I
told him then, I had a Subpoena, which I
brought with me by Mr. Attorney Gene-
ral's order, to ferve upon his Grace, wjiich
was to require him to attend here this day,
toteftifyhis knowledge, in a cafe between
the King and Mr. Hambden. He told
me, Sir, iaid he, give me your Subpoena,
and I will take care the Duke fliall have it.
He took it of me, and I came back to Lon-
don prefenfly. As foon as I came to town,
I had a fecond Subpoena given me to ferve
upon his Grace, with which I went to the
Duke-'s houfeat the Cockpit.

When I came there, I fpake with the
porter, I think his name is Johnfon (but the
porter he is, and I remember him a.fcrvant
there many years) I asked him, if the Duke
was there ? He told me he did not lodge
there. I told him I had a Subpoena to ferve
upon hh Grace to appear as this day, the
fame as 1 iaid at Monr-Park. Says he, Mr.
Atterbury, I will take care the Duke have
it to-night, or to-morrow morning early.

L. C. J. When was this .''

Atterbury. It was of the fame day, Fri-
day was fe'ennight lafl:. I was told after-
wards by one that I met with, that the Duke
did lodge at Mr. Row's houfe, who is a
fervant to the Duke, one of his gentlemen.
He lives in the PalJ-mall, it is either his
houfe or his lodging, but they call it his
houfe. I had a third Subpoena given me
to the fame efteft. And when f came
there, I asked for the Duke, and a woman
came to the door, Mrs. f'.Ianley (I think
they call her) flie feemed to make little an-
iwer to what 1 faid. Said I, will you give
this Subpoena to the Duke, or to Mr. Row
to give it the Duke. She took it of me, rnd
laid, Ihe would give it Mr. Row certainly
to give to the Duke. And yefterday, or
the day before, I met Mr. Row at White-
hall, and fhys he to me, Mr. Atterbury,
you brought a Subpoena to my houfe a

657-

little while ago ? Yes, Sir, faid I, I did,,
had you it i Yes I had the Subpoena, fays
he. Then, fays I, I hope you gave the
Duke it ? To that he made me no anfwer,
but nodded his head, and fmilcd, and went
away.

L. C. J. Now call his Grace again.
Cryer. James Duke of iVionmaOuth. [But-
he did nor appear.
Att.Gen. Call William Lord Howard.
(Who was in the court.) Pray fwear my
Lord Howard. [Which was done.

Att. Gen. My Lord Howard, pray will
you give the court and the jury an ac-
count, what you know of any meeting by
the gentleman thnt is now accufed, and the
Duke of Monmouth, my Lord Rufill, your
felf and others, ^nd when ? Tell what you
know.

. Lord Howard. My Lord, in January
lad was twelve month, about the midlt of
January I was called out by Colonel Sidney,
being then in my lodgings in Southampton
(Ireet, and carried by him to Mr. Hamb--
den's houfe, 1 do not know what they call
the ftreet, but the fame fide of the v.ay
with the fine houfe that is in Blooms-
bury.

Jones. By my Lord Montague's houfe
that now is, you mean .''

L. Howard. Yes, of the f'.me fide of the
way. When I came there, there v/as my
Lord Rulfcl, and the Duke of Monmouth,.
Colonel Sidney and I went together, Mr.
Hambden was then in the room where they
were. Afterwards came in my Lord of Ef-
fex, this made up fix. When they were-

there, we fell into difcourfes

Att. Gen. Pray, my Lord, before you
come to tell the paaticular difcourfes, give
an account how, and upon what grounds you .
came to have this juncto of fix ?

/--. C. J. li" you pkafe, my Lord, . pray
give an, account of . the, ptelimiiiary paf-
(ages.

L. Hovjard. .

'66o

A COLLECTION of TRIALS.

L. IJcv^'ard. My Lord, after the difap- \ to my Lord Shaftsbury, and tell him, if he

had anything of an extraordinary nature co
acquaint me with, I would come and affiil
him all I could. He came the next day
again, and (hewed nie to my Lord Shaftf-
bury's lodgings : He lodged then at one
Watfon's hcufe, a citizen, I know not what
flreet they call it ; but it was in a little
flreetby Woodflreet. And when I came
to him, I found my Lord Sliaftsbury very

pointment given to an undertaking that was
beo-un by my Lord Shaftsbury, which was
in Ofto'er or November before, in No-
vember he died. After that, truly I can-
not fay, but thjt 'Colonel Sidney and my-
fe'f miaht be, and were the two firfl that
did give the rife to it. For being in dif-
xourle, we l^iid it was abfolutely necelTary
that there fnouid be fome council eredted
lu give fome fteadinefs to the motions —

L. C. J. My Lord, 1 would not willingly
interrupt you. But you feem to fpeak of
a difappointmcnt given to an undertaking
by my Lord Shaftsbury. Pray what was
.that undertaking-?

L. Ho-ward. Your Lordfliip has heard
of that before, and know it very well.

L. C. J. Though we know it, the jury
do not. They have not heard it judicially
at leaO.

L. Hnvard. Becaufe it has been in the
printed books, every body, I fuppofe, knows
it.

L. C. J. But that they cannot judicially
take notice of.

L. Howard. That is fomething a long
liiftory, my Lord.

L. C. y. Though it be, wc muft hear

it.

Jtt. Gen. Pray make it as ftiort as you
.can, my Lord.

L. Hozvard. So much as I can give ac-
count of is this. It was about the day after
Michael's liay that I came to my own houfe
having been before in EflTex, and that I
think was Saturday. The Monday fol-
lowing Captain Walcot came to me and
dined with me, and after dinner told me,
my Lord Shaftsbury had left his houfe,
and had betaken Imfelf to a private lodg-
ing, and had hid himfc If from the reft of
his friends ; but had a great kindnefs for
me, (which kindaefs truly 1 wilh he had
fpared) and dclired to fee me, I took time
to confider of it i but I bid him go. back/

much differins; from what he ufcd to be.
which was more cautious, and prefently he
feil to tell me, that he was forced to with-
draw himfelf from his own houfe, for fear
ot being attacked again by (ham-charges
and plots, and falfe evidence, as he had be-
fore : For now he faid, he faw they had
the polTelTion of all juries, by having thofe
(heriffs which were impoled upon the city,
as he faid, and he could not think his own
life or any man's life fafe ; for to be accufed
was fufHcient to bring his life into very
great danger, and for that reafon he hai
withdrawn himfelf to that private retire-
ment ; and being there he was refolved to
make fome fpeedy pu(h, for recovering ot
the liberties of England, that there was
preparation made in the city of feveral
thoufandsof men, that were all in readinefs
to riie, and that for his part, he was refolved
to be let on horfeback ; for get on horfe-
back he could not ; and that there were
great numbers that were ready, when he
did but hold up his finger, to be drawn to-
gether at any time : That divers had been
drawn out of the country to join with them
by infenfible parties of horfe, I think he
named about fourfcore or an hundred.
Which fmce I found were to be headed by
Colonel Ruiiifey, upon the day of making
and declaring the flicriffs ; but finding there
was nothing done, he withdrew himfelf and
his man thither -, but there was fuch a ge-
neral preparation in the city, that if Ibme
Lords did not unhandfomely defert them,
they fliould be in readinefs for adion
1 quickly.

A COLLECTION of TRIALS. 66i

quickly. 1 afted him who he meant ? He j was iiponTuefday, I think the third of Oc-
told mcj the Duke of Monmouth and my | tober, the third or fourth. So I went to

Lord Rufiel had very unhandfomely de
ferted him ; for they had promifed and un-
dertaken to be in readinefs with men out of
fcveral counties in which they had an in-
tercft, he named Somerfetfhire, Devonfhire,
and Che(hire, I think, and that my Lord
Grey fnould be diipofed of into Elfex to do
the fame there, and if they had held on this
refolution, it had been fuch a fure game,
that it could not have failed : But, fays he,
they are ftarted, and fay they cannot be in
a.readinefs to do it. My Lord, I very much
wonder that thole pcrfons you name i fhould
enga :e in any defign, and fail of perform

the Duke of Monmouth tlie next day,
which was Wednefday, and finding him not
at his houle in Soho, and being"^told he
was at Moor-park, I took an occafion to go
to Moor-park, and I came there a little af-
ter dinner, and took him afide, and told
him all this that I now have fpoken about
my Lord of Shaftsbury. Says he, I think
the man is mad, what does he mean ? ^^'e
did undertake to do this, it is true ; but
not by that time he i'peaks of, and things
are not ready, I know not what his own
fears make him do -, but he does afl fopre-
pofteroufly that he will undo us all. Said 1,

ing what they promifed ! Says he, I will I my Lord, all that I fliall defire is, that there
alTuie you it is fo. And ib he proceeded ■ may be an interviev^ betwixt you, and dif-
to fpeak feveral fharp things of the Duke courfe the thing with one another, or elfe
of Monmouth, upon the accout of his am- , it m;iy be a thing of very fatal confcqucnce
bition, that he thouiiht to have all under ! for him to ftep into an aclion cf this danoej-
his command: Which was a fecret lurking j and concern while you are thus divided,
ambition in him, that he faid, he always fuf- | With all my heart, fays the Duke, I would
pedted the Duke to be guilty of And ; have nothing more, I defire to fpe.^k witri
now he found his fufpicions true. That ! him. This made me recoil back again to
unlefs he might command all, he would do ; my Lord of Shaftsbury tie next dav, and
nothing. But for his part, fince he found ' I told him all this, and defired he wuuld
the matter fo, he was refolved to go on give a meeting, fays he, I fee they are falie
al-one, rather than fiil in his defign. Said ! then to lay they did not engage, they w.-rc
Lir.yLord, I fliould be very forward to • engaged, and that againft this time too, the

concur with you in any thing -, but I won
der yourLordfhip fliould ftep into an aftion
of fuch danger, thus divided from thole
that are molt likely to afTiit you in it. I
cannot help it, faid he, I have left my
houle, and muft go on. My Lord, faid I,
pray give me Lave to go to the Duke of
Monmouth, and expoltulate the matter
with liim, and I will come and give you an
account again. Says he, it is to no pur-
pofe, I dare fay. Said !, my Lord, pray
let me go and try, for T would not have
you divided, but I will prcmife you this,
I will not tell him , I came from you, but
as from mylelf difcourfe it with the Duke.
Well, faid he, if you will you may. 1 his
Vot, I. No. 28.

confirmation and fwearing of the Hicriffs ;
and now for me to meet with them, I kn uw
I (hall run out into paflion and anger, ar.d
therefore it is better omitted. Said I, my
Lord, I muft pofitively infill upon it. I
muft have an interview between ycu, for it
is a madnefs for you to go on thus divided,
in fo great a bufinefs, j could not prevail,
he would not, but he told me, if 1 would
I might go to them from him, and let them
know I had been with him ; (for before I
pretended to have it from a third hand, and
not from my Lord himfelf,) and if they
v/ould be in a readinefs with what they pro-
miled, I'rom the country, Jie would ask no-
thing from tlw city, he would take that
S F place .

662 A C O L L E C T I O

pi jce upon himfclf, if tliey v^/ould perform
their engagcmcnc for other parts ; but he
rtlolveci to go on. So I went to the Duke
of Monaiouth's again, and told him what
he laid, that I could not by any means get
him to an interview. Says the Diike, he is
a llrange man, I know not what to do with
him, we will a!) be in a readinefs as fcon as
•vve can ; but it is impofnble to do it fo
loon. I wenv to my Lord of Shaftsbury
auain on the Saturday, and did then pofi-
tively engage- him that he would give a
mcttins to me, and the Duke of Mon-
mouth, and fome others. And we ap-
pointed time and place, he appointed to
coi!:e out in a parlon's habit, and a black pe-
riwig to Iiis own houfe, which he thought
the iafcd place, bccaule he v/ould not dif-
cover his lodging tO:any of then-!, for fear
it fiioukl come to be be knov.'n. With
thele inftrudions I came to the Duke of
Monmouth to prepare about it, and prof-
fered liim to be ready the next d;iy at eve-
ning with my Lord Ruflll to go to liim.
Ail this while I had not i'pokcn to my
Lord RufTcI, but only to the Duke of
Monmouth. And the next day when I
camefrom church to my own houl'e, there
mtt me a melTage from Colonel Rumfey,
vvlio I underftood by my fervants had been
there, and left his. name. With this mef-
f ;ge, that he came to teli me, the gentle-
man that was to meet ccuid not meet.
This was fo confuted a matter, that I was
impatient till I knr-w the meaning of it. I
took my coach and v.ent diredtly to the
D'.ike of Moiimou h's again, and he told
me. Colonel Rumfey had been with him,
and told him, my Lord of Shaftsbury was
apprehenfne there were a great many To-
ries about his houfe, and he feared being
difcovered, and therefore had removed his
lodging, and fo could not meet ; but we
fliou'd hear from him in two or three days.
So that was the laft time that I faw my L.
of Sliafcsbiiry, or indeed in a iii reel line

N OF T R 1 A L. S.

did hear from him •, collaterally by \Yalcot
I did afterwards hear, but by tliis means we-
were at a lofs. After this the Duke of
Monmouth did tell me (for he did not own
tome that he faw hiiii, but indeed fvvore to
me that he did no: fee hini -, but I find
fince he did,) that he would do what he
could, to prevent an untimely dangerous
undertaking. But after this it feems they
had a meeting at Mr. Shephard's houfe,;
where my Lord Shiiftsbury lent a meffage
to him and my Lord Ruflel ; but the Duke
of Monmouth only told me, tliat my Lord
Ruffel had met with him, and feen him ^
but he never owned that he had met'
himhimfelfor feen him. About four or
five da) s after. Captain Walcot came to
mc, and told me, fuch a day was fet for the
riling. Upon which being Itartlcd, ] had
nothing to do, but recoil back to the Duke
of Monmouth, and endeavour to Hop any
rafli proceeding?, and it was fiopped as I
thought, and lo it continued for two or
three days, and at that time, which was in
Oclober, there was a rumour up and down
whilpercd, as if fomething would be at--
tcmpted ; but what it was we did not
kno.v, but thus it went on for two or three
days, and then it meeting with a dilapj. oint-
ment upon the confultatlon at Mr. Shep-
hard's, my Lord Shaftsbury took up his
reloiution to be gone, and went away to
Holland, and died in Holland. This is the
fubftanceot that account which I can sive
ot thofe tcrm.er tranlactions.

Atl.Gen. Now give an account of what
was fubfequent to this.

'L. Howard. This was in November.
After this there being frequent conferences
between Colonel Sidney and me ; for Co-
lonel Sidney by the way knew nothing of
all this, and I was cautioned by my Lord
Shaftsbury, that I (hould not tell my friend
Sidney any thing of it, and asking him the
reafon why I fliould not ? Says he, I can-
not well tell, but vou will wonder when I

tell

A C O L L E C

till vou, that his own friend Major Wild-
man has barred him and would not lee ium
know ir. The gentleman is now dead ;
but I will afTure you he did know nothing
of" this for a month after : For he was gone
into the country ; but after my Lord
Shaftsbury was dead, I told him the hiflory
of all thefe tranfaftions, which he was
before a flranger to. After this, when I
had acquainted him with what had been in-
tended in London, and what preparations
had been made, and how what was intend-
ed had been lupprefTed, and in what poflure
affairs then ftood. We then took up a re-
folution to form a council, that might for
the time to come give fuch direftions as
might regulate the motions of this affair.
Thereupon we began to think of the per-
fons who they fhould be. He undertook
to fpeak to my Lord of Effex and Mr.
Hiimbden, and I was to bring the Duke of
Monmouth to a right underitanding vvith
him in it. So I went to the Duke of Mon-
mouth, and told him Colonel Sidney did
prefcnt his fervice to him, and woukl wil-
lingly wait on him, but that he thought it
would do him hurt, becaufe he w^as a perfon
of fuch not', and thereupon fo obnoxious
that it might prejudice him to have feen
him to come to him -, and therefore if his
Grace v/ould pleaie to appoint any third
place, he fliould be very glad to kifs his
hand. Says the Duke, I do not know any
where truly to appoint. Why then, faid I,
I will tell you a place : Let us e'en go to
his I'.oufe (having before prepared Colonel
Sidney for it) and take him by furprifeand
dine with him, and then there will be the
Icfs fufpicion. But, faid I, you nuUl not
expeft to be treated as the Duke of Mon-
mouth, becaufe he does not cxpeift you ;
but take him as a philofopher, and dine
with him as he ufes to dine at his own
table. Says the Duke of Monmouth, I
care not for entertainment •, I will go with
you : And there at that time did tke Duke

ION OF TRIALS. 663

of Monmouth undertake to bring in my
Lord Ruflel, and my Lord of Salisbury.
This was the only dil'courfe preparatory to
it that ever I knew of. Within a fortniiiht
or three weeks after; nay, I think it was
lefs than ten days after, Colonel Sidney
came to me, and told me, my Lord of
Effex was very forward in ir. The Duke
of Monmouth would prepare my Lord
Ruffel, and my Lord Salisbury ; and he
himfelf did not doubt, but Mr. Hambden
was very willing to be in it too ; and they
had appointed a meeting at Mr. Hamb-
den's houfe, and he would carry me thither
to the houfe •, and this was the firfl: meet-
ing that I liifttw of; and there we met all
fix.

Jtt. Gen. About what time was that ?

Lord Hcivard. It was about tlie middle
of January ; and truly 1 think I could
reduce it to a certain day or two by the
perlons where ! lodged.

jitt. Gen. What was debated there .^

L. Hotvard. When ue came there every
one difcourfed what he would. There was
a difcourfe of the time and places where to
rife ; but among other things it was re-
folved as a principal point, that there
fhould be a preparation made for thedefign,
by a treaty with thofe of Scotland^ and an
underftanding frtcled vvith Argyle, and a
meffenger fciU to my Lord Argyle an;l
others. And before this was done, we
could not be ripe for any refolution : But
this muff be fpeedily done.

L.C.y. Pray, my Lord, give me your
favour, I would not interrupt you •, but to
make things clear as we go, i defire to aik
you, when you came firlt to Mr. Hamb-
den's houfe, wr.o fpake firft, when you
were all met together .''

L. Howard. Every body difcourfed what
they pleafed.

L. C. y. But who save an account of
the reafon of the mctiing : Will you pleafe

664 ACOLLECTIO

to recollecfb, and tell what you know, who
began the difcourfe?

L. Uoivc.rd. Sometliing introduftive to
it was faid by Mr. Hambden, we being at
his hovife, as 'tis natural to conceive for
any gentleman at whole houfe people are
met, to fay, pray let us fit down, and talk
of cur bufinefs. Something leading and
introduiflive was faid by him.

L. C. y. Pray, my Lord, as near as you
can remember, will you give an account
what was the thing he beo;an to difcourfe
of? Did he feem to take any notice, or
have any knowledge of your meeting, and
other things before .'

L. Howard. It was a general hint, and
intimation to us of the ends of our meet-
ing, that we were there come to confult
and advife one with another, how to put
things into a better method and poRure
than formerly : And he defired that we
would fit down and difcourfe of thefe
things. My Lord, I would not charge
mylelf with particulars pofitively.

Att. Gen. Upon what queflions did you
debate and confult, my Lord .''

L. Ho-ward. Thofe were ftartcd feverally.
.Some would fpeak of the time when it
fhould be, whether it were not convenient
now, or when .' Others offered fomething
concerning the places, whether it Iliould be
begun in the city or in the country, or
both together. Others took it into con-
fideration, what perfons were to be pre-
pared in the fcvcral countries to be alTifting
in if, that were probable to carry it on.
And then fome difcourfed concerning the
raifing of money, and then what fum fhould
be laifed, and I think that was ftarted by
tlic Duke of Monmouth •, but I am fure
the fum that he named was twenty or thirty
thoufund pounds. The \\[\ thing that was
talked of, but which was concluded to be
t'.c thing principally to be taken care of,
was thr fettling fuch a concurrence and
correfpondcnce with Scotland, that they

N OF TRIALS.
might chime in at the fame time, that fo-
we might give as many diverfions both
from home and abroad, as could be at one
and the fame time.

Att. Gen. My Lord Howard, did Mr.
Hambden difcourfe of this matter .''

L. Hoivard. I cinnot fpeak to the dif-
courfe of any one in particular; for 1
cannot fay it was put to the vote as we
formerly exprefied it, but it may be faid we.
were all confenting and concurring.

L. C. J. Did any of you diflent from the
rifing .''

L. Hozvard. No, no, my Lord.

Att. Gen. Did any of you oppofe it at
all?

L. Hcward. No, no, that was difcourfed.
of as a thing refolved.

L. C. J. I an< you this queftion, my Lord
Howard, Was there any fort of complaint^
made of the government, that it v.as un-
eaiy and tliat occafioned you to enter into
thefe debates ?

L. Hozi'iird. There was, I cannot fay a
complaint, becaufe there was no perfon to
complain to ; but it was fpoken of as a
matter of great grievance, that fuch a force
and violence (hould be put upon the city
in their ekdlion of officers, and the ten-
dency of that as to all juries, though I .
cannot diftindly remember the particular
tilings.

L. C. y. You fay you were talking of a
meffenger to be fent into Scotland to my
Lord of Argyle, and others, to chime in
with you in this matter as you fay, pray
did you come to any rLfolution about that,
and what did you refolve upon ?

L. Howard. 1 hat there fhould be one
only at that time. And afterwards it w.is
the matter of the debate at the next meet-
ing, which was that meeting at my Lord
Ruifcl's, which was about this time twelve-
month in Felruary fome time.

Att. Gen. How long after the firft meet-
ing at Mr. Hambden's was that ?

L, Howard

A COLLECTIO

L. Howard. My Lord,- I think it was
about a fortnight.

^IL Gen. Who was there ?

L. Howard. The fame perfons that met
before. But then there was little fpoken of
but the bufinefs of Scotland.

L. C. y. Was Mr. Hambden there at
the fecond meeting ?

L. Howard. He was there.

L. C.J. At my Lord RuiTel's you fay it
was .'

L. Howard. Yes.

Att. Gen. W^hat refolution did you come
to then ?

L. Howard. Then we came to a re-
folution that fomebody fnould be fent, and
we began to difcourfe who was fit, and Co-
lonel Sidney he propounded Aaron Smith,
to fome of the company he was known, to
others not ; but thofe that did know him,
did approve of him as a fit perfon.

Att. Gen. To whofe province was that
committed of fending this perfon into Scot-
land ?

L. Howard. Col. Sidney undertook it
himfelf.

Att. Gen. Did the reft confent to it ?

L. Howard. Yes, nobody did oppofe it,
but left it to him.

L. C. y. Did you name the perfon then
that was to go ?

L. Howard. He v/as not fo named as to
be with any folemnity approved or dif-
proved ; but it was left to Col. Sidney to
manage it, and he naming Smith as a fit
perfon (he told us tliat by the by not to put
it to the queftion for our approbation) and
fome of us knew the perfon, othei-s did not.
1 was one that did know him, and did
think him a very fit man to fend.

L. C. y. Pray, my Lord, who was the
perlon ? Be pleated to tell the jury fo as
they may know it.

L. Houard. Aaron Smith,

Voj.. 1. No. 28.

N OF TRIALS. 6'65-

Juft. J-Vithins. Had you any difcourle
with Col. Sidney, my Lord, afterwards
that he was fciit .'' *

hi. Howard. Yes, my Lord.

L. C. y. Pray give an account of that.

L. Howard. About three or four days
afrer this meeting at my Lord Ruffel's,' I
went to vifit Col. Sidney at his houfe, and
while I was there in the room, he went to
his cabinet, and out of a drawer where
there were five or fix hundred pounds in
gold as I could guefs, he took a good many
pieces, I do not know dircfLly how many ;
but he took out fo many as he faid were
threefcore guineas that he was goino^ to
carry to Aaron Smith, I went not in my
own coach, and therefore went away with
him in his coach, and he fet me down at
Sourhampton-itrtet at my own lodging. I
went no further, but he did, and he told
me afterwards it was conveyed to him, and
that he did go.

L. C. J. How long was that after your
meeting at my Lord Rufl"ers, where you
fay you intrulted Co!. Sidney to fend one
into Scotland ?

L. Howard. I think it may be lefs than
a week, four or five days, that I law him
carry the money. After this i.e faid, he
had given h'ln this money, and was gone:
And when he was difpatched, in a week
after I was making enquiries after him,
and Col. Sidney faid, he had not licard of
him fince he went away ; but about a fort-
night or three weeks Col. Sidney faid \\z
had heard of him, that he was at New-
caftle and ftaid there; but he wondered he
could hear no more of him. I then went
into Elll'X, and when I came back from
thence, he told me, he was coi:e, but I
had never fecn him, not to this day, indeed
I had once appointed a meeting with hini
at Mr. VVetVs chamber-, but fomctbtuo; ori
other happened, we did not meet.

Ail Gen. We

8 G-

666 A COLLECT!

Alt. Gen, Vv'c have done with my Lord I
Howard j if they will aflv him any queftions
ihey may.

L C. "/. They know their tlm.e, when
the King's Attorney has done writh any wit-
nefs, tlien they may examine him it they
pleale. If they will not, call your otiier
witnefTes.

y'ltt. Gen. Will you ask him any quef-
tions ?

Jones. No, no, by advice they are to
adc him nothing.

jitt. Gen. We fliail give your Lordfhip
and the jury an account in the next place,
that we have traced Aaron Smith into Scot-
land. And for that we Ihall call fome
witnefles which indeed we did not produce
before at any trial, becaufe we had not
tlicn difcovered fo much. We fliall bring
you the perfon at wiiok houfe he lay at
Newcartle, and the very meflenger that
was fentwith !iim to conduct him a by-way
into Scotland, Call Sherifie and Bell.

L. C. J. Look ye, gentlemen, you that
are at the bar there, you mull let the jury
(land by themfelves. I fee there are a great
many others intermingled with them, and
you. Gentlemen of the Jury, ifanywhif-
percr talk to you, we expect that you
Ihould teJl us who they are ; for we will
lufFcr no remarks to \yi made but what are
openly made to the court, and the jury, by
the counfel of both lides.

Alt. Gen. Swear Sheriffe and Bell.

[Which was done.

Williams. What is this man's name,
Mr. Attorney ? Friend, what is your
name ?

IVitnefs. My name is Sheriffe.

Ait. Gen. Pray give my Lord and the
jury an account what you know of any
perfon that lay at your houfe fome time
fiv-ce, and whether you have ken him
fince ? My Lord, this gentleman did noi
know Aaron Smith before, and tnercfore I
defire Mr. Atterbury may be called and

TRIALS.

ON OF

I examined again. Mr. Atterbury, do you
know Aaron Smith ?

Atterbury. Yes, I know him very well.

Att. Gen. Had this gentleman a view of
Aaron Smith ?

Atterbury. Yes he had. He was brought
where Aaron Smith was, and this other
perfon was by before him too, and I was
by when they had a view cf him.

Att. Gen. Now pray give an account
what you know of the man you faw .''

Sol. Gen. Where is Aaron Smith ?

Atterbury. He is in the King's- Bench
prifon, and he was brought by Habeas
Corpus to Whitehall before tb.e King, where
thefe two perlons were brought likev/ife,
and there this man Sherifle did own that
Aaron Smith was the man that was at his
houfe •, and the other Bell owned that he
travelled towards Scotland winh. him, and
that he v;as hired to fnew him the wav into
Scotland.

Did Aaron Smith fay

Att. Gen.
thing .?

Atterbury.
thing at all,

Att. Gen.

jnfwer

any

He woiild not
nor fay a word.
Pray give an account, Mr.
Sheriffe, who it was that lay at your houfe,
and when it was, and what he faid was
his bufmefs, and by what .lam.e he
went .' \

Sheriffe. Lideed his bufinefs I did not
know ; but he was at our houfe about the
middle of February, it was thereabouts.

L. C. J. When was it ? What Fe-
bruary .''

Sheriffe. The laft February.

Att. Gen. You fay he was at your houfe
laft February, pray tell the court where
that is ?

Sheriffe. At Newcaftle.

Att. Gen. Do you keep any inn there ?

Sheriffe. Yes.

Att. Gen. What fign ?

Sheriffe. I'he

Eagle.

fig.i

of the Black-fpread
Att. Gen. And

A COLLECTI

Alt. Gen. And what did he do there ?

Sheriffe. He llaid there one night, and
went away, and returned again in twelve
days or thereabouts, and came to my houfe

667

again.

Jtt. Gen. Whither did he go from you ?

Sheriffe. He went fouthward as I fup-
pofc, 1 know no further.

Alt. Gen. But when he firft came to your
houfc, which way went he ?

Shertffe. He went northward towards
Scotland, as hehimfelf faid, and defired to
have one to fhew him the way : And I fent
for this man, and when he came to him he
hired him to go 'with him, and 1 was

by.

L. C. y. When he firft came to your
houfe about the middle of February was
twelvemonth, whither was he bound then,
northward or fouthward ?

Sheriffe. He was going to Scotland, that
is northward.

L. C. J. And you fay, after he came
back again, and lay another night at your
houfe.

Sheriffe. Yes, ten or twelve days after
he did.

L. C. y. And which way went he then ?

Sheriffe. Then he came fouthwards to-
wards London.

L. C. y. Did you take exa6t notice of
the man ?

Sheriffe. Yes, I faw him before his Ma-
jefty and the council.

L. C. y. And upon your oath that fame
man you faw there was the fame man that
lodged at your houfe in February was
twelvemonth ?

Sheriffe. Yes it is.

Att. Gen. What name did he go by at
your houfe ?

Sheriffe. He went under the name of Mr.
Gierke, but what his funame was I can't
tell.

L. C. 7. Had he a fervant with him .-■

ON OF TRIALS.

Sheriffe. He had a man with liim that
ftaid at our houfe durins; the time of his
gomg northward ?

Jtt. Gen. What did he call his name ?

Sheriffe. William Langfton.

An. Gau Did he defire you to furnifli
him with a guide ?

Sheriffe. He told me his fervant did not
know the way, and his horfe was a little
lamifh, and defired me to get a guide for
him. For after he had dined at our houfe
it happened to be a rainy day, and he could
not go further that night, and therefore de-
fired me to get him a man that knew that
country, and I fent for this fame man, and
he hired him •, and he went along with him
next morning, my Lord.

Alt. Gen. Whither was he to go .''

Sheriffe. Truly I did not know ; but he
told me he did not know the way into Scot-
land, and I direded him to a gentleman's
houfe at Jadbrough in the way.

L. C. 7. Is that the road to Scotland ?

Sheriffe. Yes the high road to one part
of Scotland.

/-. C. y. Did he tell you to what part or
place of Scotland he was to go ?

Sbiriffe. He named the weft of Scotland,
I think he named Douglas, but I do not
know what place certainly he defigned
for.

Att. Gen. Then where is Bell ?

Bell. Here.

Att. Gen. Had you a view of this man
they call Aaron Smith ?

Bell. Yes I had.

Att. Gen. Give an account whether you
faw him in the north, and when and
where.

Bell. This man, Mr. Sheriffe, fent for
me. I live at Ncwcaftle, and there I keep
hackney horfes to ferve any grntk^man, or
be a guide to them as there is occahon,
and Mr. Sheriffe 'fent for me, and when I
came, he told me the gendeman wanted a
guide into Scotland. VVc immediately

agreed

668

A COLLECTION of

agreed, it was upon Thurfday night before
that we call Eafrer-Five.

L. C. J. W.hen was it, fay you ?

Bel/. It was the Thurfday before Eafter-
Even, fo they call it with u?, that is,
Shrove Tuefday.

L. C. J. Ay, they call it fo in thofe
places, becaufe 'tis the Even of the Fait of
Afh-Wednefday, the beginning of Lent —
Well, go on.

Bell. We went away on Friday the next
morningon our journey towards Jadbrough,
and the fecond day, which was Saturday in
the afternoon, my horfe tired, whereupon
he left me with my horfe, and took the
man's man of the houfe where he left me,
to guide him, for my horfe would not ride
up with him being tired, and he refolving
to go on, and he bid me follow him on the
Sunday morning to Jadbrough town, wh'ch
I did, and we ftaid there all Sunday. And
on Monday morning I faw him take horfe
and another man that was his guide, and
away they went, as I think, he faid towards
Douglas he was going. And he paid me,
and I returned again from him to New-
caflle and lett him.

L. C. J. Pray how far was this, you fay
you went with liim to Jadbrough, how far
diftant is that from Newcaftle ?

Bel!. To Jadbrough, my Lord .''

L. C. J. Yes.

Bell. 'Tis forty miles, my Lord.

L. C. y. How near Scotland is it ?

Bell. 'Tis within fome fix miles of the
Englifii border.

L. C. J. Did you fee him at any time
after that i"

Bell. I faw him at his coming back
again ; being at Sheritfc's houfe, his wife
asked me, if I would go up and fee the
gentleman that I went with towards Scot-
land : So I went up, and he made me eat
and drink at the table with him.

^li. Gen. Wh;3t name did he go by ?

Bdl. He went by the name of Gierke.

TRIALS.

Was there any fervant with

Alt. Geii.
him i

Bell. There was a man that came with
him as a fervant there, and was all the
time at Newcaftle, that he was gone to-
wards Scotland, till he came back again.

L. C. J. Mr. Attorney, did this man fee
Smith at the time the other faw him ?

Bell. Yes, I did.

L. C. y. And is that the man that went
by the name of Gierke at Newcaftle, and ■
that you went with towards Scotland i"

Bell. Yes, it is.

Atterbury. And when they charged him
with it, Aaron Smith did not deny it.

Att. Gen. Did you go any by-road to
oet into Scotland ?

Bell. No, 'tis the road gentlemen ufually
go to Jadbrough, and fo on ; becaufe 'tis
fomething the nearer way to that part of
Scotland, as we judge it to be, therefore
gentlemen ufe it.

Ail. Gen. Is it an high open road ?'

Be'l. Yes, 'tis the high open way to that-
part of the country.

Alt. Gen. My Lord Howard, pray were,
the names of any of the Scotchmen men-
tioned at your meeting that were to be fent
for?

L-. Howard. Yes ; there was my Lord
Melvin, Sir John Gockram, and one
Campbel.

All. Gen, Now, my Lord, we will give
you an account, that as Smith went into
Scotland, fo thefe perfons foon after came
into England.

ytirytnan. My Lord, we defire that my
Lord Howard would name thofe Scotch-
men that were to come.

L. Howard. There was my Lord Mel-
vin, Sir John Gockram, and one Gamp-
bel, one that was of my Lord Argyle's ,
name and family •, and there vvas another
name, but I can't remember what that
name was.

Ah. Gen. We

A COLLECTIO

/lit. Gen. We fhall give you an account, |
my Lord, that they came immediately
after this to town ; and at the breaking out

the plot they abfconded.

L. C. J. Mr. Attorney, has my Lord
Howard his pardon ?

Att. Gen. Yes, my Lord, he has.

L. C. y. Then your Lordfhip may be
covered.

L. Howard. I can't tell but they may ask
me Ibme queftions.

Alt. Gen. Then you may be uncovered
■when they ask them, in the mean time your
Lordfliip may be covered. Swear Sir An-
drew Fofter. (Which was done.) Pray,
Sir, will you tell my Lord and the Jury
what you know about the Campbels, aftd
Sir John Cockram's being in town .' or any
other Scotchmen that you know of.'

Sir Andrew Fojler, My Lord, I did fee
thofe gentlemen in the beginning of laft
fummer. Sir John Cockram, and Mr.
Monroe, and Campbel the fon, I did fee ;
but the father 1 did not, but I do
know he was in town, though I fkw him
not.

Att. Gen. How do you know it ?

Sir Andrew Fojier. I had meffhges from
them.

L. C. J. Sir Andrew, you fay, you faw
Sir John Cockram, and Monroe.

Sir Andrew Fojler. Yes.

L. C. J. Did you fee any body elfe }

Sir Andrew Fojler. I faw Sir George
Campbel the fon.

Alt- Gen. What became of them upon
the difcovery of the plot .-'

Sir Andreta Fcjhr. Sir John Cockram
did abfcond, and Mr. Monroe was taken
into cuftody.

Att. Gen, What became of the others ?

Sir Andrew Fojler. The Campbels were
both in cuftody ?

Att. Gen. Did you fee any commlfTion
they had ?

Vol. L No. 29.

N OF TRIALS. 669

Sir Andrew Fojler. I tlid fee a commiffion
that Sir John Cockram had.

Att. Gen. What was it for?

S\v Andrew Fujler. To make a purchafe
of fome plantations beyond fea, 1 think it
was Carolina.

L. C. J. Ay, where my Lord Shaftf-
bury had an intereft.

Sir Andrew Fcjler. It was fome of the
Wefl-Indies.

L. Howard. I did omit that paflage, my
Lord-

Att. Gen. Pray, was it difcourfed then,
what fhould be the blind for thefe gentle-
men that were notorious diflenters, tliat
they fhould come to town from Scotland
about ?

L. Howard. It was to carry on a plan-
tation in Carolina. The Scotch gentlemen
were perfonaily known to my Lord RufTcl
only ; and my Lord Ruflel was to write the
letter to them, and, I fuppofe, did.

Att. Gen. Mr. Atterbury, what do you
know of thefe Scotchmen coming to town,
and what became of them afterwards ?

Atterbury. My Lord, about the begin-
ning of July, 4th, 5th, or 6th, or there-
abouts, I had fome information, that there
were fome Scotch gentlemen that had been
fliilting up and down, and at that time
were about Black-Friars, lodged there fe-
cretly. I immediately went wirh the King's
proclamation, and fome warrants that I had
to apprehend fome traitors that were fled :
And when I came, I found that Mr. Com-
mon Serjeant having notice of them, had
beat up their quarters, and they were en-
deavouring to efcape by water ; but
they were catched. There was Sir Hugh
Campbel, and Bayley, and Sir George
Campbel, and f)me others, I knovv not the
names of them, all -, truly I can't tell whe-
ther Monroe was not another, but Sir
Hugh Campbel I had in my cultody, and ■,
Bayley vas immediately committed to the ■
Gate-houfe ; and the reft of the gentlemen
b li I afterwards

6-0 A COLLECTION of TRIALS.

I afterwards took in a cunning hole by tturband difquiet the King's peace, and to
Moor-ficlds, in a back houfe. An-d when ftir kdition, and to bring tlie government
I came there, I found them lying on the ! into danger, did confpire, &c. As to this

bed in tlic middleof theday ; and liad them
prifoners in my cuflody two or three

matter, gentlemen, there is no manner of
proof of what the indidment charges, as to

months •, and then they were all fent out of the difpofuion of the perfcn accufcd -, n'or
my hands into Scotland prifoners. Six of that he had any other defign, than what my

them there were, my Lord, that 1 faw.

y!n. Gen. We have done, my Lord, only
we defire that a word of a record may be
read.

What record is it Sir?

Of Colonel Sidney's attain-

IViUiams.

Att. Gen.
d.r.

IVtlltarns. My Lord, wefliull defire your
judgment, whether that record ought to be
read againll Mr. Hambden ; I perceive by
Mr. .Tttornev, that it is a record of the

Lord Howard hath now fworn. Then it
fjysfurther, that Mr. LLimbden did con-
fult and confpire with divers perfons to exe-
cute iliefe" j-urpofes ; and particularly fur
the making and raifmg of an infurreftion in
the kingdom. This is laid as the particular
faft : And for tl.is purpofe he did further
coni'pire with ieveral perfons, to provide
arms and armed men : And for their ful-
filling of this, he did further confult with
feveral perfons, thatlome perlons Ihould be

ronvidion of Mr. Sidney, which ought not I fent into Scotland, to llir up the King's

to be iiiven in evidence againit Mr. Hamb-
den upon this indictment.

/hi. Gen. We make ufe of it, to fliew
liow upon former trials, upon this evi-
dence, verdirts have gone.

JViiliams. We are in your judgment, my
Lord, if by law it may be given in evi-
dence againft Mr. Hambden, who is neither
party nor privy to it, nor indifted for the
lame off''.- nee.

Ait, Gen. Let it alone then.

fubjeds in Scotland to a concurrence and
conjunction with fome people in England,
about this his evil defign. How far this
indidlment is proved upon the defendant,
gentlemen, is the queftion before you. He
has pleaded not guilty, and hopes to fatisfy
you he is not. Gentlemen, as to what evi-
dence has been giv.n you lb far as it is po-
fitive and affirmative, I mean the telUmony
1 of my Lord tloward, in that part, it is in>
pofiible for us that are of counfel for the

L. C. J. W'ell, Mr. Attorney does not i defendant diredlly to contradift him with
prcfs it. What fay you to it, gentlemen, proof, or to give a diredf pofitive proof in
for the defendant .? 1 anfwer to it : 1 fay, it is imponible for us

[Villiams. May it pleafe your Lordfhip, to contradict him, who gives luch a pofitive
and you gentlen-ien of the jury, I am of evidence of fad. By tiie evidence of my
counlel for Mr. Hambden the defendant Lord Howard he tells us there were fix
•upon this indidmcnt here before you. perfons in this council, as he pleafed to call

This indidment is a fevere indidment : It
is a very high crime of whi( h my client is
accufed. How far the evidence tends to
reach it, you have heard •, and 1 Ihall, with
the patience of the court, particularly ob-
ferve it to you. But I fiiall firtl Ipeak to
ihe indictment itlelf: It lays, that Mr.
Llambden being a perfon of a turbulent
dilpofition, and kditioufiy intending to dif-

them. By his evidence, three of the fix
are dead, my Lord RulTcl, Colonel Sidney,
and the Earl of Eflex ; he himfelf is the
fourth, the defendant is the fifth, who can-
not give evidence for himfell -, and the Duke
of Monmouth who is the fixth, being away,
there is not any perfon in being, that fliouid
contradid my Lord Howard's afHrmative
in this part of his evidence but the Duke of
Monmouth : Wiiom we cannot have here,

fince

A COLLECTIO

fincelt appears by the evidence, Mr. At- |
torney General could not prevail to have I
liim at this trial j therefore proof of that
nature cannot be reafonably expeflcd from
my client to acquit liiniklf by a pofuive
contradi(5lion of what my Lord Howard
has fworn. Then in this cafe we muft, as
in all cafes where a pcrfon does fwear di-
reftly againft a defendant, endt-avour to fa-
tisfy and perfuade your Lorillhip and the
jury, upon circumftances arifing out of this
faft, and further circumllances attending
the fa6t, and by probable arguments and
reafonable induftions out of the evidence,
that this gentleman, the defendant, is not
guilty of what he is charged with.

In the firil place, we fliall obferve upon
the teltimony of my Lord Howard, that as
to fome things he is very pofitive and par-
ticular : He has an incomparable memory,
and fpeaks particularly to perfons, particu-
larly to places, particularly to times. But,
gentlemen, as to that which is the principal
part of his evidence, and which mollaffecls
the defendant, and wherein it concerns us
lo contradict or difprove him, he is wanting
as to that circumftance of time. Lie that
is fo exact in his memory as to other cir-
cumftances, is not pofitive, nor any thing
like pofitive, as to the times of the meeting.
For they would imagine, that the firlt
meeting the defendant was concerned in,
was at his own houfe. He defcribes the
houfe and the place very exattiy, but as for
the time, he only fays it was about the
middle of January : He carries other things
in his memory pofitively, and v/hether it
might not be expedted in a cafe fo remark-
able as this, and which fo nearly and highly
concerned himfelf, that he lliould be as
particular in the time, as he is in other
things, you may rationally judge. His
Lordlliip lometimcs is very particular as
to time : He tells vou in his relation about
my Lord Shaftsbury, that his going to him
was on the Saturday after Michaelmas-day,
and then he purlues it to the fecond and

N OF T R I A L S. (^,7,

third of October. He is pofitive to many
feveral days ; upon which I would obferve,
that he being particular to a day, as to other
things, may well be expected to be ready
(it it be true) to be as particular as to the
time of this meeting ; but therein he is to
feek ; he is doubtful as to that. And you
mud give us leave, gentlemen, to make this
obfervation, that fince he will not be par-
ticular to that time, wedoapprehend thathe
gives himfelf a little loole, that we may nor
meet with him to contradidt him in ' that
circumftance : For if he Ihould be pofitive
therein, as he is in the other matters that
concern not the defendant, we might per-
haps by clear pregnant circumftances con-
tradidt, if not difprove his Lordfirp, that
it is not probable (if pofiible) it fhould be
true what he affirms. But, gentlemen, we
muft anl'wer it as well as we can -, and fince
he is fo cautious, we muft meet him bv ar-
guments in another way. Another thino-
we fliould obferve upon my Lord's evi-
dence, is this ; that my Lord, though he be
particular as to many fads and things re-
lating to my Lord Shafcsbury, where he
names other particular perfons, I think
Colonel Rumfey and Walcot, and names
the particular difcourfes, particularly in-
ftancing in them, between him and my L.
of Shaftsbury, between him and Walcot,
and between him and other perfons ; yet
he has not made ufe of any one circum-
ftance of fadt in this cafe of the defenuaiit's
now before you, that does juftify vhat he
has faid, fave only that of Aaron Smith ;
not any one circumftance of fadt. So that
there is no more than the bare faying of
what my Lord Howard is pleaf-d to deli-
ver no more than his oath, nay, no more
than his obfervation, and inference of much
of what paffed in the company of feveral
perlons, without any concurring circum-
Itances in fact to juftify or confirm his t. f-
timony. It might hav^ been an eafy mat-
ter, if all that my Lord Howard fays was
true, that there wasfuch a meeting at Mr.

Hamb-

672 ACOLLECTI

Hambden's hoiife by fuch and fuch per-
ibns, to prove that fuch perfons, or fome of
them met there. But that there fhould be
no perfon to prove, that tliefe gentlemen, or
any of them, were there ; nor any other
fail or circumftance in the world, to go
along with my Lord Howard tojuftify his
adeveration, is very wonderful, and may
well make it doubtful that it fhould not be
true : And the rather, gentlemen, (if it be
true, as my Lord Howard would have it)
becaufe there was a fecond meeting of all
thefe perfons at my Lord Ruffel's, which
was fa public and open a place, and yet no
man to concur or go along with my Lord
Lloward in any one thing •, no particular
fadl affigncd tojuilify his teftimony as to
this meeting, is ftrange, if it be true.

So then, gentlemen, there is no more than
what my Lord Howard has fvvorn, without
any one circumftance to back it, to prove
the defendant guilty. My Lord, taking
this upon the main of my Lord Howard's
evidence, it will be pretty hard too upon the
nature of the faft, that he is pleafed to
prove againft this gentleman, to make an
anfwer to it ; and truly, I think as hard for
you to believe it. Gentlemen, he vsould
imagine, that there fhould be men raifed,
men armed, a difcourfe of money, and this
done, as he would have it, about the middle
of January; and yet nothing at all done,
though there appears no manner of difco-
very of this very evil contrivance, till about
July. Neither is there any thing done in
order to the raifing of men, the arming of
men, or the levying of money all this while.
So that there is no one fadi of any kind
whatfoever, that goes along with what my
Lord Howard has laid.

My Lord, and gentlemen, another thing
we would defire toobferve, is this, and here
we fliall begin with what we have to fay,
a* to our own arguhients and circumftances,
tliat we have to take off from the tei^imony
of my Lord Howard in this cafe : In the
j^rlt place, it appears by the evidence of my

ON OF TRIALS.

Lord Lloward, that he was very deep in a
confpiracy againft the governm.ent, and to
make a difturbance in the kingdom long

_ DO

before this, that he now fpeaks of againft
the defendant, that is plain enough ; for
he tells you, that my Lord Shaftsbury and
he at Michaelmas, were contriving of pro-
jects to overturn the government, and raife
a rebellion. It appears plainly by his evi-
dence, that my Lord Shaftsbury, when he
left his houfe, was refolved upon it, and
my Lord Howard was very folicitous to
carry on the fame defign ; nay, he was fo
aftive in it, that he tells you, that he did
create meflages between my Lord of Shafts-
bury, and the Duke of Monmouth, and
would needs go by afalfe infinuation of his
own, to draw in the Duke of Mon-
mouth, by telling his Grace, his information
he had from Walcot, andnotfaying he came
from my L Shaftsbury, with whom he fays
he had been dilbourfing ; but he would put
it under fome fort of difguife, the better to
prevail. So that it appears my Lord was
very criminal and guilty in this cafe. Why
then, gentlemen, my Lord being fo high-
ly criminal, and there being a difcovcry
of this confpiracy by Keeling, and Kumfey,
and Weft, having made a more manifeft
difcovery, and this happening in July, then
it was high time my Lord Howard might
conceive for him to fecure himfelf, and fave
one, he being thus guilty, as he declares j
it is but reafonable to conjedure, he then
began to place his fecurity in a pardon ;
and that there were no other means to fave
his life, and that the way to ft, muft be by
fome further difcovery of -a confpiracy
againft his Majefty and the government ;
and having fince obtained a pardon, it is
agreeable, that whatfoever my Lord How-
ard has done in this cale, he has done for
his own fake, to purchafe his own pardon
for a treafon he was fo deep in, and to
out-do all the v/itnefies tirat went before
him, by frelli teftimony againft the defen-
dant and Others ; this might incline hini

A COLLECTION of TRIALS. 677

to go an incTi or two, or more, beyond the [ mi'!;ht anfwer his end -, and this will arife
dil'covery of Keeling, Welt, and lUnnley -, naturally, I fuppofe, out of what has hap-
ro have but faid the flunc thing that was pcned in this cafe : For it leems, though
proved by three or four witnellcs before j it was fornething long before he cot his par-
him, might not perhaps have availed him ; I don, now he has it. My Lord, another

m.iy not the indifferent believe it in this
cafe, to be the interefl: and fecurity of my
Lord Howard, by thefe means to merit his
pardon ? May it not be believable, that
what he hath laid, he hath faid only for his
own fake, and that he has, by expofing
this gentleman, and the blood of other-%
procured himfelf a pardon ?

L. C. J. What do you mean by that,
Mr. Williams ?

thing is this, how far my Lord Howard will
be credited in this matter, we fliall leave
his credit to you, gentlemen, upon what we
fliall prove. For we fliall make it out by
perfons of great honour, and perfons of
great integrity, that upon difcourfe concern-
ing this confpiraey, my Lord Howard did
declare, that he knew of no perfons that
were guilty of having any hand in it; he
declared it upon his honour, he declared

IVilliams. By being a vvitnefs againft the it upon his religion, and he ufed all the af-
defendanc and others, he has procured his feverations that were poflible for a man to
own pardon. oifer, to make himfelf believed.

L. C. y. That is a little harfh expref- ' My Lord, it may be objeded, as it has
fion been fometimes, that that was to out-lace

IVilliams. My Lord, I explain myfelf ; the confpiracy, and fo ilop the profecution
thus j of that he knew himfelf to be fo guilty of:

L. C. J. It is an harfli v/ord, and too But however, thus far we may make ufe
roundly exprefled -, you had need to ex- , of it for the defendant, that if my Lord
plain yourfelf ; it is a little too rank, as | Howard, v/ould in the face of heaven, pawn
tiiough the King's pardon were to be pro- his honour, iiis truif, his confcience, and liis
cured by blood. religion, to aflert that whicli was not ti ue,

IVHliams. My Lord, I intend nothing of and under all thufe vows and ingagemcnts
hardfliip, or am.ifs, but to fpeak according affirm an untruth ; a man that would deal
to my inftructions, and to make the beffob- fo, and fpeak an untruih with that folem-
fcrvacions I can, out of the evidence for my nity, I think is not a perfon of the fame
client ; I v,'ill exprefs myfelf as well as 1 credit, as a perfon of certain known truth
can, that my Lord Howard being a witncfs and veracity. For if a man will fay 0.1c
againft men in a cafe of this high nature ; thing one time, and that v.'ith folemn vows
and there being other witnefles before, and ; and afleverations, and fwear another thin^^

befides himfelf, to the difcovery of the late
confpiracy againft the government, it con-
cerned him to give an home evidence in
the cafe, or elfe he could not have any ex-
pcftation of his pardon •, for if he had done
no more than what other.-, had done bttore
him, when there were three witnefles befides,
and they had got the ftart in rhe dilcovery.

the quite contrarv another time, he docs
not ftand fo fair for credit, I think, as he
that always maintains and avows the truth.
So far we may make ufe of it very lafcly,
I think, as to my Lord's credit.

My Lord, another matter that we liavc
to urge, is That flncethe trial of my Lord
Rulfcl, and fince the trial of Co'onel kid-
ney, uiy Lord Howard has in difcouiie

his difcovery had been made in vain ; ami

therefore he was concerned perhaps to tlrain ' owned, that my Lord IvuiaI died inno-

ihat he might make fuch a dilcovery as cent, if that be true, it wiil jiavc a jrirat

Vol. I. No. 29. . ;, 1 wc:ghc

A COLLECTION of TRIALS.

67S

wdglu Uire wich you, gentlemen, to dil-
Credit my iLord's teftimony : For then he
hatii contradicted what he hath iworn.
For if my Lord Iwore, that my Lord Ruf-
fel was. E^uiity, as all the world knows he
did ; and afterwards fobcrly, and publicly,
fhall have laid he died innocent, he has
contradifted his own evidence, and his
own oath -, and fure is not to be believed
05 to what he fwears now againft the de-
fendant. My Lord, it did not reft there -,
but fince the trial of Colonel Sidney, it
will be provetl by witneflcs, that my Lord
Howard did declare, tiiat Colonel Sidney
Jiad hard mcafure. This will be proved
by witneflcs-, and it is rather to be pre-
fumed, he meant hard meafure as to his
own tertimony, which he was beft know-
ing of, than of any thing elfe as to his
trial. Now, how this perfon of great ho-
nour can folve this, and how it can fband
with his oath, and his honour; I will leave
it to you, gentlemen, to judge of it. My
Lord, I have another matter to hy, that
with me feems to have very great weiglit :
My Lord Lloward upon fome occafions
has faid, being in difcourfe with a very
great intimate of his, and the man being
fpeaking of the world to come, fpenking
of eternity, fpeaking of the immortality of
the fouj, fpeaking of the rewards and
punilhiTsents cf another life ; my Lord
Howard fhould fay to him, " How long
v;ilt thou perfiil in this folly ^ How long
wilt thou be fo foolifhly prevailed upon,
ss to believe the world was ever made, or
will ever have an end .'"' My Lord, if a
ptrfon be ot that opinion, and a man's

My Lord, we have another faying or
my Lord Howard's, which we fhall give
you an account of in the proofs, and that
was in relation to his pardon, being free
in difcourfe, as my Lord is a may very
liberal that v/ay ■, and his friend enquiring
whether he had his pardon : " No, fays
he ; nor I cannot have it till the drudgery
of fwearing be over." Truly, it is a very
odd thing, that a man ihould call that
drudgery, that is his duty. To teftify the
truth is as much the duty of every honeft
man. as any thing elfe. Men have died-
tor the truth, and we look upon thofe as
martyrs, and the beft of martyrs that die
for the truth. Now, that this noble Lord,
or that any man (lioul.l call this a drud-
gery, which is fo manifeil a duty, by
giving a true teftimony to preferve the
King's life, and fjpport the government
againfb the contrivance, and conipiracies
of evil men, is but an odd infinuation ;
and truly I think is rather to be taken in
this frnfe, as to my Lord, that he did ftrain
a little to make his difcovery the more
profitable to him -, and fo did lay more (fo
far 1 may fafely go) than any one elfe did
fay. And, my Lord, this is that that I
would obferve upon the firfi; part of the
evidence.

As for that part that concerns Aaron
Smith, the evidence given by Sheriffe and
Bell, I fubmit that to your Lordfhip,
how fir that can any way affed: Mr. Harab-
den the defendant. It is introduced to
fortify the teftimony of my Lord Howard,
and it is introduced by himfelf thus : That
at their meeting at Mr. Hambden's houfe,-
judgment in fuch things will difcover itfelf I there was a difcourfe of fome affiltance to

in his words •, hovit far the teftimony of a
man of that perfuafion fhall influence a
jury when he ftands finglc, when there is
no fact tojuftily him, in point of probable
■ circumftance, will be eafily obfervable,
and I muft leave it to the gentlemen of the
jury to conudcr..

be had from Scotland ; but, fays he, at
[he fecond meeting at my Lord RulTel's,
then it came to a further difcourfe, and
Colonel Sidney did undertake to name a
perfon to fend thither -, and a perfon was
named; he does not fty Mr. Hambden
was concerned in it, or that Mr, Hamb-
den

A COLLECTIO

den named the man, or any thing particu-
lar as to Mr. Hambden, more than that
he was in the company. Mr. Hambden
had no hand in tlie undertaking, or fending
him into Scotland ; that was altogether the
part of Mr. Sidney -, fave this, that he fays
my Lord Ruficl writ the letter that was
to go by him. It does not appear Mr.
Hambden was at all concerned in it, but
only was there.

L. C. J. And confented to it.

Mr. IVilliams. I would not ftrain any
thingj my Lord, further than the evidence
is.

L. C. y. Nor do not mifrepea: it nei-
ther.

IFilliams, I defign not any fuch thing,
my Lord.

L. C. y. But you do though •, for he
fwears it, every one of them confented.

mlliamj. By (ilence it mult be then.
For he docs not fay, that he faid any thing.
Fie fwears only Colonel Sidney undertook
to manage it, to lend a perlon •, and my
Lord Kuirei to write the letter.

L. C. y. And all ti.c reft confented to
it.

Williams. What is meant by confent,
when nothing was faid, I muft leave to
the jury. I muft agree, the Loi-d Howard
did fwcar, that my client was in their
company, but how far he did, or did not
confent, does not at all appear ; and how
far this will charge my client, I muft leave
to you, gentlemen, but the proof as to
this matter ftands thus ; that Aaron Smith
was at Newcaftle in February laft, that he
went publicly. Now, my Lord Howard
fays, that lie went to agitate a confede-
racy between the malecontents of Scot-
land, and thofe in England. Now it is
ftrange, that a man that v;as to agitate
luch a concern, ihould go publicly with
a fervant to Newcaftle ; io publicly as
to be known again; and of his own ac-
cord tell them he was going to fuch h

J OF TRIALS,
place in Scotland. And b

7 9-

it fo in f.ifv,
will any man apply this to any thing t!iac
was done before (as my Lord Howard
fays, about a confukation to join in rebel-
lion ?) Will any man think that he fhould
talk at that kind of rate, if that v/ere his
employment, aad tell whither he was
going ? But I rely upon this in point of
evidence. It is not proved yet, that Aaron
Smith was in Scotland. That he came
within fi.x miles of the borders of Scotland,
is proved ; but it is not proved he was
in Scotland, or did agitate any confpiracy
there; or did any thing more than go
witliin fix- miles of tlie borders of Scot-
iland. Hut then they would prefs it fur-
' ther, and they lay, that there were fome.
[Scotch gentlemen, that in the fummer
came here into England, and that they
I hid themfelves, v/hcn t'le plot was dii-
i covered. It does not appear that my
I client had any converfation with thele
I Scotch gentlemen, or any of them, or
■was ever in their company. It is a vcrv
I remote inference to bring any thing of
ithis to afted my client in th;s high
: charge.

I My Lord, wclhail add one thing more

I to difprove that part of the indiftment,

. that lays the imputation of turbulency an.l

jfeditionto the charge of Mr, Flambden -,

jand which alfov/ill (hew the improbability:

I of his being concerned in any thing of

[ this nature. We fliall prove Inm to be a

] perfon of a fober converfation,' of a retired

life and ftuaious difpofition ; and as an

i evidence for the defendant, we Ihall prove

that he, in Oiftober xoiJo, left England.

I for his healtii-fake, and went into F'rance

' for the recovery of his health. Fle con-

j tinned there till about M;ch:;ehnas was

I twelve month, then he returned. It is •

; true he continued in England from Mi-

cliaelmas to the time they fpealc of ; but

we iliall make it plain, that in Fei^ruary,

my client,, and my Lord Moatague hud-

'a.liuitcd.

6Po

A COLLECTION ot TRIALS.

adjufted mr.tters betvveea themfclves, to
go the beginning of iunnmei- again into
P'rance, there to continue and abide fonie
time for their healths. Merc is a ilrange
kind of imagination, that this contrivance
bctv/cen my Lord Howard and my Lord
Shaftfoury, that was going on before this
tliis time, and that was difappointcd, and
nny Lord Shaftsbury went away, and af-
terwards died in Holland, was taken up
by my client, and thofe other peribns when
my client, as wc Ikall prove, never intended
to ftay in England. My Lord, he was a
parliament- man in both t!ie laft parlia-
.ments, but appeared in neither of them,
being all the while in France for the re-
covery of his health. We fliall prove him
.to be one fiudioully inclined, that he lived
a retired life, and kept very little or no
company ; and you will hear from perfons
of very great honour and quality, what he
is, as to his perfon, and as to his opinion;
atid then we (liall fubmit it to you gentle-
men of the jury, whether you can believe
lijm guilty of this he is criiarged with,
which is your iflue. You are to try,
whether he be guilty, or not guilty of the
crime charged in the ihdiftmcnt.

JVciV.cp. My Lord, and Gentlemen of
the Jury, I delire to make one obfervation,
before we call our witnelles.

L. C. J. Pray do not take up our time
altogether in fpeeches, but go on to your
.evidence.

JVallop. I dcfire to obfcrve but one
■thing, my Lord.

L. C. J. Make your obfervations at
lafi:, but fpend notour time in fpeeches.
.1 know you will expeit to be heard at laft,
.and fo you fhall whatever you will fay.

mlliams. Call the Earl of Anglefey,
tUc Lord of Clare, and Lord Paget. Mr.
IXicas (who appearing was Iworn.) Now
we have him liere we mull begin with
him, my Lord. Mr. Ducas, pray what
jdiJ you hear my Lord tlowaru lay at any

time concerning this confpiracy, and who
were concerned in it, and who were not .''

Mr. Ducas. My Lord Howard came
once to the houfe of Colonel Sidney, I be-
lieve it was about eight days after the im-
prifonment of Colonel Sidney, and when
he was in the iioufe, I alked him what is
the matter, my Lord ? He did anfwer
me, he was told there was a plot a^rainft
the King and the Duke, and one general
infurreftion to be made, and that Colonel
Sidney lent a man into Scotlard» to which
thing my Lord Howard fwafe, laying his
hand on his breaft, fav ing, " God knows
all things, and God knovvy I know nothino-
of that; and I am fure if Colonel Sidney
had known any thing, he would tell me;"
and I faid, " What is the matter, my
Lord .? Are you afraid .?" And he made
anfwer to me, " No honefl: man is fafe in
his own houfe, I pray you lend me a bed
to lie in." And he afl<ed me about the
goods of Colonel Sidney, becaufe of the
plot and fuch things, and he defired to
have them removed to his houfe ; and he
faid, rather than go to the tower he would-
Co any th'ng.

li'itliams. Speak again to the Jury that
did not hear you, what faid my Lord How-
ard to you ?

Ducas. He faid, rather than to be a
prifontr again he would do any thing.

J^'illianjs. Who to be a prifoner again }

Ducas. My Lord Howard.

yltt. Gen. What things were fpoken of?

Ducas. He faid he would do any thing.

I'^iUiams. W-'ere you fpeaking of the
confpiracy ? Of the plot ?

Ducas. He fpake of the plot, and faid
he knew nothing of it.

IVtUiams. What did he fay. Sir .?

Fncas. He faid to me, and fwore, he
knew nothing of it, and called Cjod to
witneff.

IViliiams. Pray did lie then fiy he would
do any thing rather than go to the i owcr,

wlien

A COLLECTION o ^ TRIALS.

6Si

when you were talking of the plot and con-
I'piracy ?

Duces. Yes, he would do any thing
rather than be a prifoner again.

Ait. Gen. Pray what did he lay ?

Ducas. He railed up his hands on high,
and faid, he knew nothing of the plot, or
of the infurreftion, or that Colonel Sidney
Jiad fent any man into Scotland.

IVitliams. When was this ?

Ducas. I believe it was eight or nine
days after the imprifonment of Colonel
Sidney.

• Alt. Gen. What day of the month, and
what month was it ?

Ducas. He was imprifoned about the end
of June.

L.. Howard. My Lord, it would be ne-
ceflTary that I fhould make an anfwer to this,
and I know not whether I fhould make a
particular anfwer to every one •, for here is
a whole fet of witnefles, I fee.

L. C. J. No, let them alone. You
muft not interrupt them, they rnuTt go on
with their evidence ; and when 'tis a fit
time for you to anfwer them, the counfel
for the King will call you.

P^illiams. Pray fwear Mr. Howard (which
was done.) Pray, Sir, will you pleafe to
acquaint my Lord and the jury what you
know, of what my Lord Lloward has faid
of the plot, and who were concerned
in it i^

Mr. Howard. My Lord, what I have
•^faid is in the paper of Mr. Sidney's trial,
and truly I can fay no more than what I
laid there.

IVilliams. Pray fpeak our, Sir, and tell it
again to this jury.

Howard. I was told I fpake it very loud
then.

L. C. J. Pray, Sir, fpeak as you pleafe,
we don't diredl you in what key you fliall
fpeak. Speak in what key you will.

Vol. I. No. 29.

Howard. Then if you will have trt fpeak
it, I will fpeak it as loud again. My Lord,
is Mr, Hambden here ?

L. C. 7. Yes, there he is.

Howard. In the firft place I do not know
Mr. Hambden, my Lord, I cannot pro-
mife to fpeak the very words that I fpake
the lafl: time, I cannot make them fo fie ai
one tally fits another.

Att. Gen. Conlider, Sir, you were not
fworn then, you are fworn now, that is the
difference, and therefore pray confider of ir,

Howard. My Lord, as near as I can, I
will repeat the fame words again, I had
little acquaintance v;ith my Lord Howard ;
but meeting him often at my brother's
houfe (and beino- he was ex:raordinarv
pleafant company, I inull needs fay tlut lie
was fo, and a man of great wit; and I
coming from Whitehall, he allced me what
news of the plot ? I told him there were
fome people that were in the proclamation,
or would be, and I named their names.
S.iys he, I know none of them except
Rumbald, I think ; and by chance I met
him pafiing through the Old-Exchange,
and he faluted me very kindly. After this
my Lord Ruficl was taken, and when rny
Lord Howard heard that, fays he, then we
are all undone. And 1 very much fear it is
a (ham plot, fmce they have feized ufion
my Lord, and I doubt lie is a lofh v\i^n.
After that, I think, as near as I can re-
member The next thing was this

If you look upon the book, you will I'fc
what I faid there.

L. C. J. We are not to look upon the
book, man. You muft give your evidence
yourfelf Mr. Howard, 1 hope you do not
fwear by book ? Let the truth come out in
God's name, v/hatever it be.

If'iHiiims. Ay, my Lord, we dtfire to
have truth come our.

I . C. J. Ay, whaiier it be of one fide
or the other, God forbid but truth fhould
be fpok' n. Mr. Howard, go on.

8 K Hoii-ard. Then,

aa A C O L L E C T I O

Ufiward. Then, my Lord, Colonel Sid-
ney, v^as taken, and fays my Lord, I am
extremely troubled for Colonel Sidney, for
he is my very good friend ; faid J, Why
are not you concerned for my Lord Kuflcl ?
He is of your blood, fays he, he is a man
without exceptions. There is no man ot
fuch honour as he, but I am conccrnetl for
Colonel Sidney, as that particular man that
has obliged me above all the world, but I
never heard my Lord Howard name Mr.
Hambden in all my life.

L. Ilcijo^rd. I'll give you a reafon for
it, my Lord, if you pleafe, whv I faid
fo.

L. C. J. My Lord, this is evidence for
tl.e defendant. If the King's counfel will
oil you iifcerwards to make anfwcr to any
of thcfe things, then is your time to fpeak.
We will not let them interrupt you when
you come to fpeak, nor mufl; you interrupt
tliem now. We are bound to hear both
iides, and fo by the grace of God we will
do.

L Ho-juard. My Lord, I defire both he
sad his brother may Hay in court, for I
have fomething to fay to them.

IVilliams. Pray what did you hear my
Lord Howard fay concerning the plot ?

Mr. Ho-ji'ard. He did deny it pofitively,
and laid, they aded nothing but what was
ieg.;], and he faid it five hundred times
over.

J'/illiams. Did he deny it .''

Howard. Yes, he did.

/.. C. 7- i^*-'^ when he faid they aifled
nathmg but legally, what did he mean ?
Was this plot legal .'

Hci!:ard. I had former difcourfes with
my Lord IIow.ard at other times, and I
afktd him; my Lord, what tends all this
to ? Your going up into the city, and
niakiiig thefe meetings ? Siys he, we in-
tend nothuig but what is legdl. There is
KOt one man in the company that I know
-uf, liutads any thing clfc.

N OF TRIALS.

IVillicms. What v/as my Lord's opiniorv
of the plot in June or July, or Augull ?

Hoivard. He faid he knew nothing of ir,
nor could he believe there was any iuch-
thing. When thofe perfons were named
that were to kill the King, " Lord bieii
me (faid he), can theie be luch a thing ia
nature, that any men fliould be lo wicked,
but tliat there is one man of honour or
edate, or confcience, that ever had any
fuch thought, it can never into my head, I
can never believe it."

IVtUiams. When was this .''

Howard. When Rumbald and thofe
other people were put iuo the prxU-
mation.

Alt. Gen. Mr. Howard, then I will asL
you your opinion, whether, in your judg-
ment, every man that was in the plot could
not have laid fo .much ?.

Harvard. I fuppofe every man in the plot
would have defended himfelf as well as he
could, but I cannot tell what wav.

Mr. Tkompfon. Sir, did he barely afHrn^
ir, or with afH-verations and imprecations?

IIoiDard. My Lord was not put upon his
oath before me.

ylu. Gen. Mr. Howard, don't you be-
lieve a great many that were concerned in
this plot would deny it ?

Howard. I am to give my opinion only
for myfelf, not for other people.

/.. C. J. Have you done with him .-'

jyHliaxns. Yes, my Lord..

L. C. y. Then go over. Sir.

Howard. My Lord, I am troubled with.
fumes, and cannot well endure a crowd,
therefore 1 defire I may have leave to be

oonc.

L. C. J. You may go, if you pleafe.

fi^iliiams. Call Mr. Ldward Howard..
(But he did not appear.) Then. Iw ear my
Lord of Clare and my Lord Paget.
[Which was done.

L. C. J. Well, what do you an< my
Lord of Clare ?

fFiUiams. My

A COLLECTION of TRIALS.

69-

IFiViams. My Lord of Clare, will your obligation to do, and fecned to bemoan his-

Lordfhip pleafe to acquaint the court and
the jury, what you heard my Lord Howaid
lay concerning the late conlpiracy P

E. of Clare. My Lord, fonie indifpofition
I have had of late, together with the great
rigour of the ieafon, has confined me to my
houfe thefe fix week?, fo that I lliould not
come here but upon this fummons of a
fubpoina, which 1 thought I ought not to
refufe. 1 fuppofe I need not repeat much
of w.hat was la'd at Col. Sidney's trial.

L, C. J. My Lord, you muft give what
evidence you have to give now.

Jrilliams. My Lord, the gentlemen of
this jury have not heard it,, therefore you
mull: fay it all over again to them.

E. cf Clare. Some time after Mr. Sidney
was taken, my Lord Howard came to f;re
me, and complaining of the times, faid,
that all things were very fad and dangerous,
and if ever he was queftioned ngain,' he
v/ould not plead, but defire them only to
count nofes, for t^e quickeft difpatch he
thought was belt : I roplied, fure his Lwd-
fliip was in ieft. He f.iid, no, he was in

mistortuney ; whicli
reafon to believe he

i laid 1 f.:d then
was real in, for I

believe never any man was more cngaoeii
to another than he to Colonel Sidney. T
told him there was a difcourle of lome
writings of Mr. Sidney's that v.ere taken-,
he liaid he was confident they could make
nothing of any writing of his ; I told himj
I fuppofed he meant, legally they could
not do it. This was the mod he faid •, as
to Mr. Hambden, he mentioned nothing
that I know of.

Williams. Did he feem to declare cr;y
opinion about the plot or confpiracy in ge-
neral, that there was any fuch thing or
not ?

E. of Clare. I do not remember it.

Atl. Gen. My Lord of Clare, did you
never hear my Lord Howard before this
complain of the government that it v.'.as-
amifs, and was to be reflified .''

E, cf Clare. Yes, he often did complain.
Every body knows my Loid"s way of dil-
eourfe.

L. Howard. Pray will y. u afk him, if

earntft, for he was confident if he came to j my Lord of Clare ufed lo fall out with me

trial, they would have his life, let him
appear never fo innocent. I faid, 1 hoped
not f', it was only hi? Lordfhip's fear, and
becanfe of that, f thought it might be pre-
fumed he would venture much, rather than
■be tried. And difcourfing ot the late f'ri-
matc of Armagh's prophecy \ he faid, for
his part, he thought the pertlcution was
already begun, and he did believe it v/ouki
be very fharp, but • withal, he hoped it
would be but {l:orr ; zw.X then he be-
gan to vvifli himftlf beyond fta till the
troubles were over ; and in compliance
with his Lordfhip 1 did w;(h fo too. But
35 to Sidney, he did with great affeverations
very much allert his innocency. He faid,
he thought he was not guilty of any of the
things laid to his charge •, and fpake with*
b.-'gc encomiums in his praile, as he had

upon thofe riifcourles.

E. Gj Clare. My Lord v/as always good
company.

yltt. Gen. You mean a-i ropes, my
Lord.

E. of Clare. I underftand what you
mean by a-pro^os, you are a learned man,
[ know.

■ Sol. Gen. My Lord of Clare, if I appre-
hend your Lordfhip arigiir, my Lord-
Howard v.'ai difcourfing ol' the Primate of
Armagh's Prophecy, and faid he thought
the perfecution was already begun, and
would be fnarp, though he hoped it would
b,; fliort, and he wiihcd himielr b; vend f a-
1 11 the troubles were. over, and )our Loru-
ftiip wiflied yourfelf lo too ?

E. of Clare. No; I faid in compliance.
with his Lordfhij), fincc he wilfied himkif

beyond

A C O L L E C T I O N o-F TRIAL

-beyond fca lili the roubles were oyer,! I
willicrt he vve re there too. .
^ /-iC, /. 1 But i percftive. all theic dif-'
<|0i)rks . concerning the. govGrnment are
j-eckoned hut jefts'anci matter of laughter,
but 'tis a very rank way of ']cik{Bg^. La'Sure
you.

IVilliams. My Lord, we call our witnefTcS
Icrioufiv, they are. the King's counlcl that
jdV. ' ..:-.!

Jtt. Con. Was this before rny Lord
'Howard was takea ?

E. of Clare. Yes, but after Mr. Sidney
was taken.

L. C.J. Well, who do you call next ?
. IVillmin. My Lord Paget, pray what
luve you heard nry Lord Howard lay con-
c'crning the plot, and when r
■ L. 'Paget. My Lord l.ts there, and I
believe he may remember it was about the
7i:h of July, the Sa:urday before my Lord
went into the country, to the beft of my
memory, which was, i take it, the 9th of
^jiils.'. Upon Saturday the yih at night my
Lord came to ice me, 1 told him I was
glad to fee him abroad, and not concerned
in the diforders that were then i"o general ;
my Lord toid me he had been wifhed joy
bv feveral, and he took it ill, becaufe it
looked as if he were guilty. 'Tis true, my
Lord was a man -of great finenefs and readi-
nefs in difcourle, and cam-e cafily into all
company, my Lord faid that was true, but
he had fo carefully behaved himfeif, that
be was fure they could not touch him with
any thing, nor did he know any thing of
any body eife that he could charge therri
wuhal.

I'f''illianis. When was this my L,ord ?

L. Paget. This was the 7th of July.

Alt. Gen. Pray, good my Lord, why did
vou joy my Lord Howard .'' Had you any
rcafon to miftrull: my Lorii ?

L. Pa^ci. No other reafon, than becaufe
I knew he was a man of ereat fiecdom in

dilcogr.fe, and might, be concerned 'tifion
that account. ^.,,- ej ;t::-,;q o:u: . I

I yUt.Gen. And he would frequemly difr
courfe againit the government, I fup.

pole? :':M-jr{v .-ivv;'.;) \5.^i'

L. Paget: -^1^0, I never heard try Lord
difcourfe againll the government in my
life.

IFiV.tams, Swear Dr. Burnet. (Whi,cl>
was done.) Pray will you, Dodior, acr
quaint the court, what you have Tieard' my
Lord. Howard fay concernino; tUg iate plot,
and when ? : >\ ;.'-•

Dr. Burnet. My Lord Howard came tp
fee me the day after the diicourfe of the
plot broke oyr, I'hurfday I think it was^
on Wednefday it began to be talked of.
The thing was little underft.ood then, put
in gerteral a plot was difeovercd, and my
Lord with a great many proteftations, lift-
ing up his hands and eyes to heaven, pro-
tefted he knew of none, and believed thcie
was none, and fpake of the whole thing as
a contrivance.

Williams. This was the day after the dil-
covery broke out ?

Dr. Burvet. Yes, the day after that I fj-ft
heard of it.

l-yilUams, Had you any other difcourfe
with .my Lord about it ?

Dr. Burnet. I had not feen my Lord
before of fome months. And then he
fpake a great deal to me. He toJd mc
he had been in Effex, and after that he
went to the Bath, and went fo early and
came away before the company tame, be-
caufe he would avoid all danger. And he
exprefled great apprehenfions of fear of
fliam plots, and fpake of falfe witnelTcs and
former defigns of that natu.''e. The truth
of it was, one had poircfied me much with
a belief of the thing, it being then but a
fecret, but he Orove to difpofTefs me of that
belief, and his whole difcourfe ran upon that
for an wliole hour, and exprefled, as I iaid,

great

A C O L L E C T I O

i^r^'at- fear of fome (hnm-rontrivance, and
fpake much of fihe vvitnefle«, williing ihat
lie were beyond Tea.

L. C. J. What, he fpake as if there
v.'ere like to be great heats and ftirs, I fup-
pofe ?

Dr. Burnet, No, the talk was about the
dilcovcry, which he faid he believed was a
contrivance.

IViU.iams. Did my Lord Howard ufe to
come to you fometimes ?

Dr. Burnet. Yes, he ufed to come fre-
quently to fee me.

Att. Gen. Dr. Burnet, pray let me ask
yon one queftion, you fpal<e of folemn de-
clarations and protcliations made by my
Lord Howard, v-hat gave the occafion to
fjch a folemnity ?

Dr. Burnet. I wiH ttll you the occafion
truly, though it was never asked me
befor.\ It was thus, I being poffefied with
the belief of the thing by one that aOured
me it was true, and would foon rappear to
be fo, I argued upon that belief to con-
vince my Lord Ho .ard, that it was tru'?,
and he argued a great deal to di''poiTcrs me
of that belief. And I laid, if there be any
llich thing, I pray God forgive them that'
ai^e concerned, but cerra-nly it is one of the
monftroulcfl: ill things that ever was done ;
tor hereby they have done all t'nat couki be
done to ruin the Proceftant religi )n. He
was faioaking a pipe of tobacco, and he
laid do.vn his pipe, and lifted up his .hands
and eves to heaven, an 1 protefted to me,
he neither knew of any furli tiling, 'nor be-
lieved it, bm it was all a contrivance.

' Ait'Gen._ By this difcourf- youpo/Tihly
might, un'derliand what he meant, did h-
nieah b;ing privy to the murder of the
King, or'the'raifing a-rcbellion?

Dr. BurM^t. 'S[-\:ic wi% hot a word then
of the airanini'tion, but it was ail of the
plot in general.

Jtt. Gin. D.d he make no dilinflion ?

V.OL. I. No. 29,

N o F T RIAL S.

6^-5

Dr. Burnet. We talked of nothing but
plot in general. For the paiticulirs were
not then known. It was only about the
general notion of a plot.

Att. Gen. Pray, what was the realbn you
had to believe it .''

Dr. Burnet. '\ here was a gentleman fiom
Whitehall that came to fee me, an J he di i
afllire me it was true, as being one that ha I
it from a Privy counf.llor. This was on
the Wedncfday, when the coun il fate long
about it ; and nothing of particulars was
then let out, bur only a difcourfc in general
of fuch a thing, and he fd.i it v.-ould be
found to be a certain tru:h.

Att. Gen.. F'Vt, Dodor, did not you a
little v^onder at the carnage of my Loid
Howard : That a nun that was not acculed,
tliat you heard of, fliuukl make ludi fo-
lemn protrllations :

Dr. Burnet. My Lord, he faid j^iQ in
this manner as J have told you, when I
laid, " Pray God forgive them, if any h:jve
b"en concerned in fuch a thng,*' h.e laid
down his pipe, and life up hi> hands and
eyes. Whether he thought I fufpec'ted him
or no, 1 can't tell, he bell knows his ow^i ■
thought.",.'

Att: Gen. Did he fay a word of Mr.
Mambc-n ? ' _ ,

Dr. Burnet. !^o, there was nut any par-
ticular perlon named.

Mr. Recorder. D.nflir, he would not
make .you-his confeObr. .

Dr. BurnH. His whole hour's d'fcourfe
was to dif iofTcfs me of the opir.'on .ml
belief I had enteit ined of the plot.

Jull. Ilollo'ivny. This was about July,
you lay ?

Dr.' Burnet. I cannot remember the vcrv
day of thvt month, I believe it was the latter
e.ad (A June, but I am hire it was luf ,re
any boJy was committed, that v-c h a'd
of

Mr. Recorder. Dr. Burner, you f y you
did belii-ve there was a plot ilicn.''

8 L Dr.

6?6

A C O L L F, C T I

D:-. Burmt. Yes I riJ T', anJ he la-
boured to dii|)o(reli> mt- of that belief.

Reccrder. Pray, do you btl'eve it now ?

iyi/li,r,::5. What a queltion is that, .Nlr.
S. rieant ?

Dr. Buruet. I make no doubt of it, Sir,
as to til-.- afiafnnation.

At'.. Get!. My Lord Newport, why do
you lift up your hands ? You don't do
well , for it is a very proper qucilion.

L C. J. Well, call your next witnefs,
gentlenien r

Mr. Ibompfon. Swear Mr. Gisborne.

[Which was done.

-JVilUams. Pray, Sir, will you acquaint
the court and the jury, what you have
heard my Lord Howard fay about the late
confpiracy .''

Mr. Gifiovne. My Lord only faid he
knew nothing of the plot -, that is all I can
lay.

IVilluims. When was this ?

Gificrm. The Saturday before he was
t.ikcn into cuilody ; then it was that your
honour did fay io, my Lord.

Att. Gen. Ay, and one hundred more I
believe would fay fo, that might be con-
cerned in it for ail that.

{■Fi/liains. Swear Mr. Blake. (Which was
done) Pray acquaint my Lord and the jury,
what difcourfe you had with my Lord
Howard about his pardon, and what he
faid to you ?

Mr. Blaki\ My Lord, about the month
of Oilober laft, my Lord Howard tent to
me to know how I did, and defired me to
come and make him a vifit. The next
day I went and waited upon my Lord at
his lodgings at Whitehall, and after the
compliments pafled, my Lord began a dif-
courfe of the plot, and I told him, that I
heard none of the witnefTes had their par-
dons, but only Keeling the firft difcoverer.
My Lord told me no» but he had a war-
rant for his pardon, and with that he
plucked it cut and fliewed it me, and I

ON OF TRIALS.

read it. And then 1 told him I thought it
was ot no avail without he had his pardon
:::'uaPy under fca!. He faid no, but he
h.'.d their word and honour; but, faiu he,
when I fiflt received the warrant, they faid
I fliould not medd'.e in it till 1 hrard from
them again ; which I have not yet, and I
afcribe it to no other reafon but only this,
that I niufh not have it till the drudgery of
fwearing is over.

IViiliams. W'hen was this ?

tlake. In Odober laft fome time. So I
then took my leave of my Lord, and my
Lord difired me to come and fee him at
night about fix o'clock in the evening, for
he had a great many came to him, but
then he fiiould be at leifurc, and had many
things to fay to me.

Att. Gen. At that time did my Lord
exprefs himfelf as difcontented, and that it
was irkfome to him to be brought as a
witnefs ?

Blake. He only faid thofe words that I
have told you, and looked up and turned
up his eyes towards heaven when he faid
fo.

fVilliams. Pray, -where is Mr. Benjamin
Mercer ? Swear him. [Who was fworn.

L. C. J. What do you alk him .?

fVilliains. We bring him to prove that
my Lord Anglefey was ferved with a
fubpcena, but is fo ill of the gout he can't
come.

L. C. J. If that be all, there is no quef-
tion of it, but that he was fubpoena'd.

IViiliams. If your Lordfliip pleafe, we
will prove in what condition my Lord An-
glefey is, and then we hope your Lordfhip
will give us leave to prove what my Lord
has faid concerning my Lord Howard's dif-
courfcs with him.

L. C. J. No certainly, Mr. Williams,
and I am fure you ;;sk it not as expecting it
fhould be granted.

Williams. I lay it before your Lordfhip
and the court.

L C. J. Ay,

A COLLECT 10

Z-. C. y. Ay, you lay it before us, but |
you are a lawyer, do you yourl'elf chink fit
it fhould be done P

TVilliams. My Lord, I muft fubmit it
to you.

L C. J. Come, uill you cotifent, that
what the Duke of Monmouth has fiid,
ihall be given in evidence, and then I pre-
fume the King's counfcl will confent to your
requeft ?

PVilliams. I confent ? Here is my client,
my Lord, in court, I can confent to no-
thing.

L. C. y. But if fo be there be leave
given on one fide to tell what another
perfon lias faid, why fhould not it be con-
lented to on the other fide, that it be proved
what a third perfon that is abfent has faid
for them .-'

Mr. Recorder. Ay, will you confent that
we prove what the Duke of Monmouth has
faid?

WiUiams. We don't know what the Duke
of Monmouth has laid.

L. C. y. But you do know 'tis not evi-
dence, nor fit to be granted what you
aik.

yones. You know that 'tis not for your
purpofe what he has faid.

ihlliams. My Lord, we mud go ac-
cording to our inftruflions.

L. C. y. But you know the law, why
fliould you offer any fuch thing ? Your
offering it will make the Lay gens that
know not the law, think that the court
put hardfliips upon people, in denying
things which you that underftand the law
know can't be granted.

JVtlliams. I do not prefs it, my Lord,
but leave it with you.

L. C. y. Why do you fpend our time in
urging things tliat are nothing to the pur-
pole, and cannot be allowed ?

IVilliams. Now, my Lord, we will go
on to another part of our defence, and that
is, to call witneffes to the reputation of

N OF TRIALS. 6S7

Mr. FLimbden, and his behavioiL-, ?> I--
tisfy you, that he cannot be fuch a perfon
as the indictment f<)ys, and as he miuft t)e
if it be true what this gentleman my Loid
Hov.'ard has fworn.

'rhoK-pfon. We v/iU firfl examine my
Lord Paget. [Who Hood up.

IVilliams. My Lord, v/e afic you to that
queflion. Have you known this gentle-
man Mr. Hambden, and what a fort of a
man is he?

L. Paget. I have good reafon to know
him. I have known him a great whilei
and have always believed him an honeft
and a prudent man, a man of honour and
virtue, and integrity, my Lord ; and I
have had no reafon to have other opinion
of him. I know he has been always ever
fince he came abroad into the world a man
that hath loved his ftudy and books, and a
contemplative life. And therefore 1 (huuld
not be apt to believe, that he could apply
himfelf to a thing fo contrary to his own
nature, and to that way that he delighted
in, and had always hitherto applied himfelf
unto, I mean, to engage in a defign of fo
much malice and wickednefs.

Williams. My Lord, you have had a
long converfation with the knowledge of
Mr. Hambden, you fay. What fay you
as to his difpofition ; becaufe this indift-
ment fays he is a perfon of a turbulent,
faftious, feditious fpirit ?

L. Paget. I have always known him a
quiet peaceable man, not meddling in bu-
finefs, very friendly, free from all tur-
bulency, not of much acquaintance, nor
defirous to make much.

Att. Gen. Pray, my Lord Paget, upon
the fame oath you have taken, have you
not at any time heard him e.xprefs diflatif-
faftion as to the male adminiltration of the
government ?

L. Paget. No, never to me in the
lealt.

Jtt. Gen. Not

6 :h a collection

J i. Cen. Not at the time of the lail;
Wcltnvnller I'arliamcnt ?

L. Pa^et. No, I never heard him then,
nor at any time elfe.

fFiti'mnis. Mr. Hambden was then in
France, arivl not in that Parliament, tho' he
was a member. \Vi;«re is Mr. Pelham ?

OF TRIALS.

Alt. Cm. Appeal where you will, the
bail cann')t be a witnefs.

IViUiams. We moved for an Habeas Cor-
pis the beginning of. lalt term upon the late
a6t for Habeas Corpus's. And then at the
la{1. day of the term upon Habeas Corpus he
was brought up thither, and was bailed

/.. C. J. Here he is. He fas dovn upon that writ?
here. (Pointing to the table.) What would Alt. Gen. Are not you one of the bail.

you afk him .?

[He was fworn. j Sir Henry Hobart }

M^'illiams. Sir, will you pleal'e to ac- j Sir Henry Hobart. I was one cf his bail,
quaint the court, what acquaintance you I I think it was for his appearance.

have had with Mr. Hambden, and how
long .'' And what you know of him \

L. C J. You hear the queftion. Sir,
how long have you bten acquainted with
Mr. Hambden ?

Pilbara. 1 have been acquiinted with
Mr.l I imbden about five or fix years, living
near him, and all that I could obferve from
him was, that he was a man much addicted
to his Itudies, kept much at home, and I
never obferved that he had much ac-
quaintance ; but as to the bufinefs before
you, 1 know nothing of it, nor ever heard
iiim fpeak any thing relating to it.

L. C. J. If he be one of his bail that he
(Tiall appear in this court the firft day of this
term, and fo from day to day till he fhall
be difcharged, and remains under that re-
cognizance, then in any cafe againfc him he
cannot be a witnefs for liim.

/}tt. Gen. But they millake the matter,
he was then charged with this indidment ;
He then pleaded to ir, and was bailed to
anfwer tiic indi^bnenc ; and furely in that,
cafe he can- never be a witnefs.

L. C. J. That is certainly very true, and
you know the law io well, Mr. Williams, that
I wonder you will infiit of it ; in every or-

JViUiams. As to his Ipirit and dilpofuion, | dinary cafe it is every day's pradice to deny

the bail to be witnelfes.

Alt. Gen. Here is the perf)n principal,-
will tjiey render him in cuLipdy .?

/.. C. J. Ay, what fay you, will you
render him in cuftody ? Then we will dif-
charge the bail.

H'illicwis. My Lord, I will tell you what
we will do.

L.C.y. Tell me whit you will do!
Anfwer my queilioa, Will you render him
in cullody .''

JViUu!7ns. We will change the bail, my
Lord, and find fome qtJier luflicient perfon
to ftand in Sir Henry Llybart's place, rather
than lole. our v.'itnefs.

L.C. J. With all my heart.

lyUliams. Here is Mr. Aflihurfl:, my

[i lie 3 turbulent man .-'

Felham. No, I never found him any
thing like it. We never talked together of
matters of that nature.

Alt. Gen. Were you ever in his company
at any time when he difcourled about go-
vernment ?

Pelbam. No, I was never with him at
any time when lie dilcourfed of any fuch
tiling. ^

Pt illiams. Sir Henry Hobart.

/, C. J. My Lord, we oppofe his being
a witnels. Me is one of his bail.

fp'i/lraws. That was upon the Habeas
Corpus Ad, not upon this indidment.

Alt. Gen. It he be bail for the defendant,
my Lord, he cannot be a witnefs,

IViUidms. I cppeal to the rule of court, ^ Lord, a gentleman of very good vaUie

whether he v/as not b..
Coipiis A6t only .''

upon tlic Habeas

h. c. y. But.

A C O L L E C T ! O

i. C. y. But you mufl render him firft, |
and cliange the whole bail. > Tht-y muft
enter inioncw recognizances^.

IViHiaws. I cannot icll wliether \ve can
do thac lb very well, becaufc the others I
am afraid are not all here. He is a mighty
material witncfs, I am lure.
. yin. Gen.. My Lord, Mr. WiUiatns fays
he is a material wiinefs, Icthim be fworn,
1 am fo fair, I will confcnt to it : Let us
hear what he can fay.

[Which was done.

iVi'. We thank you, Mr. Attorney. 1
am afraid you will not live long, you are
fo good natured.

L.C.J. Bur you are like to live for
your good-nature, Mr. Williams.

Tbompfoii. Sir Henry Hobart, how long
h.ave you been acquainted with this gentle-
man, Mr. Hambden ?

Sir H. Hchai't. I have known him any
t]me thefe ten years.

IVa. How has he been. Sir, as to his dif-
pofition and fpirit ? Did you ever find him
to be of a turbulent temper ?

Sir //. Hobart. Very far from it al-
ways.

IVil. Have you had any intimate con-
verfation with him ?

Sir H. Hobart. I have known him all
along, I fay, thefe ten years, but of late I
have had more converfe with him fome few
years in travel.

Wtl. Had you mucli converfation.
Sir ?

Sir //. Hobart. I was with him continu-
ally at Paris, and abroad.

IVil. What lay you to his loyalty and
principles ^ W^as he a fadious, leditious |
perfon ? I

Sir H Hobart. Sir, he always exprcifed i
a great eiteem for the government, and |
great refpedt and duty to the King.

IVil, I'ray, Sir, when went Mr. Hamb-
den abroad to go into France .''

Sir //. Hobart. He went into France for

Vol. I. No. 29.

N OF T R I A L S. . f.2:)

his. health about November (So) I think it
was.

//■>.'. How long did V:s continue abroad,
Sir Henry ? ■ •

Sir//. Hobart. I found him in Paris the
M'ay after.

IVil. How long did you tarry there, Sir^
yourfelf ?

Sir //. Hobut. I wtnc from Paris \<\
June, and came back again to Paris about
October or November the lame year, and i
found him in France ftill.

IVil: And when do you take it he re-
turned into England ^

S'iV H. Hobart. 1 was with him till he
came over, which was about September,
(S2) I think.

Iho'.npfoK. What do you know, Sir, of
his intentions to go again beyond fea ?

Sir //. Hcbart. \\'iien, Sir, do you mean ?

Tkompfcn. Since that time he came over,
you lay in September (§2.)

Sir H. Hobart. He told me of it often,
I think it was about March, more parti-
cularly once at his own houfe.

Thcmpjcn.- What March, Sir ?

Sir H. Hobart. March (83.)

Thcmpfon. That is lali March .?

Sir //. Hcbart. Yes, laft March, he
talked of it feveral times, particularly once
I went about fome bufmefs of my own, and
then he difcourfed a great deal of his going
over with my Lord Montague that nov.' is -,
for he told me his health was not yet eila-
blifhed, for he came over out of an hot
country in autumn, and had been all the
winter in this colder country, and the air
lie found had impaired his he.ilth again.
And it was not only what he told me, but
I had a letter from a friend of mine in
France, to whom I had fcnt to defire him to
come over; but he writ me word, no, Mr.
Hambdcn was coming over again, and he
would notcoir.e back yet.

/Itt. Gfn. Did hj tcil you when he in-
tended to 20 over. Sir Henry ?

S U Sir H. Hoharl.

690 ACOLLECTI

Sir II. IIcbarL As foon as Mr. Mon-
t:im.ie, my Lord Montague that now is,
■couKt f^et ready, who was to carry his lady
over with him.

IFillunns. Sir, do you know of any pre-
paration made by Mr. Hambden for it ?

Sir //. Hobart. He had refolved to take
his lady with him, becaufe Mr. Montague's
lady went, and fo I believe did prepare ac-
cordingly.

Att. Gen. Did Mr. Montague go over ?

Sir H. Hcbart. He did not go then, but
fince he is gone.

Att. Gen'. Were you in France then at
this time ?

Sir H. Hobart. This was in England at
his own houfe.

IVilliams. Pray, Sir, what is his difpo-
fition ?

Sir //. Hobart. He was always inclined
to a ftudious life, and kept very little com-
pany.

Att. Gen.. Was this in March 83.

Sir H. Hobart. Yes, he came over in
September before. I always obferved him
to be of a retired temper.

Att. Gen. You fay in 1680 he went into
France, and in (82) he came over again }

Sir H. Hobart. Yes.

Att. Gen Pray, Sir Henry, fince you
converfed fo much with him •, have you
heard him fince the laft Parliament at Weft-
minfter, or at any time have you been by
when he hath diicourfed his opinion about
crovernment ?

^^ Sir H. Hobart. Truly, Sir, I do not take
myfelf to be capable of dilcourfing with
hmi about any I'uch matters.

Att. Gen. Have you heard him at any
time comjjlain of the male-adminillr.uion of
the government ?

Si^r H. Hobart. No, Sir.

Att. Gen. Have you never heard any
fuch thing from hmi ?

Sir //. Hobart. No, never.

If-'illiams. Swear JJr. Lupee — My Lord,

ON 0? TRIALS.

I we muft defire an interpreter, for the Doc-
I tor fpeaks French only.

/,. C. J. Swear an interpreter.

IVilliams. Dr. Burnet, or if he be gORf,
call Sir Henry Hobart again. We mull
beg the favour of you, Sir Henry to be an
interpreter, you underftand the French
tongue very well.

Sir H. Hobart. I will do it with all my
heart, Sir, as well as I can.

L. C. J. Swear him.

Then the Doftor was fworn, and
the oath repeated to him by Sir
Henry Hobart in French.

Cryer. You fliall well and truly interpret
between the court and the witnels, and the
witnefs and the court, according to the beft
of your fliill and knowledge : So help vou
God.

Ihompfon. Sir Henry, will you pleafe to
repeat what qu-'ftions we fhall aflx, and what
anfwers He makes ?

Sir H. Hobart. Yes, Sir, as well as I can^
I will.

JFilliams. Pray, Sir, afn the Doftor this
queition, if he be acquainted with Mr;
Hambden I

Sir H. Hcbart. Yes, he fays, very well.'
He lived near two years with him.
- Thompjon. How long is it fince .''

Sir H. Hobart. Four years fince, he
fays.

Williams. Pray in- that time, what was
his difpofition .? was he a feditious and tur-
bulent man .? or was he a ftudious retired
man, or what ?

Sir H. Hobart. He fays the two years he
lived with Mr. Hambden, he kept hinx
company in his ftudies, and all that time he
found he had no other inclinations but for
ftudy and knowledge, and his inclinations
were very virtuous. He always ob-
ferved in his difcourfe a great fubmiffion
and refpccl that he had for the laws of his

nation.

A COLLECTIO

nation, and his Prince, and to that decree
he was a taichKil ilibjedt to the King, that
once he told him in dilcourfing with him of
the late Popifh plot, that he was ready to
facrifice his life and fortune for the King's
fervice.

Thoiiipfon. Afl< him what difcourfe he
had with him of the plot fince it brake
out ?

L. C J. Will that be any evidence do
you think, Mr. Thompfon ? Will Mr.
Hambden's declaration be any evidence, he
being a perfon accufed ? Do you think he
would tell the Doflor, or any body elfe that
he was guilty, when he was like to be quef-
tioned ? That would have been a wife bufi-
nefs indeed. You fay, he was a very ftu-
dious man, and a learned man, truly if he
had done that, he had beftowed his time in
learning to very good purpofe.

PFilliams. Ivly Lord, that that we would
ask him is this ; This perfon the Do£tor
being difcourfing with Mr. Hambden upon
the difcovery of the late confpiracy, and of
the dangeroufnefs of the time, he would
have advifcd Mr. Hambden to have gone ;
no, he laid, he would not, for he was an in-
nocent man, and would not ftir.

L. C. y. Well, ask him what you will,
but his declaration of his own innocence
cannot be taken for evidence.

Sir H. Hobart. He fays, fince this plot
was difcovered, he was going one day to
vifit Mr. Hambden, and going through
Long-acre, he met a French minifter, a Sa-
voyard minifter But, my Lord, he

fpeaks fo faft, and goes on with fo much at
atime, that I cannot remember it all.

IVillic.ms. Well, what faid that minifter
to him ?

Sir //. Hcbart. He fays, this minifter
aflied him, if Mr. Hambden was not con-
cerned in the plot, and upon that he went
and told him what the minillcr had faid to

him Me lays, he told Mr. Hambden,

that the Duke of Monmouth and my Lord

N OF TRIALS.

691

Grey were hid He fays, upon that, Mr.

Hambden faid to him, 1 will never fiy, nor
conceal myfelf, for my confcience reproaches
me in nothing.

L. C. y. Ask him v.hy does he think
the French minifter, the Savoyard as he
calls him, flioukl ask whether Mr. Hamb-
den were in the plot ?

Sir H. Hobart. He fays, Mr. Hambden
faid he would rather die innocent than fly
with the imputation of guilt upon him.

L. C. J. But ask him thequeftion I put.
Why (hould that Savoyard parfon fay fo ?
What reafon had he to think Mr. Hamb-
den was in the plot .-'

Sir H. Hobart. He fays the minifter did
ask him, but he cannot tell what reafon he
had to think fo.

Alt. Gen. Pray, Sir Henry, ask him this
queftion ; How long ago it was fince he
left him ?

Sir H. Hobart. Four years, he fays.

Alt. Gen. Where was it, in England, or
France,

Sir H. Hobart. Whilft he lived in
Bloomsbury, he fays.

Williams. Call Dr. Necdhani and Mon-
fieur Juftell (who appeared) and Monfieur
Juflell was fworn. Pray Sir Henry Ho-
bart, will you ask Monfieur Juflell who
fpeaks French too, if he knew any thing of
Mr. Hambden's ref(;lution to travel with
Mr. Montague into Frnnce ?

Sir //. Hobart. He fays, yes. He did
tell him he was going into France, and he
offered to carry iome books for him .tlong
with him.

Williams. What company was hs to "o
in, and what time?

Sir //. Hobart. He fays. Sir, he cannot
be exaft to the month when Mr. Hambden
fpake of going over, but he fays, it was a
great while before this plot came to be dif-
covered.

Williams. Was it fome months before ?

Sir//. W.bart.

6-)i

A C O L L E C T I O N of TRIALS.

Sir //. Jlobart. Ic v/as a month before it j laid of my Lord of EffeK is lalfe, lie is not

was known, he lay?;.

IViUianis. Ill Vkhat
■go ?

•Sir //•. Ihho.rt. He
wich Mr. Montague

company was he
faid he was to

to be believed agair.il the derenchnr.
to I yltt. Gen. /\y. but upan the evidence of
my Lord Howard, all the reft were con--
vlded.

[f'illiiiws. I offer it only upon \vhat is

Congas. Pray, Sir, will you ask him, was ' here to-day before you. He fays, my clicnr,
he eniuloved to get any French krvants to' and my Lord -of Efit:: were conf.-derate

i- ^ I'll* I'lir* >k'T''!£'.-

bawitlvhin ?

Sir ILJIdart. Ye?, he fays.

L. C J. Ay, but what was the quef-
tion ; for ther-e is fuch a crowd of people
hcforL the counfel, that the court cannot
hear Mr. Conyer's queftion.

Confers. My Lord, I asked him, whetlier
he was employed to get any French fer-
vants to be with Mr. Hambden ?

Sir //. Hcbart. Yes, he fays

with him upon futli a defign. Now if my
Lord of Efft'X was not there, rhcn he is
fahe in that, and that he was not we afFer 4:
this as evidence —

L. C. J. But it is not a proper evidence
in this caie.

iP'ilUmns. It is a fort of evidence^ —
L. C. J. Ay, it is a fort -jf evidence, but
it is not to be allowed. If you will prove
Mr. Hambdcn's opinion, you may, but you

Then Dr. Needham wasfworn.
TVrUcms. We call Dr. Needham for

L C, J. Well, there is Dr. Needham, mulV not for him bring j;roof or what my
what do you ask him ? i Lord of E (Tex, a third perfon, thought of

I my tord Flowaid.

jyilHams. I only offer it thus —
L. C. J. Offer what is evidence, man !'
You are a praclrifer, and know what is evi-
this purpofe, my Lord, to prove that thefej dence, but you hive offered two or three
<yentlemen that are accufed, Mr. Hambden j things to day, that I know you do at the
and my L. of Effex, and the others, had very ' iame time know is not evidence, and I
Ittle elfeem, and mean opinion of my Lord j fpeak it that it may not be thought we
Howard. And how one, they lo little j deny you or your client any thing- that is
elteemed, lliould be let into fo great a fe- ' according to the courfe of law. You that
ciet, \vi'l be very Itrange to imagine. Dr.. know the law, know that it is fo as we
Needham, pray, what can you fay of any fay. Mr. Attorney has gratified you in
of thefe gentlemen's opinions of my Lord waving three or four things already, but
Howard ? What opinion had my Lord of! nothing will fatisfy, unlefs we break the

•r^ ^ r\ -^ 5 r.. „r _.i »_■ 1-

Eflex of him ?

L. C. y. Is my Lord of Effex now before
Qs ?, What is that to this cafe, Mr. Wil-
Tiatiis ? Let my Lord of Effex have what
^pinio;^ he would of iiim ; how dots that
concern the drtendant ?

IVilUams. 1 tell you why, I offer it to my

Lord'

•7-',C. 7. But pray, offer what is evidence,
and keep to the buiinels before you.

IVill'ums. Falfus in una, faljus in omni-
'hus. If we can prove that what he hath

» ~

courfe of other trials.

fVilliams. My Lord, what I take not to
be evidence, 1 do not offer, and where
the court over-rules me, I have not infilled
upon it.

L. C. J. No !

I'Villiams. No, my Lord.

L. C. y. But you would have infiftetl
upon it, if Mr. Attorney would have been
fo eafy as to confent, and the court'
would have let you. Fray keep to the

bufincfs

A COLLECTION

bufinefs, and the methods of law ; you
know the law very well.

tvaiiams. My Lord, I humbly appre-
hend this may be evidence, and I lay it
before you. My Lord Howard has
proved that my Loid of Eflex, and five
more, of which Mr. Hambden was one,
met and confulted about fuch matters.
We may, I hope, be admitted to prove,
that my Lord of Elfex was not there -, for
if we can take off his pofitive proof, as
to any one of thecircumftances, we take off
from the truth of the fact. If all the
perfons were not there ; then my Lord
Howard is miftaken in that, and accord-
ingly mull not be believed in the reft ;
tlierefore, my Lord, I prefs it no other-
wife : He hath proved the fix perfons
were there. I offer this as fome evidence,
that it is unlikely it fliould be fo, becaufe
my Lord of Effcx had fo little opinion of
my Lord Howard, that he would never
confult with him about any matter.

L. C. J. Then certainly my Lord How-
ard is to be believed, to all intents and
purpofes, for here is a record of the con- {
viftion of my Lord Ruffel, and of Colonel
Sidney, and all upon the teftimory of this
gentleman, my Lord Howard, and is not
that more to fupport his credit, than a
flying report of a third perfon's opinion of
him. And yet after all, we fay, it is no
evidence againll Mr. Hambden, and has
been waved by Mr, Attorney.

Ifilliams. Then I will not prefs it, my
Lord.

Juft. TFithifis. It is no evidence, cer-
tainly, Mr. Williams.

L. C. J. It feems my Lord Effex had
fuch an opinion of my Lord Howard's
evidence, that he thought fit to cut Lis
own throat, rather than abide the trial.

milianis. Call Mr. Murray. j

L. C. y. Suppofe my Lord of Eficx had j
feid,. that he was out of the plot, and Mr. '
Hambden was in, would that have been I

Y.oii, I. No. 2 0. i

OF TRIALS.

69.

good evidence againfr Mr. Hambden, do
you think } Pray mind what is the bufi-
nefs before you .^

IVilliams. Swear Mr. Murray. [Which

was done.
L. C. J. Well, what do you all-; this
man .?

fVil/iams. My Lord, we call him as to
what I opened of my Lord Howard's opi-
nion of the word to come, and rewards ar.w
punifhments there.

L. C. J. Mr. Williams. Pray take no-
tice of this, private difcourles t'lat people
cannot come to make anfwer unto, becaufe
they cannot iniagine to have tliem objected,
are a very odd fort of evidence.

t-VilUam^. Thterefore 1 opened it v/arily
and tenderly, my Lord, the witnefs will tcJl
you the ftory better than I.

L. C. J. I cannot tell what Mr. Wil-
liams has fud, or I have faid in heat of talk
or vanity. God knows how often all of
us have taken the great name of Gad in-
vain : Or have faid more than becomes us,
and talked of things that we ihould n^t,
do.

Att. Gen. My Lord, how can my Lord
Howard be prepared to give any anfwer to
this ?

L. Hczvnrd. My Lord, this prefies hard.
upon my reputation. 1 protcfs before God
I do not know this fellow, I never law hixn
in my life before as I knovvj butacooipany
of impudent fellows take the liberty of fay-
ing what they pleafe.

L. C. J. To rak*' into the whole courfe
of a man's life is very hard.

L. Howard. I would fain have thefe fel-
lows dare to fay this any where elk of me.
IFillrams. VVcll, my Lord, we v.-iil wave
it.

L. C. J. Tiiey do not think it a fit thing
to prefs ir.

h. Hczvard. But my Lor.', it concerns- ■
me in my reputation-, who is this ralcaL
thev bring here ? God's lite, who is he ?
' i; N L, C. J_, .

^94 A C O L L E C T I O

L. C. J. We mutl be tender of men's
i-pputation, and not let every thing come as
evidence when it is not fie to be evidence,
to put (lurs and Icandals upon vmen that
they cannot be prepared to wipe off. Is he

tonvidfd of any crime? If he is,' you fay
Ibmething, flievv the record of it.

Juft. IVithim. Mr. Williams. You
know the cafe adiudged lately in this court,
a perfon was indicled ot forgery, we would
not Itt them give evidence of any other
forgeries, but tliat for which he v,as in-
dicted, becaufe we would not fufi'er any
raking into men's courfe of life, to pick up
evidence that they cannot be prepared to
aniwer to.

Williams. We have that refpeft for my
Lord's honour too, as not to prefs it, only
we had it in our briefs, and wemuft go ac-
cirdino; to our inftruclions.
■ L. Howard. I defu'e to know who that
rafcal is ; what is he .^ where does he live ?
1 will make him an example.

L- C. J. Pray compolc yourfelf, my
Lord, there is nothing of this preiTcd.

L. Howard. To iay I am an Atheift, my
I,ord ! what can be a greater refleftion .''

L. C. J. He has not told us any fuch
rhing as yet. And we will take care that
nothing fliall be offered but what is fit-
ting.

L. Hc-juard. I vow to God, my Lord, I
do not know the man.

L. C. y. My Lord, do you think that
every thing that a man fpeaks at the bar
for his client and his fee, is therefore to be
believed, becaufe he faid it ? No, the jury
are to take nothing here for evidence to
guide them of what the counfel fay, but
what is approved. They are to judge fe-
cundttm allegata i£ probata^ that is their
duty.

L. Howard. Does that fellow look like
a man of that figure, that I fhoukl fay any
.thing, or have any converfation with him .•'

N OF TRIALS.

L. C. y. My Lord, I do not know what
he is. Go on gentlemen.

Williams. My Lord, we have done with
our evidence. If Mr. Attorney will leave
it here, we will.

yitL Gen. My Lord, we v.ill not mif-
trufi; the evidence, nor the court.

Hambden. My Lord, I defire to fpeak a
word myfelf, if you pleafe.

L. C. y. Ay, in God's name. You, or
your counfel, I will hear all you will fay,
and as long as you will fpeak, provided
you fpeak within the bounds of decency.

Williams. My Lord, I think it bed to
leave it to the court : We hope we have
made it clear that our client is inno-
cent.

L. C. y. Would to God you were inno-
cent, that is the worft wifh I wiOi you, but
we vv'iil either hear him or you fpeak, fpeak
as long as you will.

Wallop. My Lord, I defire to make but
one obfervation.

L. C. y. Ay, in God's name make what
obfervations you will, Mr. Wallop, I hin-
dered you from making your obfervations
at firft, becaufe I knew it would be defired
after the evidence was over.

Jtl. Gen. Then my Lord, I expeft to be
heard too. If Mr. Hambden makes a
fpeech, I will reply, or if his counfel do ir,
lexpedt tlielafl word, for I will have neither
the party, nor the counfel to fpeak after
I have fummed up the evitlence for the
King. Mr. Hambden, and his counfel are
all one.

Wallop, 1 have but one fliort obferva-
tion to make.

L. C. y. Go on then, Mr. Wallop, and
fay what you will.

Jufi. Withins. I think it is very fit you
fliould do it of both fides ; it is a caufe of

great concernment.

Williams.
here, I think

My Lord,

we will leave it

L.c.y.

A COLLECT lO

L. C. J. Take your own coiirfe, do not
fay we hinder you of faying what you will
for your client.

Att. Gen. Let them do what they will.

L. C. J. I will fit ftill, make fpeeches
every one of you as long as you will.

Juft. JVakot. it is fit they (hould fpeak
what they can for the advantage of their
client.

, TVilliams. My Lord, we leave it to the
court,

L. C. J. Gentlemen of the jury, the evi-
dence has been fomething long, and the
counfel both for the King, and for Mr.
Hambden againff whom this indictment
has already been found by tiie Grand Jury,
having left it to the court to lum all, 1 fliall
do it as well I can ; and the queftion be-
fore you, gentlemen, is. Whether the de-
fendant be guilty of the ofi^ence charged in
the indidlment, or not guilty, and there
having been fo Ions; an evidence on the one
fide, and on the other, it will be fit for me
according to the beft of my remembrance
to help your memories, by recolletling
what has been faid on both fides, which 1
fhall do as near as 1 can, and if my bre-
thren will pleafe to fupply any thing that
fhall be ommitted by me, nay, it the coun-
fel for the King, or for the prifoner, will
put us in mind of any thing that has been
fpoken, and proved either again It, or for the
party indiifted, in God's name let them
have liberty to fpeak it : For it is fit the
queftion fliould be left before you with all
fairnefs, and according to the beft of my
obfervation and memory, thus it ftands.

The firft thing, gentlemen, that is con-
fiderable to you, is, that there is fuch an
indiftmcnt, as has been already opened un-
to you, that is preferred againftMr, Hamb-
den, that does fet forth, that Mr, Hamb-
den is a feditious perfon, and a man, ac-
cording to the language of the indiclment
(which are words of courfe and form in an
indidtment of this nature) of an evil difpo-

N OF TRIALS.

695

' fition, defigning to difturb and diftracSl the
government, and that he with fcveral otiier
perfons, did confpirc to bring in troubles;
and perplexities upon the government ;
and in order to that, tliat there were fome
meetings between him and ftveral other'
perfons, and that there was a defign to con-
ciliate fome perfons of another nation to go
along with them in their defign, particu-
larly fome in the kingdom of Scotland.
This is the purport in the indidlment, to
which the defendant has pleaded not
guilty.

Gentlemen, the evidence tor the King has
been of this fort. They did at the begin-
ning, which yet I muft tell you by the way,
is not any thing of evidence, but the King's
counfel would make fome overtures to prefs
on their fide, as the defendant, and thofe
that are of counfel for Mr, Hambden,
have made fome little hints to prefs on their
fide, that Ibme witnefles the one and the
others would have had here, were fub-
poena'd but could not be here. Itfeems by
the proof, here was a meeting, as it was be-
tween fix feveral perfons, and they name
them, the Duke of Monmouth was one,
the Lord Howard another, the Lord Ruflel
a third, the Earl of Effex a fourth, Alger-
none Sidney a fifth, and Mr. Hambden the
fixch. As for rny Lord of Eflex he is gone
to his long home, rny Lord Ruliel, and Mr.
Sidney have received fentence, and been
executed. So there remains three furviv-
ing, and fay they that are for the King ;
we produce my Lord Howard, and we
have taken care to fummon the Duke ot
Monmouth, by leaving fubpocna's where it
could be thought he was to be met with,
with promifes of his fervants to deliver them
to him in order to have the Duke to be a
witnefs for the King this day. I prefvime
the meaning is, they would infer from that,
that they would give an account of the
fairnefs of this proceeding, though it has
been a matter that has ybtaincd a fort of

belief

(^t A C O L L E C T I O

belief in the world, as though tJie Duke of I
Monmouth had denied, that there was any |
fuch thing as tliis confederacy and confpi-
racy : And that has given people occaiion
to be of very different opinions, and per-
'^uafions about tlie matter ; but lay they, to
{hew we are not afraid to have the truth
come our, we have done as much as in us
lay to get this perfon hither ; tlierefore we
have left fubpoena's ac his houfes, at his
lodging with his fervants, and they have
promifed to take care tlacy Ihouid be de-
livered to him, and he is not come. Againfl
this on the other fide, fay they, for the de-
fendant, we have taken all the care we could
CO bring my Lord Anglefey, who was to
have been a witncfs for the advantage of
the perfon indidicd, hut my Lord Angk-
iey is at prefent afilicfled with a fit of the
gout, and for that very reaion we cannot
have him here. And fo they fhew, that
they have been very zealous to get wit-
ncnes on their fide to vindicate their reputa-
tion, but they did not meet with that ef-
fcd: that they defired. Thefe two things,
gentlemen, are matters that are ufed both
i^ainlt him one way, and for him ano-
ther.

But now to come home to the evidence
upon which this matter is to. turn, and here
you are to confider, that whatfoever has
been faid or olTered by the King's counfel
on the one fide, or the counlel for the de-
fendant on the other fide, (I call him fo,
for it is but a trefpafs though a great one)
you muft not take into your confidera-
lion at all any further than as ihcir allega-
tions are fupported by the tellimony that
has been given ; and whatfoever the wit-
n-cifes have faid either) for or againft him,
and out of that tellimony as near as I can
remember 1 v/ill give you thcobjcdions,
and their anfwcrs with the obtcrvations
that have been made,^or do naturally arife
Oiip. of] die fa_^s in proof.

N OF TRIALS.

My Lord Howard, in the firll place,
gives an account of this matter, and,
gentlemen, the times will be wonderful ma-
terial, and therefore I beg you would take
a pen and ink, and mark thefe material cir-
cumfl:ances as you go. For in all matters
of fadl poCtively proved, which alfo have
their credit fupported by circumftances
which do accompany them, the teftimonies
given of fuch fafts are to be valued accord-
ing as thofe circumftances keep touch with,
and humour, as I may fo fay, the fad that
they are to evidence the truth of.

My Lord Howard does therefore in the
firft place acquaint you, that about
Michaelmas there was a dilcourfe between
him and my Lord of Shaftsbury, and thac
was concerning a rifing intended to be had,
and he tells you how that my Lord Shafts-
bury was fully refolved upon it •, that things
at length can-.e to that pefs, that he was
forced to go from his own houfe, as belaid,
being difapfLinted by the Duke of Mon-
mouth and otihers w"ho had promifed to join
with him, and was retired to the houfe oi
one W.!tlbn in or near Woodftreet. But
he underifanding whej'e he was, my Lord
Howard went to him, (I think he fays my
Lord Shaftsbury fent to him) when lie
came. Lord Shaftsbury told him, that al-
though there had been fuch a difappoint-
ment by thofe pcrlyns he named, yet that
did not take off his edge, but he was re-
folved to go on himfeif, nay, though his
body was infirm, yet he would be itt on
horifcback, though he was lifted up to ap-
pear in the head of a party that he had pre-
pared, and were ready when he would call
them. And he began then to .refledl upon
tlie difappointment of the Duke of Mon-
mouth, and as though the Duke of Mon-
mouth had only a profpedl to advance him-
fclf, and had only an eye upon his own,
particular intercit. 1 hat he fo man-
aged matters as if he dcfigned to have the-
foie ciifpoGcioji.i)f ail things whatfoever^

A COLLECTION of TRIALS.

701

an.l there you will find, thiit the Monday (of them were taken u;ion the bed at noon-

bcibrc Shrove-Tuefday, when he fays, he day in Mooriields r Had the bufinefs they

]d"t him within fix miles of the borders of I came over into England about, been a fair,

Scotland, falls out to be the 19th of

February ; 1 will look upon it again, left

I fliouki miuake ; 'tis juft fo, and that

humours the time that my Lord Howard

fpeaks of, which was about the middle of

t'cbruary, a few days after, that he fays the

money was given by Mr. Sidney ; and then

for the time for Aaron Smith to get to

Newcallle, there is a fit fpace of time, for

it falls out that the Thurl'day that he ar-
rived at Neucaftle, is the 15th day of Fe-
bruary, and fo it falls in well with mv Lord

Howard's teitimor.y, and fo the Monday

that he parted with him at the borders of

Scot'and was the i9Ch, which alfo juft liu-

mours the time that he fpeaks of. So that

here is a circumllance of faft to confirm his

tellimony, botii as to the fending ttife hicf-

fenger, and the circumftance of time.

That he is the fame man is proved by thcfe

two witnc-ffes, who agree in this, that he

was there about fuch a time; and it does

likewife humour th.;r other circumftance of

place, that Mr. Sidney laid he had heard
from him from Is^ewcaftle, but not fince ;
and then there is the other circumftance
wiiich backs and conSrms all, there was

not only a fending for thefe perfons, hut
tiiere is notice taken that thefe Campbel?,
who were to be afnfting in this matter,
were to come about the ftiam, and under
the difguife of purchafing plantations in
Carolina. About the beginning of June
they come to town, the two Campbcl«,
Sir John Cockram, and Mr. Monroe. Sir
Andrew Fofter he tells you, he met with
fome of the men, and they coki him, they
came about the bufinefj of Carolina ; and
fo the cant of Carolina is made 2:ood in this
circumftance that way ; but when the plot
brake out, thefe men fculk, one flies one
way, another anotlier; fome were taken as
they were efcaping away by water j others
Voi. I. No. 30.

and a lawful, and honeft bufinefs, why
ftiould they hide themfelves ? Why fliould
any man fneak and fcu!k, and be alliamed
to own an honeft- and lawful buiinefs ? But
this does humour and touch the thing ex-
aftly, as to that circumftance, that Ca,
rolina was only a cant for to difguife their
coming over. Thefe are the only two cir-
cumftances that feeni to be pretty ftronj^
for them, to prove and fupport the cre-
dibility of what their witnefs has fworn.

For, gentlemen, what a wor.derful fort
of expedatinn would it be, that we ftiould
never convid: a man of hi[:h-treafon, unleis
you can bring a man to be a witnefs that is
not concerned ? For then all thtfe perfons
mull have been acquitted, for they ia-
trufted none, it feems, but thefe fix, they
took care they would keep it amongft
themfelves. Do you think they calied tiieir
fervants to be witnefles of what they were
about .'' That is a vain and idle imagination.
In the Pnpifti plot, what witnefies of it
had you there ? Were they ftrangers to the
plot i" No, ycu cannot expctf any witnefies

the

nature of the caJc v/ill

but fuch as
bear.

This is the meanin?oft'"e evidence thct
has been given for tae King, and it carries
a great weight in it. But they h;ive made
an objeftion, which indeed is not remote,
but m.iy concern the quettion very much.
Say they, if we prove my Lord of ILlTtx
was not tnere, or fuch an o;e w s net
there, -would it not difcredit thi evi-
dence of my Lord Howard ? Yts, cer-
tainly, it would whohy d;fcredit it, and he
v/ere not to be believed at all-, nay, which
is yet nearer to the queftion, if Mr. Hsmb-
den that had notice all aking of the times
fixed wherein this tranfadcion was, to wi',
aboot the middle of January, and Leg li-
ning of February. For becaufc they talk

S P

702

A COLLECTION of TRIALS.

of the prints, Mr. HamSderi'had from them
I'ufficient notice and intimation of the time.
]f Mr. Hambden that hath had all this
notice. C)';ld have proved before you, that
Jie was in 1- ranee, or any other place at that
.time, that had been wonderful material.
Ikit all the circumftances that are any
way fignificant to fupport the credit of
jhis matter, are very wtll proved ; and fo
the tellimony of my Lord Howard is, b.y
tliefe concurrent circuniilances of f.K?:, fuf-
iiciently fiipporccd.

Now, gentlemen, I mufl: tell you, this
being the fubftance of the evidence for the
•King-, 1 will now, as near as I can, give
you an account of the evidence for the de-
fendant •, it was opened by Mr. Williams
very ingenioufly f( r the advantage of his
.client, as every man is bound to fay what
Jie can for his client. He made a great

felf oiit of danger from that plot, and pro-
cure his pardon, is not known.

It is a very ilrange thing, that it fliould
be an objection before he had his pardon,
that he did it for fear, and to get his par-
don ; and when he has it, now the ob-
jedion is, becaufe he has his pardon; and
he got it, fiy they, by this means. It
feems, whether he had his pardon or no,
it muft b:; an objection againll him : Before
he had it, he was under the fear of not
obtaining it till the drudgery of fwearing
was over ; but now he has his pardon,
what now ? Why he does it on purpofe to
accufe other people. Why, he fays no
more now, than what he ha.s faid before
he was pardoned ; and if after he is par-
doned, when he is under no dread or fear
becaufeof his guilt, he lays the fame things
that he did when he might be in fear, how

many objccftions againfl: my Lord Howard ; can fhtit be an objedion to him ? It cann( t

4o if he could but fhake the teftimony of
■my Lord Howard, then he might eafily
bring off his client ; and if you, ^jpon any
thing that has been offcreti, either in evi

be thought he does it to fave his own life,
for that is as fafe now by his pardon, as it
can any way be ; and 'tis, and muft be a
great fatisfaftion to his mind, and will be

dence, ^ or by way of obfervation fairly j lb to any other reafonable man's mind

and is a plain anfwer to the objedion of
his fear, (for 'tis a capricious age we live
in, that will make fome fpccious objedioii
or otlier, though it be not of any great
weight.) But how can it be thought a
man would come and fwcar too much, or
too far, for fear he fhould not fave liimfelf ;
or, as thty call it, imjir himfclf into a
pardon, when he has Jiis pardon ? It might
be an objCdtion before-, but as long as he
is under no fuch terrors now, but ftands
right, both by the laws of God and man,
to be heard as a witnefs, I think it would
be hard for any one to come, and fay,
" This man would forfwear himfclf."
What Ihouid provoke him to come and
forfwear himielf, when he is under no
danger as to his own p.irticular ? There
might be an umbrage, I fay, of an ob-
jection before he had his pardon, tliough it

was,

made from the evidence, tlo believe my
Lord Howard has forfworn himfelf, you
mull find Mr. Hambden, the defendant.
Not Guilty ; but if you believe he has not
foriworn himfelf, you muft find him
Guilty. So a'l our matter is reduced into
a very narrow compafs ; and therefore I
muft repeat it again what I faid at the be-
ginning. If my memory do not ferve me
to recoiled all right, the counfel f jr the
defendant fhall have free liberty to inform
the court ot what has been omitted.

Firft, fays Mr. Williams, my Lord
Howard was a man very deep in a con-
fpiracy with my Lord Shaftsbury, by his
•own acknowledgment, endeavouring to con-
ciliate a friendihip between the Duke of
Monmouth and my Lord Shaftsbury ; and
lb he had a great hand in the plot ; and
'.what he might do on purj)ole to get him-

A COLLECTION op TRIALS.

was, indeed, no objei!ition before -, not a
rational weighty one, to let afide his tefli-
mony. But nobody knows which way in
tlie world to fatisfy the minds of fome fort
of people.

In the next place, gentlemen, fays Mr.
Williams, you are not pofitive as to the
time •, you lay, it was about the middle of
January, and the beginning of February,
and that is too general and wide ; but you
remember particularly to a day the bufinefs
between you and my Lord of Shaftsbury,
that that was the day after Michaelmas day :
How can you be fo particular as to the one,
and not as particular as to the other ?

Why, I will undertake that Mr. Wil-
liams, when he made the objection, muft
needs think of the anfwer that would be
given to it. It is notorioufly known, that
the prefTures thefe gentlemen thought they
lay under, were what my Lord of Sliafcf-
bury faid, " Now they have got the juries
into their own power, and no man is fafe ;
they will find me or any man guilty, as
they pleafe ;" Why, how came they to get
juries into their own hands, but by having
the Sheriffs as they would have them ?
Now the Sheriffs that are to return juries,
are, as all men know that know any thing,
fworn the day before Michaelmas day ;
therefore he might very well, and Iiad good
reafon to remember that day ; when fuch a
notorious thing happens to fall out at fuch
a notorious time, 'tis eafier for a man to
remember that time, than to Ipeak to the
particular time of an a<ft!on, done about
the middle of a month, where there is not
fuch a notorious circumftance. Why, I
can tell you very well where I was upon
the day before Michaelmas day ; upon that
day, and the day after ; for that very
reafon, becaufe it was a notorious day
about the fwearing of Sheriffs in London.
But if you afk me, where I was the middle
of January, or the middle of February, I
cannot fo well remember that. But tliere

703

IS credit to be given to a man that fpeaks
to a notorious circumilanc?, and thereby
proves the probability of what he fays,
though he fhould not be fo particular in a
thing that admits not of fuch a notorious
circumftance.

Gentlemen, I make the objections as they
are ftated on th.e one fide, and on the other
fide ; and the anfv/ers that naturally flow to
prove the matters before vou one wav or
other; and you are to judge, you are to
weigh them ; and which has the greater
credit with you, vou are to take notice
of.

He does fay, in the next place, here was
a difcourfe of arms and armed men, and a
great fum of money fp~kcn of, but there
breaks out nothing of this matter till Julv
following ; but this debate was in January,
and February before. For that matter, ihc
anfwer that is given, and it fcems to be a
plain one, is. That they were to conciliate
a correfpondence with people that were
abroad, and that they could not go on till
they had effciSted that, and till thefe people
came to join with them, which could not
be without fome time. And you hear the
Cockrams and the Campbels came not to
the town till June or July ; fo that it was
not probable it fhould break out till then,
becaufe it was to be agitated upon their
coming here. And fo that objection is an-
fwered, they did not apprehend any fuch
neceifity for prefent engaging in it. For
my Lord Howard, becaufe he thought it
would be a work of time to fettle the cor-
refpondence, and get thefe people to town,
went down to hi; country-houfe in Eficx,
and from thence to the Bath, for he did
apprehend fome confiderable time mull be
fpent, c're thefe people could come ; and
therefore he thought it convenient to take
his retirement in the mean time.

Ay, but 'tis Ilrange, fays Mr. Williams,
and he makes that another objection ; lie
would have mv Lord Howard to draw in

■0.1

A COLLECTION of TRIALS.

this accufation of Mr. Hambdcn, to pro-
cure his pardon, by go'ng further than the
other difcoverers had gone. It feems, fay
they, Mr. Hambden was not thought of at
firft ; but becaufe Weft and Keeling had
difcovered a plot, my Lord Howard, to
fecure himfelf, mufl go a ftep further th;.n
they, and (as the defendant's counfel would
have it) than the truth ; and that is the
ftrefs of the objedion. But the weight ^.i'
the proof is quite different •, for all men
know, in the plot there were feveral parts.
There was the bufinefs of Keeling and
V\'^eft, and that was the affafTination of the
King and the Duke; but the Dnke of
rv'oi-.mouth, my Lord Howard, and ihof>;
other gentlemen, vere for the bufinefs ot
the rifing, though that might be in order to
that other purpofe -, but they kept not
company with thofe that were engaged in
that part of the defign. They were the
underlings, the fcoundrel plotters, that
were concerned in the aflaflination. But
thefe gentlemen looked upon themfclves to
be Privy Coun!ellors, not to be the exe-
cutioners -, they were to be only advifers,
v/hat was to be done after the other bu-
Ijnefs vvas over ; and their confultations
were for rai.Ging of men for an infurredVion -,
n.'jt the bufinefs of the affafilnation of the
King, tl.at was not their province. Can
it be an objedtion againfb my Lord
Hov/ard, becaufe he gives a teftimony
V/eft and Keeling could not give? Could
they go further than the killing of the
King, which was their bufinefs : If any
man ihould have asked my Lord Howard
about that matter, he would have made
aixiwcr. It was not for that purpofe that we
met together at Mr. Hambden's, and my
Lord RufTel's ; no, that v/as upon a par-
ticular bufinefs, and to a particular end
and purpofe.

Then he fays too, that though my Lord
Howard comes here upon his oath, and
deckires thefe feveral matters that he hath

depoled ; yet he has given a different
account of things elfcwhere, and he has
called feveral witneffes to that purpofe.
To whom my Lord Howard feveral times
upon his honour, upon his word, with
eyes lifted up, and hands elevated to
heaven, and many extraordinary protefla-
tion;;, declared, that he kn^w nothing of
the plot ; and fay they, if a man will at
one time pawn his honour, and his re-
putation, for the truth of a thing, and
after thaf, will come again to fwear againfl
all that matter, that is an argument that
does fink the credit and reputation of that
witn-fs ; and thereupon they call you
f.n'cral witneffes, fome wlierecf are pcrfons
of great honour and qualiiy. I tl;ink they
begin firll v/ith Ducas, fervant to Colonel
Si.;n-y, and le tel's you, after his n alier
was taken, my Lo d Lloward cane thither,
and defired he .'right Te there ; and de-
fired the ufe of i jine plate and goods of
Colonel Sidney'-. ; and then a^ked what

was become of

nis

matter ? And when

Ducas told him wha: he h a d of the per,
that fomethiiig was talked of, about the
affafiination of the King and the Duke, my
Lord Howard liffrd up his c}es, and h's
hands to heaven, and c'eclartd he knev/
nothing of if, but he believed Colonel
.SiJn:'y was a very honefi: man, and knew
nothing at all of any fuch matter; and as
for himfelf, rather than he would be taken
or confined again, he would do any thing.
This was the evidence they gave as to him.
Then they come with Mr. Howard, their
fecond witnefs; for I would take them in
order as they were produced, and he gives
you an account, that he met with my Lord
Howard, and my Lord Howard tbld him,
he knew nothing at all of any plot, and
did believe that Colonel Sidney was in-
nocent, and he did believe likewil'e that my
Lord Ruffel vvas innocent, and for his part
he kr.CA' nothing of any fuch thing as a
plot, but he fays, when he began to talk

A COLLECTIO

to him, why did he make fuch a buttic,
and go ib often into the citv, and concern
hiir.ldf about the making ot Siicrift's ? Ke
anTwered, I do nothing but what is in a
legal way, and he iuftiiied all that was
done to be only in a legal way.

When once people come lo believe, that
the raifing of tumults, and making fedi-
tions, iVirs and noifes, is a legal way to
obtain their ends, as we know 'tis the tenet
and principle of a great many people, what
will they not do under that pretence, that
all they do is according to law ? They
think it is lawful by the religion they pro-
fefs, to refill: and oppole the government,
and the " Old Caufc" is a " good Caufe"
to this day in fome men's opinion, and they
can die in it, and thank God for being con-
cerned in it. And there aie fome people
that fay, the raifing of arms by t!ie King's
authority againft his perfon is lawful by the
religion they profcfs, and they call them-
Proteftants (how^utlly you m:iy imagine)
and if men will make infurredions to diffi-
cult tiie government, it is rebellion, and
no man can judify ir, let him pretend con-
ftlcnce or what he will, 'tis rank treafon.
It is not faying, I am thus perfuaded in my
confcience, that v^ill excule the man ; if I
ftccr mylclf by the dicliates of a good and
rcoular confcience, it can never be thought
that I. Ihail commit treafon, but it is the
efleCl of evil principles.

Was it not under the fliape of religion,
that that blelTcd martyr King Charles I. of
ever bleflcd memory came to the block ?
Nay, and I have heard of fome men in the
late times that were engaged on that fide,
who finding that the King did prevail at i
the beginning of the war, becaufe he had
gentlemen of quality and Ipiric to appear
for him, were at a lofs to know which way
in the world they Ihould put a fpirit into
the common people to oppofe the King ; ;
and fome amon"; them bid them be fure to

N OF TRIALS. 70;

put religion to -be but the pretence, and
that would make them run headlong to
what they would have them. Whofc opi-
nion that was is nut flrange to any that
know any thing of the hiilory of thok
times. So that when once people take it
to be the principle of their religion to
oppofe and refift all that are not of their
pcrfuafion, and for religion lake to refift
authority, then they think all is lawful they
can do to preferve their religion as lono- as
they are wound up to that opinion.

Their next witnefs, gentlemen, is my
Lord of Clare, and he gives you an account
of his difcourfe with my Lord Howard.
And by the way I muft obferve, what I
am very forry for with all my heart, to hear,
that among gentlemen of quality and ho-
nour, difcourfes of the government, and
the male-adminiftration of it as they think,
Ihould be only matter of jeft fit for their
recreation, and laughter, only merry table-
talk, as though government, fo facred a
thing, were as mean as any trivial concern
whatlbever. I am forry to hear and fee,
that perfons of great honour and quality
(liould eftccm it lo. And I mud be par-
doned, it 1 take notice of it : For matters
of government, and yielding obedidnce to
fupcriors, is a matter of religion, 'tis a
ferious matter, and every man ought to
make confcience of it. To talk of govern-
ment with reverence, as well as pay duty
and obedience to it. And when 1 find ic
made ajeft, I muft be permitted to fay that
is not fo well done, and v.hoever it is
that makes it fo, ought very much to be
blamed.

My Lord of Clare comes and teflifics,
that my Lord Howard told iiim, he did not
believe my Lord Rufiel was guilty of what
he was accuied of, much lefsdid he believe
it of Colonel Sidney, ami when he began
to talk about writings tound in Sidney's
clofcr, he faid there can be nothing of his

Vol. I. No. 30.

8 Q

writings

7o5 ACOLLECTI

writings found, that can do him or any
man elle any hurt. This is the fubllance
of what that noble Lord has faid.

Then there is my Lord Paget, and he
likewife gives an account, that he Iiad
fomcdifcourfe with my Lord Howard about
the plot-, and he told him too, th.ar he did
not believe any thing of this plot, or that
my LordRufTel and others accufed had any
hand in it. But I would obferve this one
thing upon my Lord Paget's tellimony,
that llill my Lord Ploward was wiilied joy
by every body, and I am glad to fee your
heels at liberty, and the like. So that
there was fome jealoufy of his being con-
cerned ; fomething or other there was in
it. Says my Lord Howard, I look upon
myfelf as affronted, that any body fliould
talk fo of me. He was concerned that they
iliould fufpedt him. But fomething there
was at the bottom. Says my Lord Paget,
I am glad to hear you are out of it. For
he began to imagine there muft be fome
fire for all this fmoak. That, gentlemen,
was the difcourfe he had with liim. But
he fays, that with my Lord Paget there
were difcourfes of his going beyond lea,
but he did not go.

Then comes Dr. Burnet, and he tells
you, that there were proteftations made to
him, and he has got tlie fame words as the
Frenchman had, that he did it with lifted
up eyes and hands, he profefled folemnly
that he was altogether a Itranger to any
fuch thing. The Dodor fays, he had
heard there was a plot, and was perfuaded
of the truth of it, but he was a little
Ihaken by what my Lord Howard laid to
him. But now he is fufficiently fatisfied
there is a plot, and I am glad he is, for I
think it fcarce does remain a doubt, with
any men that have any value for tlie reli-
gion and government we live under. And
1 know not how they could be better fatis-
iv\\^ than by the evidence tliat has been
given of it, a main part of which was

ON OF TRIALS.

given by my Lord Howard. All this be-
fore my Lord Howard was taken.

Then comes in one Mr. Giiborne, and
he telis you the fame itory, that a great
while ago my Lord Howard told him he
knew nothing of the plot.

The next to him is Mr. Blake, and he
tells you, that after fuch time as the plot
was difcovered, and after my Lord RulTel
was tried, and after my Lord Howard had
given evidence at the Cld Bailey, he
lliewed him the warrant for his pardon,
and Blake telling him that was not fuffi-
cient without an actual pardon ; he replied^
I think in my confcience I flia'l not have
a pardon till the drudgery of fwearing is
over. But is that any argument ? Flere
is a man uixler the drudgery of fwearing j
therefore he did not know anv fuch thina
as he fwears, Ic carries thus much alon-j
with It, tnat It w,is unealy to hmi, and
that th^-re is a kind of a force put upon
him tp fwcar, as they fay, in order to his
pardoii.

But now, gentlenicn, that will admit of
this anfwer, and a plain one certainly it is,
when a man comes over and over again
to tell the world fuch a ftory, and give
fuch an account of himfelf, it muft a
little grate upon him, though it be his
duty to tell the truth, and though, as Mr.
Williams fays, he is the belt martyr that is
a martyr for truth ; even fo fjy I on the
other fide, he is the bePc penitent that is
a penitent for truth, and he is the belt
vvitnefs th it is a witnefs for truth's fake,
and he gives the bed teftimony of his re-
pentance, that by liis tcrtimony declares
the truth, though it be harfli and uneafy
to him ; for if I have any ingenuity, and
have lived in good credit in the world, ic
muft be a drudgery and irkfome thing to
call myfelf a traitor fo often in a court of
jufticc. It is true, he might have given
it a more moderate term, and yet withall,
upon thefe circumftances, he might have
, reafoa

A COLLECTIO

reafon to call ic in fome ienfe a drudgery. ^
hut now, gentlemen, as he did fwear it,
before he had his pardon tiom time to
time upon all occafions when he was called
as a witnefs : So now the pardon is come,
which they would have to be the reafon
of the continuance of his drudgery, he
fwears the fame thing. He has his pardon
under the King's feal, and though it might
be thought they would keep him within
the compafs of his tether till he had done
his evidence; now he has got thtt he de-
fired, he fwears the fame thing. And now
Jbis pardon does not at all influence his
teftimony, he is not under any fear, but
is as free as any fubjeft the King has, and
now he is upon his oath, he gives you the
account he has had, and he did fay all the
fame things, before fuch time as Colonel
Sidney and my Lord RufTcl were tried,
tliat he fays now.

Then, gentlemen, you have in the next
place witnefl'es called, feveral of them to
give you an accoimt of tire converfation
and difpofition of Mr. Hambden ; for,
lays Mr. Wdliams, a man to be guilty of
a crime of this nature, there mufl: be fome
kind of evil difpofition to it, ant! fo Mr.
Williams would argue and make this infe-
rence. You fee he is not a man of a tur-
bulent, feditious and factious fpiiit and
temper, he is a Itudious perfon, very re-
tired, tliat has been beyond fea much, and
came not home till fuch a time. And if
there were interlocutions between my Lord
Howard and my Lord Shaftsbury, it was
before he came into England, and fo he
was not conrerned in them. He fays,, that
March laft he was to go again, he had a
uiind to return again to France for his
health, and what reafon have we to ima-
gine he Ihould concern himfelf in the plot ?
\Vhen he v/as fo ftudious a man, lived fo
retired a life, and intended to go abroad
fo fuddcnly. And for this you have my
Lord Paget, Mr. Pclham, Sir Henry

N OF T R I A L S. 707

I'Hobart, Dr. Lupee, MonQcur Ju n-d, and:
! one Murray,

IVilliants. Murray, my Lord, we did
not examine.

L. C. y. It is true, I beg your pardon.
Well then, thefe others tell you, tliey hive
been perfons very intimately converfa.."*t
with him, they never knew he concerned
himfelf with any thing about government,,
butwasof a quiet peaceable demeanor, and
was fo far from that which the ind'iflmcnt
talks of turbulency and fedition, that thev
never had any difcourfe with him about
any fuch thing at all, fave what Dr. Lupce
fays, who it leems lived with him about
tv/o years, and kept him company in his
ftudics, and that once having a dii'courfe
about the Popifli Plot, he faid he would
venture his life, and any thing he had t(i
preferve the King and Government againlt
that plot; he did very well, and if he had
fince declared, he v/ou!d have ventured his
lire to have fccurr>d ihe King and Goverr,-
m.ent againft this plot, I fliouki hav^e been
glad to find him ot that m,ind, I pray Gcd-
you may find him to be lb. But from
the evidence even of that Frenchman, ic
lecms there was fome jealoufly in the
world, and that he lay under hard cenfures
as well as other people. For fpcakino- of
the plot, the advice given him was this.
My Lord Grey is gone, and the Duke of
Monmouth is gone, why vv'ill not you o-o ?
Why fliould that advice be given, if there
were no fuipicion of his being concerned ?
That he faid, *' I will not go," and fo
they would make his (laying here to be an
inftance and proof of his innocence-: Why,
gentlemen, if that fhould be fo, then there
was the fame innocency in my Lore' T, -jn'rij
and Colonel Sidney, and al! of the.-' ; I'or
ail the council of fix every one if them
llaid, except the Duke of Mcnmout.h,
and he indeed did abfcond. And the
fame evidence chat made the Duke of
i\1onmouth fly, and my Lord Ellex cift

hl3

COLLECTION of TRIALS.

his own tlifoat, convicted my Lord RufTt-l
and CoK.tK-l. Sidnt-y, and is now brought
,T-i,ainll r e defendant, and has from time
to tiir.e been given againft the reft. We
know no rcafon they had to (lay more
-thjn Weft and Rumfey had to ftay and be
t:iken, and yet that is not uled by them as
an argument of their innocency.

tiiem as an argument of his guilt. For if
a man had not been concerned in the bu-
finels at all, but were an honeft man and
free from fufpicion, vvhat need I talic of
concern myfelf to proclaim, mv own inno-
cency not being accufed ? \\hy muft 1
tell Colonel Sidney's footman, this man,
the other man, that I know nothing of the

Thefe are the evidences that have been 1 i)lot, and neither I nor any other man I
oivcn on the defendant's part ; and I tell I fure is concerned in it ? But that fhews

you as I go along what anfwers are given
to it on the part of the King. As to what
is fpoken of his intention to go again into
Ftance, if he defigned to go, why did he
not go before all this mifch;ef broke out ?
He came here at IVIichaelmas, and I may
fay he came, it may be at an unlucky
time, when the city and its neighbourhood
was in a diftemper, and fome men were
blown with fears and jealoufies. Thefe
mio-ht animate him, and infpirit him as
they did other people, and put them into
.a ferment-, but you lind him attending in
town, conftantly here till the matter was
difcovereii, whatfocvcr his intentions were,
it is much he did n"Dt put them into ac-
tion, it is n range he did not go all this
while, it had been much for his advantage
that he had never came out of France,
or that lie had returned thither much
fooner.

Ac^finl^ "11 ^l'''S '^''''^'^ ''■'^^ 1^'^°" urged for
the defendant about my Lord Howard, I
will tell you what is the anfwer to it ; and
truly tirft I fay,Lim apt to believe my Lord
toward did tell thefe gen-tlemen what they
hereteftify, but was it ever thought, that
any man that was guilty of high treafon
would prefently proclaim his own guilt ?
Is it reafonable to imagine, my Lord
Howard would cell Dr. Burnet, I am in a
plot, and Colonel Sidney is in a plot, and
^.Ir. Hambden is in a plot, and make it
his common talk ? Nay, it i'5 io far from
,beino an argument of his inn<}ccncy, that
;more naturally it may be turned upon

there was a dread and apprehenfion upon
him of Something that he was confcious
of, and that lying within it muft have
fom.e vent, and this over-caution is an
intimation that there was fomethino more
than ordinary in the matter. We take no-
tice of it as a great evidence againft a man
that is accufed for an highway-man, if he
comes to fuch an ale-houfe or inn, and
bids t'le people take notice I am here
at fuch a time of the day, and that is a
circcmftance of time that will ferve to an-
fwer a proof, it may be, that may be
brought againft him of a robbery done
fuch a time-, but we always look upon
that induftry of theirs, as a piece of artifice
defigned to patch up a teftimony to evade
a proof. So that the argument will tuiii
the other v/ay ; and it is- more for the ad-
vantage of thefe worthy gentlemen, that it
ftiouki be turned the othLr way, foroiher-
wife they would be thought to be perfuns ill
afftdled to the governmei-.t -, that is. Dr.
Burnet, my Lord i'agtt, my Lord Claie,
and the reft. And if they have a mind to
be thought otherv/ile, they muft let the ar-
gument run that way as I fay, and in cha-
rity we ought to believe the beftof all man-
kind, till we find otherAife by theni. We
fay then in charity, we liippofe he thought
it not fit to intruft you with his confcfllons ;
for you are all loyal men, I know it is the
beft anf.ver that can be given, and thit
which they ought to value themfelves upon
for their own credit and reputation, and
not to make it an argument againft my

Loid

A COLLECTION

T R I A L S.

70 )

Lord Howard, or againft the credibility of f may bf believed, and God forbid but they
his tertimony in the matter. ' \ fhoulii be believed according to truth. But

I do not know, truly, gentlemen, that I j I fay, if obji-dions of thi? nature are to pre-

thing tiiat IS mate-

have omitted any one
rial, on the one fide or on the other, of which
there hath been any proof, but I mufl: only
repeat to you this, here is a matter of great
concern and confequence, a matter wherein
the peace of the government and the king-
dom is concerned in a very high degree, a
rjiatter, that if there were another witneis
as pofitive againft the defendant as my Lord
Howard, would amount to no lefs than high
treafon. But as there is but one witneis,
backed with thefe circumitances to corro-
borate his teftimony, it is but only a tref-
pafs, but I tell you it treads very nigh upon
high treafon, and the tendency of it was to ,
bring us all into confufion : and what
would be the confequence ot that, but to
lay us open to the fame mifchiels that we
were under in the times of the late rebel-
lion ? For though men pretend never fo
fair, and vail it under the names of the
" Security of the government and the Pro-
teftant religion •" yet they would have
done well to have tarried till they had a le-
gal authority to call them to confult of
thefe high matters that they pretend to fe-
cure ; that had been well. What had
thefe gentlemen to do to take upoQ them-
felves this power without authority.

Gentlemen, you have heard the evidence,
and you fee what it is. And I muft fay, in
the late evidences you have had concern-
ino- another bufinels of this nature, I wifli
that might be faid to preferve and fupport
the credit of lome perfons, upon whole tef-
timonies lives have been taken away, as has
been faid, and is evident for the advantage
of my Lord Howard. I do not find that he
has been guilty of perjury, as being con-
cerned in taking oaths one way, and then
giving evidence another. I mean, firft
taking oaths of lecrecy and then revealing ;
not but that notwithilanding all this, they

Vqfc. I. No. 30.

vail, we mud never expedl any great crmie,
to be pun i filed, becaule ve mufl (hy till
perfons that are fcrangers to the guilt of the
raft come to give evidence of ir, which is
impofiible to be done.

Therefore, gentlemen, I mliU reiblve it
all into one head ; you have the cafe of a
gentlemau of quality on the one fide, and
the peace and prefcrvation of the govern-
ment on the other (ide. You hear what is
proved againft him, theevidei;ce given on
his behalf, the objeftions that have been
made by the counfcl, which aU of them as
near as I can remember, I have repeated to
you, and I an< your pardon and theirs if I
have omitted any thing, and I defire to
be minded of it. Your hear the aniwers
that have been given. And becaufe riie,
counfel were unwillino; to give the court
trouble or themfclves to make longfpeeches
and oblervaaions, therefore I have been ne-
ceflitatedto do it as well as I can.

Upon the whole matter, my Lord How-
ard has thus pofitively fworn the matter of
faft charged in the indiftment againll the
defendant; he has been lupported by rh-'
witnefl^es that confirm the circumftances of
Smith's going into Scotland, the Scotch-
men's being here in June, and the fliam and
cant of Carolina. All which you hav;:
heard, and I make no qutllion obfer.ed,
and is not contradifted by any thing I hear
that carries any probability of an anfwer.
Therefore, gentlemen, 1 leave it to you,
whether upon this evidence you will take i:
upon your confciences and oaths, that my
Lord Howard is guilty of wilful and cor-
rupt perjury, then you muft find the defen-
dant not guilty ; but if you think he has
proved the matter fully, and his teflimon/
is fupported by thole four witnefies, Attcr-
bury, Sir Andrew Foller, Sheriffe> and Bell,
8 R then,

yio

A COLLECTION of TRIAL

then, gentlemen, you mud find the defen-
dant guilty.

Juryman. My Lord, we defire to ask
one queftion. At the roeeting at Mr.
Hambden's houfe, Ithink my Lord How-
ard fiys they went to dinner.

Jull. HoUoway. No, it was at Colonel
Sidney's they went to dinnt- r.

L. C. y. I know not whether you have
taken notice of it, hut I have, it was at
Colonel Sidney's thry dined, not at Mr.
Hambden's.

Then the jury withdrew from the bar,
and within half an hour the jury re-
turned, and being called over an-
fwered to their n.imes, and gave in
their vcrdicl thus :

Cl.cfCr. Are you all agreed of your
verdid ?

Omms. Yes.

CI. ofCr. Who fliall fay for you ?

Omnes. Foreman.

CI. cfCr. How fay you ? Is the defen-
dant guilty of the trefpals and mifdemea-
iior whereof he is impeached, or not
guilty ?

Foreman, Guilty.

Which verdia being recorded, the court
roie

vided the other day of a great mifdeniea-
nor.

L. C. J. Let Mr. Hambden come into

the court then.

[Which he did.

Mart is 12. Fehuarir, An. \6%^,
Lord Chief Jujlice.

B.R.

MR. Attorney, have you any thing to
move ?
/lli. Gen. I pray your judgment againfl:
Mr. Hambden, my Lord, who was con-

/lit. Gen. My Lord, I need not aj:,gra-
vate the hcinoufncfs of the offtnce ; for it
appears both by the intormation, and upon
the evidence to be beyond al! aggiavation,
wherefore I fhall only pray your judgment
for the King, that you would pleal'e to fct a
good fine upon him, and that lie find lure-
ties for his good behaviour during his life.

IVilliains. May it pleafc your Lordfhip,
I am of counfcl for Mr. Hambden.

L. C. y. Are the rules out in this caufe ?

IFilliams. Ye«, my Lord, they are our.

L.C.y. Well then, v\hat fay you for
Mr. Hambden ? ^'-' ■'■■'

JilUiams. Mr. Hambden does attend
here according to the condition of his recog-
niziince, and fince Mr. Attorney hath
prayed your judgment, I fhall not ftir any
thing as to the indictment or the verdift,
but all I have to fay for him is this, Mr.
Hambden is but heir apparent, his father
is alive, and fo tho' he has tlie profpecl of a
good eftate, yet he has but little at prefent
in poflefiion -, your Lorciniip knows what
Magna Charta lays, that there fhould be a
Salvo Contenemento in all fines, and how far
that may bean ingreditnt into your Lord-
fliip'sjudgment,! leave to your confideration.

L C. y. For that matter I cannot tell
what his eftate is I have no knowledge of
him, nor of his eftate whether it be great
or fmall, but Mr. Williams knows very
well, that the crime, in confcience as well
as law in cafe it had been proved by two
witnefles, would not only have wrought a
forfeiture of all his eft:ate, but a forfeiture
of his life too, and all his reputation, would
have baftardized his children, would have
attainted and corrupted his blood. So that
there is no fort of imagination but that the
crime was high enough of confcience, and
certainly deierves, it we can impofe it ade-
quate

A COLLECTIO

qu.ita to its defert, a very great punifhment.
Mr. Hambdc-n nor liis coiinli.] can deny
but that they had a fair and a full hearing,
they had the liberty to fay and prove all
that ihey could, and you cannot but fay,
Mr. t\ ttorney was vrry ulr in making fe-
vcral conceffions that he might very law-
fully and rightfully have iniifted upon, fo
thjt there can be no exception of thai: kind.
I amforry, that Mr. Hambdcn, a gentleman
of good q'jality as he is by birth, though
he be a perion 1 revei- f;.w before lie came
here the lift day of i[:e la'l term upon his
Habeas Corpus, that I know uf. I fay, I
am forry o^ c of his quality anJ education,
a ftudiuu.s perfon, as it leems, by nis own
natural inclinat.on, and a learned man,
Ihould be fo uniKppily ' n^raged in a de-
fign of this horridly evil nature. But on
the one fide as weil as we mud take care of
the fubjed:, fo on the orher v/e niuft take
care of the government. Here was a de-
fign of deftroying the King, and fubverting
tiie government and brins'ina ail into con-
fulion. Ot this defgn the defendant is
convidted, and v;e mull take care to pro-
portion the punilliment, and according to
ourconfciences and oaths, and as we ought
to have regard to the offender, fo alfo we
are to have regard to the government that
he has offended.

Jull. JP'ilhins. Mr. Williams, it was
amercements that were fpoken of there in
Magna Charca.

L. C. J. Ay, it was never meant of fines
for great offences.

Then the Judges confulted together.

Juft. IFithins. Mr. Hambden, you know
you are convided of a very great offence,
as gre-at an ofence as can be ! ihin.k com-
mitted, unlcfs it were high trealbn. For
the matter of it would have made you
guilty, if there had been two witneffes. It
was for conlpiring to levy war againft his

N OF T R I A L S. 711

Majefly, and for confpiring to raile an it
furredlion and rebellion within the kino--
dom, a confpiracy of which fomc oihc'"
peHons being lawfully convicted, they have
fuffered death for it. You are a perfcn of
in extraordinary good family, and I arn
lorry one of your family that has flourifhed
!o long and through lo many generarion-;,
in great honour and reputation, and gr.-at
prtijperity under the monarchy of England,
fhould cometo C( n'p're to deprive that Kino-
of his government, whole anccflors have pro-
tected and defended yourfanfily, andtofpoil
that monarchy that has b;;en the fountam of
fo much^j rofperity and honour to it, I am
ibrry it comes to my turn to pronounce the
ientence of the court upon you, Mr. Hamb-
den. I have not any p^rlbnal knowledge
of you, but I have heard of you, and heard
heretofore very well of you. You have had
a good education and the report of a
learned and ingenious perfon, which makes
me yet wonc!er the more that you fliould
eno-ajic in llich a horrid dcfi<j:n as this was
Indeed, Mr. Hambden, I am fatisfied no
fine can be too great, if any can be great
enough tor fuch an offence. We cannot
take cognizance what your eftate is, it is
reported there is a great effate in your fa-
mily, it has been always reprcfented to be
\'o.

Hambden. I have nothing but for life,
and that i.« but little neither.

Jufl. IViihitis. I know not v/hat it is truly.
Sir, but it was always reported to me to be
a very great ellate, but vvhatfoever it is, v.e
are to look after the proportioning the pu-
nifhment as near as we can to the offence.
My Lord, and the court have conOderedof
the matter, and they think fit to give this
judgment upon you.

Th:y fet the fine of forty rhoufand
pounds upon you, to be paid to the
King, and you muft be commiited
till you pav it.

L. C. J.

'12

A COLLECTION of TRIALS.

L.C.J. And thit you find fuicties for ( of jullice, fo he is alfo of mercy,' and yo^

your good behaviour during your lire

yht. Gen. I pray he may be.comruitted
ifor his fine.

L. C. J. Let it be fo. Mr. Hambden,
if you will apply yo\ir!elf to the King, you
njay, ai.d there perhaps you msy find
mercy ; we mufr, according to the duty of
our places and oaths, give fucli judgment
as the law requires.

Jult. Jl'itbins. Ay, in God's name. You
are in the King's hands, and he may do
what he pleafes in it.

L. C. J. If a crime of this nature fhould
have a little puniihment, it might encourage
offenders, and if we were to judge accord-
ing to fome verdifts that have been given
here for lefs offences, where gentlemen
have given very much greater damages
than tnis fine amounts to, this would be
thought a moderate fine. I am forry any
man fliould bring himfclf into thefe circum-
ftances : The Kmg as he is the fountain

'•nd all the reR of his fubie<5i:s have caufe to
blcfs God that you live under a Monarch
that is very merciful. No doubr, if you
give a good account of your contrition and
forrow for your great offence, and decently
apply yourfelf to the King, he will think
of (hevving mercy to you ; but juftice is
our work that are judges •, and according
to the methods of jultice we think we can-
not innidl lefs than we have done.

lFillia})n. My Lord, I pray his bail may
be difcharged.

L. C. J. Ay, his bail is difcharged, he
being committed.

JFilliams. And for the liigh treafon, he ■
is difcharged by the Habeas Corpus A6t.

L. C. J. Yes, he is fo, for there is no
prolecution.

Then Mr. Hambden was carried by
the Marflial away priibner.

The Trial of the Moft Reverend Father in God Dr. William Sancroff, Lord Arch-
biiliop of Canterbury ; and of the Right Reverend Fathers in God Dr. Wil-
liani Lloyd, Lord BiHiop of St. Afaph ; Dr. Francis Turner, Lord Bifhop of
Ely ; Dr. John Lake, Lord Bifliop ot Chichefter ; Dr. Thomas Kenn, Lord
Bifliop of Bath and Wells ; Dr. Thoma- White, Lord Bifhop of Peterborough ;
and Sir Jouathan Trelawney, Bart. Lord Bi(hop of Briftol, for a (pretended)
Libel before the Court of King's-Bench, in Trinity Term, June 15, i688. 4
Jac. il.

KING James H. publifhed a declaration
for Liberty ofConfcience, onthe 27th
Of April, 1688. (in which was recited a
former declaration) : And an order of

council was made on the 4th of May fol-
lowing, commanding it to be read in the
time of divine fervice in all churches and
chapels in the cities of London and Wclt-

minfler.

A C O L L E C T 1.0

mlnfter, and within ten miles thereof, on
the aoth and 27th of May (being Sundays),
and in all other churches and chapels in
England on the 3d and 10th of June,
which were likewife Sundays: And that
the Bithops (hould caufe the laid declaration
to be fenc to, and diflributeil in their re-
fpeftive diocel'es, and order the fame to be
read by their clergy.

The Bifhops and clergy about town, af-
fembled hereupon at the Archbifhop's pa-
lace at Lambeth, to advife what was proper
to be done on this occafion : And after
fome debate, the Archbifhop, by the ad-
vice of his brethren that were prefent,
wrote to all the Bifhops of his province to
come to town, or fend their opinions of the
matter : And it being found that eighteen
of the Bimops, and the main body of the
clergy concurred in a refolution not to read
the declaration, his Grace the Archbifliop,
with Dr. Lloyd, and the other five Bifhops
above-mentioned, drew up and figned the
following petition.

*' To the King's Moft Exc-ellent Majefty ;

" The humble petition of William Arch-
bifliop of Canterbury, and of divers of the
Suffragan Bifhops of that province (now
prefent with him) in the behalf of them-
fclves, and others of their abfent brethren,
and of the inferior clergy of their refpedive
diocefes, humbly iheweth,

" That the great averfenefs they find in
themfelves to the diftributing and publifli-
ing in all their churches your Majefty's late
declaration for Liberty of Confcience, pro-
ceedeth neither from any want of duty and
obedience to your Majefty, our holy mo-
ther the Church of England, being both
in her principles, and in ber conftant prac-
tice, unqueftionably loyal, and having (to
her great honour) been more than once
publicly acknowledged to be fo by your
gracious Majefty ; nor yet from any want

Vol. I. No. 30.

N. or T R lAL ?. yjf

of due bndernefs to diirenters, in relario.i
to whom they are willing to come to fiicli
a temper as Ihail be thought tit when that
matter ftiall be confidered and fettled in
Parliament and Convocation : But amonsil
niany other confiderations, from this elpe-'
cially, becaufe that declaration is founded
j^upon fuch a difpetifing power as ha;h been
rotten declared illegal in Parliament, and
particularly in the years 1662, and 1672,
and in the beginning of your Maiefty's
reign ; and is a matter of fo great moment
1 and conlcquence to the whole naiio.n both
I in church and ftate, that " your petitioners
i cannot in prudence, honour, or con-
I icience," fo far make themfelves parties to
I it, as the diltribution of it all over the
nation, and the lolemn publication of it
j once and again, even in God's houfe, and
in the time of his divince fervice, muft
amount to, in common and reafonable con-
ftrudtion.
I "Your petitioners therefore moft humbly
and earneflly befeech your Majeily, that you
will be gracioufly pleafed not to infift upcn
their diftributing and reading your Ma-
jefty's laid declaration.

" And your petitioners (as in duty
bound) ftiall every pray, &c."

On the 1 8th of May, tftvo days before
the declaration was to be read, the fix
Bifhops (the Archbifliop being indifpofed)
attended his Majefty at Whitehall with their
petition; at which he appeared highly in-
cenfed, and angrily told them, he had
heard of it b_'fore, but did not believe it :
He did not expcd this from the Church of
England, efpecially from fome of them ;
If he changed his mind, they fliould hear
from him : If not, he expedted his com-
mands fliould be obeyed. To which the
Biflaops replied, they refigned themfelves
to the will of God, and then withdrew.
The King finding his declaration neglefted,
8 S rclblved

A COLLECTIONoF TRIALS.

r-folved to proftcute the feven BiQiops,
whom he looked upon as the occafion of it :
And they were accordingly fvunmoncd to
appear before the council on the 8th of
J Line, when thefe prelates attending the
board, it was demanded of them, if they
owned the petition ? To which tlv^-y an-
fwered. As they ftood there as criminals,
they hoped his Majcfty would not take- ad
advantage againft them : But being piTfl'cd
to own it by the Lord Chancellor Jeftcries,
the Archbifhop at length confefled that it
was written with his own hand, and that
the reft had figned it ; and lie hoped they
had done nothing but what they could
juflify : Whereupon t! e Lord ChnnceHor.
ilemanded, if they would enter into recog-
n zances to appear in the Court of King's
Bench, to anlwer this niifjemeanor ? The
Biiliops anfwered, as they were Peers, tliey
were not obliged to give Iccurity on being
charged with a mifdemeanor in the firft
inftance, and looked upon then^felves to be
bound in duty to maintain the rights of the
Peerage, as well as the rights of the church.
And Jefferies threatening to fend them to
the Tower, unlefs they withdrew their pe-
tition, and obeyed the King's declaration,
ihey anfvvered, " They were ready to go
vvhcrever his Majefty pleafed : That they
hoped the King of Kings would be their
Protedor and Judge: They had afted ac-
cording to law and their own confciences •,
and no punifliment fhould ever fhake their
rrl'olutions." Whereupon a warrant was
drawn up to commit them to the Tower
for framing and publifliing a feditious libel
againft his Majelly and his government,
as the petition was called. Which warrant
was figned by the LordChancellor Jeflerics,
tl.e Earl of Sunderland, PrefiJent of the
Council i the Lord Arundel, the Marquis
of Powis, the Earls of Mulgrave, Llun-
tingdon, Peterborough, Craven, Murray,
Middleton, Meifort, and Caftlemain ; the

Lords Dartmouth, Godolphin, and Dover,
Si'r John Ernie, Sir Edward Herbert, and
Sir Nicholas Butler.

And as a tumult was expefted on the^
commitment of the Bifliops, they were or-
dered to be carried to the Tower by water :
However, the people came in crowds to
the Thames-fide, applauding the courage
of the Bifliops, and wifning them a happy,
deliverance: An-d they, were no. foon'er
landed at the Tower, 'but the officers' and
ibldiers of that garrifon fell upon their
knees, and begged the blefilng of tHofe'
Right Reverend Faihero: Whereupon the
King commanded fome other companies ■of
foldiers to march into the Tower, in v.'hotn.
he had more confidence. ,' ■ ■ - . . :. ;•

1 his fhort ftate of the crSt f«/emed nc:
ceflary to be prennfed, for the better un,-.
deritunding of the fodowing trial.

On the. firft day of. Trinity Term,- which?
fell on Friday the 15th of June this year,.,
the Court of King's-Bench being fet., and,
all the four ju ^ges upon the Bench, viz.
TheLordChiefJuftlce (Sir Robert Wright)
Ml". Juftice HoHoway, Mr. Juftice Powell,,
and Mr. juflice Ailvbone.

Mr. Attorney General, Sir Thomas
Powis, moved the court for an Habeas
Corpus, returnable immediate, to bring up
my Lords the Bifliops •, v-hich being grant-
ed, Sir Edward Kales, the Lieutenant of
the Tower, brought my Lord Archbifhop,
and the oiiier fixEilhops, into court, about
eleven o'clock the fame day: And the
return being read, it appeared that their
Lordfhips Were committed to the Tower by
virtue of a warrant under the hands and
feals of George Lord Jefferies, Baron of
Wem, Lord -High Chancellor ofEngh'.nd ;
Robert Earl of Sunderland, Lord Pre-
fident of the Council, ;ind tlie reft of the
Privy-council above-mentioned, '* For con-
triving, making and publilhing a feditious

iibd,

A COLLECTION

libel in writisg, againfi: his Majefty and
tiv; government."

OF TRIALS.

7^5

I'lie retLirn be\o^ filed, Mr. Attorney
moved, that the information he had pre-
ferred againft his Grace, and the reft of my
Lords the Bdhops, might be read.

Whereupon Sn- Robert Sawyer, of coiin-
fel for my Lords the Biihops, moved that
rhey miglit be difcharged before any thing
was read, becaufe they v/ere noc legally
comm'tted. Mr. Sollicitor, Sir William
VViliiams, faid, in bc-'udf of the King, that
this "wa-S an Habeas Carpus brought by his
Majefty, and not by the prifoners ; and
therefore they muft lee firll what the King
had to fay to them.

Mr. Serjeant Pemberton, and Mr. Fincii,
two more of the Bifnop's coiinfel, ftill in-
f-iC\S\.\ that their LorPnips ought to be dif-
charged before the information v/as read,
I. Eecaufe the return faid they were com-
mitted by fuch and fu.ch Lords of the
Couicil, but noT " in Council •," and thofc
Lords baii 'no power ;^out of Council) to
commit.

2. Becatife a Peer cannot be committed
for a mifdemeanor, but ought to be ierved
with tiie ufuai proccfs of a hibpcena.

Mr. Poliexfen, another of the Bifhop's
counfcl, alfo urged, that my Lonis the
Bifhops ought to be difcharged before the
information wai read : But it was ruled by
the court,- i. That every commitment
fhould be prefumed to be purfuant to the
power of the perfons committing. And,
2. That the making a fcditious libel was a
breach of the peace, for which fecurity of
the peace nfight be required of them, not-
v.'ithftanding their privilege of peerage :
And thereupon the iniorniation was ordered
to be read.

The information fet forth, that tlieKing,
out of his fignal clemency and gracious in-
tention towards his fubjefts, by his royal
prerogative on the 4th day of April, in the
jd year of h:s reign, did publilh liis r-oyal

declaration, entitled, " His Majefty's Gra-
cious Declaration to all his loving Subie(fts
for Liberty of Confcience. j^Then the de-
claration itfelf is inferred, the purport
whereof was] That it had always been hi.s
Majefty's opinion, that confcience ough not
to be conftrained, or people forced in mat-
ters of meer religion. That it v^'as contrary
to the intereft of government, by fpoiling
trade, depopulating countries, and difcou-
raging flrangers ; and that it never obtained
the end : That his Majefty therefore had
thought fit to ifTue forth this declaration of
indulgence, making no doubt of the con-
currence of the two Houfes of Parliament,
when they fliould meer.

And firft he declared. That he would
prote6i and maintain the clergy, and other
members of the Church of England, in the
free exercife of their religion as by law
eftabliflied, and in the full enjoyment of all
their pofleftions -, but that the execution of
all manner of penal laws for nonconformity
in religion, (hould be immediately fufpend-
ed : Provided that fuch nonconformifts
meet with their doors open, and preach no-
thing that fhould tend to the difturbance of
the government ; and fignify their place of
meetmg to fome neighbouring Jullice of
Peace. And that his Majefty might have
the benefit of the fervice of all his fubjects,
he further declared, that neither the teft,
or the oaths of fupremacy or allegiance,
ftiould be required to be taken orfublcribed
by any perfon, on their admillion into of-
fi-ces, for the future ; and did grant a free
pardon to all rhoie who had committed any.
thing contrary to the faid penal laws : And
he thought fit further to declare, 'i'hat he
would maintain all his fubje^fs in thirir pro- •
perties and poficffions, as well of church
and abbey-lands, as in any other their lands -
and property whatfoever, and the informa-
tion further fcts forth, that on the 27th of
April, in the 4th year of his Majefty's •
reiyn, he pubiiihcd anotiier uecldraiion, ,

(_ which .

•fc">

7i6 A C O L L E C T I O

(which rs recited in the information) the
I'luvport whereof was, That ever fince his
M.iief!:y .had granted the aforefaid indul-
gence, he had made it his principal care to
l.-e it obfcrvcd without diftinftion ; which
his: Majefty was encouraged to do, by the
ifnultitudcs of addrefles he daily received
from his fubjedls of all perfuafions. That
in purluance of this great work, he had
been forced to make many changes both of
civil and milit.iry officers throughout his
dominions; not thinking any ought to be
.employed in his fervice, wiio would not
• contribute towards the peace and greatnefs
of his country : And he conjured all his
fubjefts to lay afide all private animofities
and groundlels jealoufies, and tochufe fuch
Jvlembeis of Parliament, as might do their
part, to finifh what he had begun, being
relolved to call a Parliament, which fliould
meet the following November at farthelh

And the information further fets forth,
that on the 4th of May, i688j it was or-
dened by his Majefty in council, that the
laid laft: mentioned declaration, bearing date
tlie 27th of April laft, (in which the firft
is recited) fliould be read in the ufual time
of divine fervice, on the 20th and the 27th
of the faid month of May, in all churches
and chapels within the cities of London
and Weflminfter, and ten miles thereof;
and upon the qd and loth of June then
next, in all other churches and chapels
throughout the kingdom; and that the 1
Right Keverexid the Bifhops fhould caufe 1
the faid declaration to be fent and diftri-
buted throughout their feveral diocefes, to
he read accordingly : And that the faid
i\rchbifliop and Biihops, the 18th day of
May, in the faid 4th year of his Majefty's
reign, having confpircd and confulted
among themfelves to diminifli the King's
power and prerogative, did falfly, unlaw-
fully, malicioufly, and fcandaloufly, m ikc,
compofc, and write, a falfe, fcandalous,
iiialicious, and icditious libel, under pre-

N CF TRIALS,
tence of a petition, ftilcd, " The humble
Petition, Sec." (which v/as alfo recited in
the information)

Wliich faid libel, the faid Archbifhop
and Bifhops, having refpeftively fubfcribed,
did, on the faid iSthday of May, in the
faid 4th year of the King, caufe to be pub-
liflied in the prcfence of our faid Lord the
King, in manifcft contempt of his Majefby
and of t!ie laws of this kingdom, to the
evil example of others, and againft the
King's peace, &c. Wiiereupon the faid
Attorney-General, in behalf of the King,
prays advice of the court and proccfs of
law, to be made out againft the faid
Archbifliop and Bifhops, to anfwer the
faid Lord the King, concerning the pre-
raifes, &c. Signed,

Thomas Povvis,
William Williams.

(The Attorney and Sollicitor-General.)

After reading the information, Mr. At-
torney moved that my Lords the Bifliops
might plead to it immediately ; which was
oppofed by the Pifliop's counfel, and time
defired to put in their plea till the next
Michaelmas term.

But the King's council infifting, that
where a man appeared upon a recog-
nizance, or was in cuftody, or appeared in
propria perfona, as a priviledged perlbn, he
ought to plead at the firft inftance : And
Sir Samuel Aftry, and the rtft of the old
officers of the court affirming, that this was
the conftant practice, it was ruled, that
my Lords the Biihops fhould plead imme-
diately, which Mr. Sollicitor obferved was
no hardffiip ; for it was -igreed on all
hands, that in cafe of life and death, a man
muft plead prelently ; and a fortiori^ he
held it was lb in the cafe of a mifdemeanor;
for if a perfon was nor be allowed time
when he pleaded for his life, there was
much lefs reafon he fhould have time to
anfwer a trp fpals ; (though wbere one ap-
pears

A COLLECTIO

pears iipoi> a fnmmons indeed, according
to the praclice of the court, he has an im-
parlance of couric.)

This point being ruled againft the
Bifhops, his Grace the Archbifliop flood
up, and offering a paper to the court, he
faid,

" My Lords,
" I tender here a fhort plea, in behalf of
myfelf, and my brethren, the other de-
fendants ; and I humbly defne the court
will admit of this plea."

And the Chief Juftice frying, it fliould
have been in Parliament •, his Grace re-
plied. We will frand by it, my Lord ; it
is fubfcribed by our counfel, and we pray
it may be adm;tted by the court.

Then a tranflation of the plea was read,
■which was as follows :

" And the aforefaid William Archb'iliop
of Canterbury, Wiiliani Billiop of St.
Afaph, &c. b.ing prefent in court in their
own perfons, pray Oyer of the information
aforefaid ; and it is read to them : VVhich
being read and heard by them the faid Arch-
bifhop and Bifhops fay, that they are Peers
of this kingdom of England, and Lords of
Parliament -, and each of them is one of the
Peers of this kingdom of England, and a
Lord of the ^'arliament ; and that they
being (as before is manifcll) Peers of this
kingdom of England, and Lords of Par-
liament, ought not to be compelled to
anfwLf inftantly for the mifdemeanor afore-
faid, mentioned in the faid information ex-
hibited here againil them in this court ;
but they ought to be required to appear by
due procefs in law ilTuing out of this court
here, upon the information aforefaid, and
upon tiieir appearance to have a copy of
the faid information exhibited againft them,

Vol. I. No. 30;

N OK T R I A L S. 717

and reafonable time to imparl thereupon,
and to advife with counfel learned in the
law concerning their defence in that be-
half, before they be conipelled to anfwer
the faid information. Whereupon, for that
the laid Archbifhop and Bifhops were im-
prifoned, and by writ of our Lord the
King o{ Habeas Corpus, directed to the Lieu-
tenant of the Tower of London, are now
brought here in cuftody without any pro-
cefs upon the information aforelaid ill'ued
againft them, and without having any copv
of the faid information, or any time given
them to imparl or be advifed : They pray
judgment, and the privilege of Peers of
this kingdom, in this cafe to be allowed
them ; and that they the faid Archbifnop
and Bifhops may not be compelled in-
ftantly to anfwer the information afore-
laid, &c.

" Rob. Sawyer,

" Hen. Finch,

" Hen. Pollexfen."

Upon reading this plea, Mr. Attorney
faid, this was fuch an unfair way of pro-
ceeding as would not be endured \n an or-
dinary cafe : And he hoped fuch a plea
would not have lb much countenance as to
be received in court.

Mr. Serjeant Pemberton anfwered, they
put m that plea, and were ready to abide
by it: That it was according to the courfe
of the court, and ought to be received :
That it was no fuch great di!refpc(it to the
court to put ih.: fame matter into a pJea,
which had been uefired upon a motion.
But the Chief juftice replied, the Bifnops'
counfel h;id not dealt ingLniouily with the
coi.rt after four hours debate, and the
opinion q; the court delivered, to come and
fum up all the argurnents in fuch a plea as
t. is ; and to put them upon de-bating the
matter over again : And he thought the
court was not bound to receive this n!ea,
8 T but

71 8 A C O L L E C T I

but mi[;hr rejefl; ir, ar.d oblige the Lords
the Hifhops to plead over. And Mr.
JuiVicc Hollov^ny an.i AUybone being of
the f.ime opinion, (and only Juftice Powti
for receiving the pka) it was agreed : After
which thi? Billrops feverally plea:ded, No't
Guihy. And the trial was ordered ro be
at the bar of the Coort of' King's-Bcnch
that day fortnight. It was aifo ordered,
that forty eight gentlemen fhould be re-
turned on the panne), and a jury ftruck in
the prefcnce of the Attornies anct SoUicitors
on both fides: And the Bifhops in the
Hiean time were admitted to bail, his Grace
of Canterbury entering into a recognizance
of 20ol. and the reft of the Bilhops in
lool. a-piece, to appear in court that day
fortnight \ and fo from day to day, till
•they fliould be difcharged. Ancl the
Kng's counfel did not infift on their
giving any fecurity but their own recog-
iiizances.

The court fitting again on Fiiday the
29th of June, and the Bifhops appearing,
the jury werecalled, confifting of the fol-
lowing gentlemen, viz.

JURY.

Sir R. Langley, Br. Wm. Avery, Efq.'
Sir Wm. Hill, Knt. Tho. Auften, Efq.
Rog. Jennings, Efq. Nicli. Grice, Efq.
Tho. Harriot, Elq. Michael Arnold, Efq.
J. Nightingale, Efq. Tho. Done, Efq. and
Wm. Withers, Elq. Rich. Shoreditch, Efq.

The jury being fworn, the information
was read (which fee above). Then Mr.
"Wright opened the information, and Mr.
Attorney-General fpoke as follows on the
occafion.

////. Gen. May it pleafe your Lordfhip,
and you Gentlemen of the Jury, you have
heard this information read by the Clerk,
and it has been likewife opened to you at
the bar; but before we go to our evidence.

ON OF TRIALS.

perhaps it may not be amifs for us, that
are of counfel for the King, now in the
beginring of this caufe, to fettle the
quellion right before you, as v/ell to tell
you what my Lords the Bifhops are not
profccured for, as what they are. f irft, I
am to tell you, and I believe you cannot;
yourfejves but obferve, that my Lords are
not profecuted as Bifliops, nor much lefs
are tiiey profecuted for any point or matter
of religion-, but they are profecuted as
fubjeds of this kingdom, and only for a
temporal crime, as thofe that have injured
and affronted the King to "his very face;
for it is faid to be done in his own prefence.
In the next place they are not profecuted
for any non-feafance, or not doing, or
omitting to do any thing, but as they are
actors for cenfuring of his Majefty and his
government, and for giving their opinion
in matters wholly relating to law and go-
vernment. And I cannot omit here to
take notice, that there is not any one thing
which the law is more jealous of, or docs
more carefuRly provide for the prevention
and punifliment of, than all accufations
and arraignments of the government : No
man is allowed to accufe even the mofl in-
ferior magiftrate of any misbehaviour in his
ofHce, unlefs it be in a legal courfe, though
the fa6l is true; no man may fay of a
Jurtice of Peace to his face, that he is un-
jufl in his ofHce; no man may come to a
Judge, either by word or petition, and tell
him, you have given an unjuft, or an ill
judgment, and I will not obey it; it is
againft the rules and law of the kingdom,
or the like ; no man may fay of the great
men of the nation, much lefs of the great
officers of the kingdom, that they do aft
unreafonably, or unjuftly, or the like;
leaft of all may any man fay any fucli thing
of the King ; for thefe matters tend to
pofTefs the people, that the government is
ill adminiftereci, and the confequence of
that is, to let them upon definng a re-
formation.

A COLT. ECTIO

formation, and what that tends to, and will \
end in, we have all had a flid and too dtar-
boiight experience; the laft age will abun-
dantly fatisty us whither fuch a thing does
tend : Men are to take their proper re-
medies for redrefs ot" any grievances they
lie under ; and the law has provided fuffi-
cicntlv for that. Thefe things are fo very
well known to all men of the law, and
indeed to all the people of England of any
underftanding, that I need not, nor will
not, ftand any longer upon it, but come
to the matter that is now before you to be
tried. The faft that we have laid, we mull
prove, rather to keep to the formality of a
trial, than to pretend to inform you, or
tell you what you do not know. It is
publicly notorious to the whole world :
but becaufe we muft go on in the regular
■fiiechods of law, we fliall prove the faiits in
■the order they are laid in the information.
Firft, we take notice, that his IVlajefty, of
his great clemency and goodneis to his
people, and out of his defire that all his
iubjefts might live eafily under him (of
which, I think, never Prince gave greater
or more pfain evidence of his intentions
that way) the 4th of April, 1687. He
did iffoe forth his royal declararion for Li-
-berty of Confcience-, this matter, without
all queftion, was welcome to all his people
that llood in need of it; and thofe that did
not, could not but fay the thing, in the
nature of it, was very juft and gracious ;
-but prefently it muft be furmifed, that the
King was not in earneft, and would not,
nor could not, make good his promife.
But, to take away all furmifes, his Majefty
was pleafed, by his declaration of the 27th
of April laft, not only to repeat his former
declaration, but likewife to renew his
former promifes to his people, and to affure
them, that he ftill was, and yet is, of the
fame opinion, that he at firft declared him-
felf to be of.

OF TRIALS.. 719

Nay, we further fhew you, thit to the
end tliat this thing might be known to all
his people, even to the meancft men, who
it may be, were not willing, or able, to
buy the declaration ; and that the King
himfdf might hi under higher obligations,
if it were pofTible, than h.is own word, he
was defirous it lliould be repeated in thti
churches, and read in tiiat lacred place,
that all his people might hear what he hacl
promifed, and given his own facred word
for-, and he himfelf might be under that
folemn tie and obligation to keep his word,
by remembering, that his promifes had, by
his own command, been publiHied in the
time of divine fervice, in the houle of
God ; and thereupon was the order of
council made, that has been likewife real
to you, which does dired, that it Ihould
be read in all the churches and chapels in
the kingdom ; and you have heard, and we
iliall prove, what a return his Majefty has.
had for this grace and kindnefs of his:
You will find, when we come to read that
which they call a petition, all their thanks
his Majefty had for his favour and good-
nefs to his people, it is only hard words
and a heavy accufation, fuch as a private
perfon would be able to bear ; I will not
aggravate the matter, but only fay thus
much, that his Majefty, who was always a
Prince of as great clemency as ever this
kingdom had, and who was reprefcntcd,
for all that, as a Prince of the greateft
cruelty before his acceiTion to the crown
by his enemies, is now accufed by his
friends for this efi^ed of his mercy. My
Lord, and Gentlemen of the Jury, his Ma-
jefty relented this ill ufage fo far, that he
has ordered and thought fit to have a
public vindication of his honour in this
matter, by this trial ; and we ftiall go on
to our proofs, and we do not doubt, but
you will do his Majefty (as you do all otlier
perfons) right.

Then

720 A C O L L E C T I

Then proof was made of printing the
two declarations for Liberty of Confcience,
by the King's order -, and the order ot
council for reading the laft declaration, was
proved.

The petition figned by the Bifhops alfo
was produced in court ; and Sir John
Nicholas depofed, that he had it from the
King's own had.

Mr. Attorney. I fuppofe my Lords the
Bifnops will not put us to prove it i they
wiii own their hands.

Lord Chief Jufiice. Yes, Mr. Attorney,
their counfel will put you to prove it. I
. perceive your beft way is to adc nothing of
them.

Then Sir Thomas Exton was fworn, and
depofed, that he believed the body of the
petition to be the Archbifhop's hand-
writing, as alfo the Archbifliop's name,
which was fubfcribed to it.

Mr. Brool<.3 depofed, that he knev/ the
Archbifliop's hand ; and he believed the
name fubfcribed to the petition, was his
liand, as alfo the petition itfelf : That he
had alfo feen the Bifliop of St. Afaph's
hand-writing, and believed the name fub-
fcribed to the petition, was his hand : And
he had ken a letter from the Bifliop of Ely
to the Bifliop of Oxford, and believed the
name fubfcribed, to be the Bifnop of Ely's
hand.

Mr. Chetwood depofed, that he had for-
merly feen a hand, faid to be the Bifhop of
Ely's, and he believed the name figned to
the petition was his hand.

Mr. Middleton depofed, he had feen
both the Archbifliop's, and the Bifliop of
Ely's hand-writing -, and believed the names
fubfcribed to be theirs.

Mr. Clavel depofed, that he knew the
Bifliop of Peierborough's hand, and be-
lieved this to the petition to be his.

Mr, James depofed, that he had feen the
Bifliop of Briftol v/rice fcveral times, and

ON OF TRIALS.

he believed the hand to the petition to b«3
his.

Mr. Powel depofed, that the name fub-
fcribed to the petition, was like the Bifliop
of Chichefl:er's hand, he believed.

Mr. Sollicitor fiid, this was not to be
endured ; there would be an end of all
teftimony, if witnefies did not anfwer fairly
the queftions they wereaflced.

Mr. Attorney faid, they had given evi- _►
dence fufficient to have the petition read, •
and defired it might be read.

Serj. Levinz. We pray it may not be
read till they prove it better, for they have
only given proof by comparifon of hands,
which in criminal matters ought not to be
received •, and even that comparifon is.
proved in fuch an uncertain manner, thac
it can be no evidence to charge us.

Serj. Pembertcn. My Lord, in every
petty caufe, -where it depends upon com-
parilon of hands, they ufed to bring fome
of the parties hand-writing, and compare it
in court with what is endeavoured to be
proved, that the jury may compare theai
together and judge of the likenef^.

L. C. J. I take it, that the witnefs hirn-
felf is judge of the comparifon ; for if he
does know the parties hand, and a paper
be offered him to prove it, he is to com-
pare it in his own mind.

Serj. Pembcrlort. It was never admitted
to be lb, that I knov/ of.

Sollicitor. You may remember feveral
cafes, and particularly Sidney's,

Polkxfen. As to Sidney's cafe, that was
in treafon ; now in trealon there is always
other evidence brought, and this comes in
but to llrengthen the other ; but in this
cafe, it is the fingle evidence ; there is no-
thing more for ought appears, but whether
another believes this to be their hands:
Now, fliall anyone be condemned for whac
another believes, without other proof.?

Sollicitor. They fay, proving of fimilitude
of hands is no evidence. When wicnelfts

aie

A COLLECTION

are dead, is it not the common praftice to
produce witnefles to prove fuch men are
dead, whofe names are fet as witnefics to
deeds; and then fwear they believe it to be
the hand-writing of thofe witnefles ?

Mr. Finch , The evidence they have given
of the Bifhops writing this paper, they have
laid to be done in Middlefex •, and this
being local, they muft prove it to be
written in Middlefex, where they have laid
it, or they fail in their proof. If they have
given proof of the hand-writing, tiiere is
no proof where that hand was written -, and
therefore they are not yet got fo far as to
have it read againft my Lords.

The Chief Juftice and Mr. Juftice Ally-
bone were of opinion, that there was proof
enough to have the petition read ; but Mr.
Juftice HoUoway and Mr. Juftice Powel
being of another opinion, the Chief Juftice
directed the King's counfel to go on to fome
other proof. Whereupon Mr. Sollicitor
faid, they would prove the confeftions of
the Bilhops ; which he hoped would be
believed by all mankind.

Then Mr. Blathwayte was fworn, and
depofed, that on the i8th of this inftant,
June, my Lord Archbifliop acknowledged
his hand to the petition (before the coun-
cil) 1 and the reft of the Bifliops, whofe
hands were fubfcribed to it, did then alfo
refpeclively acknowledge, that it was fub-
fcribed by them.

Serj. Pemberton. What did my Lords
the Biftiops fay at the time of their appear-
ing in council concerning tlie King's
pleafure, whether they ftiould anfwer or
not?

Mr. Blathwayte. The firft time my Lords
the Bilhops came into the council, they
anfwered, they humbly lioped, as they
ftood there as criminals, his Majefty would
not rake advantage againft them ; however
they would obey his Majefty's commands,
and thereupon they were commanded to

Vol, I. No. 31.

OP T R I A L S. 721

I withdraw. The fecond time, as near as I
can remember, they faid the fame.

Sir Robert Sawyer. Were thty afl<ed,
whether they publiftied it ?

Blathwayte. I think they were, and they
denied it.

Serj. Pemberton. When they came in the
fecond time, did they defire to know, if it
were his Majefty's command they Ihould
own it?

L. C. y. That I muft not permit you to
afk, brother.

Attorney. I oppofe the afking this quef-
tion, unlefs they tell us what ufe they would
make of it.

Serj. Pemberton. We fliall make this ufe
of our queftion ; if they anfwered under a
promile from his Majefty, that it Ihouid
not be given in evidence againft them,
I hope they (hall not take advantage
of it.

Sollicitor. That is a very unmannerly
queftion ; this is to put fomething upon
the King, which I dare hardly name; and
if they will be lb preffing, 1 defire for
the King, that the queftion may be fo
entered.

Str], Pemberton. Record what you will,
I am not afraid of you, Mr. Sollicitor.

Attorney. Mr. Blathwayte, anfwer, whe-
ther there was any promife made to my
Lords the Biftiops from the King ?

Blathwayte. There was none made ; it
was the third time they came in that they
owned it. My Lord Chancellor ."-equired
them to anfwer, v^hether they owned that
paper or no .'' and they, having prayed the
King that no advantage ftiould be taken
againft them for what they Ihould fay,
owned it: And his Grace the Archbilhop
faid, as to pubiifliing it, that it was written
with his own hand, and that lie had not
made ufe of his Clerk.

Attoyney. Did the King make any pro-
mile or dcciaracion, that no advantage
ftiould be taken, or ufe made of it ?

•S U lilathwayte.

•22

A COLLECTION

they can objedt
you for the de-

Blctbwayte. The King did not.

Then Mr. SoUicitor defired the petition
might be read ; but the Bifliop's counfel
anlwered, that the writing and contriving
muft be proved to be in Middlefex, for all
was local, and the party was to be ac-
quitted, if it was not proved to be done in
the county where it was laid.

The Chief Juftice faid, it was too foon
to make thefe objeftions, and that the
paper ought to be read.

The Biftiops' counfel anfwered, if the
objeftion was laved to them, they fhould
not oppofe the reading of it.

Then the petition was read, and the
jury viewed it themfelves.

Attorney. We fhall leave our evidence
here, and hear what
to it.

L. C. J. What fay
fendants ?

Fwch. My Lord, in Ihort, we fay, that
hitherto they have totally failed, for they
have not proved any fadi done by us in
Middlefex ; nor have they proved any pub-
Kcacion at alf.

L. C. J. You hear that Mr. Blathwayte
favs, they owned it in Middlefex.

'Finch. That is not a publication fure, or
iiny evidence where it was done.

Serj. Levinz. My Lord, in the firft
place, we infift upon it, there is no proof
of the fa(5l being done in the county of
Middlefex-, and, in the nex place, this in-
formation and petition do not agree ; for
they fet forth in their information, " That
my Lords the Rifhops, under pretence of a
petition, did make a libel," and have fet
forth no petition at all ; the petitionary
part is omitted.

Sir Robert Saxvyer. The truth of it is,
this information has made a very deformed
tlfing of it ; has left neither head or tail :
They ftile it a petition, but it is without
any direftion to any body, and without
any prayer, for any thing appears : There

OF TRIALS.

may be more in the paper, than in the in-
formation : If all were in, one part might
explain another.

SoUicitor. I wonder to hear that ob-
jeftion from Sir Robert Sawyer, who has
exhibited fo many informations for libels in
pieces taken out of books.

Attorney. Is there any thing more fre-
quent than only to recite the material part,
without fetting forth the whole book.
They tell us we have fet forth a petition j
we fay no fuch thing : We fay in the iiir
formation, you compofed a certain libel,
pretenfu petitionis ; in which are contained,
fuch and luch things.

SoUicitor. Take the information as we.
have laid it, and I believe there are twenty
precedents of late days ; fo was the in-
formation againft Baxter, fo was the in-
formation againft Johnfon, againft Dr.
Eades, and againft Sir Samuel Barnar-
difton : They are all in this form, Jic conti-^
netur ; but they fay, we do not fet out the
petition. We fay it is a libel; and it is.
not the name we rely on, but there is fuch
a libel, fo we in our information call it : If
it be not a libel, then are they very in-
nocent ; but if it be as we fay, then it is
not the fpeaking ill things in the body of
a petition, and then giving it a good title,
and concluding it with a good prayer, will
fweeten this crime, nor alter or alleviate it.
at all : We fay a libel is mzdtt pretenfu pe-
titionis, call it what you will ; and that.
theie things are a libel upon the King and
government.

As to the other objeftion that is made,
that here is no evidence of a publication ;
my Lord, I take it to be a publication in
itlelf : Is it pofTible for a man to write a
libel, to fet his name, and part with it,
and it fhall come to the King's hands,
and this not to be deemed a publication ?

Att. Gen. They bid us make out where
this libel was written or compofed : Put
the cafe, a man is found in Middlefex with

a treafonable

A C O L L E

a trcafonabk paper in his pocket, and the
man is indii^ted here in Middlefex, for
framing and compoiing fuch a treafonable
libel, fball he be admitted to fay, pray prove
where I made and compofed it ? For tho'
you found it in my pocket, yet I might do
it in the county of York. This had been
a. very good defence for Mr. Sidney, who
was indided, convicted, and attainted, for
a treafonable paper, found in his ftudy, if
this doctrine were true -, but then the King
would be in a very woful cafe. Here is a
paper that isfoundin thecounty of Middle-
fex, and this is there owned by you to be
written and fubfcribed by you. Pray do
you prove that it was written elfcwhere.

Serj. Peniberion. We will do it, for once,
we will prove that my Lord Archbifbop
was not out of Lambeth-houfe in two
months before the petition was delivered.

72;

Then Mr. Nicholls was fworn.

He depofed, that his Grace of Canter-
bury did not ftir out of Lambeth from
Michaelmas lalt, till the time he was
before the council.

Mr. Finch. This is ix.abundc.nti, for in
point of law, it is incumbent upon them to
prove where it was done : And as to the 2d
part, the publication, tht-re is not a title of
proof offered, but only their owning their
hands upon their examination at the coun-
cil j and no man did ever yet think, that
the anfwering a qucltion and owning a pa-
per at the council table, upon a qutftion
put by the King himfelf, was a publication
of a libel.

Sol. Gen. If the pap?r be iil^ellous, where-
ever it is found, il.at is a puMication.
Thefe gentlemen fancy, that unl' fs there
was a public delivery lA this paper abroad,
nothing can be a pui^lication : But I rely
upon ir, their ictung tlieir names to it maJe
it their paper, and vherevcr it wmr, that
was a pubiicatiunof it ; there; is tl^ cafe of

C T I O N OP TRIALS ,_^

Williams, made ufe of by Mr. Finch in
Sidney's trial, who wrote a treafonable let-
ter, fealed it up, and fent it to the King :
And there is Sir Baptift Hicks's cafe, and
my Lady Hatton's ; there was only a letter
fealed up and delivered to the party.

Recorder. Suppofe a man write a fcan-
dalous letter from London, to a judge at
Exeter, and fends it by the pofl:, and the
letter is received from the poft at Exeter,
and there opened ; would any man make a
queftion, whether the gentleman that fent
the letter, may not be indicted and profe-
cuted for a libel at Exeter, where the libel
was received ?

Juft. Po^vel. There is no queftion of
that ; but that comes not home to our
cafe.

Sol. Gen. The publication we fay, was
here in Middlefex ; and of that there is a
clear evidence, becaufe it was found there,
and came from the King's hand, to whoni.

it was diredcd ; and it could not come to
the King's hand out of their cuftody, with-
out their confent.

Serjeant Levinz. My Lord, the cafes that^
have been cited are all law, but not one
tittle to this purpofe. In Sir Baptilt Hicks's
cafe, and William's cafe, it was proved, they
all fent them to the places whither they
were directed j but is there a tittle of proof
that the Biihops lent it here,? And for
Sidney's cafe, there was treafon in the very
libel and book that he made ; and he was
not indidled for publifhing, butfor treaion
in the place where it was found, becaufe it
'vas found in his poiTcffion •, but was this
ever found in my Lord Archb'.fhop's pof-
ftflion in Middlefex, or thr icritof the Bi-
fnops, and wen- tticy publifiiingof it .? If
it haJ, then it had been tncir &&. clearly ;
but that is the thing wherein they are :fe-
fedive, that liiey do not jjroye that my
Lords the Hifliops fent or bi ought it here ;
but upon the queftion askeC them 'oythe
King, they acknowleoged it to be .ueir

hands :

724

A COLLECTIONoF TRIALS.

hands : So that, there is no proof, of a fad
done hf're,- but an acRnowIedgaieat of a
i's.Ct done, liobody knows where^

PclUxfen. It cannot be a crlmefb anfwer
a qucftion put by authority ; for it is the
duty of all men to anfwer, when examined
by a lawful authority. If a man comes be-
fore a magiftrate, and confeffes any thing,
that indeed is evidence, but is not a crime ;
for there is a great deal of difference be-
tween evidence and the crime-, but that
this (hould be both an evidence and a crime
too, is a very ftrange conftrudion ; and

Whether th^ifc were their hands that were
to it?

They all anfwercd, that they owned theii*
hands ; but they could none of them re-
member, that the Bifhops faid, that was the
paper they delivered to the King : At which
there was a great fliout. INIr. SoUjcitov
fiid, " Here's wonderful great rejoicing
: that truth cannot prevail."

The Chief Juftice beginning to direcSt
the jury, Mr. Finch interrupted his Lord-
fliip, and demanded, whether this was evi-
dence or not ? For if it was admitted to be

the court is farisfied it was in,, another
county.

Sir Gecrge Trehy. The evidence they have
offered to prove the publifhing it, is a con-
fefllon ; this confeflion is teftified by IVlr.
Blathwayte, who fays, the Billiops were
asked at the council, whether they did fub-
fcribe and publifli this paper ? and that
their anfwer was, thatthey did fubfcribe, but
not publifh it. Now a confeflion muft be
taken together, and mufl be admitted to be
entirely true by them that produce it-, they
fhall never be allowed to take out and ufe
one piece, and wave the reft ; fo that the
King's counfe! have plainly proved that
the Bifhops did not pubiilh this paper;
and yet this is the only evidence upon
which they would infer that they did pub-
liP.i it.

L. C. J. It lies upon the King's counfel
to prove that my Lords the Bifhops did
cai'fe it to be publilhcd ; for their owning
their hands does not amount .to a publi
cation.

Tiien the.clerks of the council were call-
,ed in again ; namely, IVIr. Blathwayte, Mr.
Bridgman, Sir John Nicholas, and Mr.
Pepys ■, and it was demanded of them,
whether the qucftion put to the Blfliops at
,thc council board was, " Whether this was
;the paper they delivered to the King .'' (or)

for the other part, the writing (I.fappofe) evidence, they had other rnatter to offer/ifl;

anfwtr to that evidence, and in their own
defence.

The Chief Juftice anlwercd, if they had
mare to offer, why did they conclude, and
let him begin to diredf the jury ? But finre
they faid, they had other matter to offer, the
court would hear it.

" Here Serjeant Levinz, perceiving that
the King's counfel had fent away for other
evidence, defiredhis Lcrdfhip would goon
with his diredions." in'

But Mr. Sollicitor faid, he was glad the
Bilhop's counfel had given this interrup-
tion ; becaufe they Ihould now be able ro
clear this point. There was a fatality, he
obferved, in fome caufes, and particularly
in this, they muft beg the patience of the
court a little while -, for they had notice a
perfon of very great quality was comins?,
that would make it appear, the Bilhops
made their add re ifes to him, that thty mig^t
deliver the petition to the King.

There being a conliderable piufe, which
the Bifhops counfel was uncafy at, oath was
made, that Mr. Graham went for my
Lord Sunderland, and he was coming.

The Lord Suni-ierland appearing feme
time afterwards, was Iworn, and depoicd,
tliat before the Bifliops apjjcarcd in coun-
cil, the Bifbop of St. Afapli and Chichefter
came to his office ('.he Secretary's,) and
\ told him, they came in the name of the
1 Archbilhop,

A COLLECTION of TRIALS. 725

Archbifhop, and four more of their brcth- ] der pretence of a petition, and did publifli
ren, viz. the Bifhops of Ely, Bath and ' the fame in the King's prefence.

This, gentlemen, is a very heinous and

Wells, Briftol and Peterborough, with a
petition to deliver the King, if he would
give them leave •, and defired to know of
him, which was the beft way to do it; and
he anfwered, he would know the King's
pleafure, and bring them word. That they
oifered him their petition to read -, but he
would not read it, and went immediately to
his Majefty, aod acquainted him with it :
That the Kmg commanded him to let them
know, they might come when they would -,
which he acquainted them with, and they
went for their brethren, and attended Ihs
Majefty with their petition in about an
'hour's time;- but he v/as not in the room
when it was delivered to the King.

L. C. J, Truly there was a great pre-
fumption before, but there is a greater now,
and 1 think I fhall leave it with fome ef-
fc6t to the jury. I cannot fee but here is
enough to put the proof upon you •, I think
this is fufficient evidence of the publication.

Pclkxfen. The Archbilhop was not
there ; and fo there is no evidence againft
him : And for the other fix Lords, my
Lord Prefident (Sunderland) does not fay,
that this is the petition that they faid they
had to deliver to the King ; nor did he fee
them deliver ic.

Attorney Then we leave it fairly to the
jury on this faft.

Poli'exfen. If fo, then we defire to be
heard in our dei'ence.

Rob. Sawyer. May it pleafe your Lord-
fliip, and you genilemen of the jury, you
have heard this charge which Mr. Attor-
ney has been pleafed to make againft my
Lords the Bilhops, and that is this : That
they conipire to diminiih the royal autho-
rity, and regal prerogative, power, and go-
vernment of the King, and to uvoid the
order ot council ^ and in prolecution of
this, they did falfely, maliciouOy, and fedi
tioufly,'make a libel' againil the Kmg, un-

VoL. I. No. 3r.

heavy charge ; but you fee how ihort the'r
evidence is : The evidence they bring forth
is only, that my Lords the Bilhops pre-
fented the paper to the King in tire moll
private and humble manner they could ;
that which they have been fomany hours in
proving, and which they cry up to be as
ftrong an evidence as ever was given, proves
it to be the fartheft from Tedition in the do-
ing of it, that can be ; and you fee what it
is, it is a petition to be relieved againft an
order of council, which they conceive they
were aggrieved by ; they indeed do not
deal fairly with the court, nor with us, in
that they do not fet it forth that it was a
petition.

L. C. y. That was overcruled before.

Sir Rob. Sawyer. I do not infift upon it
now, fo much as an exception to the infor-
mation, as I do to the evidence : they fet
this forth to be a fcandalous matter -, but it
only contains their reafons, whereby they
would iatisfy his Majefty, why they cannot
comply in a concurrence with his MajeOy's
pleafure ; and therefore they humbly be-
feech the King, and beg and requeft hini =
(as the words of it are) that his Majefty.
would be pleafed not to infift upon their
diftributing and reading of this deciaraiton ;
fo the petitioners for themfclves, and the
whole clergy of England, beg of the King
that he would pleafe not to infift upon it.

Gentlemen, you .may obferve it, that
there is nothing m this petition that con-
tains any thing of ledition in it, and it
would be li range this petition fhould.l.e
Fe.o defe, anu by one part of it deftroy th.e
other. It was laid indeed in the inforrna-
tion, that it was with intent and purpofi
to diminifti the King's royal authority ; but
I appeal to your Loraftiip, the court, and
the jury, whether there be any one word -in .
it that any way touches the King's p^ero-
8 X - g^ative

725 A C O L L E C T I O

gative, or any trtle of evidence that lias
brcn given to make good the charge ; it is
an excufc barely for their non compliance
with the King's order, and a becrging of the
;King, with all humility and fubmiffion, that
: be v.'oulJ be pleafed not to infilt upon the
• reatiing of his Majefty's declaration upon
thefe grounds, becaufe the difpenfiog
power, upon which it was founded, had
been fevcral times in Parliament declared
to be againit law •, and becaule it was a cafe !
of that confequence, that " they could not j
in prudence, iionour, or conicience, con-
cur in it."

My Lord, Mr. Attorney has been pleafed
to ciiarge in this iutormation, that this is a
fahe, malicious, and Icditious libel -, both
the falfity of it, and that it was malicious
and feditious, are all matters of fatf, which,
with iubmiflion, tlicy have offered to the
jury no proof of : And I make no queftion
but eafily to demonltrate the quite con-
trary.

For, my Lord, I think it can be no
queftion, but that any fubjeft that is com-
manded by the King to do a thing which
he conceives to be againft law, and againft
his conicience, may humbly apply himfclf
to the King, and tell him the realon why he
does not tnat thing he is commanded to do,
why he cannot concur with his Majefty in
fuch a command.

My Lord, that which Mr. Attorney did
infill upon in the beginning of this day
(and he pretended to cite fome cafes for it)
■was, that in this cafe, my Lords the Bifhops
■were not fued as Bifhops, nor profccuted
fjr their religion. Truly, my Lord, I do i
not know what they arc lucci for eife ; the I
information is againft them as Bifliops -, it
is for an aft they did as Biftiops, and no
-otherwife ; and for an a6t they did, and do
•conceive they lawfully niiglu do, with rc-
Jation to their ecclefiaftical polity, and the
government of their people as Biftiops.

The next tiling Mr. Attorney offered

N OF TRIALS. '

was, that it was not for a non-fealance, but
for a feafancc. It is true, my Lord, it is
for a feafance, in making of the petition,
but it was to excufe a non-feafance, the not
reading according to the order •, and this,
fure, was lawful for all the Biftiops, as lub-
jccts, to do ; and I fliall ftiew it was cer-
tainly the duty of my Lords the Biftiops,
or any Eeer of this realm, to do the fame
in a like cafe. It was likewife faid, they
were profccuted here for affronting the go-
•vernment, and intermeddling with matters
of Itate •, but I beg your Lordftiip and the
jury to confider, whether there is one tittle
of this mentioned in the petition, or any
evidence given of it : The petition does not
meddle with any thing of any matter of
ftate, but refers to an ecclefiaftical matter,
to be executed by the clergy, and to a mat-
ter that has relation to ecclefiaftical caufcs :
So that they were not bufy-bodies, or fuch
as meddled in matters that did not relate to
them, but that which was properly within
their fphere and jurifdiftion.

But after all, there is no evidence, nor
any fort of evidence that is given by Mr.
Attorney, that will maintain the leaft tittle
of this charge ; and how he comes to leave
it upon this fort of evidence, I cannot tell :
All that it amounts to is, that my Lords
the Bilhops being grieved in this manner,
made this petition to the King in the moit
private and refpedtful manner -, and for him
to load it with fuch horrid black epithets
that it was done libelloufly, malicioufly,
and fcandaloufty, and to oppofe the King
and government, it is very hard ; it is a
cafe of a very extrao.rdinary nature •, and I
believe my i.ords the Biftiops cannot but
conceive a great deal of trouble, that they
ftiould lie under i'o heavy a charge, and
that Mr. Attorney Ihould draw fo fevere an
information againft them, when he has fo
little proof to make it out.

My Lord, by what we have to fay to if,
we liope we ftiail give your Lordftiip and

the

A COLLECTIO

% T

Of TRIALS.

727

the jury fatisfadlion, that we have done but | Surely, my Lord, there is nothing of
oLir duties, ruppofing here has been a luf- f falfity in this, nor any thing that is con-
ficienc evidence of the fad given, which we | trary to law, or unlawful for any man that

leave to your Lordfuip and thejury.

is preffed to any thing, cfpccially by an

My Lord, we fay in fliort, th.it this peti- j order of council ; and this ii notliing but a
tion is no aiorc than what any man, if he I petition againlt an order of council ; and
be commanded to do any thing, might if there be an order that commands my
humbly do, and not begudty of any crime. I Lords the Bifliops to do any thing that
And my Lord, as to the matter of our de- j Icenis grievous to them, furely they may
fence, it will confill of thci'e heads : beg of the King that he would not infilt

Firfl, We fliail cunlider the matter of , upon it.
this pet. tion. j And for this matter, they were fo well

Seccnd.y, The manner of the delivering ! fatisfied about it, and fo far from thinking

that It was any part of a libel, that they left
it out in the information ; and io have
made a deformed and abfurd Ifory of ir,
without head or tail, a petition direded to
no body, and for nothing, it being without:

it, according as they have given evidence
here.

And, Thirdly, the perfons that have de-
livered this petition. And we liope to make
ic appear beyond allqueltion, that the mat-

ter contained in this petition is neither i title or prayer, fo ihat this is plain, it was

falfe, nor contrary to law, but agreeable to
all the lav/s of the land in ail times. We
fiiall likev.ik fliew you, ('thougii that ap-
pear fufiicicntly to you already; that the
manner of delivering it was fo far from be-
ing feditious, that it was in tlie moil fecret
and private manner, and with the gr.-ateft:
humility and duty imaginable : And then,
as to rlie perlon:, we fliall fhew you that
they are not lucli a? Mr. Attorney fays,
who meddle witii matters of ftate that are
out of their fphere, but they are perfons
concerned, and concerned in intercft in the
cafe, to make this humble application to
the King. And when we have proved all
tnis matter, you will fee how flrangely we
are blackened with cities and epithets which
we no waysdeferve, and of which, God be
thanked, there is no proof.

iror, my Lord, for the matter of the pe-
tition vvc fliall confider two things.

The firlt is, the prayer, vvjiiv.ii is this :
They humbly beg and defiie of tiie King,

lawful to petition.

Then, my Lord, the next thing is, the
reafons which my Lords the Bilhops come
to acquaint the King with, why in honour
and confcience they cannot comply with,
and give obedience to this order : And tlie
reafons, my Lord, are two.

The firlt reafon that is afTigned, is, the
fevera! declarations that have been in Par-
liament (feveral of which are mentioned,)
thatfuch a power to difpenfe with the law,
is againft law ; and that it could not be
done but by an Acl of Pariiament ; for that
is the meaning of the word illegal, that has
no other meaning but unlawful ; the fame
word in point of fignification with the word
illicite, which they have ufed in their infor-
mation, a thing that cannot be done by
law ; and this they are pleafed to tell the"
King, not as declaring their own judg-
nicnts, but what has been declared in Par-
liament ; though if they had done tlie for-
mer, they being Peers of the realm, anQ

on behalf of themfelves and the rell of the 1 Bifhops of the church, are bound to under-

clerg), that he would not infill: upon the
reading and publifliing of this declara-
tion.

Hand the laws, efpeciaHy when (as I fliall

come to Ihew you;, they are made guardians

.of thefe laws; and if any thing go amih,

i and

728 A C O L L E C T I O

and contrary to thefe laws, they ought to
inform the King of it.

My Lord, the next thing is, becaufe it is
a thing of lb great moment, and the confe-
quencfs thatv/iU arife from their publifhing
of this declaration ; and that too, my Lord,
(for the latter I fhall begin firft with) there
can be no queftion about, or any pretence
that this is libellous or falfe ■, for certainly
it is a cafe of the greateft confequence to the
whole nation that ever was, therefore it
cannot be falfe or libellous to fay lb.

My Lord, I would not mention this, for
I am loth to touch upon things of this na-
ture, had not the information itfelf made it
the gift of the charge ; for the information
(if there be any thing in it) fays, that it was
to diminifh the King's prerogative and
regal power in publiihing that declaration.

Now, my Lord, what the confequence of
this would be, and what my Lords the Bi-
Ihops meant by faying, it was a caufe of
great moment, will appear, by confidcring
that which is the main claufe in the decla-
ration, at which my Lords the Billiops
fcrupled, which is the main ftumbling- block
to my Lords, and has been to many honeft

men bcfidcs, and that is this

" We do likewife declare, it is our royal
will and pleafure, that from henceforth the
execution of all and all manner of penal
laws in matters ecclefiaftical, for not com-
ing to church, or not receiving the facra-
ment, or for any other non-conformity to
the religion eflablifhed ■, or for or by rea-
fon of the exercife of religion in any man-
ner whatfoever, be immediately fufpended,
and the further execution of the faid penal
laws, and every of them, is hereby fuf-
pended."

Now, my Lord, this claufe is of fome
legal effect and fignification, or it is not.
Ii' Mr. Attorney, or the King's counfel, do
lay it is of no effeft in law, thcH there is no

OF TRIALS,
harm done ; then this petition does no ways
impeach the King's prerogative, in faying
it has been declared in Parliament, accord-
ing as the King's counfel do agree the law
to be.

But, my Lord, if it have any effeft in
law, and thefe laws are fufpended by virtue
of this claufe in the declaration, then cer-
tainly it is of the moft difmal confequence
that can be thought of ; and it behoved my
Lords, who are the fathers of the church,
humbly to reprefent it tn the King.

For, my Lord, by this declaration, and
particularly by that claufe in i\, not only
the laws of our reformation, but all the laws
for the prefervation of the Chriftian reli-
gion in general are fufpended, and become
of no force : If there be fuch an efFed in
law wrought by this declaration as is pre-
tended, (that is) that the obligation of ober
dience to them ceafeth ; the reafon of it is
plain, the v/ords cannot admit of fuch a
quibble as to pretend that the execution of
the law is not the fufpending of the law ;
and that the fufpending the execution of
the law is not a fufpending of the law ; for
we all know the execution of every law, in
its primary intent, is obedience to it ; that
of the penalty comes in by way of punifh-
ment and recompence for their difube-
dience.

Now, my Lord, if this declaration does
difcharge the King's fubjicls from their
obedience to, and the obligation from,
thole laws •, then pray, my Lord, where are
we .'' Then all the laws of the reformation
are fufpended, and the laws of Chriftianity
itfelf, by thofe latter words [or for or by
reafon of religion, in any manner whatfo-
ever ;J fo that is not confined to theChrif-
tian religion, but all other religions are
permitted under this claufe ; and thus a!!
our laws for keeping the Sabbath, and
which diftinguilh us from Heathens, will
be fufpended too.

A COLLECTION of TRIALS. 729

My Lord, this is fuch an inconvenience f your proofs, and reftrrve your arguments

till afterwards.

as (I think) I need name no more ; and it
is a very natural confequence from that
claufe of the declaration ; it di,fchargcs at
once all minillers and clergymen from per-
forming their duty in reading the fervice of
the church ; it difchargcs their hearers

Sir Rob. Saiiycr. My Lord, I do bin:
(hortly mention thefe things ; lo that, as to
the matter of this petition, we fliall fhew
you, that it is true, and agreeable to the
laws of the land.

Then, my Lord, as to the manner of de--
livering it, I need fay no more, but that it
is plain from their evidence, that it was in
the mod private and humble manner; and
as my Lord Prefident faid, leave was afked
of the King for them to be admitted to

from attending upon that fervice.

When a law is fufpended, the obligation
thereof is taken av/ay ; and thofe that be-
fore thought themlelves bound to obey, |
nov/ conclude they are not lo obliged ; and
■what a mifchief that will be to the church,

which is under the care of my Lords the I prefent it ; leave was given, and accord-
Bjfliops, your Lordfhip will eafily appre- 1 ing'y they diJ it.
hend. | We come then, my Lord, to the third

Thefe things, my Lord, I only mentioji, j thing, the perfons, thefe noble Lords ; and
to lliew the great and evil confequences I we (liall fhew they are not buly-bodies, but
that apparently follow upon fuch a declara- ! in this matter have done their duty, and
tion ; which made my Lords the Bifho[>s 1 meddled with their own affairs ; that will
decline obeying the order, and put them j appear,

Firft, by the general care that is re-
pofed in them by the law of the land :

under a neceflity of applying thus to the
King, to acquaint him with the reafons

why they could not comply with his com- 1 I'hey are frequently, in our books, called
mands, to read this declaration to the peo- ' " The King's Spiritual Judges ;" they are
pie, becaufe the confequences of it were fo | intruded with the care of fouls, and the fu-
great, it tending naturally to lead the people ; perintendency over all the clergy is their
into fo great an error, as to believe thofe 1 principal care.

laws were not in force, when in truth and But befides this, my Lord, there is ano-
reality they are (till in force, and continue ther fpecial care put upon them, by the ex-
to oblige them. | prefs words of an adl of Parliament; for,

And that being the fecond reafon in this over and above the general car€ of the
petition, I come next to confider it, to wit, : churcli, by virtue of their offices as Bifhops,
that the Parliament had often declared this ; the A<51 of i Eliz. cap. 2. makes them

pretended power to be illegal ; and for that,
we (hall read the feveral records in Parlia-
ment, mentioned in their petition, and pro-
duce feveral ancient records of former Par-
liaments that prove this point, and particu-
larly in the time of Richard II, concerning
the ftaiute of provilors, where there were
particular diipenfations for that ftjtute;
the King was enabled to do it by Aft of
Parliament, and could not do it without.

h. C. J. Pray, Sir Robert Sawyer, go to

Vol. I. No. 31.

fpecial guardians of the law of uniformity,
and of that other law in his late Majefty's
reign, where all the claufes of theftatute of
I Eliz. are revived, and made applicable to
the prefent (late of the church of England.
Now in that ftatute of 1 Ehz. there is this
claufe :

" And for the -due execution hereof,

the Queen's Moft Excellent Majefly, the

Lords Spiritual and Temporal, and all the

Commons in this prefent Parliament af-

8 y fcmblcd,

730 A C O

fembled, do, in God's name, earneftlj' re-
quire and charge all the Archbifliops and
Bifliops, and other Ordinaries, that fiiey do
endeavour themfelves, to the utmoll of their
knowledges, that the due and true execu-
tion hereof may be had throughout their
diocefes and charges, as they will anfwer
before God for fuch evils and .plagues
wherewith Almighty God may juilly punifh
his people, for ncgledVing this good and
wholelome law."

This is the charge that lies upon the Bi-
fliops, to take care of the execution of that
law ; and I fliall pray, by and by, that it
may be read to the jury.

So!. Gen. That is very well indeed ! To
what purpofe ?

LLECTION OF TRIALS.

Befide?, my Lord, the Bifhops were com-
manded by this order, to do an aft relating'
to their ecclefiaftical function •, to diftri-
bute it to be read to their clergy j and
how could they in conibience do it, when
they thought part of the declaration was
not according to law ?

Pray, my Lord, what has been the rea*
fonof his lVI;>)'-.'R:y'sconrulcing of his judges ?
And if his Maielty, or any the great officers,.,
bv his conimand, are about to do any thing
that is contrary to law, was it ever yet an
offence to tell the King fo ? I always looked
upon it as the duty of an ofHcer or magi--
ftrate, to tell the King what is law, and
what is not law.

In Cavendidi's cafe, in the Queen's time, .
there was an office granted of the return of

Rub. Satvyer. So that, rny Lore', by this I the writs of fuperfedeas, in the Court of

law it is plain, that my Lords the Bilfiops,
upon pain of bringing upon themfelves the
imprecation of this Ad of Parliament, are
obliged to fee it executed ; and then, my
Lord, when any thing comes under their
knowledge, efpccially if they are to be ac-
tors in it, that has fuch a tendency to de-
Ih'oy the very foundations of the chu.rch,
as the fufpenfion of all the laws that relate
to the church mull: do, it concerns them,
that have no other remedy, to addrefs the
King, by petition, about it

Common-pleas -, and he comes to the court
and defires to be put into the poffciryon of
the office ; they court told him, they coull
do nothing in it, but he mufl bring his aC
fize : He applies to the Qiieen, and fl-.e
fends, under the Privy Seal, a command to
fequeller the profits, and to take fecurity to
anfwer the profits as the judgment of the
law fliould go ; but the judges there return
an anfwer, that it was againft law, and they
could not do it ; then there comes a fecond
letter reciting the former, and commanding

For that, Mr. Attorney, my Lord, has > their obedience-, the judges returned for
agrec-d, that if a proper remedy be purfucd anfwer, they were upon their oaths, and

in a proper court, for a grievance com-
plained of, though there may be many hard
words that clfe would be fcandalous, yet,
being in a regular courfe^ they are nofcan-
dal ; and lb it is faid in Lake's cafe, in my
Lord Hobarc.

i^^y Lord, we muft appeal to the King,
or we can appeal to nobody, to be relieved
againlf an order of council, w ith v/hich we
are aggrieved ; and it is our duty fo to do,
according to the care that the law hath
placed in us.

were fworn to keep the laws, and would
not do it.

My Lord, the like was done in the time
of my Lord Hobart •, we have it reported
in Anderfon, in a cafe where a prohibition
had gone ; there came a mefTage from
court, that a confultation fhouldbe granted,
and that was a matter wherein there were
various opinions, whether it was ex necef-
fitate, or difcretionary -, but there they re-
turned, that it was againft law for any fuch

meifagc to be lent.

Now J

A COLLECTIO

Now here, my Lord, is a cafe full as
llrong, my Lords the Bifhops were com
mandcd to do an ad:, which they conceived
to he ngainft law, and they declined it, and
tell. the King the reafon ; and they have
done it in the moft humble manner that
c-ould be, by way of petition. If tl.t-y had
done (as the civil law terms it) rcfcribere
generally, that had been lawful, but here
they have done it in a more rcfpedful man-
ner, by an humble petition ; if they had
faid the law was otherwife, that fure had
been no fault ; but they do not lb much as
that, but they only fay, it was fo declared
in Parliament ; and they declare it with all
humility and dutifulnefs. So that, my
Lord, if we conHder the perfons of the de-
fendants, they have not acted' as bufy-
bodics •, and therefore, as this cafe is, when
we have given our evidence, here will be
an anfwer to all the implications of law that
are contained in this information : For they
would have this petition work by implica-
tion of lav/, to make a libel of it : but, by
what I have faid, it v/ill appear, there was
nothing of fcdition, nothing of malice, no-
thing of fcandal in it ; nothing of the fait,
and vinrgar, and pepper, that they have
put into the cafe. We (liall prove the
matters that I have opened for our defence,
and then, I dare fay, your Lordfhip and the
]ury will be of opinion, we have done no-
thing but our duty.

Mr. Finch feconded Sir Robert Sawyer,
and infilled, that the power of abrogating
laws was as much a part of the Legiflature,
as the power of making laws ; that a power
to lay the laws aflecp and iufpend laws, was
equal to the power of abrogating them ;
for they were no longer in being -as laws,
while they are fo laid afleep or fufpended :
Then if this declaration was foum cd upon
a part of the Legiflature, which muif by
all men be acknowledged not to refide in
the King alone, but in the King, Lords and

N o F T R I A L S. 73 £

Commons, it could not be a legal and true
power and prerogative.

Mr. Serjeant Pemberton and Mr. Pol-
lexfen, two more of the Bilhops counkl,
alio maintained, that the Kings of England
had no power to fufpend or difpenfe with
the laws ; and that it was no crime to pe-
tition the King, or inform him if he was
miftakcn in law ; th.it it was allowed daily
m Wclbninfter-hal! to argue againlt the
King's grants, and fay he was deceived in
his grants ; that the laws of tiniformitv
were made upon a forefight of the milichicfs
that might come by falfe religions in this
kingdom, and particularly to keep out the
Romifli religion (which was the very worft
oiall religions) from prevailing amongftus ;
that this was the very defign of the Adl for
eftabliOiingtheteft, entitled, " An Aft to
prevent dangers that may happen from
Popilh recufants ;" and if the King might
fufpend the laws of England which con-
cerned religion, they knew no other laws
but he might fufpend ; and tnen how pre-
carious the lives, liberties, and properties of
the lubjcfts would be, ought to be confi-
dered.

Then theBifliops counfel produced fom.e
records, ftatutes, and declarations of Par-
liament, to fupport the doftrines they had
advanced.

And firft the record impowering King
Richard !I. to difpenfe with the ftatute of
provifors, was read.

By this record it appears, that a power
was given by the Commons to the King,,
that he, with thcaflent of the Lords, might
diipenfe with the ftatute of provifors till
the next Parliament, referving a power to ■
the Commons to difagree to, and retract
that confent of theirs, in the next Par-
liament, if they thought fit : And they
protell that this afient, v/hich was a no-
velty, and liad not b^en done before that
time, {hoiild not be drav^n into example or
confequence for the time to come ; and

X pi-'iy,

712

A COLLECTI

pray the King, that their proteftation may
be entered on record in the roll of Par-
liament -, and the King commanded .it to be
done, as they defired.

Sir George Treby obfcrved hereupon,
that the ftatute of proviibrs, thus dif-
penfed with, was a penal law, and con-
cerned ecclefiartical affairs, viz. The col-
lacing and prefenting to Bifhoprics, bene-
fices &c.

Then the Journal of the Houfe of Lords
being produced, his late Majelty's Speech
of the 1 8th of February, 1662, was read;
wherein was a claufe, from whence the de-
fendairts argued, that the King himfelf did
not apprehend he had a diipenfing power,
(viz.) " And yet, if the DilTenters will de-
n^ean themfelves peaceabiy and modeftly
under the government, I could heartily
v/ilh I had fuch a power of indulgence, to
ufe upon occafion."

Then tlie Bifhops' counfel proceeded to
iliew, that the Lords, in compliance with
the King's defire, ordered a bill to be
brought in, to enable his Majell;y to dif-
penfe with the Aft of Uniformity, or with
any other laws requiring oaths, or fub-
fcriptions, or conformity to the difcipline
of the eftabliflied church.

Then part of an addrefs of the Com-
mons, in anfwer to the King's Speech,
was read ; wherein they teil his Majefly,
" That it was not advifeable to grant any
indulgence to thofe perfons, who prefumed
to diffent from the Aft of Uniformity and
the religion eftablifhed : And that the Aft
of Uniformity -could not be difpenfed with,
but by Aft of Parliament."

And part of the King's Speech on the
5th of February, 1672, was read ; wherein
he fays, " He had put forth a Declaration
for indulgence to DilTenters."

An addrefs of the Commons, of the 4th
of February, in anfwer to it, was alfo read ;
wherein they fay, " I'hat they found them-
felves bound in duty to inform his Majefty,

O N OF TRIAL S.

that penal .ftatutes, in matters ecclefiaftical,
cannot be fufpended but by an Aft of Par-
liament -," and therefore befcech his Ma-
jelly that the faid laws may have their free
courfe, until it fhall be otherwife provided
for by Aft of Parliament.

The King's mcflage in anfwer to that
addrefs, was alfo read ; (viz.) That his
Majefly did not pretend to the right of
iulpending any laws, wherein the proper-
ties, rights, or liberties of any of his fub-
jefts, were concerned ; nor to alter any
thing in the eftabliflied doftrine or dif-
cipline of the Church of England : But his
only defign in this was, to take off the
penalties the ftatutes inflifted on Dif-
fenters.

Then the Commons anfwer of the 2Cth
of February, 1672, in anfvvcr to the faid
mefl^agc, was read ; wherein they tell his
Majefty, that the abovefaid anfwer to their
petition and addrefs, is not fufficient to
clear the apprehenfions that may juftly
remain in the minds of his people, by his
Majefty's having claimed a power to fuf-
pend penal laws, in matters ecclefiaftical,
and which his Majefly did ftill feem to
affert in the faid anfwer to be entrufted in
the crown, and never queftioned in the
reigns of any of liis anceftors : " Wherein
they humbly conceived his Majefty had
been miflnformed ;" fince no fuch power
was ever chiimed or exercifed by anvof his
Majefty's predeceflbrs ; and if it Ihould be
admitted, might tend to the interrupting
the free courfe of the laws, and altering tlie
legiflative power, which had been always

acknowledged to refide in the King and the
two Houfes of Parliament ; They there-
fore, with an unanimous confent, became
again mort humble fuitors unto his facred
Majefty, that he would be pleafed to give
them a full and fatisfaftory anfwer to their
faid petition and addrefs ; and that his
Majefty would take fuch effcftual order,
that the proceedings in this matter, might

not

A COLLECTIO

not for the future be drawn into conlc-
quence.

His Majefty's Speech of the 8ch of
March, 1672, alfo was read ; wherein he
fays, if there were any fcruple remaining
with thern concerning the lulpenfion of
penal laws, he then faithfully proniifed
them, that what had been done in that
particular, ihould not for the future be
drawn either into confequence or example ;
tind that, as he daily expefted from them
a bill for his fupply, fo he aifured them he
fliould as willingly pafs any other bill they
lliould offer him, that might tend to the
giving them fatisfaclion in all their jult

r A L S,

off, but by

7i2>
Acl of Par-

gnevances.

Another meflage from his Majeffy to the
Houfe, the next day, by the Lord Chan-
cellor, was alfo read j wherein he fays,
" That he had the laft night, in purfuance
of what he then intended and declared in
the morning, concerning the fufpenfion of
penal laws not being for the future drawn
either into confequence or example, caufed
the original declaration under the great
feal, to be cancelled in his prefence :
Whereof the faid Lord Chancellor and
feveral other Lords of die council were
witnelTes."

Then his Majelly Kingjames IPs Speedi
to both Houfes, Nov. 9, 1685, after the
fupprefiing Monmouth's rebellion, was read;
wherein he fays, " Let no man take ex-
ceptions that there are foine officers in the
army not qualified according to the late
tells."

And afterwards the Commons addrefs
thereupon, Nov. 16, 1685, wherein they
fay, that as to part of his Majefty's Speech,
relating to the officers of the army not qua-
lified for their employments, " They did,
out of their bounden duty, humbly repre-
fent unto his Majefty, that thofe officers
could not by law be capable of their em-
ployments ; and that the incapacities they
bring upon themfelves thereby, can no

Vol. J. No. 31,

N ov 1' R

1 ways be taken
I liament."

j _ That they were ready to pafs a bill to
j indemnify them from ti^e penalties they had
I incurred ; but did bei'cech his Majeiiy to
I give fuch diredions therein for the future,
j that no apprehenfions or jealoufies iniglit
remain in tlie hearts of his Majeily's Tub-
jeds.

, Then a paragraph out of the ftatute of i
I Eliz. chap. 2. was read, v/hercby the
' Bifiiops are charged to fee the laws in
relation to uniformity executed, as tiiey
will anfwer it before God, for fuch evils
and plagues wherewith Almighty God may
juftly punifli his people for neglefting that
good and wholefome law.

After which the Bifliop's counfcl pro-
ceeded to make their obfervations on the
whole; and firft Mr. Serjeant Levinz.

Serjeant Levinz. Now, my Lord, if
your Lordffiip pleafes, the charge is a
charge for a libel ; and there are two things
to be confidered.

Firir, Whether the Bifhops did deliver
this paper to the King ? But that we leave
upon the evidence that has been given ;
only we fay, there has been no dired proof
of that.

In the next place, fuppofing they did
deliver this petition to the King, whether
this be a libel, upon the matter of it, the
manner of delivering it, or the perfons that
did it ?

And with fubmiffion, iny Lord, this
cannot be a libel, although it be true that
they did fo deliver it.

Firfl-, my Lord, there is a little difin-
genuity offered to my-Lords the Bilhops in
only letting forth part, and not the whole;
in only reciting the body, and not tlic
prayer.

But, my Lord, with your Lordflilp's
favour, taking the petitionary part, and
adding it to the other, it quite alters the
nature of the thing; for it may be, atom-
ic Z plain

734

/^^ A C O L L E C T I O

plaint without feeking redrefs might be an
ill matter-, but here taking the wliole to-
gether, it appears to be a complaint of a
grievance, and a delire to be eafed of it.

With your Lordfiiip's favour, the fub- '
jeifts have a right to petition the King in all
their grievances •, io fay all our books of
law ; and fo fays the flatute of the 13th of
the late King : They may petition, and
come and deliver their petition under the
number of ten, as heretofore they might
have done (fays the ftatute) : So that they
at all times have had a right fo to do •, and
indeed if they had not, it were the mofV
lamentable thing in the world, that men
muft have grievances upon them, and yet
they not to be admitted to feek relief in an
humble way.

, Now, my Lord, this is a petition fetting
forth a grievance, and praying his Ma-
jefty to give relief. And what is this grie-
vance ? It is that command of his, by that
order made upon my Lords the Bilhops, to
diftribute the Declaration, and caufe it to
be read in the churches. And pray, my
Lord, let us confider what the elFe<fts and
confequences of that diftribution and read-
ing is : It is to tell the people, that they
need not fubmit to the AQ: of Uniformity,
nor to any A6t of Parliament made about
ecclefiaftical matters, for they arefufpended
and dirpenled with. This my Lords the
Bifliops mull do, if they obey this order:
But your Lordfiiip fees, if they do it, they
lie under an Anathejua by the flatute of
I Eliz. for there they are under a curfe, if
they do not look to the prefervation and ob-
lervation of tliat A&. : But this command
to diftribute and read the Declaration,
whereby all thefe laws are difpenfcd with,
is to let the people know, they will not do
what the aft requires of them.

Now, with your Lordfiiip's favour, my
Lords the Bifliops lying under this prefTure,

the weight of which was very grievous
upon diem, they, by petition, apply to the

N OF TRIALS.

King to be ealed of it, which they migl.t
do as fubjcfls : Befides, my Lord, they are
Peers of the realm, and were molt of them
fitting as fuch in the laft Parliament, where
(as you have heard) it was declared, fuch
a difpeniation could not be ; and then in
what a cafe fhould they have been if they
fliould have diftributed this Declaration,
which was lb contrary to their own aftings
in Parliament ? What could they have an-
fwered for themfelves, had they thus con-
tributed to this Declaration, when they had.
themfelves before declared that the King
could not difpenfe ?

And that this was no new thing, for it
had been fo declared in a Parliament before
in two feffions of it, in the late King's
reignj within a very little time one of ano-
ther ; and fuch a Parliament that were fo
liberal in their aids to the crown, that a.
man would not think they fliould go about
to deprive the crown of any of its rights :
It was a Parliament that did as grcat ler-
vices for the crown as ever any did -, and
therefore there is no reafon to fufpeft thnr,,
if the King had had fuch a power, they
would have appeared fo earneft againft
it.

But, my Lord, if your Lordfhip pleafes,
thefe are not the beginnings of this matter;
for we have fhewed you, from the 15th of
Richard the Ild. that there was a power
granted by the Parliament to the King, to ,
difpenfe with a particular Aft of Parlia-
ment ; which argues, that it could not be
without an Aft of Parliament : And ia
1662 it is faid exprefsly, that they can not
be difpenfed but by an Aft of Parliament.
'Tis faid fo again in 1672, the King was
then pleafed to affume to himfclf iuch a
power as is pretended to in this decla-
ration : Yet, upon information from his
Houfes of Parliament, the King declared
himfelf fatisfied that he had no fuch power,,
cancelled his Declaration, and piomifcd
that it fliould not be drawn into confe-.

quexice

A CO L L E C T I

qucnce or example. And fo the Com-
mons, ^by'cheir protellation, faid, in Rich-
ard If's tn"nc, that it was a novelty, and
ibould not bi drawn into confequence or
example.

Now, my Lord, if your Lordfliip
pleafe?, if this matter that was commanded
the Bilhops to do were fomething which the
law' did not allow of, furely then my Lords
the Bifhops had all the realbn in the world
to apply themlelves to ahe King, in an
humble manner to acquaint him why they
could not obey his commands, and to feek
relief againft that which lay fo heavy, upon
them.

Truly, my Lord, Mr. Attorney was
very right in the opening of this caufe at
firft ; that is, that the government ought
not to receive affronts, nor the inferior of-
ficers aie not to be affronted ; a Juftice of
the Peace, fo low a man in office, is not.
For a man to fay to a Juftice of Peace,
when he is executing his office, that
lie does not do right, is a great crime •,
and. Mr. Attorney faid right in it. But
fuppofe a Jurtice of Peace were making of
a warrant to a Conllable, to do fomething
that was not legal for him to do •, If the
Conftable fhould petition this Juftice of the
Peace, and therein fet f rth, Sir, you are
about to command me to do a t ing which
I conceive is not legal; furely that would
not be ,1 crime that he was to be puniflied
for i for he does but feek relief, and fhew
his giievance ip. a proper way, and the
diftrefs he is under.

My Lord, this is the Bifhops' Cife, with
fubmiffion : They are under a. diftrefs,
being commanded to do a thing which they
take not to be legal; and they, ..with all
htmiility, by way of petition, acqu-aint che
k-ing with chis diftrefs of theirs, and pray
him, th It hr will pleafe to give relief.

My Lord, there is no law but is ether

an Ad: of Parliament, or the common law:

For an Aft of Parliament there is none for

. fychapower; all thut we have of it in Par-

O N OF T R I A L S. 735

liamentary proceedings is againft it; and
for the common law (fo far as I have read
it), I never did meet of any thing of fuch
a nature, as a grant or difpenfation that
pretended to difpenfe with any one whole
A& of Parliament. I have not io much as
heard of any fuch thing mentioned by any
of the King's counfel : But here, my Lord,
is a difpenfation that difpenfes with a great
many laws at once. Truly I cannot take
upon me to tell how many ; there may be
forty, or above, for ought I know.

Therefore, my Lord, the Biftiops lying
under fuch a grievance as this, and under
fuch a preffure, being ordered to diftrihute
this Declaration in all their churches, which
was to tell the people they ought to be
under no law in this cale, which furely was
a very great preffure both in point of law
and confcience too, they lying under fuch
obligations to the contrary, as they did;
with fubmiffion to your Lordfliip, and you
Gentlemen of the Jury, if they did deliver
this petition, (publifhing of it L will not
talk of, for there has been no proof of a
publication, but a delivering of a petition to
his Majefty in the moft fecret and decent
manner that could be imagined) my Lords, ,
the Bifhops, are not guilty of the matter
charged upon them in this information. It
has been exprefsly, proved that they did not
go to difperfe it abroad, but only delivered
it to the King himfclf : And in fhort, my
Lord, if this fhould be a libel, I know not
how fad the condition of us all would be, if
we may not petition when we fu.ffcr.

Finch. My Lord, I challenge them to
fliew us any one inftance of fuch a Decla-
ration, fuch a gentr.d difpenfation i)f laws,
from the Conqucft till 1672 : The firft um-
brage of fuch a thing is that of Car. 11.
1662 ; but your Lurdlhip h^ais the decla..
ationof the Parliament upon it. Before
I hat. as there was no fuch thm^, fo your
Lordfli.p lees what thr l-'aihaiiT. nr did to
enable the King (not to do this thi ig, but

iQ.iicthing

A COLLECTION of TRIALS.

73^

Ibmething like it) in Richard the Seconds
time, \vht.'re you fee the Parliament did give
the King a power to dilpenfe with the
llatute of provifors for a time; but at the
fame time declared that very grant of their
own fo be a novelty, and that it (hould not
be drawn into conlequence or example.

My Lord, we fhall leave it upon this
point : To lufpend laws is all one as to ab-
rogate laws ; for fo long as a law is fuf-
pended, whether the l\if[)enfion be tem-
porary, or whether it be for ever; whether
it be at once or at feveral times ; the law
is abrogated to all intents and puipofes:
But the abrogation of laws is part of the
legiflature, that legiQative power is lodged
(as I faid before, and I could never find it
otherwire in all our law) in King, Lords,
and Commons,

L. C. J. You did open that before, Mr.
Finch.

Finch. With this, my Lord, that my
Lords the Bifliops, finding this order made
upon them to publifh this Declaration, did
what in duty they were bound to do ; and
iinlefs the jury do find, that they have done
that which is contrary to law and to the
duty of their places, and that this petition
is. a libel, and a i'cditious libel, with an
intent to iHr up fedition among the people
(we rely upon it), my Lords the Bifhops
can never be found guilty upon this in-
formation.

L. C. y. Have you now done, gentle-
men ?

Finch. Yes, my Lord_, till they give us
further occafion -. If they have any other
evidence to offer, we muft anfwer it-, if
not, this the anfwer v/e give to what they
have faid.

Sol. Gen. We make no bargain with you:
if you have done, fay fo.

L. C.y. You mull know, that you are
not to have the lafl: word.

iVo/. Gen. You hav^ been three hours al-
ready : If you have any more to fay, pray
conclude.

Finch, if they fay they have 1)0 more
evidence, then we know what we have
to do.

L. C. y. If you do fay any thing more,
pray let me advife you one thing •, don't fay
the fame thing over and over again; for
after fo much time fpent, it is irkfome to
all company, as well as to me.

Finch. My Lord, we have no more evi-
dence to offer to your Lordfhip at prefent,
unlcfs they, by offering new evidence, give
us occafion to reply upon them.

L. C. y. Gentlemen, you fhall have all
the legal favour and advantage that can be ;
but, pray, let us keep to an orderly decent
method of proceeding.

Sir Robert Sawyer. Pray, my Lord, fa-
vour me a word before we conclude: My
Lord, 1 do find very few attempts of this
nature, in any King's reign.

In the reign of Menry IV. there was an
A61 of Parliament, that foreigners fhould
have a free trade in the city of London,
notwithftanding the franchifes of London :
Afier the Parliament role, the King iflued
out his proclamation, forbidding the exe-
cution of that law, and commanding that
it fhould be in fulpence ufque ad proximum
Parliamentum ; yet that was held to be
againfl law.

L. C.y. _Sir Robert Sawyer, that which
you are to look to, is the publifhing of this
paper, and whether it be a libel or no:
And as to the bufinefs of the Parliaments
you mentioned, they are not to the pur-
pofe.

Sir Robert Satvyer. My Lord, I fay, I
would put it where the queflion truly lies;
if they do not difpute the point, then v/e
need not labour it ; but I do not know
whether they will or no, and therefore I
beg your Lordfliip's favour to meniion one
cafe more, and that is upon the Itatute of
31 Hen. VIII. cap. 8. which enables the
King by proclamation in many cafes to
create the law, which ftatute was repealed,

1 lidw. VI.

A COLLECTION

1 E;lw. VL cap. 12. That very aft does
recite, that the Luv is not to be altered or
rellrained but by Ai5t of Parliamenr, and
therefore the Parliament enables the King
to do lb and i'o : But that was fucli a
powrr, that the Parliament thought not fit
to continue, and it was afterwards re-
pealed ; but it fliews, that at that time the
Parliament was ot the Tame opinion as to
this matter, that other Parliaments have
been fnce.

Somers. My Lord, I would only mention
the great cafe of Tho.mas and Sorrel in the
Exchequer Chamber, upon the validity of
a dilpenfition of the flatute of Edward VL

O F

TRIALS. 737

thought of. Your Lordlhip will pleafe to
obferve how far it went, how careful they
were that they might not any way jullly
-ii- _ 1 .1. _ t^- They did not interpofe.

offend the King

touching felling of wine : There it was the
opinion of every one of the Judges, and
they did lay it down as a fettled pofition,
that there never could be an abrogation, or
a fufpenfion (which is a temporary ab
rogation) of an Acl of Parliamenr, but by
the legiflative power. That was a foun-
dation laid down quite through the debate
of. ihe cafe: Indeed it was difputed, how
far ilieKing might difpenf; with the penal-
ties in fuch a particular law, as to par-
ticular perfons ; but it was agreed by all,
that the King had no power to fufpend any
law : And, my Lord, I dare appeal to
Mr. Attorney-General himfelf, whether in
the cafe of Godwin and Hales, which was
lately in this court, to make good that dif-
penfation, he did not ufe it as an argument

by giving advife as Peers ; they never
llirrcd till it was brought home to them-
felvcs; wiien they made their petition, all
they beg 'h. That it may not fo far be in-
fixed upon by his Majefly, as to oblicre
the.m to read it; whatever they thought of
it, they do not take upon them to defire
the Declaration to be revoked.

My Lord, as to matters of fact alledged
in the fame petition, that they are perfectly
true, we have fhewn by the Journal of both
Houfes. In every one of thofe years v/hich
are mentioned in the petition, the power
of difpenfation was confidered in Parlia-
ment, and upon debate, declared to be
contrary to law ; there could be no defian
to dii-ninifli the prerogative, becaufe the
King hath no fuch prerogative.

Seditious, my Lord, it could not be,
nor could polTibly ftir up fedition in tha
minds of the people, becaufe it was pre-
fented to the King in private and alone:
Falfe it could not be, becaufe the matter
of it is true : There could be nothing of
malice, for the occafion was not fought
the thing was preffed upon them: And. a
libel it could not be, becaufe the intent was
innocent, and they kept within the bounds
fet by the A6t of Parliament, that o-jves

then, that it could not be expounded into [ the fubjeiSt leave to apply to his Prince b/
a fufpenfion : He admitted it not to be in [ petition, when he is aggrieved

the King's power to fufpend a law ; but
that he might give a difpenfation to a par-
ticular perfon, was all that he took upon
him to juflify at that time.

My Lord, by the law of all civilized
nations, if the Prince does require fome-
thing to be done, which the perfon (who
is to do it) takes to be unlawful, it is not

Ihen Mr. SoJlicitor (Sir William \\'i!-
liams) fummed upon the evidence, and
made his obfervations on it for the
King.

Sol. Gen. My Lord, and Gentlemen of
the Jury, I am of counfel in this cafe for
the King, and I fliall take leave to proceed
in this method : Firil, I ihall put the cafe

only lawful, but his duty, refcribere Prin- \ of my Lords the Bilhops, and then con-
dpi ; this is all that is done here, and that j fider the arguments that iiave been ufed in
in the. moft humble manner that could be ( their defence, and anfwtr them as much as

Vol. L No. 31.

738 A C L L E C

is material to be anhvcred ; and then leave
it 'to your Lord fnip, and the Jury's con-
fideration, whether what has been laid by
thefe gentlemen, weigh any thing in this
cafe ?

Firfl-, my Lord, 1 take it for granted,
and 1 think the matter is pretty plain by
this time, by my Lord Prefident's evidence
and their own confefTion, that it is not to
be difpntcd but that this paper was pre-
jentcd by thefe Lords to the King : I think
there is no great difficulty in tliat matter
at all ; but I jufl: touch upon it, becaufe I
would follow them in their own method.

Then, my Lord, let us take this cafe as
it is, upon the nature of the petition, and
the evidence that they have given •, and
then let us fee, whether that will juftify
the thing that is done: For the bufincls ot
petitioning, I would difcinguifli, and en-
quire, whether my L.ords the Bifhops, out
of Parliament, can prefent any petition to
the Kino; ? I do a^ree, that in Parliament
the Lords and Commons may make ad-
drefles to the King, and fignify their
dcfires, and make known their grievances
there •, and there is no doubt but that is a
natural and proper way of application :
For in the beginning of the Parliament,
there are receivers of petitions appointed,
and upon debates, there are committees
appointed to draw up petitions and ad-
drefl'es ; but to come and deduce an argu-
ment, that becaufe the Lords in Parliament
have done thus, (there being fuch methods
of proceedings ufual in Parliaments) there-
fore my Lords the Bifliops may do it
out of Parliament, that is certainly -d Non
fequitur ; no fuch conclufion can be drawn
from thofe premifes.

My Lord, 1 fhall endeavour to lay the
fact before you qs it really is, and then
tonfider what is proper for the court to
take notice of, as leg d proof or evidence :
And I take it, all thofe precedents that
ihey have produced, of what the Lords^

T I O N OF TRIALS.

did, and what the Commons did, in Par-
liament, is no warrant for them to fhelter
themfelves under, againft the information
here in queftion.

Here Mr. Juflice Powel fpake afide to
the Lord Chief Juflice, thus :

Juftice Pcivcl. My Lord, this is fhrange
dodlrine ; fliall not the fubjeft have liberty
to petition the King, but in Parliament ?
If that be law, the fubjcft is in a miferable
cafe.

L. C. J. Brother, let him go on ; v/e
will hear him out, though I approve not of
his pofition.

Scl. Gen. The Lords may addrefs to the
King in Parliament, and the Commons may
do it; but therefore, that the Bifliops may
do it, out of Parliament, does not follow :
I heard nothing faid that could have given
colour to fuch a thing, but the curfe that
has been read in i Liiz.

But pray, my Lord, let us confider that
evidence they have given ; they have
begun with that record in Richard the
Second's time •, and what is that ? That
the King may difpenfe with the llatute of
provifors, till the meeting of the next Par-
liament, and a proteftation of the Commons
at the end of it, whether that be an Adl of
Parliament that is declaratory of the com-
mon law, or introdudory of a new law,
no7i conjlct \ and for ought appears, it
might be a declaratory act;, and if fo, it is
a proof of the King's prerogative of dif-
penfing. It might be an acl in affirmance
of the King's prerogative, as there are a
great many fuch, we very well know ; and
generally m.oft of the laws in that kind,
are in affirmance of the King's power; lb

that the law turns as an argu.ment for the
King's prerogative, and they have given
him that which will turn upon themlclvcs :
So it flood in Richard the Second's time;
but whether that be an argument one way
or other conclufive, is left to your Lord-s
fhip and the jury.

A COLLECTIO

Ay but, fay they, there is no execution
of fuch a power, till very lately ; and the
firft inltance they produce, is, that in the
year 1662 : But your LorJfhip knows,
that before the reign of Henry IV. there
was great jurifdiction aflumed by the Lords
in original caufes : Then comes the ftatute
of appeals, i Hen. IV. which takes notice,
that before that time, the Lords had
affumed an original jurifdiftion in all
caufes, and would proceed, and determine
them in Parliament and out of Parliament ;
and it fell out to be fo- great a grievance,
that it was thought neceflary to make a law
againft it, that appeals in Parliament fliould
be abolifhcd and deftroyed ; and then comes
that law in favour of the fubjefts of Eng-
land, and that fettles the bounds between
the King and the Lords, in a great mea-
lure : Before that time, the Lords were
grown very powerful, and where there is a
power, there always will be applications :
And what is the effeft of that ftatute, i
Hen. IV ? for all that we endeavour is, to
make things as plain as can be, that no
further applications, no accufations, no
proceedings in any cafe whatloever, be
before the Lords in Parliament, unlefs it
be by impeachment of the Commons ; fo
that there is the Jahc ; and the ufe that I
make of it, is this: The Commons, by
that very llatute, did abolifh the power
that the Lords had arrogated to themfelvcs ;
and ordered, that they fnould not meddle
v^ith any caufe, but upon the inipeach-
mcnt ot the Houfe ot Commons, and efta-
blidi the impeachment of the Commons,
which is as antient as the Pirliamenc, for
that was never yet fpoken againll, the
power of the Commons impeaching any
p-rfon under the degree of the Prince, and
that is the regular legal way ;: and fo the
Commons afTerted their ancient right, and
whatloever the Lords took notice of, mult
come by application of the Commons ;
then conferences were to pafs between the

N OF TRIALS. 739

[ Houfes, and both Houfes, by adurefles,
; apply to the King : This is the proper way
I and courfe of Parliament, of which my
I Lord Cook fays, it is known to few, and
\ praftifed by fewer ; but it is a venerable
j honourable way, and this is the courfe that
fliould have been taken by my Lords here,
and they fliould have ftayed till the com-
plaint had come from the Commons in
Parliament, and then it had been regular
j for them to addrefs to the King : But they
' were too quick, too nimble.

And whereas the ftatute of Hen. IV.
fays, that no Lord whatfoever fliall inter-
meddle with any caufe, but by the im^
! peachment of the Commons, they inter-
pofe, and give their advice before their
time •, and if there be any irregularity in
j Parliament, or out of Parliament, the Com-
i mons are to make their com-plaint of it ;
\ and a man muft not be his own Judge, nor
his own carver ; nor muft every man create
difficulties of his own, nor fet upon peti-
tioning in this fort : But there I lay my
foundation, that in fuch a matter as this,
there ought to have been the impeachment
' of the Commons in Parliament, before
thefe Lords could do any thing: And I
know nothing can be faid for the Bidiops
more than this, that they were under an
I Anathema^ under the curfe that Sir Robert
Sawyer fpeaks of-, and for fear of that,
they took this irregular courfe. But fome
would fay, better fall into the hands of
j God than of men : Some would fay fo,
I (I fay) 1 know not what they would fay:
I But thefe being the methods that thefe
j Lords fliould have taken, they fliould have
purfued that method : The law flioull
have carved out their relief and remedy for
them ; but they were for going by a new
fancy of their own.

My Lord, the law conti.Tued thus, and
was praftifed {o till 3 Hen. VIL where the
grievance was found, that offences in the
intervals of Parliament could not well be

punilhed :

74 o

A COLLECTION of TRIALS.

puniflied : And then comes the llatute that
jets up the Court of Star-Chamber; and
there men were often brought to judgment
and pnnifhaient for their fias : And though
very great power was given them,' yet they
arrogated to themfelves a greater •, anci
therefore that court is aboliflied by the
ftatute of 15 Car. I. Ami what is the
realon of abolifhin:! that ilatute .'' Becaufe
the Star-Chamber did not keep within their
bounds that the law fet them, but aflumed
to themlelves a larger power than the law
would allow ; and grew very exorbitant
and very grievous to the iubieft. And
another realon was, which the ftatute of
15 Car. I, founded itfelf upon, becaufe
there v;3s nothing that was brought in
judgment before that court, but might be
relieved and remedied in th; ordinary me-
thods of juftice in the courts in WeftnVinfter-
Hall : So that upon thefe two conf.de-
rations, becaufe that courfe was exorbitant,
and becaufe all the fins and mifdemeanors
that were punifhed there, might be punifn-
ed in an ordinary way of law in another
court, and therefore there was no need of
that court ; and fo it was abolifhed, and
the fubjeft was pretty fafe. If there was
a crime committed here, a man might
come properly before your Lordfhip into
this court, and have it punillied.

My Lord, they find fault with the words
in the information, and they fay, why are
thd'c words -pui \n, fecUlious, malicious? If
the matter be libellous and feditious, we
iTiay lawfully fay fo j and it is no more than
the law fpeaks ; it refults out of the matter
itfelf i and if it be a libellous paper, the
law fays, it is malicioufly and feditioufly
done. And thefe gentlemen need not
quarrel with us, for io are all the informa-
tions in all times part ; and 'tis no more
than the vi ^ urmis, which is common
form. It miay be faid, how can the pub-
lifliing of a libel be faid to be done vi &'
armis ? That is only a fuppofition of law ;
and they may as well objed to the con-

clufion of the information, that it was
contra ccronam, et dig}titnteiu Domini Regir,
If ic he an illegal thing, or a libel, thefe-
are necefTary. confcquences : It is no miore
tian the fpeakingof the law upon the fadt.

But, my Lord, let us a little confider,
whether this matter were v/arrantable, and
whether they had any warrant to do what
was done: They pretend it was done upon
this account, that the King had fct forth a
Declaration, and had ordered them to read
it •, which to excufe themfelves from, they
make this petition, or this libel, (call it
what you will) : And they ufe this as the
main argument, that they fay the King has
done illegally ; and they tell the King
plainly fo, that it is illegal : For they take
notice of this Declaration, and fay ic is il-
legal, becaufe it is contrary to the De-
clarations of Parliament in 1662, 1672,
and 1685. ;

Pray, my Lord, let usconfider a little,
whether there be any Declaration in Parlia-
ment that they have given evidence of:
Have they read any Declaration of the Par-
liament 1662 ? What is a Declaration in
Parliament, but a bill that is pafled by the
King, Lords, -and Commons.-' That we
know to be the meaning, and no other ;
If it pafs the Commons it is no Declaration
in Parliament; nay, if it pafs the Lords
and Commons, it is not a Declaration in
Parliament, except it alio pais the King.
All thcle things are nullities, and the law
takes no notice of them : We have it iji
our books over and over ; and no court
ou"ht to fuffer iuch evidence to be given.
I know thele gentlemen are very well ac-
quainted with the authority in Fitz- Her-
bert's Title Parliament : There was an A(5t
that was laid to be by the King and the
Lords ; but becaule the Commons did noc
agree to it, it is declared and adjuged to be
a nullity ; and the court would take no
notice of it, and how can any man call thac
a declaration in Parliament which is only a

vote

A COLLECTIO

vote of the Houfe of Commons, or of the
Lords ? No fure ; that is one of the heads
I go upon : It is not a declaration in Par-
liament, unlefs it be by an A(5l of Parlia-
ment.

Indeed, my Lord, there is another fort
of a declaration in Parliament before the
Lords, as they are a court of judicature,
and that is a fair declaration too -, for if any
thing comes judicially before the Lords,
either by writ of error, or by natural ap-
peal trom any of the other courts, or by
adjournment, and there be any judgment
given, that is a declaration in Parliament,
and maybe fairly fo called. So likewife
there is another judicial declaration, which
is, when any thing comes before the Lords
judicially, upon an impeachment of the
Commons, and they give judgment, that is
a declaration in Parliament : But to fay,
that there is any other declaration in Par-
liament, is to fay more than thefe gentle-
men can make out. If they will fhew me
any fuch, 1 will fubmit to them, and not
fpeak a word againft my Lords the Biihops ;
but if thefe learned gentlemen cannot fhew
me any fuch, then they have not faid that
was true in this petition, that it was fo
and lb declared in Parliament.

Per let us confider what there is in this
cafe upon this evidence ; for that in 1662
is only a vote and an opinion of the Houfe
of Commons : And I always underftood,
and have been told fo by fome of the gentle-
men of the other fide, that fuch a vote fig-
nifies nothing -, but belides, it feems to be
a mil^aken addrefs ; for they fay in it, that
the declaration in i 62, which they addrefs
ag.> nil, was the firft declaration of that
for% to fufpend laws without Aft of Par-
liament •, and yet in the fame breath they
do take notice of the King's declaration
from Breda. But here is a mighty argu-
ment ufcd from the King's fpeech, that be-
caufe he wifhcJ he had I'uch a power, this
muft be declared in Parliament that he had

Vol. I. No. qi.

N o F T R I A L S. 741

no fuch power. Is the fpeech of the Prince
a declaration in Parliament? All the
fpeeches that were made upon the opening
of the Parliament, will you fay they are de-
clarations in Parliament ? Then the Chan-
cellor, or the Keeper's fpeech, or the Lord
Privy Seal's, mufb be a declaration in Par-
liament. Whoever fpeaks the fenfe of the
King, if he does not fpeak that which is
livj and right, is qucltionable for it -, and
icveral have been impeached for fo doing ;
for they look not upon it as the King's
fpeech, except it be according to law •, no-
thing can turn upon the Prince but what is
legal ; if it be otherwife, it turns upon him
that fpeaks if. I never did hear that a
fpeech made by the Chancellor (and I will
appeal to all the Lords that hear me in it)
was a declaration in Parliament.

Then, my Lord, we come to the bufinefs
in 1672, which with that in 1662, and that
in Breda, (hews that this of the King's is
not fuch a novelty, but has been done often
before. In 1672, the King was in diftrefs
for money, being intangled in a Dutch war,
and wanted fupply : He capitulates with
his Commons, you have heard it read ;
and, upon the Commons addrefs, he afferts
it to be his right, and makes his complaint
10 the Lords how the Commons had ufed
him ; for, when he gives them a fair an-
fwer, they reply, and there are conferences
with the Lords about it ; but at length it
all ends in a fpeech by the King, who
comes and tells them of his prefent necef-
fities, and fo he was minded to remit a little
at the inftigation of the Commons -, and he
has a good lump of money for it. Would
this amount to a declaration in Parlia-
ment ? Can my Lords the Bifhops fancy or
imagiiie, that this is to be impofed upon
the King, or upon t!ie court, for a decla-
ration in Parliament ?

Then, laft of all, for that in 1685, in
this King's time, what is it ? The Com-
iTions make an addrefs to the King, and '
5 B complain

74 2 A C O L L E C T I O

complain to his Majedy of feme of his cF-
ficers in hi 5 army, thac might pretend to
have a difpenration, fomething of that na-
ture, contrary to the Tetl Act : And what
is done upon it ? They make their appli-
cation to the King, and the King anhvers
them, and that is all. But fince it is
Ipoken of in the court, I v/ould take no-
tice, that it. is very well known by the cafe
of Godwin and Hales, the judgment of
this court was againft the opinion of that
addrefs.

But what fort of evidence is all this ?
Would you allow all the addreiTes of the
Houfe of Commons to be evidence ? Give
me leave to fay it, my Lord, if you fuffer
the votes, thefe copies of imperfed bills,
thefe I'.dJrelTes and applications of one or
both Houfes to the King, to be evidence
and declarations in Parliament, then what
will become of the bill of exclufion ? Shall
any body mention that bill of exclufion to
be a declaration in Parliament ? If fo, then
there is declaration againft declaration •,
the declarations of the Commons againft
the declaration of the Lords. I know not
what judgment my Lords the Bifliops may
be of now, concerning thole things of votes
and addreiTes being declarations in Parlia-
ment, but I am fure they have fpoken
againft it heretofore ; nay, I am fure fome
of them have preached againft it.

And if my Lords the Bifliops have faid,
thefe are declarations in Parliament, and
they arc not declarations in Parliament ;
and if they accufe the King of having done
an illegal thing, becaufe he has done that
which has been declared in Parliament to
be illegal, when it was never fo declared,
then the confequence is very plain, that
they are miftaken fometimes ; and 1 fup-
pofe by this time they believe it.

I dare fay, it will not be denied me, that
the King may, by his prerogative royal,
iflTue forth his proclamation ; itisaselTential
ii prerogative, as it is to give his aflcnt to

N OF TRIALS.

an Aft of Parliament to make it a l.uv.
And it is another principle, which I think
cannot be denied, that the King may ma'^-e
conftitutions and orders in matters ecciifi-
aftical i and tliat thefe he m.i.y make out
of Parliament, and without the Parlianit-nr,
If the King may do fo, and thefe are his
prerogatives, then luppofe the King does
iffue forth his royal proclamation (and fuch
in efFe£t is this declaration under the Great
Seal) in a matter ecclefiaftical, by virtue of
his prerogative royal, and this declaration is
read in the counciland publiflied to tlie world •,
and then the Biftiops come aivd tell the
King, Sir, you have iflued out an illegal
declaration, being contrary to what has
been declared in Parliament, when there is
no declaration in Parliament : Is not this a
diminiihing the King's power and prero-
gative, in ilTuing forth his declaration, and
making conftitutions in matters ecclefi-
aftical ? Is not this a queft'oning of his
prerogative ? Do not my Lords the Bi-
fliops, in this cafe, raife a queftion between
the King and the people? Do not they (as
much as in them lies) ftir up the people to
fedition ? For who fliall be judge between
the King and the Bifliops .? Says the King,
I have fuch a power and prerogative to
iffue forth my royal proclamation, and to
make orders and conftitutions in matters
ecclefiaftical, and that without the Parlia-
ment, and out of Parliament. Say my
Lords the Billiops, you have done fo, but
you have no warrant for it. Says the
King, every Prince hath done it ; and I
have done no more than what is my prero-
gative to do ; but this, fay the Billiops, is
againft law. How fhall this be tried ?
Should not the Bifliops have had the pa-
tience to have waited till a Parliament
came? When the King him.felf tells them,
he would have a Parliament in November
at the furtheft.

L. C. J. Pray, Mr, Sollicitor, come
clofetothe bufinefs, for it is very late.

So/. Gen.

A COLLECTION

So'. Geii. My Lord, I beg your patience,
you have lind a great deal ot patience with
them ; pray ipare me a little;, i am faying.
When the King hiaifelf tells them that he
WGvdj liave a Parliament in November at
fiirtheil, yet tliey have no patience to flay
.till November, but m;ike this application to
him: Is not this railing a qucllion upon
the King's prerogative \n iiiuing forth de-
clarations ? and upon the King's power
.and right in matters ecclefiartical ? And
when I have faid this, that my Lords the
Eilliops have fo done; if they have ralfed a
queftion upon the right of the King, and

m m;

743

tters

the pov/cr of the King in matters ecclefi-
aftical, then they have ftirred up fedition.
That they have lb done, is pretty plain ;
and for the confequence of it, I fliall appeal
to the cafe in the 2 Cro. 2 Jac. I. That it
is a plain diredt authority for me.

Juft. Po-wel. Nay, iVIr. Sollicitor, v.e
all very well know, to deny the King's
authority in temporals and fpirituals, as
by Aft of Parliament, is high-treaibn.

Sol. Gen. I carry it not fo far. Sir : We
have a gracious Prince, and my Lords the
Biibops find ii fo by this profecution. But
what fays that cafe ? It is printed in three
book's, in Noy too, in Moor 375, and in
Mr. Jutt. Cro. 371, lays that cafe, the
King rr.ay make orders and conilitutions in
matters ecclefiaflical.

Juic. Povel. But how will you apply
tha cafe to this in hand, Mr. Sollicitor {

Sol. Gen. I will apply it by and by,- Sir.
I would firft (hew wliat it is : There :s a
convention ot the grcaceft men in the king-
dom-^ —

Jult. Poivel. Indeed, Mr, Sollicitor, you
flioct 3t rovers.

Sol. C.n. There is the Lord Privy Seal,
the Archbi nop of Canterbury, and a grea.
many other. : It is the greaieil: aficmb.'y
wc mee. v,ith in our books ; and all of
them are ot this opinion, that the King may

OF TRIALS.

make orders and conftitutions
ecclc-fiailical.

My Lord, there is another authority, and
that is, from the Itac. i Eliz. which erefted
the Pligh Cominiflion Court ; and that
ftatuce was not introduftory of a new law,
but declaratory of the old law. 'I'he Kinp-
by liis proclamation, declares his fenfe ta
do fuchand fuch 3 thing ; the court, and
all perfons there, give their judgment and
opinion upon that llatute, that they looked
upon it as the grofleft thing, and the
foukfi: affront to the Prince, for any man
to bring into queftion that power of the
King in matters ecclefiaflical ; it is faid to
be a very high crime. Why then, my
Lord, what is done in this cafe ?

Jufl. Pozvel. Mr. Sollicitor, pray, when
you are applying, apply that other part of
the cafe too, which fays, it was a heinous
offence, to raife a rumour that the King did

tend

to grant a general toleration : And

IS there any law fince that has changed it,
Mr..<=;oliicitor .'

Scl. Gen. In the main, judgment goes
another way : As for that part, it was per-
fonal to the Prince that then was, of whom
they had fcandaloully reported, that he in-
tended to do iuch a thing. They looked
upon it as a fcandal to King James •, that
it was a lowing fedition, and Itirring up
people againft the government ; and that
will come up to our cafe; For as foinemen
do it on the right fide, others do it on the
left: And whoever he be that endeavours
to bring a .nOike of the King in the people,
that is moving fedition againit the Prince i
but that is peifonal to the Prince himl'elf, .
and does not go to his fucceffors.

Nov, my Lord, I ■. ome to that vvhich is
very plain, from tne cafe of De Ltbe.lis Fa-
"'.ojis : ■:' any perfon, "": any paper, have
flan lered the government, y ,11 are not to
..iianMne v.'ho is in tlie right, and who is in
the wrong ; whether whet they faid to be
^une by the government be legal or i.o j

but

744 A C O L L E C T I

but whether the party have done fuch an
aft. If the King have a pov^er (tor ftill I
keep to that) to ifTue forth proclamations
to his fubjects, and to make orders and
conrtitutions in matters ecclefiaftical ; if he
does iffue forth his proclamation, and
make an order upon the matters within his
power and prerogative ; and if any one
would come and bring that power in quef-
tion, I fay that is fcdition ; and you are not
to examine the legality, or illegality of the
order or proclamation : And that I think
is very plain upon that cafe, in the 5th re-
port ; for it fays, If a perfon does any
thing that is libellous, you fliall not exa-
mine the fact, but the confequence; whe-
ther it tended to ftir up fedition againft the
public, or to ftir up ftrife between man
and man. In the cafe of private perfons,
as if a man fhould fay of a judge, he has
taken a bribe, nnd I will prove it : This
is not to be fent in a letter-, but they muft
lake regular way to profecute it according
to law.

If it be fo in the cafe of an inferior ma-
giftrate, what muft it be in the cafe of the
King ? To come to the King's face, and
tell him (as they do here) that he has aifted
illegally, doth certainly, fufficiently prove
the matter to be libellous. What do they
•fay to the King ? They fay and admit, that
they have an an averfenefs for the declara-
tion ; and they tell him from whence that
averfenefs doth proceed -, and yet they in-
fmuate, that they had an inclination to
gratify the King, and embrace the Dif-
fenters, that were as averfe to them as could
be, with due tendernefs, when it fhould be
fettled by Parliament and Convocation
Pray, what hath their Convocation to do in
this matter .-■

/,. C. J. Mr. Sollicitor General, I will
not interrupt you ; but, pray, come to the
bufinefs before us •, fhew us that this is in
diminution of the King's prerogative ; or
that the King ever had fuch a prerogative.

N OF TRIALS.

Sol. Gen. I will, my Lord ; I am ob-
ferving what it is they fay in this petition —
They tell the King, it is inconfiftent with
their honour, prudence, and confcience, to
do what he would have them to do ; and
if thefe things are not refleftive upon the
King and government, I know not what is :
This is not in a way of judicature -, pofiibly
it might have been allowable to petition the
King to put it into a courfe of iuftice,
whereby it may be tried ; but alas ! there
is no fuch thing in this matter. It is not
their defire to put it into any method of
trial ; and fo it comes in the cafe DeLibellis
Famofis; for by this way, they make
themfelves judges, which no man by law is
parmitted to do. My Lords the Bifhops
have gone out of the way ; and all that
they have offered does come home to juf-
tify them •, and therefore I take it, under
favour, that we have made it a good cafe
for the King : We have proved what they
have done ; and whethci this be warrant-
able or not is the queftion, gentlemen, that
you are to try. The whole cafe appears
upon record ; the declaration and petition
are fet forth, and the order of the King and
council. When the verdidt is brought in,
they may move any thing what they pleafe
in arrefl: of judgment: They have had a
great deal of latitude, and taken a great
deal of liberty ; but truly, I apprehend,
not fo very pertinently. But 1 hope we
have made a good caufe of it for the Kina,
and that you, gentlemen, will give us a
verdict.

Juft. Holloway. Mr. Sollicitor, there is
one thing I would feign be fatisfied in -, you
fay the Bifhops have no power to petition
the King

Sol. Gen. Not out of Parliament, Sir.

Jult. Holloivay. Pray give me leave, Sir.
Then the King having made fuch a decla-
ration of a general Toleration and Liberty
of Confcience •, and afterwards he comes
and requires the Billiops to difperfe this de-
claration ;

A COLLECTIO

claration •, this they fay, out of a tendernefs
of conlcience, they cannot do, btrcaufe they
apprehend it contrary to law, and contrary
to their funftion. What can thty do, if
they may not petition ?

Sol. Gen. I will tell you what they fliould
have done, Sir. If they were commanded
to do any thing againft their conlciences,
they fhould have aquiefced till the oieeting
of the Parliament.
[At which iome people, in the court hifled.]

Alt, Gen. This is very fine, indeed : I
hope the court and the jury will take notice
of this carriage.

Sol. Gen. My Lord, it is one thing for a
man to fubmit to his Prince, if the King
lay a command upon him that he cannot
obcv, and another thing to affront him. If
the King will impole upon a man what he
cannot do, he muft acquiefce-, butiliall he
come and fly in the face of his Prince .''
Shall he fay it is illegal ? and that the
Prince atts againft prudence, honour, or
confcience •, and throw dirt in the King's
face ? Sure that is not to be permitted ;
that is libelling with a witnefs.

L. C. J. Truly, Mr. Sollicitor, I am of
opinion, that the Bifhops might petition the
King, but this is not the right way of
bringing it; I am not of that mind, that
they cannot petition the King out of Par-
liament ; but if they may petition, yet they
ought to have done it after another man-
ner ; for if they may in this reflediveway
petition the King, I am fure it will make
the government very precarious.

Juft. Fowel. Mr. Sollicitor, it would
have been too late to Itay for a Parliament,
for it was to have been dillribured by fuch
a time.

Sol. Gen. They might have laid under it,
and fubmitted.

Juft. Poivel. No, they would have run
into contempt of tiie King's command,
without petitie'ning the King not to inuft
upon ft 5 and if they had petitioned, and
not have flicwn the reafon why they could

Vol. J. No. 32.

N OF T R I A L S. 745

not obey, it would have been looked upon
as a piece of fullennefs ; and that they
would have been blamed for, as much on
the other fide.

L. C. J. I do alTure you, if it iiad not
been a cafe of great concern, I would not
have heard you fo long: It is a cafe of a
very great concern to the King and the go-
vernment on the one (ide, and to my Lord;
the Bifliops on the other ; and I have taken
all the care I can to obferve what has been,
faid on both fides. It is not to be c.xpedtd
that 1 fhould repeat all the fpeeches, or tli?
particular fad;s ; but I will put the iury in
mind of the moft material things, as welt
as my memory will give me leave -, but i
have been interrupted by fo many long and
learned fpeeches, and by the length of tlif;
evidence which has been brought in, in a
very broken, unthethodical way, that I fliali
not be able to do fo well as I would.

Gentlemen, thus ftands the cafe : It is
an information againft my Lords the Bi-
fliops, his Grace my Lord of Canterbury,
and the other fix noble Lords •, and it is
for preferring, compcfing, maki' g, and
publifhing, and caufing to be pubh ud, a
feditious libel : The way that the informa-
tion goes is fpecial, and it fets forth, that
the King was gracioufly pleafed, by his
royal power and prerogative, to fct forth a
declaration of indulgence for Liberty of
Confcience, in the third year of his reign ;
and afterwards, upon the 27th of April, in
the fourth year, he comes and makes ano-
ther declaration ; and afterwards, in May,
orders in council, that this declaration Ihoukf
be publifhed by my Lords the Bifnops m
their feveral diocefes -, and after this was
done, my Lords the Bifliops come and pre-
fent a petition to the King, in which were
contained the words wliich you havefcen.

Now, gentlemen, the proofs that have

been upon this, you will fee wiiat they are -,

thetwodeclarations are proved by the clerks

of the council, and they are brought here

5 C under

746

A COLLECTION of TRIALS.

vmder the Great Seal : A queftion did arife,
whether the prints were the iame with the
original declarations ? and that is proved
by Hills, or his man, that they were exa-
Kiined, and are the fame : Then the order
of council was produced by Sir John Ni-
cholas, and has likswife been read to you ;
then they come to prove the fact againft the
Bifliops, and firfl they fall to proving their
hands ; they begun indeed a great way off,
and did not come fo clofe to it as they af-
terwards did ; for fome of their hands they
couid hardly prove, but my Lord Arcii-
bifhop's hand was only proved, and fome
others; but there might have been fome j
queftion about that proof, but afterwards ,
it came to be proved, that my Lords the]
Bifnops owned their hands -, which, if they
had produced at firft, would have made the
caufc fomething fhorter than it was.

The next queftion that did arife, was
about the publilhing of it, whether my
Lords the Bifhops had publiflied it ? and
it was infifted upon, that no body could
prove the delivery of it to the King : It
was proved tiie King gave it to the coun-
cil, and my Lords the Bilhops were called
in ; there they acknowledged their hands,
but nobody could prove how it came to the
King's hands -, upon which we were all of
opinion, that it was not kich a publifliing
as was within the information ; and I was
going to have directed you, to find my
Lords the Bilhops not guilty ; but it hap-
pened, that being interrupted by an honeft,
worthy, learned gentleman, the King's
council took the advantage, and informing
the court that ihey had further evidence for
the King, we ftaid till my Lord Prclident
came, who told us how the Bilhops came
to him to his office at Whitehall, and after
they had told him their dcfign, that they
had a mind to petition the King, they asked
him the method they were to take for i',
and defired him to iiclp them to the fpeech
jof the King : And he tells them he will

acquaint the King with their defire, which
he does ; and the King giving leave, he
comes do vn, and tells the Bifliop^ that
they might go and ipeak to the Ku.g when
they would ; and (fays he) I have given
d;redion that the door fhall be opened for
you as foon as you come : With that the
two Bifhops went away, and faid, they
would go and fetch their other brethren ;
and io they did bring the other four, but
my Lord Archbifhop was not there ; and
immediately v^hen they came back, they
went up into the chamber, and there a pe-
tition was delivered to the King. He can-
not fpeak to that particular petition, becaufe
he did not read it ; and that is all he knew
of the matter, only it was all done the fame
day, and that was before my Lords the Bi-
fliops appeared in council. Gentlemen,
after this was proved, then the defendants
came to their part, and thefe gentlemen
that were of counfel for my Lords let them-
felves into their defence by notable learned
fpeeches, by telling you, that my Lords the
Bifhops are guardians to the church, and
great Peers of the realm, and were bound
in confcience to take care of the church :
They have read you a claufe of a ftatute
made in Queen Elizabeth's time, by which
they fay, my Lords the Bifliops were under
a curfe, if they did not take care of that
law. Then they fliew you fome records ;
one in Richard the Second's time, which
they could make little of, by reafon their
witnefTes could not read it ; but it was, in
lliort, a liberty given to the King to dif-
penfe with the flatute of provifors. Then
they Ihew you fome journals of Parliament,
firlt in the year 1662, where the King haci
granted an indulgence 1 and the Houfe of
CoiTimons declared it was not fit to be
done, unlefs it were by Aft of Parliament ;
and they read the King's fpeech, wherein
he fays, he wifned he had luch a power ;
and folikewife in 1672, which is ail nothing
but addrelTcs and votes, or orders of the

Houfe,

A COL LECTIO

HouTc, or ditcourffs, either the King's i
fpeech, or the Uibjefts addrclles ; but theCe i
are net declarations in Parliament, that is !
infifted upon by the counlel for the King,
that what is a declaration in Parliament, is
a law, and that: muft be by the King,
Lords, and Commons -, the other is but
common dilcourle, but a vote of the Houfe,
or a ficrnification of their opinion, and can-
not be faid to be a declaration in Parlia-
ment. Then they come to that in 16S5,
where the Commons take notice of fome-
thincr about the foldiers in the army, that
had not taken the teft, and make an addrefs
to the King about it ; but in all thefe things
(as far as I can obferve) nothing can be
cathered out of them one way or other •, it
is all nothing but difcourfes. Sometimes
this difpenfing power has been allowed, as
in Richard the Second's time, and fometimes
it has been denied, and the King did once
wave it-, Mr. Sollicitor tells you the rea-
fon, there was a lump of money in the cafe :
But I wonder indeed to hear it come from
him.

Sol. Gen. My Lord, I never gave my
vote for money, I allure you.

L. C. J. But thofe concefllons which the
King fometimes makes for the good of the
people, and fometimes for the profit of the
Prince himfelf, (but I would not be thought
to diftinguifh between the profit of the
Prince and the good of the people, for they
are both one -, and what is the profit of
the Prince, is always for the good of the
people ;) but I fay, thofc conceffions muft
not be made law, for that is referved in the
King's breaft to do what he pleafes in it at
any time. The truth of it is, the difpenfing
power is out of the cafe, it is only a word
ufed in the petition -, but truly I will not
take upon me to give my opinion in the
queftion, to determine that now, for it is
not before me ; the only queftion before
jTie is, and lb it is before you, gentlemen,
it being a queftion of faft, whether here be

N OF TRIALS. /4.7C

a certain proof of a publication ? and then
the next queftion is a qiieftion of law in-
deed ; whether, if there be a publication
proved, it be a libel ?

Gentlemen, upon the point of the publi-
cation I have fummed up all the evidence
to you ; and if you believe, that the peti-
tion which thefe Lords prefented to the
King, was this petition -, truly, I think,
that is a publication fufficient •, if you do
not believe it was this petition, then my
Lords the Bifliops are not guilty of what is
laid to their charge in this information,
and confequently there needs no inquiry,
whether they are guilty of a libel : but if
you do believe that this was the petition
they prefented to the King, then we muft
come to enquire, whether this be a libel.

Now, gentlemen, any thing that fliall
difturb the government, or make mifchief,
and a ftir among the people, is certainly
within the cafe oi Libellis Famofis ; and I
muft in fliort, give you my opinion, I do
take it to be a libel. Now, this beino- a
point oflaw, if my brothers have any thing
to fay to it, I fuppofe they will deliver their
opinions.

Then Mr. Juftice Holloway delivered
his opinion, and laid ; as it was the ri^ht
of every fubjecSt to petition, it could not be
a fault, unlels it were done with an ill in-
tent : Indeed if the jury were fatisfied it was
done with an ill intention, as to raife fedi-
tion or the like, they ought to find them
guilty ; but if they did deliver the petition
to fave themfelves harmlefs, and to free
thenifelves from blame, by ft-iewing the
reafon of their difobedience to the Kino-'s
command, which they apprehended to be a
grievance to them, and which they could
not in confcieftce give obedience to, he
could not think it was a libel.

The jury had leave to fend for wine, and
defiring they might have the papers out
with them, which had been g-iven in evi-
dence

748 ACOLLECTI

dence, the Chief Juftice faid, they might \
have a copy of the information, the libel,
and the declaration vmder feal, but not the
votes of ilie Hoiife of Commons, or the
iournals ; for they could have no paper
that was not under feal.

The iury then withdrawing, remained
together all night, without lire or candle ;
and the court fitting again next morning,
(being Saturday the 30th of June) the Bi-
Ihops came into court, and the jury brought
in their verdid, that the defendants were
Not Guilty.

ON OF TRIALS.

At which the people (liouting, Mr. Sol-
licitor moved tliey might be committed 5,
and a gentleman of Gray's-Inn was appre-
hended, to whom the chief Juftice faid, I
am as glad, Sir, as you can be, that my
Lords the Biftiops are acquitted ; but your
manner of rejoicing in court is indecent ;
However he was foon after difcharged.

Then the court arofe, and my Lords the
Bifiiops were permitted to return home, the
Attorney General informing the court h<i
had nothing moreagainft thera.

Tbe End of the Firfl Vohnne.

A N

pliabetical T A B L E

O F T H E

j^AMEs of the Perfons tried or proceeded againlti
the Crimes for which they were tried, and the
Puniihments of fuch as were convicted in the
firft Volume.

Tear

Names.

1605 Bates, Thohias
ibij I IBioadway, Thomas
1 66 j ;Brewfter, Thomas
1603 Brooks, Nathan

1 6.1.0 Char!e>!, Kino;
i667*Clarendon, parlor
Cornwallis, Lord

i-<5o5'Digby, Sir Everard
1663 Dov/lc, Simon
ib;8^Danby, E-arl of.

Crimes.

High Treafon
Sodomy
High Treafon
High Treafon

High Treafon
In- peached
Murder

High Treafon
High Treafon
High Treafon

Piinifhmei

Its.

Page

Hanged
Hanged

Fined 100 Marks and Pil-

lore^
Fined 40 Marks & Pillored

•I

^73

Beheaded
Committed .
Acquitted

loS
217

352

Hansed

Fined 40 Marks &

Pillored

9 ■

Cgmmittcd to the

Tower

316-

ALPHABETICAL TABLE.

Year

Names.

Crimes.

Punifhments.

Page.

•

1600
1614

EiTex, Earl of
Eirex, Robert, Earl of

High Treafon
Impotency

Beheaded
Divorced

i6z

1631

1605
1682

Fitzpatrick,
Eav.'kes, Guy
Ford, Lord Grey

Sodomy
High Treafon
Forced Marriage

Hanged
Hanged
Acquitted

490

1605
1679

Grant, John
Gafcoigne, Sir Thomas

High Treafon
High Treafon

Hanged
Acquitted

362

1683

Hambden, Mr.
K

High Treafoa

Fined 40,000/. and
committed

^53

1605
1664

Keys, Thomas
Keach, Benjamia

High Treafon
Libel

Hanged
Pillored twice

9
211

1643

Laud, Wm. Archbifhop

High Treafoa

Beheaded

15S.6
1631
1670

Mary, Qiieen of Scots
Mervin, Lord Audley
Mead, William

High Treafon

Sodomy

Tumult

Beheaded
Beheaded
Committed & fined

I
405

16J5

Oates, 'Titus
P

Perjury

Pillored

631

1678
1670

x6io

Pembroke, Earl of
' Penn, William
Palmer, Roger, Earl of

High Treafoa
Tumult
Higli Treafon

Difcharged
Committed & fined
Acquitted

280

405
414

Caftlemane

Year

1603
1605
1660
1633

1640
1677
1681
16S3
1C8S

iCGs

1620

1605
1605

ALPHABETICAL TABLE.

Names. Crimes. Punifl-iments.'

Raleioh, Sir Walter
Rockwood, Ambroie
Rpgicides, Twenty-nine
ivuffel, Lord

Strafford, Earl of
Sliaftfbury, Earl of
Shaftfbury, Earl of
Sidney, Algernone
Sancroft, Wm. L. A. B.
of Canterbury

Tyne, John

U
Verulum, L. Chancellor

Winter, Robert
Winter, Thomas

High Treafon
High Treafon
High Treafon
High Treafon

High Treafon
C6n tempt
High Treafon
High Treafon
Libel

High Treafon

Bribery and Corruption

High Treafon
High Treafon

Beheaded
Hanged
Hanged
Beheaded

Beheaded
Committed to the

Tower
Beheaded
Acquitted

Hanged

Fined 40,000/.

Hanged
Hanged

Pao;e

132

53^

20
268

450

712

THE

000 018 415

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