. ///r ///y}r(.u///>'///r'j/ r'/ a J'j-jjiiA' /f/z/y '////^//// ^ Ir.)///////,i/r?'.f}/f7//. A 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 9 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><»«<><>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 10 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 m 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.!. , 12 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 J Duke of Buckingham. If 400 50 ■i 106 GO Of Edward Egerton, in the ^ l>- 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. ^9 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. I 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 3= 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. He 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 to A COLLECTION of TRIALS. 33 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 j4 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; 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-. 4J •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 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. 47 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 48 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 my A COLLECTION of TRIALS. 49 my wits ; and, he thanked God, fiich ir- rational Ipcechci ufed not to efcape him. He honoured that i_ 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 so 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. To 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 52 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 53 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. 55 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. 57 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» he AGOLLECTION of TRIALS. 5S 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. R 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 6 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, 3 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 H 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. 65 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 S. 67 '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 68 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 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 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 as 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 90 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. As A COLLECTION of TRIALS. 9E 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 9S 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 to ^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 S. 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 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. 96 {"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 Di 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. \ Ee 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. no 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, At 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 oi 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. I2t "-=. 't'"i "S"lut is iheir unan-.mous W.^'_^ ^^ „ Ulsihekingdom svvci ^^^^^ ^^ ^^°"H- s ' You Ipeak very well c£ a pu- l/v or .^0 father "•yS;'7',= .^.^^'o.bk Uaio.s ha.e b«^J c^^ ^^ .,„,, enougU tr„, T No. 0. 22 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- F 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 On 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 n' 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^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 be 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. I. 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. 49 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 s. 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- ed c 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. 55 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 aflv 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; N: 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, by 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 reipublicand 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 be 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 afliints 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 lb 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- 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 N 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 \ 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• 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. 3- 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 A 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. P 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 fo 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- 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 s. OP TRIAL crown, in fome diOiculties and diftrelTcs, I did never expeft would be objected to mjre 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 J' 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 frffr ..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- 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 ^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 N 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 L 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. re 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 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^ " 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: 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 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 33 8 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 he 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: A 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 {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 I 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':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 67 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 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 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' 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 T 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: O 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. 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 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, F 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 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 5P 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. R 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 is 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 ay 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'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, 5Y 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 '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 A 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 be 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- 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 to 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 6E 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 to A COLLECTION of TRIALS. 47 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 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 S. 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'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. A 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 l8 A COLLECTION of T 5' 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 fo 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, 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, i 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 my 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. Riay 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 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} 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 be 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-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|egs 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. r 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 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 5 86 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. S. 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 to 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^ V. 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 afle .'' 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 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. I 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 T 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