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Full text of "Cobbett's complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the present time"

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COBBETT'S 



COMPLETE COLLECTION 



1 

OF 



State Trials 



▲ KO 



PROCEEDINGS FOR HIGH TREASON AND OTHER 

CRIMES AND MISDEMEANORS 



FROM THB 



EARLIEST PERIOD TO THE PRESENT TIME. 



VOL. IXt 

COMPRISING THE PEEIOD 

FROM THE THIRTY-FOURTH YEAR OF THE REIGN OF 

KING CHARLES THE SECOND, A. D. l682, TO THE 

THIRTY-SIXTH YiSAR OF THE SAID REIGN, 

A. D. l684. 



LONDON: 

FftlNTtD BY T. C. HANSARD^ PETERBOROUGH-COUItTy FLEET-STREET. 

1*UBLISHBI> BT B. BAOSHAW, BRYDGES*8TBBET» COVENT-OARDEK *, AND SOLD 

BT J. BUDD, pall-mall; J. FAULDEB, NEW-BOND-STRBET ; SHEBWOOD. 

« MBBLT AND JONES, PATEH-NOSTEH-BOW S BLACK, PABBT AND KINOSBUBY, 

'LBADBNHALL-STfiEBT ; BELL AND BBADFUTB» EDINBURGH ; AND J. ABCHEB, 

DUBLlW* 

1811. 



LI BRA ffY OF THE 
LELAND STANFORD JR UNIVERSE. 

^U6 21 ^900 




* " 



TABLE OF CONTENTS 



TO 



VOLUME IX. 



STATE TRIALS IN THE REIGN OF 
KING CHARLES THE SECOND. 

^ ' %* 7%# new Jriieles fare marked [N.] 



S9. The Trial of Georgb BoRopKY alias Boratzi, Christopher 
Vratz, Johk Stern, and Charles John Count Coninos- 
MARK, at the Old Bailey, for the Murder of Thomas Thynn, 
esq. A.D. 1682 - - - - - ^ - - . - 1 

The Last Confession, Prayers, and Meditations of Lieute- 
nant John Ster^, delivered by him on the C»rt imme- 
diately before his Execution, to Dr. Burnet. Tc^ether 
with the Last Confession of George Borosky, [N.] 83 

Remarks oh the Trial of Count Coninosmark. By Sir 
John Hawles, 3olicitor-General in the Reign of King 
William the Third - - - . • ^ . -136 

ft 

190. The Trial of Ford Lord Grey of Werk, Robert Charnock, 
Anne Charnock, David Jones,* Frances Jones, and Re- 
BECCA Jones, at the KingVBench, for a Misdemeanor, in 
debauchiiig the Lady Henrietta Berkeley, DaMghter of ihe 
Earl of Berkeley, A. D. 1682 - - * - >- - 127 

91. The Trial of Thomas Pilkinoton, esq. Samuel ^hute, Mf{. 
Sherifby Henry Cornish, Alderman, Forp Lpv^ Gbb¥ of 



« 



/ 



TABLE OF CONTENTS. 

Werk, Sir Thomas Player, knt. Chamberlain of London, 
Slinqspy Bethel, esq. Francis Jenks; John Deagl^, 

RlCHARp FRKEMAFy RlGH4UD GQQPENOUaQ, ROBERT KeY, 

John Wickham, Samuel Swinock, John Jekyll, Senior, 
at Nisi Prius at the Guildhall of London, for a Riot, and an 
Assault and Battery on Sir John Moore, then Lord Mayor, 
A.D. 1683 18' 

* w 

axi2. The Trial of Sir Patience Ward, knt. at the King's-beuch, 
for Perjury at the Trial between the JDuke of York, Plaintiff, 
and Thomas Pilkington, esq Defendant, on an Action upon 
the StsfeutQ De Scandalis Magnetum^ a. D^ 1^83 - ^ - 29! 

V 

293. Proceedings against Mr. Benjamin Leech, Bricklayer, at the 
Old Bailey, for a Contempt, m offering a frivolous Plea to 
the Court, A.D. IGdZ « ^ ^ . . - . 35! 



\ 



« 

294. ^ Introduction to the Trials tor the Rye-House Plot : 

containing the Original Informations respecting that Con- 
spiracy, as they were published by Jame3 the Second, a.d. 
1683 [N.] - - - - 35J 

295. The Trial of Captain Thomas Walcot, at the Old Bailey, for 

High Treason, A, D. 1683 - - - - > - - - 51J 

• « 

296. The Trial of Willum Hone, at the Old Bailey, for High 

Treason, A.D. 1683 - - - -- - - -57 



297. The Trial of Willllm Lord Russell, ai the Oki Bail«y» for 

High Treason, a. D« 1683 * - - « ** «* - 51 

• ' . ... 

299- 7he Trial of John Rokm; «l.tb« Old Beiley, for High IVea- 

son, A.D. 16;(3 - - ' - - ' . ^'. ' . - 63 

299. TTke Trial pi Wiluaii Blaque, al tfie Old Bailey, for High 

\TiMBOPk A. Bi. 1<8» .. - .^ 65 



TA1IL£ OP CONTEMT& 

TIm Cass oXyruMlM Lwd RumuL) 4ih'M farHigii Trea. 
BdB^Jtily 13>A.xi.d668 ^ .-«... 695 

An Aktibote against Poison : Composed of fiome Re- 
flBCifcs 'U|>oB the PaMR pmtsd 4ry the Cveetren of the 
tmAy RHfiseU) uA mentioDed to Ikhw beeu delivered by 
;tbe Lord Russell to ihe Sberiffii at the IHace 4d his Exe. 
cutim. . By Sir BARTH0L6AIEW Showee - - - 710 

A IteFlsNCE of the lat^ Lo»d JituflteLL?s broocency. To 
ivhich are pvefiked two Letlen upon the Subject of his 
Lordship's Trial. By Sir Robjhit Atkyns, K, B. - 719 

ThB MAGiOTHACY iiMt> OOVKIIKMENT 'Of EllOLANl^ VfNlM. 

CATBD : Id Three Parts. Coivtaitiitig, L A JiMtification 
of the English Method of Pnooeednigs against Criminals, 
&c. IL An Answer to several Replies, &c. III. Seve- 
ral Reasons for a general Act of iBdefloaity* By 0ir •. 
Bartholomew Shower ^ - - - «. . 742 

A Second Vindication of the Magistracy and Go- 
TBimiEHT ^ Emglamd, by way of Answer to the sere- 

T«l RepUefit) tic - - - - « . * - 755 

TfljE Tumid and Last Part op the Magistracy awd Go- 

VERN^ENT OF ENGLAND VINDICATED, with ReaflOnS for 

a general Act of Indemiuty, &c. * - - i- - 771 

« 

The Lord Rusbbll^ biNOCiLircY farther defended ; in 
aaswer to Tb^ Magistracy ahd Government of England 
vindicated -----*.•--» 783 

■ 

Remarks on the Lord Russell's Trial. By Sir John 
Ba<WL8s, lMicit<» General in the Reigu of WHliam Itl. 794 



300. The Trial of Cokiiiel ALGEauKHi Sidney, at the KiogVBencb, 

fer High Treason, A. D.ieSi * • ^ « . . 818 

Report made to the House of Lords, on the 20th of 
December 1689, from the Committee for Inspec 
tioN of Ex^iMlNATiONS, cooceming the Murders of 
Lord Russell, Colonel Sydney, iSir T. Armstrong, and 
Mr. Cornish: the Advisers of Qno Warranto, and the 
Advisers of the Dispensing Power^ [[N.] - * ' - 952 



^ / 



TABLE OF CONTENTS. 

Pag 
Remarks oi> Colonel AtoERNOM Sidney's Trial. By 

John Hawles, Solicitor General in the Reigu of 

liam the Third .' - • 991 

Historical Paeti(;ulars, relative to the Proceeding;* 
against Persons accused of Participation in the Rye« 
House Conspiracy, and other treasonable Designs about 
this Period. [Now first printed froM the MS. ^^ Brief 
Historical Relation/* £Cc. of Narcissus Luttrell^ in the 
Library of All Souls' College, Oxford] - [N.] . - iOOJ 

301* Trial of LowRiE or Weir» of Blacrwood, for Treason, . 

A.D. >683. [Now first printed from the MS. Records 
of the Court of Justiciary of Scotland] - [N«] - - 1022 

302. "fhe Trial of John Hampden, esq. at the King's-Bench, for a 

High Misdemeanor, a. d. 1684 . ' * ' . . . . I054 

303. The Trial of Laurence Braddon and Hugh Speke, at the 

King's-Bench, for'a Misdemeanor, in suborning Witnesses , 
to prove the Earl of Essex was murdered by his Keepers, 
A.D, 1684- -. 1127 

Bishop Burnet's late History charged with great Partiality 
and Misrepresentations, to make the present and future 
Ages beUeve, that Arthur Earl of Essex, in 1683, mur- 
dered himself, {^N.] - - - - - . - 1230 



\ 



304. The Trial of Sir Samuei^ Barnarbiston, bart. at Nisi Prius at 

the Guildhall of London, for a High Misdemeanor, A. D. 1684 1334 

Proceedings upon a Motion in arrest of Judgment in the 
Case of the King against Sir Samuel Barnardutton, 
bart. [Now first printefd from the MS. of Sir William 
Williams, communicated^ for this Work, A.D* 1811, 
by his descendant Mr. Charles Watkin WiBiams 
Wynn) . [N.] 

COBBETTS 



COBBETT'S 

COMPLETE COLLECTION 



OF 



State Trials. 



X UEIRE having' been an Indictment fonnd 
at Hicks's hall by the grand-jury for the coun- 
ty of Middlesex against Charles- Creorge Bo- 
roaky, Christopher Vratz, and John ^em, for 
murdering* Thomas Thynn, esq. $ and against 

* The Issacbar of ** Absalom and Achito- 
phel," in which poem, Dryden, describing the 
lespect and favour with which Monmouth was 
received upon his progress in the year 1681, 
says, 

*< hospitable treats did most commend 

** Wise Issachar, his wealthy Western friend." 

Sir John Reresby, in his Memoirs, p. 135, 
relates the following particulars of this busi- 



289. The Trial of George Bobosky alias Boratzi, Christopher 
Vratz, John Stern, and Charles John Count Conings- 
MARK, at the Old-Bailey, for the Murder of Thomas Thynn,* 
esq. 34 Charles II. a. d. 1682. 

Charies John Count Couingsroark, as acces- 
saiT before the ftu;t, the said [lersons being 
in Newgate, were brought to the bar to be ar- 
raigned and tried : And they being foreigners, 
an interpreter was sworn to acquaint them, in a 

come to him at Mr. Thynn's lodging, sending 
his coach for me, which 1 made use of accord^ 
ingly. I there ibund his grace surrounded 
with several lords and gentlemen, Blr. Thynn *s 
friends, and Mr. Thynn himself mortally 
wounded with five shot from a blunderbuss. 
I on the spot granted several warrants against 
persons susp^ted to have had a hand therein, 
and that night gfot some intelligence concern- 
ing the actors themselves. At length, by the 
inrormation of a chairman, who nad carried 
one of the niiiians from his lodging at West- 
minster to the Black Boll, there to take horse, 
and bv means of a loose woman, who used t» 
visit tbe same person, the constables found out 
the place of his abode, and there took his man, 
by nation a Swede, who being brought befbra 
me, confessed hiinfidf a servant to a Gennaii 
captain, who had told him he hadaouarrel . 
with Mr. Thynn, and had often ordered him to 
watch bis ooaeh; and that particulariy that- 
day tlie captain no sooner understood .the coach 
to be gone by, than he booted himse)f, and 
with two others, a Swedish lieutenant and a 
Pole, went on horsetiack, as he supposed ia 
quest of Mr. Thynn. By the same servant I 
abo understood where possibly the captain ancl 
bis two companions were to be found; and 
having with the duke of Monmouth, lord Mor- 
daiint and others, searched several houses^ aa 
he directed us, till six in the roaming, and 
having been in close pursuit all night, I per- 
sonally took the captain in the house of a 
Swedish doctor in Leicester-fields. I w«Qt 
first ipto his room, followed by lord Mord*iuit> 



^* At this time was perpetrated the most bar- 
barofus and aodacious murder that had almost 
ever been heaid-of in Engluid. Mr. Thynn, 
a gCTtleoSan of 9,000/. per ann. and lately 
married to lady Ogle, (who, repenting herself 
of the match, fled firom him into HoUaiid be- 
fore ihey were bedded), was set upon by three 
ruffians, who shot him as he was going along 
, the stTpet hi hia eoach. Thb imhappy gende- 
man being much engaged in the duke of Mon- 
mooth's cause, it was feared that party might 
pot some violent construction on this accident, 
the actors therein making their escape just for 
the time, and being unknowq. I happened to 
be at court that evemng, when tlie king, hear- 
ing the ne\TS, seemec^ greatly concerned at it, 
not only for the horror ot the action itself, 
(which waft shoddng to his natural dispositioD) 
but also for fisar the turn the anti-court party 
might give thereto. I left the court, and was 
just string into bed, when Mr. Thynn's gen- 
tleman came to me to grant him an Hue and 
% and immediately at his heels comes the 

te of MowMmth's page, to d«ar» ma to 

TOL. IX. 




B 



3] STATE TRULS, 34 Chakles n. l6S2.—TVwl of CmU Cotnngmark t* 

laiigua|;e they underatood, what they were 
accused of. 

Clerk of the Crown, Charles Boroaky, hold 
up tliy haiid. (Which he did.) Christopher 
Vratz, hold up thy hand. . (Which he did.) 
John Stem, hold up thy hand. (Which he 
did.^ Charles John ConingBniark, hold up 
thy liand. (Which he did.) 



You stand indicted in the county of Mid< 
dlrsez hy iho names of Charles George Bo- 

"ivhere I found him in hed, with his sword aft 
some distance from him on the tahle; his 
weapon I in the fyst place secared, and then 
hU person, committing him to two constables. 
I wondered he should make so tame a sub- 
mission ; for he was certainly a man of great 
courage, and appeared quite unconcerned from 
the very begiunmg^, though he was yer]^ cer- 
tain he should be found Die chief actor in the 
tragedy. This gentleman had, not long be- 
fore, commanded the forlorn hope, at the siege 
at Mens, whoi but two, besides himsdf, of 
50 under his oonunand^ esca]^ with Ufe ; and, 
in consideration of this service, the prince of 
Orange made him a lieutenant of his Guards, 
and, in reward for the same, the king of 
Sweden gave him a troop of horse : but, to in- 
sist no farther on this, his two accomplices al^ 
were taken, and brought to my house ; where, I 
before I could finish the several examinations I 
had to go through, the king sent for me to at- 
tend him in council, for that purpose, with the 
prisoners and papers. His majesty ordered 
me to give him an account of tlie proceedings 
hitherto, as well with regard to the ap^nrehend- 
tng of the prisoners, as tneir examination, and 
then examined them himself $ and when the 
council rosoy ordered me to put every thing 
hito writing, and in form, against the trUl ; 
which took me up a great part of the day, 
though I had got one of Uie clerks of the 
council, and another justice of the peace to 
assist me, both for the aakettf dinpatch and my 
own security, the nicety of the amdr requiring 
it, as will, in the sequel; appear. 

** The council met again, among other 
things, to examine the governor of young 
count Coningsmark, a vonng gentleman then 
in Mr. Foiibert*s acaUemv in London, and 
supposed to be privy to tne murder. Upon 
this occasion, the king sent for me, to attend 
. in counqi], where the said governor confessing. 
That the eldest count Coningsmark, (who had 
been in England some months before, and 
made his addresses to the lady who so unfor- 
tunately married Mr. TUynn) arrived incognito 
ten davs before the said murder, and lay dis- 
^isedtiO it was committed, gave great cause 
to sumct that the count was at the bottom of 
tills bloody affair ; and his majesty ordered me 
thereupon to go and search his loclgingB, which 
i did with two constables, but the bird was 
flown ; he went away betimes in the morning 
of the day after ^e deed waa perpetrated; 
ot which I inunediately gare tka king an ac- 



rodcy, late of the parish of St Martm's in 
Fields, ifli the county of Middlesex, labourer $ 
ocbcnvise called George Boratzi, of the nmintm 
parish and county, labourer; Chriatopher 
Vratz of the same parish and county, gentle— 
man ; John Stem of the same pariai and 
county, gentleman; and Charles John Co— 
ningsiiian:, of the same pariah and county, 
esq. ; otherwise called John Coningsmark, uT 
the same parish- and county, esq. : For ihmM 

" I severs) times afierwaids intended on' th« 
king, both in private and io council, from timm , 
to tune to give him information, as fresh matter 
occurred, or appeared ; and upon the whole it 
was discovered, )>artly by the confession o^ 
the parties concerned, and partly by the infor- 
mation of others, that the German captain had 
been for eight years an intimate with count 
Coningsmark, one of the greatest men in th« 
kingdom of Sweden, his uncle being at thai 
time ^vemor of Pomerania, and near upon 
marryun^ the king's aunt ; and tkioreover that 
during the time 'he was in England before, hm 
had made his addresses to lady Ogle, the only 
daughter and heiress of the earl of Northum- 
berland, who had been married to the deceased 
Mr. Thynn, and that the said count had resent-, 
ed something as an afiront from Mr. Thynn z 
That the captain, moved thereto out of puro^ 
friendship to the count, (though not at all with 
his privity, as pretended,) had determined 
withm himself to revenge his cause, and that 
in consequence of such his resolution the 
murder luppened : It appeared also that such 
his cruel design was furtnered by the assist*^ 
ance of the Swedish lieutenant, and the Pole, 
who had been by him obliged to discharge th» 
blunderbuss into the coach. I was extremely^ 
glad that in this whole business there was no 
English person directly or inducctly ooBcem* 
ed ; for the fanatics had buazed it about tbae 
the design was chiefly against the duke oC 
Momnoudi ; so that 1 had the king's thanks 
more than once, the thanks of my lord Halli* 
fax and several others, for my diligence in 
tracing-out the true springs and motives of 
this horrid action, as wdl as the actors them* 
selves. The duke of Monmouth had been o\A 
of the coach above an hour ; and, by the con- 
fession of the criminals, 1 found Uiey were not 
to have made the attempt if his grace had bee% 
with Mr. Thynn. 

*' Mean while it was suspected that count Co* 
ningsmark was still in the kingdom; and 
sean:h being made after him, he was met with 
alone in die^uise at Gravesend, bv a servant of 
the duke of Monmouth's just as he was step* 
ping out of a sculler, intending the very next 
d9y to embark on board of a Swedish ship. 
Being brought up to town, the king imme- 
diatelVcaU«l an extraordinary councu toexa- 
nnnehim. I was present upon this oecas^, 
and observed that he appeareu before the kmg 
with all the assurance imi^nable. He was' 
a fine person of a man, imd I t^ink his hvr 
wta thftJwjgnrt I trrer saw. Ha was to^ 



^ STATE TEIALS, 34 Charles IL IffSf ••^Hmrf oihtnjw Mvrier. 



vm tlie md Cbuies George Boi-oeky alias 
Mrata, Ckristophcr Vratz, and John 8tern, 
Ml httfiB^ €M before roar ejres, but be- 
■g motel aad aeduoed by the inatigatioa of 
Ik dev3, upon the IStii day of Febniary, in 
the 34lfa year of the reign of oar aoTereign 
hfd king Chajdea the second, with foree and 
mam in the pariah of 8t Martin's in the Fields 




of paits ; hot his examinarion iras Tery 
i, 'for whieh reason he was by the 
ting and oDODcil ordoied to be, the same day, 
fiaminfd by the kml chief justiee, the at- 
lOfBey general, and myself; bat he confessed 
Bodiiag of the maimer, preteodios the reason 
vfay he fay at this time concealed, to be that 
be wnB then under core for a small venereal dis- 
nier, and did not care to i4)pear in public, till 
die eoarae of his prescription was over ; and 
dMt his going away in disguise after the fact 
vaa committed, was by the adrice of friends, 
tIio told him it would re6ect on him should it' 
be known be was in Engbmd, when an intimate 
«f bis laboured under ao riolent a suspicion of 
hmne commitled so black a deed ; and that 
be enaeaToured to naake his escape, not know- 
ing bow far the laws of this land mijzfat, for 
that very reason, inrolre him in the gntlt. But, 
being at the king's couchee the night afler, 1 
peroeivedby his majesty's discourse that he 
vaa willii^ the count should get oflT. 

**" A fem dm afteiwards, Blons. Foubert who 
kept the tiaJusmj in London, came and desired 
lie to pot him m a way how to save count 
Coningamark'slife, insinuating tome, that, as 
be was a man of vast fortune, he could not 
wake a better use of it than to support his own 
iaaooeBoe, and riueld himsdf from the edge of 
the bw, in a strange country. I told him, that 
if theeoont was really innocent, the law would 
nataially acquit him, as much, though a fb- 
nigMr, as if. he was a native; but that he 
ooght to be canlioas how he made any oflSers to 
pervert instiee; far that it were to make ail 
menaf VoBonr his enemies, instead of gaining 
them to be his friends. This was one of the 
first bribes of ndne ever offered to me, which 
I vugbt httfe aoeejted without any danger of 
disoMry, and without doing much n>r it: 
But my opinion kaa always been that what is 
so aofoired is np addition to our store, but 
lather the cause of its waste, aocordmg to the 
si^iDg, * Male partamale dibibuntur ;' 1 there- 
6n ref ec t e d tins now, as I had done others be- 
Isie, and as I hope I shall always do for the 
time to come. 

^ Bills being found atHkk^ haSagainst the 
Ikae norderers of Mr. Thynn,^ as' principal. 
ind affainst the count as aceessary ; they the 
BflHoay made theit appearance at the Old 
Bafli^, where after a tnal which lasted from 
nine m the monung to five in the afternoon, 
sad a very vlgoreus prosecution on the part of 
Hi. Tkynn'a rdatkinsy the three were brought 
ingoil^aapriBGipalB, and the count by the 
suae j«ya0i|aittedaa not accessary ; itbeinjg 
* per JMMatcni liagiM,' aooorting to the pn- 



[6 

in the county of Bfiddlcsex aforesaid, in and 
upon Thomas Vbynn, esq. ; in the peace of 
CkMl, and ovnr saui sovereign lord the king, 
then and there being, feloniously, wilfnlly, and 
of your malice aforethought, di4 make an asi- 
sault. And that thou the said George Borosky 
alias Boratzi, a certain blunderbuss of the 
value of five shillings, the said blunderhosi 
being then charge-* '—• <mder, and four 

leaden bullets ; whicM sau. jlunderbuss thou 
the said George Borosky alias Boratzi in both 
thy hands so as aforesaid, loaden to and against 
the sud Thomas Thynn then and there hadst 
and boldest And that thou the aforesaid 
George Borosky alias Boratzi, knowing the 
blunderbuss aforesaid, to be so as aforesaid, 
chaigedwith grunpowder and leaden bullets, 
to and agamst the said Thomas Thynn then 
and there, with force of arms, fefoniouslv, 
wilfully, and of thy malice aforethought, didst 
discharge and shoot oft And that thou the 
said George Borosky alias Boratzi, with the 
said leaden bullets shot and sent out of the 
blunderbuss aforesaid, by the violence and 
force of the gunpowder aforesaid: And by 
thee the said George Borosky alias Boratzi so 
as aforesaid discharged and shot off, the said 
lliomas Thynn in and upon the right-side of 
the body of^the said Thomas Thynn, near the 
short ribbs of the right side of the body of tha 
said Thomas Thynn. then and there felonious- 
ly, wilfully, and of thy malice aforethought 
didst strike and wound ; giving unto him the 
the said Thomas Thynn then and there with 
the leaden bullets aforesaid, so as aforesaid 
shot and sent out of the hiunderi>uss aforesaid 
by fhrce and violaice of the gfunpowder afore- 
said, by thee the said George Borosky alias 
Boratzi, so as aforesaid dischai'ged and sent 
out, in and upon the right side of the body of 
him the said Thomas Thynn, near the short 
ribs, on the right side of him the said Thomas 
Thynn four mortal wounds, every one of them 
of the breaddi of one inch, and of the depth of 
six inches ; of which said mortal wounus, he 

vilege of stranfi«rs. I was the first that car- 
ried the news of this to the king, who seemed 
to be not at all displeased at it ; but the duke of 
Monmouth's party, (who all appeared to add 
wdght to the prosecution,) were extremely 
dissatisfied that the count had so escaped. 

•* The captain, and the other two his ac- 
complices in the murder of Mr. Thynn, were, 
pursuant to their sentence, hanged in the street 
where they had perpetrated the crime. The 
captain died without any th^ least symptom of 
fear, or offering at the least glance of reflection 
on count Coningsmark ; and seeing me in my 
coach 88 be passed by in the cart, he made a 
bow to me with the most steady countenance, 
as he did to several of the spectators he knew, 
before he was turned off; in shoi-t, hia whole 
oarriage, from the first moment he was appro* 
hend^, to die last that he resi^rned his breath, 
savoured much of gaOantry, but not at all of 
religion*" 



7 ] STATE TRIALS, 54 Otf ablks II. l682^7rk/ of Onmi Cminguwk [8 



Ihe said Thomas Thynn from the said IStb 
day of Febroaiy in the d4th ^ear aforesaid, 
unto the 13th day of the same month of Fe- 
buuary, at the parish of St. Martinis in the 
Fields aforesaid, did iangaish and lived lan- 
guishing : On which said 13th day of Febru- 
ary, in 34th year aforesaid, he tne said Tho- 
mas Thynn at the narish of St. Martin's in the 
Fields aforesaid, of the mortal wounds so as 
aforesaid given, died. And that you the said 
Christopher Vratz and John Stem, then, that 
is to say at the time of the felony and murder 
aforesaid, by the said George Borosky alias 
Boratzi ; so as aforesaid feloniously, wilfiill^, 
and of malice aforethought, done and commit- 
ted, th^n and there feloniously, wilfully, and 
of your malice aforethought, b^ force and 
arms were present, aiding, comforting, abet- 
ting, assisting and maintaining the saidGeorge 
Borosky alias Boratzi, the raony and murder 
aforesaid foloniously, wilfully, and of his ma- 
lice aforethought, to do and commit. And so 
you the said George Borosky, alias Boratzi, 
Christopher Vrats and John Stem, the said 
Thomas Thynn in manner and form aforesaid, 
feloniously, wilfully, and of your malice afore- 
thought didst kill and morder, against the 
peace of our sovereign lord the king, his crown 
and dignity. An'i that thou the said Charles 
John Coningsmark before the felony and. mur- 
der aforefaid, by the said George Borosky 
alias Boratsi, Christopher Vratz and John 
Stern in manner and form aforesaid, felonious- 
ly, wilfully, and of their malice aforethought, 
done and committed, to wit, the said 12th day 
of February, in the 34th year aforesaid, at the 
parish of St Martin's in the Fields aforesaid, 
them the said Geoige Borosky alias Boratzi, 
Christopher Vratz and John l^rn the felony 
and murder aforesaid, in manner and form 
afoi'esaid feloniously, to do and commit, felo- 
nlouslv,. wilfully, and of thy malice afore- 
.thought, didst stir up, counsel, persuade and 
procure against the peace of our sovereign 
lord the king, his crown and dignity." 

L. C J. ^Sir Francis Pemberton.) VFhy you 
must read tnis to them now in their language, 
or else they cannot understand it. 

L. C J. North. You that are the interpreter, 
teU thetn that you are going to interpret the 
iadictmoTTt to them by d<^free8. 

Mr. Vandore. Yes, my lord, I will. 

L, C. J. Do not read all the circumstantials, 
but only the substance of the indictment. 

Then the Clerk of the Crown M'ent near the 
bar, and dictated to the Interpreter dcUbe- 
lately, who interpreted it to the prisoners. 

i. C. J. Well, you have told them the sub- 
stance of it, that tnev are indicted for killing 
Mr. Thynn. — Mr. Vandore, Yes. 

L. C. J, Well, what says the first man ? 

CLofCr. I asked him if he be Guilty of 
the murder whereof he stands indicted, and he 
says he is Not Guilty. 

X. C J. Dceshcsay so? 



Mr. Vandore. Yes, be says be is Not GuiUy •; 
L.C. J. Why now tell him the tbrmality/ 
tliat he must put himself upon the jury here. 

[Then Sir Nathanael Jokntan was sworn In- 
terpreter.] 

L. C. /. Ask hun this question. Tell him 
he is accused of the murder of Mr. Thomas 
Th vnn ; ask him if he be Guilty or Not Guilty. 

vandore. He says he is Not Guil^, my Lord. « 
I asked him just now. 

X. C J. Then sir Nathanad Johnson, if you 
can make him to understand it, tell him that oar 
manner of trial here is by twdvemen, and that 
is by putting himself uoon the country, and 
th^*efore ask him, how he will be tried. Tell 
him that the method is by saying, * By God and 
* the Country.' 

Sir N, Johttton. My Lord, he is a very dull 
kind of man, he, knows not how to answer, nor 
what to say ; nor won't say any thmg ; thai is 
the truth of it 

X. C. /. Ask him if he be willing to be tried 
afler the manner of the English. 

Sir N, Johnton. Yes, he says he is willing 
to be tried according to the fasnion of the Eng- 
lish. 

L. C. J. North. He hath pleaded Not Guilty, 
and the other follows of course. 

X. C. J. Ask tlie other, the captain, the same 
thing. 

Sir N. J. He desires a French Interpreter, 
for he speaks French. 

X. C. X Surely here are enough people that 
understand French, but ask him u he aoen not 
understand English. 

Sir N. J, He can understand some, he says. 

X. C. X Then ask him, whether he be Guitty 
or Not. 

Sir N. J, He says he is Not Guilty, my 
Lord. 

X. C. J. Now ask Mr. Stem, but first ask 
the captain how he will be tried. 

Sir V. X He says he win be tried by God, 
and half his own country and half Engfish. 

X. C. X He sliall have his request. 

^ N. J. He desires one thing further. 

X. C X Look you, sir N. Johnstm, vou must 
tell him this ; he shall be tried by half foreign- 
ers and half English; that is it, I suppose h« 
desires. 

Sir N. J. My Lord, he desires that there 
may be none of the jury that are any thing 
a kmdred or relation to Mr. Thomas Thynn, 
nor any particular friend of his, and .he is sa- 
tisfied. 

X. C. X No, there shall not, we will take 
care of that. Now ask Mr. Stem then the like 
question. 

Sir N. X Mv Lord, he says he is Not Guilty* 

X. C- X Ask him too, how he will be tried ; 
whetlier by a jury ? 

SiriV. X He says, he is content ta be tried ag 
the others are, by half strangers and half Eqg- 
lish. 

X. C. X Xow then ack my Igrd CoDiBgiitttt'k 
what he says. 



STATE TRIALS, 34 Chablss IL l6S2^and t%hn%fm^ MrJkr. [lO 

Mr. Vandare. My Lord, hcadn this ques* 
lion of your lordslup aod tliis bnoura^le court, 
if it be agreeable, and iiooqrdiiif to ^t ji»tic& 
ofthisnadon, that my Lord navbeattowed 
two or tlkree days delay, beatae ne ii to pre- 
pare himself and witnesaeB for hs trial. 

Sir N, J. My Lord, he says this ; hi wit- 
nesses are not prepued, and henot haTiv huci 
time to recollect himself, so as to fit hkiseir 
for his defence, therefore he begs the iaTOv of 
the court, that he may hare a day or to*s 
time to recollect himself. He says he ts ton. 
swer circumstanoes with ciroumstaoces, \y 
Lord ; he says he has some*^ wimesses at^ 
circumstances that are Tery materiai to aostr 
such circumstances as are brought against hit^ 
he does not understand the law, my lord, n« 
has had no time to have any counsel to infoii 
himself. 

L. C. 'J. You must tdl him this, that whid 
he is charged with is matter of fact, tiiat nooc 
can instruct him in bat himself; counsel can 
do him no good in such a case as this.* 

Sir N, J, My lord, he says, the matters that 
are okgected against him are onlycircumstan* 
ces, mv lord, and they require an answer, 
which be can do by other circumstances, and 
he desires time to recollect himself two or three 
daysresnite ; he desires, if it weie but a little 
time, a day or two. 

Mr. Thynn. My lord, oar witnesses ore all 
ready, and the counsel instructed, and wait here 
toffoon. 

X. C. J. North. Look you ; pray wtfl yoa 
tell him, when the trial is once begun, the jury 
can neither eat nor drink till they hare giren 
their yerdict ; that is the law, and we can- 
not change the law, therefore we cannot 
allow him the time he desires. He knows what 
he is accused of, and has known it a good 
while, and has had time to recollect bimsen and 
prepare himself. 

8ir JV^ /. My lord, he says, the jury are not 
yet together, nor charged with him, and there* 
tore tUl the jury are charged, he thinks he may 
have time, if your lordship please to allow it. 

Ir. C. J. Look you, you must tell htm, -that 
he J9 to understand that here is but one indict- 
ment against the , nrincipals and himself, and 
we'cannottrythis by pieoe^meals; we cannot 
try the principals now, and my lord Conings- 
mark another time.f 



9] 

Mr. Tkytm, He speaks English, my Lord. 

L. C. J. But not well enough, may be, to 
ondentand the whole. 

JL C J. North. iHr Nathapad, what does he 
say? • 

Sir N. J. My Lord, he says it is a concern 
of his life, and therefore he desires he may 
IwTe not only one Interpreter, but others : he 
desktps he may hare two or three^ that they 
may make no mistake. 

JL C J. Very weU 

&&r N. J. lie says that I understand the 
Dutch language ; but his life aod honour are 
coaeemed, and therefore he woiild hare three 
or four. 

i. C, J. Who would hfe have ? ^ 

8tr N J. Sir Thomas Thynn* said they had 
one that was brought by them. 

Mr. Thynn. T&A is Vandore, who is sworn 
already. 

X. C. J. liook you sir Nathanaet, tell my 
Lord if he pleases, he shall have a French In- 
terpreter ; tor 1 know he speaks that language 
verywdl. 

m N. J. My Lord, he says, that High- 
Dutch is his natural language, and he can ex- 
press himself best in that. 



[Then one Vanharing was called for by the 
Count, but did not appear.] 

X. Ch. Bar. (Wm. Montafirue, esq.) Sir N. 
Jobns<»i, you must ^ the Count whether he 
be Guilty of the Indictmoit, as accessory be- 
Ipie the fact 

Sir N. J. I have asked, my lord^ and Not 
Guilty he answers. 

CL cfCr. How will yon be tried ? 

Sir N. J. He says he will be tried by God 
aod half his own country, or half foreigners 
aod half English ;t and he desires they may be 
persons of some quality, as they use. to treat 
persons of his quality, and strangers. 

L, C. J. There shall be such strangers, tell 
him. You have merchants of good aocoant, 
1 suppose, upon this pannel ? 

Und. Sfter. Yes, my Lord, they are air such. 

8triV. /. He desires he may be tried dis- 
tinctly from the others. 

JL C. J. That cannot b|e : but look you, Sir, 
Pray tell my Lord this, that though the- evi- 
dence most oe given, and the jury must be 
oharged all together, yet in this case we will 
disti^uifih his case to thejury, if there be oc- 



X. C. Bar. And his evidence will comedis- 



* So in the former edition. 

f As to the right of an alien to have in trialk 
whether civil (unless both parties be aliens) or 
criminal (except indeed for treason&and in the 
case of Egyptians, under st. 32 H. 8, c. 10.) in 
which he is a party, a jury of which one naif 
iluJI be aliens (if so many snail be forth-coming 
intbe place). Seethe IStatutes, S8 Ed. 3, c. 
13, and 8 Ueo. 6, c. S9, andBlackst €omm. 
Book 3, ch, 123, Book 4» ch. 2U 



* See the Note to the Case of Don Pantaloon 
Sa, voL 5, p. 566, and to the Case of Twyn, 
vol. 6, p. 516, of this Collection. 

f *' Most oertainly they might, and it is fre- 
quently done although there he hut one indict- 
ment, as in the case of the Begiddes and many 
other cases ; but it was more for the interest of 
the count to try him then, though he was not 
aware of it himself." Former Edition. As to 
an inconvenience attending the trial of more 
than one prisoner at once^ see a note to the 
Case of Campion and otheis, vol. 1, p. 1051, and 
a note to the Case of Coke and Woodlmme^ tu 
D. 1721, in this CoUeetioiu 



i 1} SrrAT£ TRIALS, 34 Cba&IBS II. l6$i.^^Iiriat tf Cmmi CankigimaHk [ t< 



Sk N,J. If itainst be so, hesays, he ma!$t 
throw binflelf uton your lordship : he hopes 
be shall kave nohiiig bat what is just and iair, 
aQ4 he lopes yoir lordship will be of ooonsel to 
fainifas^eftshonofthis oonntry is; if any 
thing aHes of natter of law, he desires he may 
have tl^ advttitage of it : and if he cannot 
have a^Ay or two, he says the innocency of his 
case *iU prelect him. Count Coninfi«roark 
knoiK^g how innocent he is, won't stid^ for a 
day i two, but he will be ready to be tiied as 
youiordsbip shall think fit : he has innocence 
on ]» side and that will protect him. 

j C /. Let my lord know, that we will 
beireful in examining alj things that concern 
hi; 

•ir N, J. He says he does not fear it, my 
Vt having to do with such honourable per- 
gs, nor doubt it at ail. 

X. C. J. ' Then swear a jury. But look you 
y lord Coningsmark, consider this ; as the 
^utlemen of the jury come to be sworn, if 
ou do dislike any of theas, you may except 
grsinstthem. 

Sir N. J. My lord, he says, being altogether 

stranger here in Enffbnd, and not knowing 

.ny of u&e persons, he negs the fiivoor of the 

>ench that he may have the names of those 

that are returned of the jury, and a little time 

to consider of it. 

X. C.J. That we camiot do : all we can do 
for yon is, we will take as much care as we 
can, that vou' may have indifferent personsanii 
persons of quality. 

JL C. J. North. Pray tell him, the biw gives 
him the privileffe of a peremploiy challenge. 

Sk N. J, He say^ my lord, he does not 
know who th^ sre, but tb^ may be persons 
that are tooohed, and may have something 
of evil will or spleen a^psinsk him. His father 
served against the kmg of I>ennaark and 
against the Poles and the Ptipists, and his 
mher was a Pmestant and served the Protes- 
tantcause. 

X. C. /. What eoontrymen are they, BIr. 
Sheriff 

Under Sheriff, They are French and Dutch 
most of them,! do not believe there is ever a 
Dane amongst them* 

X. C. X We win can all FfwchmeB, if he 
had Fsdier have tiicm than Dutch. 

Sir JV. J. He would very gladly have them 
all High-Dutch ; if not, tluit he may have 



X. C. X I thought he had eicepted agaiBst 
the Dutch. 



I%r Jf. X No, against the Danes ; ibrhis la- 
ther in the wars burnt their towns. 

X. C. X Rxamine them, as they come to 
diebook, if there beany of the Roman Ca- 
tholic leligion, and do not let any such be 
•worn. 

Mr. Sheriff TilkingUm, There is none such 
«mong them, I dare say. 

X. C. X Sir N. Johnson, tell my lord, be 
•ban banre. no Roman Catholics at all. 

Sir ^.X He thanks your kuddup. Hede- 



sires he may have the penoel tolook upon, aiid 
he hopes tliat is an easy fitvour. 

X. C. X Let him have the pannel, if it will 
do him any good. He is a stranger, mtisiy 
him in what we can. 

[Which was delifered to him, and he looked 
it overj 

X. v. X Tdl him, as the jury is called, he 
shall have every one of theOntlandishmen and 
En^rlisbmen brouglit before him. 

8ir N, X My lord, he thanks you for this 
favour. 

X. C. B, Sir N. Johnson, tell the Count, tliey 
call fir&t an Englishman, then a tbreigner, and 
they shall be broufi^ht to view. 

X. C. X Pray, have you told the other per- 
soas, that their time to challenge is before the 
jury is sworn P 

Sir N. X The Polander says be can chal- 
lenipe none, because he knows none* 

X. C. X What say the rest ? 

Air. Vandore, They say tliey know nobody, 
and can except against nobody. 

C/. ofCr, CaUSir WUI. Roberts. [Whoap*. 
pearing, stood up.] 

X. C. X My lord Coningsmark, there is the 
foreman. « 

8ir N, X He has nothing to say against bin. 

X. C. X Then hold him a book« and swear^ 
him . [Which was done ] 

CL ofCr. Call Mr. Downing. 

Interpret, He says he is no foreigner. 

X. C X Then he most not be sworn. 

CI. ofCr. MosesCharas. [Who appeared.} 

Interpret. He has nothing to say against 
him. But he himself says, he does not speak 
English, but he desires to speak French. 

CL qfCr. Then tell him in French, he must 
lay his band on the book and be sworn, and 
barken to his oath. 

Sir If*. Winnington. We challenge him fet 
thekinff. 

X. C! J. For what cause ? 

Sir Fr. Winnington. My lord, we take it 
that we need not shew any cause unless there 
be any want of the number in the pannel. 

X. C X Then we must do him right, and 
tell him what advantage the law fives him. 
Tell my lord, you that understand English, 
that this gentleman is challenged for the king ; 
and if the king shew any goml cause for it, ne 
must not be sworn, else be must. And the* 
way for him to cause the king's counsel to 
shew their cause, (if he desire it) is to cbal* 
leoffe all the rest 

Mr. Williatns. We wave our challenge : for 
the reason why wechalleneed him was, because 
he did not understand Enj^ish, which will be no 
reason at all. ^Then he was sworn.} 

CL afCr. Sir Henry Ingoldsby. 

Sir JV. X He challenges him, my lord. 

CL of Cr, Sir William Gulston. 

Sir Jv. J. He excepts against hnn, my lord. 

X^ C. X Does be cballoige him in respect 
of what I said to him about the Outlandish 
gentlemen, that thekinsr is to shew cause ? Or 
bow does be challenge nim f 



a^l STAIS TRIALS^ U Cuabibs II 

IiRlfrprrf. Hy lord, be njB beliean he u 
• fnend to Mr. Thynn. 
JLC J. Well, let him be passed by tben. 
CL of Cr, Sir John Mnstera. [^Vho did 
«ot ap{)ev J 

Sir N. Johnson. He says, my lord, he only 
desires mdiffemit persons. ^ 
CL ofCr. Henry Herbert, esq. 
8ir N. J, He challenges him. 
CL ofCr. llichard Paget, eso. 
^ JV.. J. He desires to see him. 
L, C. J. Let him be brought into the middle, 
Ihai he may look upon the prisoners. 

Interpret. He has nothmg to say against 
.Jam. [Then he was sworn.] 
CL of Or. James Bucgone. 
Interpret. He excepts against him. 
C^ of Cr. Claudius Derolee. 
Interpret. He excepts against him too. 
CL rf Cr. Charles Beelow. 
Interpret. He says he looks like a man, and 
1^ does not ekoept against him. [And he was 
fwom.] 

CI. cfCr. Ralph BocknaB, esq. 
Interpret, He challenges him. 
CL qfCr. Thomas Earsby, esq. 
Interpret. He challenffes faiim too. 
L.CJ. Look you, sirj^. Johnson, pray teU 
Imn he can challenge but tw.enty . 

Sir N. J. He says very well ; he will not do 
anymore. Hedenres thefiiTour, that those 
that he ehaUenges may not come near those 
that are sworn. 

' L.C.J. Wdl, it shall be so; wewiU take 
fare of it. 
CL ofCr. Richard Oowre, esq. 
Sir N. J. He excepts against him. 
CL qfCr, George HocknaU, esq. 
Interpret. He challenges lum. .[But then 
die ^unt looking in his psqier, retracted the 
<;faallengp, and he was sworn.] 
CL <^Cr. Peter Vandenhagen. 
Interpret. He says nothing to him. [Then 
he was 8wom/| 
* CI. cfCr. Widter Moyle, esq. 

Interpret. He does not challenge him. [He 
was sworn.] 
CLafCr. Christopher Ripkey. 
Interpret. He does not challenge him. [He 
was sworn.] 

CLqfCr. Thomas Henslow, esq. 
Interpret. He does not except against him. 
(Then he was sworn.] 
CL qfCr. Lewis Doncarr. 
Interpret. He challenges him. ^ 
CL (fCr, Peter Lecane. [He did not ap- 
sr.] David Colli Faux. 

Interpret. He challenges him, because he 
knew mi. Thynn, they say. 
CLqfCr, Andrew liodderlej. 
Interpret. He challenges him. 
CLqfCr. James Burk. 
Interpret. He challenges him. 
a ofCr. Daniel Grigsrion. 
Interpret. He does not challenge him. [So 
kevas siWom.] 
^CL<fCr. Robert Jordan, esq. 



l682[.--tffiif othen^ for Mwritr* [IW 

Interpret. He challengB him. 

CL OfCr. hucy Knig5ey,esq. 

Interpret. He challengs nim. 

CLqfCr. John Hayne, esq. 

Interpret. He does no except against him, 
[He was sworn.] 

CL qfCr. I^wis le Coint 

Interpret. He challenies him. 

CLofCr. JohnBellier. 

Interpret, He challenges him. 

CL qfCr. James Froitein. 

Mr. Williams, We clallenge him for the 
kine. 

CL of Cr. John M\ssey. 

Interpret. He chal^ng-es him. 

CL of Gr. Andrew Irimow. 

Jfi/erpref . He cballeiges him. 

CL of Cr. Nicholas Teufor. 

Interpret. Hechallen^him. Hesaystbev 
are all Walloons, and the^re he cbaUen^ 
them. 

L. C. J. Why does he ^cept against Wal^ 
loons ? 

Interpret. Because they l|ye always serVed 
against the Swedes. 

CL of Cr. John Lebarr. 

Interpret. He does not ex(^ against him. 
[And so he was sworn.] 

CL qfCr. Cryer, reckon t^se, &c. Sir 
Will. Roberts, bart. Moses Tharas, gent. 
Richard Pagett, esq. Charles leeiow, gent« 
Geo. HocknaU, esq. Pet Vandei^agen, ifent. 
Walter Moyle, esq. Chr. Ripkey gent. Tho, 
Henslow, esq. Dan. Griggion, ^nt. John 
Haynes, esq. and John LehuT, g^t. 

Then Proelamation ibr Informatin and Ph>« 
sedition was made:. and a Chair las set for 
the Count, at his request. 

CL of Cr. Gentlemen, look upoi the pri-* 
soners, you that are sworn, and h^rkea l» 
their cause,"* they stand indicted prut in the 
indictment, mutatis mti^atu/u— — aspinst the 
peace of our sovereign lord the king, ni^ crown 
and dignity. Upon this indictment tfey hate 
been arraigned, and theTCimto hate ^verally 
pleaded. Not Guilty : and for their trii, have 
put themselves upon God and their ctintry 9 
which country you are. Your char|^ is to 
enquire, whether they, oic eny of thtn are 
Gmlty of the offences whereof they st.ud in^ 
dieted, or Not Guilty. And if youfiDCthem, 
or any of them Guilty, you are to fini what 
goods or chattels, lands or. tenements they 
had at the time of the felony and murdei com- 
mitted, pr at any time since. If you fine them 
or any of them Guilty, you fixe to equire, 
whether they or any of them fled foiit : if 
you find that they, or any of them fled for it, 
you are to enquire of their goods and chittels, 
as if you h^ found them Guilty ; if yon flnd 
them or any of them Not Guilty, nor thakhey 
did fly for it, you are to say so, and no Bore» 
and hear your evidence. But if you ipquil 
any one of'^the principal s 



tmmm*^^f^ 



So in the former Sdition. 



15] STATE'RIALS, 34Chakles II. l6S^.— Trial of Count Coningsmark [l6 



m 



L. C. J. That iai mistake, it must be dlthe 
|irinci|»al8^ 

C/. of Cr. If ya acfrait the principals, you 
are not to en^re if Cnarles- John Conings- 
mark as accessary >^re, 

Nr. Keene. May t please yoar lordship^ and 

9M gentlemen that are sworn of this jury, 

Teorge Borosky a.a8 Boratzi, Christopher 
Vratz, and John Sten, the prisoners at the bar, 
stand here indicted for that they not having 
the fear of God befo« their eyeM^ but being 
moFedand seduced >y tb« insngation of the 
devil, the 12th day of Tebruary, in the d4th 
year of the reign of thl<king» telonieusly and 
voluntarily, and of thtf mdice aforethought, 
did make an assaultopon Thomas Thynn, 
esq. at the parish of tt. Martin's in the Fields 
in this county*; and tiat the said George Bo- 
foaky having in te hands a blunderbuss^ 
which he knew to b charged with four lead on 
bullets, did dischoxe it at Mr. Thvnn, and 
gave him four moval wounds, of which wounds 
be languished tk the 13th day of Febru- 
ary, and then «ed : and that they the said 
Cbristogher Vriz and John Stem were tiiere 
present, aiding assisting and abetting him to 
commit the »d felony and murder ; and so 
that they the iaid George Borosky, Christo- 
pher Vratz, a>d John Stem, did of their malice 
aferethougbtin manner aforesaid, murder the 
faid Tbemairf^ytm. And Charles-John Co- 
ninjpsmark, fle other prisoner at the bar, stands 
indicted, fc that be before the felony and 
murder afbftsaid, so done' and committed, to 
wit, the l4i day of February aforesaid, did of 
his maliceidbreUiought, move, incite, counsel, 
persuade,md procure the said Borosky, Vratz, 
and Sten^ to do that niiurder, a<piinst the 
peace of fte king^ his crown and dic^ity. To 
this indilment they have severaJly pleaded 
Not Gu'iiy ; and you are to enquire, whether 
they areOuilty, as they are cliarged, or no. 

Sir Irancii Withens. Mj lord and gentle- 
men, 1 im of counsd in this case for the king, 
agatnstthe prisoners at the bar. There are 
three € them indicted as principals in this 
ttiurde, the fourth as accessary oefore. In 
this cae that is now before you, gentlemen, I 
cannoichoose but take notice unto you, that a 
tnurdcof this nature has never been heard of 
to be prpetrated upon English ground, both in 
respei dT the person mur&red, and in respect 
of thi ctrcumstaocfs of the fact. For the 
persot murdered, was a gentleman of that 
^ualt^ and estate, that be hath left but few 
eymi behind him. That this man being in 
hmcacfa, shfrald be way-layed, surprized, and 
mnr^red, and this murder committed ui the 
midsof our streets, is that wjiich works amaze- 
mant in all English hearts. And our only 
oomhrt upon this sad occasion Ls, that there 
li na one native of this country found amongst 
all tkee diat are aoeused to be instrnments in 
this mibaroos ihct. 

I tid observe to yoo, gentlemen, before, that 
tiienaie three named to be principals; Bo- 
ipakr, whom for diitfaictioii wSke^ I shall call 



by the name of the Pokmder, Vratz, who is 
called tlie captain, and Stem, who is called the 
lieutenant. Borosky the Polandcr,* we say, 
was the man that discbarofcd this bluniWhuss 
against this worthy gentleman that was slaio ; 
but thougli he was the only man thnt dis- 
charged it, yet if we can satisfy you that Vratz 
and Stem were with him at the same titue, 
aiding and assisting him when he ^ave the 
blow, they are as much principals as he tJiat 
shot off the gun. It will be natural to open 
to ypu what is said against this captain Vratz, 
he is a Swede by birth,' and did formerly' 
belong to count Cuningsmark ; he was a re- 
tainer to him. Afterwards, I think in the war 
he was made a captain. This gentleman had 
been formeHv in cngland, but at th* last time 
he came, which was three weeks, or there- 
abouts, before the murder was committed, his 
bodying was in King-Street at Westminster. 
This captain Vratz, ue shall prove, did often 
discourse that he had a quarrel with Mr. 
Thynn, that several times before this murder 
was actually done, he ordered his serrant to 
way-lay his coach ; and upon that very fatal 
day, the 12th of February, when this unhappy 
accident fell out, having information that Mr. 
Thynn was gone out in his coach, immediately 
he puts on bis boots, ^ives order to his ser^ 
vant to bring his clothes to him atsudi a plare, 
because he should remove his lodff tag, he said, 
that night, that he should bring his clothes to 
the Black- Bull Inn in Holboro, and brinsr his 
horse thither too. "When he went from his 
lodging, the Polandcr went along with him, 
anu they came to the Black-Bull in Holbom, 
where they met with Stern. We shall shew 
you, that these three gentlemen being thus 
anned, one with a blunderbuss, the second 
with pistols, and the other very well provided, 
rid out about six o'clock, the murder bcin^ 
committed about seven or eight. At their 
going out, they enquired which was their wa v 
to Temple-Bar ; they were seen to ride througn 
the Strand to St. James's, the fact was doi:e 
in the Pali-Mall, and we shall shew you the 
way of it was thus ; Mr. Thjmn passing 
through the street to go home in his coach, 
three persons came riding up to the coach 
side, and while the one stop|>ed the horses, 
imniediatdy the blunderbuss was discharged 
into the coach against Mr. Thyun, and gave 
him those woun£, of w hich the next morning 
he died, presently these three men ran away, 
but one of them let fall a pistol upon tise place, 
which I shall observe as a material circum- 
stance against these persons, because we fihall 
prove whose the Unnderbuss wns. These 
things being done, this murder comntittcd, and 
they gone away, it begun to work in pe(»ple's 
thoughts, and 'circumstances began to eoine 
out, Siat this blunderbuss should be orden*d to 
be brought by captain Vratz, who had dis- 
coursed with many persons about the quarrel 
he had whh Mr. Thynn, and given enter to 
his servant to way-lay his coach ; and theso 
persons being rid out at that time, there was a 



1 



• 
prjnci^abw Forlilefoiivtby feAtlenMO, eount- 
Conm^fsmapk, he ki t pcMon of g^i*eat qoBiity^ 
anct 1 am- OKlniorduiary sorry to find the evi- 
deuce 8» stroll^ agMii«t him, at my brief im- 
ports ; I wbb m» ianoceaee were greater, aood 
our Of idoBce less ; for be io^ a person of too 
^frest ^fialky, one weuM hope, to be ooncenied 
in * Untkg ot'this natiire ^ but thai he was iho- 
main abettor and procurer of this barbarous* 
bofltness, we sh^U prove upCM these grrounds : 
Fifst, That he htd a design upe» Mr. Thymi'» 
life; for, geiitleiB€B^ csomiBg; into Englaadr' 
absiil three weeks before this matter was trms 
sacted, first be lies in disgfbise, and livvs prin 
vate, ' and remoxres hia lodging icom place' toi 
place freauently ; tiiat he sent a person t9> tan 
qiMNrof ttieSfWedfeh vesideiit, whether, oi« tto, 
»f he shoald kill Mr. Thvim^iii a duel, he eoukl 
by (he l&ws of England aftcrwaands nkarry ^m 
lady Ogle ? So that Mr. Tbynn's death was in 
pibspeel ftoin the beipuniag. Cientlemen, we 
shall prove to you, as 1 did in soofts^ bmmmimi 
open before, that the count himself ^Mu pleasied 
to give sxpress order, tLat the Polander should 
have a good sword bought him; tb^tbeilM 
he came into England,, he was very mtlds 
troubled, by reason of the stormy weather, ib^ 
fenr he should be cast away ; that he lodged 
him in hi^ own lod^ng the night before ui A 
act was perpetrated ; and* that captain Vratz 
was the morning before, and immecnately affer, 
with the count. Another thing, gentlemeir, 
that t had almost forgot : The count was will* 
iog to be instructed in the laws of England, 
and enquired^ Whether a mau might lawfully 
ride out upon a Sj^mday ? and bnng told, That 
afler sermon he might; he was very well 
satisfied ; and the day he enquired of it, was 
the day that the murder was committed. After 
the thing was done, count Coningsmaik, the 
next morning, pretended he was to go to 
Windsor, and leaves his lodgmg ; but instead 
of going, to Windsor, (being still in his dis- 
g-uise) be goes to Rotherhithe, by the water- 
side, and weve, I thiuk, he continues two or 
three days in a black peruke, (and that 10 dis- 
guise enough for such a gentleman) and after^^ 
wards he goes to Gravesend ; but, ] tluuk, he 
was upon the water some time, befisre he 
thought it convenient to land ; and there he 
was surprised in this disguise. And when h& 
wav surprixed and taken, he sHewed hims(4f 
to be in great disorder ; but being charged with 
the fact, acknowledged i^othingoA' the matter. 
But how it slioidd come to pass, thaft he should 
lie so long disguised, upon no pretence that 
caa be kkiowDy aivl afterward to pretend thflX 
he had; a business to effect, aud theo be wa^ 
to g0 into Fi-auce, that will lie upon him to an- 
swer. Butthcfse are tbe inducing evidences 
that we give to you ; liis keeping the Polauder 
411 his house, his. disgiiiung of himself, aad 
hieeBquirtng, whether ii' be killed Mr-Thynn, 
be might not marry my lady OgleP HisfOghft 
the next day, andpotendiiiflf to§fo to WindsoVy 
When he w«Bt qwie theotner way, and all ifk 
sfrdisgHiM I 9fiA these wmwB not beviBg aur 
C 



BN«t wtfpittOD Ihet they 4iA il. Giaat- eave 
fliere waetadi^y and g t im awe o s eaad^aeee 
dsefttllMreweeld be, %o apprehend fkemole- 
fm^ t m ; end by ^^aat providedoe it was fb<2iid 
out at last, Utadi&is oitotaiB VralB^ aotordmg 
to his word, had altered his lodging, and Was 
Mtteedeetor'iihwMe, that lirod^ I tbitik, in 
leieesler-FisUft. Bcfog there sufpfized, aa4 
coBUDg upon his examinatioe, he did noS deey* 
bet Im wee thanaoeaof tliathteel tiuft wtut at 
the pleee wkair aed where Mr. Thym waa 
murdered, but he pretended, he did ielend to 
liijhl fain IB a dtetU and kill him fairly, as he 
called it. But, gtttOetttem^ i naesl ohsewe 
thk to ye«y ih itoy small tieie ef escpeiieiM^e of 
tlewacidy I eever knew a mae ga tetghi a 
duel, and carry out wilb him a secood wkh a 
M ae de r bda^. 'if is noa {passible he . should go 
with such a design as he' would inaiaeate, £it 
rmtber wi^ aft iiiteflaia« of murder. For Ae 
Fabmdery he €afec into England bet the Fri- 
day befbre,, aed so we shall prove to you that 
wiab will stick hand ueoe the eoent. Upon 
FMey, he being hMMie% he eequires tw the 
young count's tutor, which was at an aeadeiay 
af aee Monsiear Faubert's ; and there he en- 
qeines for the coeet's seeretary ; he lay there^ 
I lUnk, that night,, and epoa Saturday he wae 
•sn v e ycd te the eoent's Mginga. There alao 
ha was lodged for one night. Tbe oouat was 
fheacd to baspeah ham a^erv gt>od swoid, and 
eeoealbF hfaa, that he might be wellnrned, 
■id these be lay ou Satasdey night, as I said, 
the n^ht before the murdEsr waa committed. 
Upae liendi^, ^emlemea, there beijig a mes- 
sage sent to this do<^or, where Vratz lay, the 
night following that ^e count would speak 
wnh tbe doetory the doctor oame, aad the 
doctor and the Polandef went away to captain 
Vratz's lodging, and from thence to Holborn, 
lathe Bleek-Bott^ and the captaift was carried 
in as aaoch seeieey as be could, for he was 
carried in a sedan ; and 1 think we shall be 
able te prove,, by the persons that carried him, 
that this wan the man. For the other geatle- 
man, ^em, the lieutenant, as they call Mm, 
be we« an aaeient aequaintattce of cantain 
Tratz's, bad known him loo^ago in Engpiand, 
and eampliuued to him, that lodgings might be 
very dear ; but the captain told him, he had 
a w4ig;n ; and if he would assist him as a brave 
fellow^ -would niaiutaiu himj and he should not 
want aaouoy to bear all his charges. But we 
shall prove Hiat this was the third person ihat 
rid out with the Polandorf and the oaptain ia 
this garb that 1 told you of, this nighil that tiie 
iaet was done. Jnd indeed, Gentlemea, «p^ 
their examinaliae, they have every ouo con- 
fessed the faei; even tUePolatider confessed 
that he did shoot nfS the bhiaderbuss ; 'and 
Viets confessed that be was there, and the 
keetanant $tem> an that if there had been no 
msffo evidenee, ii would have bean siifBciont 
W raaintinn the isaae, and id oar circumstances, 
it is nose ^erhaf^ then oouid be eacpeotedb 
Tkis^ gentkaaan, ia the principal som of the 
avidonce, that will be given agamtt tho thrae 

VOL, IX, 



] 9] STATE TRI ALS» 54 Ca aelbs II. l6st.—TMal iff CoMf Camng$marJt [i^ 



Appearance, or any reason whatsoever, lor any 
iMuticnlar quarrel to Mr. Thynn, but the count 
having some disgust to him, upon terms that 
the witnesses will tell you of by and by, 
and beiug related to the count, we must leaTe 
it to you to judge, whether these gentlemen 
did it sin^y and purely upon their own 
heads, or whether they were not set upon it by 
the count. ^ 

SirJV. Win. My lord, I shall not trouble 
yo« with repeating of our eridence, but we 
will begin and cbU our witnesses, directly to 
prore the murder done by these gentlemen ; 
ve will prove the (act downright upon them, 
•ttd then we shall afterwards come to the 
Qomit. 

Mr. WiUiamt, My lord, first we will direct 
cndenoe to the principals^ and then to the 
accessary. ^1 William Cole and William 
EUers. 

' L. C. J. 9wear some person to faiterpnt the 
tfridence that shall he given : I do it for the 
sake of the aliens that are of the jury; for 
tome of them understand no English, and they 
will not know what to make or the evidence, 
if they do not repeat it to them in their own 
language. 

Theu Vundorc and Wright were sworn for the 

King. 

Sir N. Johnson. My lord desires that the 
doctx)r and the tailor that are in prison may be 
seut for, to be here, for they are witnesses for 
hiui. 

Sir p/'d. Winn. We desire thej may be here 
too, for they are wjtueMses for the king, and 1 
believe they are here, my lord. 

Sir iV. J. Mr. Vandore does not speak 
French. 

Sir W. Roberta. Mr. Craven speaks Dutch 
and French very well. 

Mr. Craten was sworn. 

Sir A^ J. The count desires the fiivoor of 
pen and ink. v 

L. C. J. Let the count have pen and ink. 

Mr. Wiliiams. Call William Tole and Wil- 
fiam Ellers. (Who appeared, and were sworn.) 
Which is Winiam Cole? Set him up. Ac- 
quaint n)y lord and the jury how Mr. Thynn 
was assaulted . nnd the roatmer of it. 

Cofe. My lord, my master was cominff up 
St. James 's-street from the countess of Nor- 
thumberland's. 

Sir Fra. Winn. Name your master. 

Mr. Williamt. Who was vour nuister? 

CoU. Mr. Thynn. Amf I hati a flambop.u 
in my hand, ami was going bef«)re the coach, 
and coming along, at tliu loivt^r end of St. 
Albsn's- street, I hearJ the bhiRdf^rbuss go 
off; so upon that £ tinned my face Lack, and 
«aw a gteat smoke, and heard luy roaster cry 
out he was mur>lered : And f sec three horse- 
men riding avray.on the right-side of the coach, 
and I pursued afler them, snd cried out mur- 
der: I ran to the npper and of the Hay- 
market, till I was quit« spent, ami wss able'to 
(|« BO further; and tnmingback again, my 



master was got into thef honsa, and I wider' 
stood he was wounded : That is all I know. 

Mr. WiUiamt. You say yoa haard a blonder- 
bus . go off, and taming back, ycfn saw iSmtet 
men riding away from me coadi ? 

Cole. Yes. 

Mr. William* Look anon the prisoners at 
the bar : Can yoa laj an of them, or any of 
them were the men ? 

Cole. Ni»,l cannot; Ididnotseetfieirfiux^ 
hot I saw Ae horse of one of them was a Itttin 
Imkv horse* 

Mr. William. But do yoa take any of thoi^ 
mentobeoneof tbethreef 

Cole, I did not see any of their laees. 

Sir Fm, Wirm. What time of night was it f 

Cole. A qnaiter after eight 

9tr Fro. Winn. Pn^ what day of the week f 

CoU. Sonday. 

Sir Fra. Winn. What day of the month f 

Cole. The lltfa or 13th of Febmary. 

Sir JVa. Winn. Then, where b WilUani^ 
EUers ? Ptay do yoa tell the coort and jury* 
how Mr. Thynn was wounded, and by whon% 
and what yoa know of it. 

Ellers. My lord, I came with my master 
from St. James's-street, from my lady Nor- 
thumberiand's, and as I came at St. Alban's* 
street, there oame three men riding by th« 
right-side of tlie coach, and as they nd, one ef 
them turned abont, and bid me stop, you dog ; 
and just as I looked about, the fire was let into 
the coach upon my master, and the men raift 
away as fast as they could. 

Sir Fra. Winn. How many were then of 
them t 

FAkrt. There were three. 

Sir Fra. Winn. Were those men at the bar^ 
or any of them the persons f 

Ellets. I cannot tell. 

Sir Fra. Winn. What were the words the^ 
said when the coach Was stopped P Hold, boh), 
or stop, vou dog P 

Mr. WiUiams. What condition was yovE 
master in tlien? Wss he shot then ? 
tilers. Yes. 

Mr. Williams. We will gife you some evi- 
dence now out of their examinations. 

L. C. J. You had best give some evidence 
of his >vounds. 

Mr. Williams. Yefi, wo will. Call Mr. Hobba 
the surgeon. 

L. C. J. L(K>k you, Mr. Craven, you hear 
what these witnesses say, tell it to the genUe* 
men of the jur}* tliat are outlandish men, Thai 
the:re witnesst>s swear, there were three men 
did do this thing ; the one of them stopped the 
coach, and die other shot into it, but it was a^ 
that time of' night, they could not know tlieir 
faces, and they uil rid away. 

Mr. Craven, My lord, if you please, the 
witnesses may speak by degrees, and bet w een 
every witness 1 will give the jury an account. 

L, C. /. W ell, it shall be so ; but they say 
no more than what I tell yon, That three men 
did do this. Then he uterpreted it to thr 
Jury, 



11] STATE TRIAL?, 34 C04I&I.S& IL iSh^^^^mndalursJvr Murder. 

Mr. Crweeit. He gays he ban that three 
ttOD did de it, but he says, he does not hear that 
ihejkBetr anj of theno. 

Then Mr. Hobbs was sworn. 



[t1 



Mr. Wiliiaau. Had Ton the searching' of 
Mr. Thynn's body «fter it v as hurt ? 

JETtfMs. Yes. 

Mr. WiiUams. How did you find him t 

HoUn. 1 was with hnn^Hir, that night he was 
viNBided, and I ibiiiid him sliot with four bul- 
kls, iHuch entered iiite bis body and tore his 
gob, and wounded his liver and hia stomaeh, 
and his gull, and wounded his ffreat guts, and 
biisniattflrnts, and broke one of the ribs, and 
woonded the great bone below. 

Sir jRno. Whuu What time came you to 
him? 

AiUf. Abont 9 or 10 of the dock. 

Sir Fra. Winn. Did he die of those wounds? 

IMfo. Yes, he did die of diose wounds. 

Mr. WiUiams. Did you apwehend them afi 
unUii, or any, or wfaioi of them ? 

Holit,. I Miere there was never a wovnd 
bat it mightjnrore mortal. 

8k Fm. ITtmi. Now tell ns what day of 
tiiewe^ and what d^ of the month it was. 

HoUs. It was Sunday night, the ISth of 
February, I thmk. 

ImC. J, What did you obsenre of the bul- 
leJts; was there any thing done to them more 
than ordinaiy ? 

floMa. I oeuhl not see any thing, I have 
taCBi herey floy lord. 

Lord Chief Banm. Were they iron or lead ? 

Then Mr. Hobbs delivered them into Court. 

Bohbg, Two of them, the little ones, may 
be iron ; for one of them went through a thick 
bene, and yet there was no impression on it. 

X. C*. /. And this that has the impression, 
yon think might be done against die bones. 

fioMi. Yea. 

L. C J. Was this left ragged on purpose to 
4o the more misphief ? 

Hobbi. Which, mv lord ? 

X. C. J. This that is left at the end here. 
Wonid this be more mortal than another bullet, 
«r harder to heal? 

Hoifbs, No, but as they take up a greater 

nee in flying; 

X. C X Would not the raggedness hinder 
Aebeafiag? 

EM9* No, only bruise the flesh, which 
kuised flesh mnst oome away before it can be 
healed. All ballets wound by bmisiug of the 
flesh. 

X. C. X. WeQ, these were the four bullets 
4pat were found in Mr. lliynn's body ? 

floU*. I verily believe they are. Dr. 
Lavar bad them OQt of nty bands for a day or 
V&% but I believe them to be the same. 

X. C X Was there any lodged in the 

ilMBaeb? 
MM$. Yea, one of the httle ones. 
LC/j' Bad tbey broke the great bone? 



HM$. Yes, the great bone in the bottom of 
the belly. 

X. C.X Twoofthem? 

Hobbs. A great one and a httle one; two of 
them passed through that bone, and lodged in 
the back-bone. 

X. C. X W as any of them gone through th^ 
body? 

Hohbs. Oce of tbcm lay between the ribs 
and the sidn. 

X. C< J. None were got quite through then ?- 

Hobbs, None. 

Hir Fra. Winn. Call the Coroner, Mr. 
White. 

X. C. X Tell the jurVi Mr. Craven, vfiink 
this witness has said. ['1 hen he interpretad 
it. > 

X. C. X What says that g^entleman ? 

Mr. Craven. He says 'lis very well, ha 
understands part of it 

X. C. X Db thereat of them understand it? 

8ir N. X He told it in French to the others. 

X. C. X Let Mr. Hobbs have the buUela 
again when the jury have seen them. 

Then Mr. White was sworn. 

Sir Fra, Winn. Now we wiU ask the Coroner 
a question or two. Pray will you acquaint 
my lord, what you know of this murder of Mr. 
Thynn. 

White. On the 13th of February, in tha 
afternoon, I sat upon the body of Tlionias 
Thynn, esq. and I tound he had four holes on 
his right-side, behind his short-ribs, and they 
seemed to be like holes made with buHetSb 
And ^g^^^ order to o|)en the body . 

X. C. X And there the bullets were found ? 

White. There the surgeon found them* 

X. C. J. Were you bv ? 

White. I was at the taking them out. 

X. C. J. 'Tis fit that the Polander should 
have one to interpret what is said against him. 

Mr. Wiliiams. Captain Vratz, you hear what 
is said, and understand it. 

Interpreter, He says he does understand it% 

Mr. WiUianu. Fray tell the Polander wha& 
19 said. That is, tlie two first initnessea say, 
three persons^ assaulted the coach, and one 
shot into the coach, dnd by that meanF. Mr. 
Thynn was killed, by the shot out of the blun- 
derouss : And the surgeon does say, that these 
four bullets Here found in his body. [Then it 
was interpretfid to the Polander. 

Interpreter. He says, my lord, he cannot 
tell hov^ many i>iiUets were in, he did not 
cbai'ge it Ininsetf, but be tired it, he says. 

Hir !></. Winn. Wo confesses he tiret) t^ien. 

Sir W. Roberts. My lord, the jury desire to 
know if the Pole can tell who did charge it? 

X. C. X Ask him who charged it. 

Interpreter. He can tell, my lord^ he says. 

L. C. X It will not be very (naterial that, for 
his evidence can charge no body but himself. 

Sir Fra. Winn. Now, my lord, if you please 
we will call those peiwjns, the justices of the 
peace that examined these men upon their ap- 
prehension, fur the murder of Mr. Thynn. 



p 

Bridgman, Yes, I was. And these were the 
eaamiBBtioiM that were taken. 

Sir Fra. Winn. Wei'e you by all the while f 

Bfidgman, ^r i.ohn Reresl^ and I did take 
these examinations *. And I will read then if 
|F«u please. 

L. C. J. As to that, let it alone, if you please. 
Mr. firidgaian, when the Poknder was exa- 
Mined ooaoernini^this murder, what did hesay f 

Bridgman. He owned it, to the best of m^ 
remembntfioe ; hut i refer la theexaooination if 

L. C. J, Look upon it to refresh your me- 
mory, Sir, and then tell us. 
. Mr. WUliama, Looklhst what the Polftilder 
•aid, and then we wfll go on to ethers. 

Sir Fra. Winn. Now, Sir, will you pAease to 
acquaint my lord and the jury what he or any 
of them confessed of the fact. 

Z. C. J. What the Polander oesfessed first. 

Bridgman. The Foiander, «pon his examifia- 
tiaa befiire air John Reraebv and <ne, did wm. 
that he came into England at the desire of 
iMunt Cooinffsmark. 
* L. C J. Speak only as to himself ; f«r it is 
svidcaeeonly against nimself. 

9it Fra. Winn. My lord, his eoafession is 
matAte, and we oanH separate it. 

L. C. J. But we tnuat Arect what is ^mt 
and fitting. His evidence can ehar^ no body 
but himself; and that is the reason t wonJd not 
hare his examination rea^ ; for it cannot be 
read but only against himselT. 

Mr. Bridgman. Upon his «xaminatioB he 
oonfsssed, that he was pcesei^t when the oafi- 
tainetapped the oeach ; that he fined the saus- 

2uetoon ky the captain's order ; and that before 
e did it, the captain bid him, asssOTi as ever 
Im had stopped the coach, to fire. 
. «ir Fra, Winn. IMd he confess he did fire P 
Bridgman. Yes, he did. 
X. C. J. North. As he does now. 
L. C. J. Look you, now do yon isH the Po- 
iander, that the evidence against him is, «hat he 
ilid fire this musi^ueloon, or UundeiiHiss, or 
what you will call it. 

inierpreier. He d^es confess it. 
" . ' ■ ■ — • — ■. ■ III..- 

* ** These Examinations are i&sevtad attfaesnd 
of this trial, the chief justieei out of Ikroor to I 
4M>ant Cooiugsmark, not perraittinff them to be 
read in court, as he ought to have done ; fivr the ' 
examinations are indeed no eridi^nce against 
Aoy butiheexaminant, yet are they not to be 
suppressed beoanae nanaing otbeis, but onght , 
nevertbeles to be read, thougli witli the 
fifiiMsaid cantioa to he given to the jury, ether- 
^^e the most material evidence might be quite 
Mgleeted, since ail eonfiwriaas niiist be taken 
ffflcre* or not at aU.'' KoteJA imam sditiMi. I 



n] STA1£ TRUI^, 34 C1IMI.BS IL 1 68fi^«Mi/<^ C^mt CmumgMsrk [24 

VOali Mr. fiindgmidi md eir John JhM*y. L. €./. 3M4iviWhatiMr,tfiat4his «ri- 
[Who were sworn standing upon thetendi. j deneeis giw agniit him t That te 4id ^- 
Interpreter. My lord, ne says the blander- taeriy wSauomlAge hcdis<^fgedtfag ido n fis r 
liuss fwas giFon fatm by the eaptain. buss into the coach, when 4»pta9a VniB u^ 

1 Sir Fra. Winn. Mr. Bric^man, wmfc you ped the coach. 

by at the tidnng of the ezaminaftien 4if these Interpreter, Yes, my lord, he says it is 

trae, he fired aoeonKng to his order. 

Sir Fra. Winn. Pray, Sir, ooDsider "whak 
was confessed by the captain. 

Bridgman. He confessed he had a 4ls8igii to 
fight with Mr. Thymi, and Mr. "VlbYciB tering 
several timesrefuaed to figli* with ikta^hie ve- 
solved to«hHgehim to -fight (by dbroe, and 
therefiire he had taken these fensoas^ilaog-widi 
him ; that if he should fail in his jreyenge, «r 
after the thing done he shevld be pursmad, 4m 
might make bis jesoape. He^saodesBed ibe-was 
there, and slopped the coach, hat the JM^aiaii 
fired by mistake ; for he did not bid him Ana, 
but only in case he should he Jnodered fiom 
figfatiflg or aaaking his esoope. 

jL. C. J. He confessed iie osme to fight Mr. 
ThnwP 

Bridgman. Yes, lie did so. 

L.C.J. Andthct he stopped the coaehf 

Bridgman. Yes. 

Sir /rs. Wkm. You said lAtfAediaogwas 
done, what was that thing P 

Bridgman. After he had faaght, in 4Mse he 
should be stopped in his escape, be^Hd iiie P<^ 
laM^ttT fi rB 

fik Fn^ mnn. Did he confess any tiriiif ef 
the delivery of the gun to him P 

Bridgman. HeoonfVMSod'the IV>la«dcr had 
die gu.i, but he said nothing firem iwlioaB lie 
faadk. 

JC. C. J. Now captain Vratz, yo^ bev wihat 
is said against you by this gentleman ; that you 
owned yau came Ihithsr with a design to fig-ht 
Mr. Thy on, and foroe hiss to fight if hesbooid 
not be wiUing ; and you bsought these ■son 
with you to carry yon off', in ease you eh«uld 
kill ium ; that 310U didstop the osach, «Bd you 
said you did not give him ordei' tofire«Blee6 he 
refused to fight yon. 

Bridgman . N o, unless he cohU not make km 
escape. 

L. C. J. Kow what say you to this ? 

Ahr N. JisbsuDn. He wires to uoderstBBd it. 

L. C. J. Whv then speak itto him, yaii that 
arc rhe uatforpaaer P 

[Then Mr. Craven interpreted it ta bin in 
French.] 

L. C. J. Now speak aloud, and tell iis «fbat 
he says. ' 

Mr. Crtum. He says it is very true, that he 
was there, and bad that gentleman and the l*o> 
lander along with him as his servants, Mr. 
Tbynn being a gentleaaan fiiat had always a 
gi eat many servants about Iiim. And be s^, 
mv lord, that be had received an affioiit feom 
Mr. Th^nn; upon that, be dialleaged him, 
and sent letters oat at' lioMand ts desire hbn 
to give satisfectioB by fighting, but cwdd have 
no satisfaction ; and therefore because in M^aig- 
landHu«>lswerel(Hhii',hetbs«gfat to aaabe a 
renesnoler ai st, aad 4^ these fsutlsnea 



3 



H] ffoant^muMA, 



kktt, tiiat tf«o lie Mr. i^jnn's 

«h«aMtt9««tthiiiii, «rkn9eklte jm 

li, «r hinder Irim liW caoapiBg', 1b«t 

fc, that yott iwmi«[ aAfem one ^wertiOD, imd 
Atttis, WlwtilieafitMit^vM ^MtMr. Tbyim 
fVPehiiiiP 

X. C J. That he apprehends be g«^e him ? 

f1%e laterpretoriKked hin.^ 

Mr. Crtnem. Myior<l,4iefn^8, tfaattttHNfh- 
VMnid he heard be ^Mkeand gmye out very til 
^fygc of count GomngSHiaifc, kHio was. hi3 
fiiew), and a nan he had many obh^tieiis to, 
aad ao of hmeelf too, and he woold never ac- 
^oaiot count Coiuiigsmark with it, but would 
hare satisfaetioB, and take Ihe quarrel apon . 
hinadf,lieta|^ a mrtleniaD ; he says, that he 
heard that he called him Heetor, and fjave widi 
ai kngoaflre as was never to be eoffered. 

Sr N.Jokmim. And the ^hion in Germany 
ia, if Aey wwa't^^ to shoot Aein. 

*ir Fra. Winn. How can you tefl that, Sir ? 
the mierpreter <bat asked me question says no 
such thin^. 

L.€7j. Pray wiHyouaskhimthis, whether 
ever he saw Mr. Tbynn, and bow many times ? 

Mr. Craven, fie si^s he. has aeen'him «e- 
vsnrf Imes in the f^^house, and ndin^ in his 
coach ; he did not see hhn at Riehmood, for if 
he had, he woold not have put it op so lon^. 

Mr. Williams. I believe be never spc^e to 
fain in his life. 

X. C. J. Ask him that question^ whether he 
ever spoke to bi^A? 

Mr. Crtseen. He says he had no fiiend to 
«wd to Mr. Thynn, and he eo«dd not speidc 
with Mr. Thynn himself; for Mr. Tbynn 
fsight think Aat he-wM not a gentleman good 
caongh to fight with him. 

L. C, J. Ask him this, aboot what time he 
saw him at the piay-house. 

Mr. CrowCTi. He says be does not remem- 
ber exactly the time when he did see him at 
<he plMr-hoose. 

L. C. J. Ask him vi4iefher this affront that 
4e pieteuds, was given skiee be last came over 
ar when be was in England before P 

ifr. Crttcen. He says it is eight months ago 
since he neoeiTed the affhmt. 

L. C. J. That was before he went out 6f 
^laod? 

Mr. Craven, Yes, it was before. 

8Br.PVv.lFmn. HesayshewritioMr. Thjnn 
'Sutof H<^nd ; we desire to know, by. ivbom 
be sat his challenge ? 

L. C. J. Ask him if he sent a challenge to 
Mr. Thyrai and bv whom ? 

Mr. Craven. He says he could send no less 
tinD a genllemaii ; and he had never a gen- 
deman to send by, and so he Rent his letter by 
the post. 

Mr. Wiltiams, Mr. Brid!^mfm„ now we 
vimid ask you concerning l^lr. Stern, the third 



BrUgman. I/et me have the examinyljon, 
ntf I «nll KnA upon it and teU you. 



MEc WUlimi. »Riy,do,6ir,^41«s«rfaitW 
said? 

Mr. J3ri^||man. Upon hi^ eooimiaaliaa he 
oonfased, that the eaptmn tcdd him he had « 
quamel wnAk a geodenaa, aad tbitif he mmAi 
assist him in it, he would make his fartnac. 
And that the «aptaiB gave himoaoneyto buy 
the blunderbuss. 

9k Fra. Winn, ikmok did omfass that, did 
he P Bridgman. Yes. 

JLC.J. Did he oonjaas he was atlfaelhstf 

Bridgnmn. Yes,hecoafiBBaedhe wasattho 
fact ; and he said when he oame beyond Cfaa- 
liae Gross, he was about ten yards before^ 

andPhe heard tbe captain say , stop, to Oie cmi^ 
upon which be tamed aoaut, and pme^rily 
saw llie shot made, a&dhe saw the otherper- 
sons ndeaiway, and he made away after them : 
andlbe captain further told him, that he would 
iriae :t«« or tbve, or £B«r hundred crowns, to 
il«da man that would lotll Mr. Thymi. 

Sir Fra. Wmn. What 4lid he qieak abevt 
stabbing, er about an Italian ? 

BridgmtM. He said tbatihe eaptaia dashed 
him to Mt an ItaUai^ that wojU atob a man, 
and 4hathe ««mU get two paniaris for that pur- 
pose ; and that it was before the Polonianoame 
over. 

X. C /. This is DO evidanae againat the 
captain ; but pray nfiUyanteM Stem the heutea* 
ant wdiat it is that Mr. iDridgman does testify 
against him ; that he ackaowladged thus and 
fhus before him. And pray i^ieak it again, Mr. 
Bridgman. 

Eridmmn. Tbe4iaptain told Aatgoatiemaa, 
that he had a quairel with a gantleman, with 
whom he was resolyed to fight ; that he wasted 
a goodaeirvant, and if be would asskt him. be 
would make faia fortune ; that he gave bim 
money to,buv the- musqnetoan, and owned he 
was there ; that he went out with the captain 
and Folander on honebaok, afamit fiva «r sia 
o'eledc on Bmiday ; that ihey went towards 
Charing^ross, and when they were gone 
beyond Charin^-eross into the Pall-MaH, he 
heard the captam say to the coachman, stop- : 
and turning immediately, he saw the shot go 
off; and that theyridmg away, he followed 
them ; and that before tbe Pdander came aver 
the captain desifadhim to get an Italian to atah 
a man. 

[Then that was indcrpveted to iitem.] 

Mr. Craven. My lord, he denies Ihat i|e 
spohe any thing of tour hundred poo&ds, #r 
alMHittbe Italian. 

L. C. J. Tel) bim it is testified, that be csn- 
iessed ho was at tlie shooting of this gentleman. 

Mr. Craven. He says l»e was there, and 
brin^ about ten yardi o(F, he heard one aay 
Hold, to the coach, but he cannot say it was 
the captain. 

8ir Fra. Whfin. But was he tbei'e ? 

Mr. Craven. Yes, he say s he was. 

8ir Fr«. Winn. Who caused hioi to be there T 

L. C.J. Ask him upon what occasion he was 
there? 

Mr. Craven, He says tbe capiaia entfeatid 



t7] STATE TB I ALS, U tnknhn If. . 1 68t.-*7Wir/ of (^mt Ccningmaark [tt 



bim to be thereto be bb second, to figbt with 
a gentleman, aud that was the reason* 

L. C. J. Pray tell him it is testified here, 
that he bought the musqaetoon and charged it. 

Mr. Craven. He says, he did assist at the 
loading of it, he was by. 

Sir Fra, Winn. Pray, ray lord, let lis know 
who it was asdsted him ? 

X. C. J. Why, that is no evidence against 
any body. 

Sir Fra. Winn, But, my lorfl, it was deli- 
vered to the Polander charged, and we desire 
to know who loaded it r 

L, C. J. North. That is no evidence ; but 
yet the question may be asked, and then the 
jury may be told it is no evidence. 

JL. C. /. But We must not let the jury be 
possessed by that which is not evidence. 

jL C. J. North. Pray will yon ask him, 
Mr^ Craven, who helped him to load the gun ? 

Mr. Craven. The captain was by, he 2a;*s, 
and the captain and he did it together. 

Sir Fra. Winn. Now we wiUask Sir John 
Reresby the same questions : you were by, Sir, 
at. the examinations of these three men, |>ray 
what did the Polander say uponhb examina- 
tion? 

Sir John Rere$by» My *lord, I cannot charge 
my memory wijtfi the particulars ; but if your 
lordship pleases, I will read it 

X. C. J. No, refircish your memory with it, 
and then tell us the aobstance of it 

Sir JoAji Rere^jf. In general, he did confess 
to me, thai he was the person that did discharge 
the blunderbuss into Mr. Thynn's coach, and 
that he was commanded so to do by captain 
Vrata. 

L, C. J. That is the substance of all. 

Sir Fra. Winn. That is as to him ; but what 
did Captain Vratz say P 

L. C. J, He said mat he did go out with an 
intention to fight with Mr. Thynn, and did take 
these persons with him ; that he did not order 
the Polander to discharge, but he mistook 
lum when he bid the coachman stand, the 
other apprehended he bid him shoot, and he 
did so. 

Mr. William. What said Stem? 

Sir J. Reresby. Stem did say this, that the 
4Mtain told him he had a quarrel with an £ng- 
. lisn gentleman, and desired him to go along 
with nim and assist him in it, and be his se- 
^nd ; but, said he, 1 was chieHy carried out 
#0 keqM^flr the people, in case there should be a 
croud about them when they were fighting ; 
llus is the chief part of what tliey did confess. 

X. C.J. We would not trouble you with 
more tlian is material. Did he acknowleilge 
lie was there at the time when he was shot ? 

Sir X Rere$bjf, Yes, he did, about nine or 
ten yards off, 1 think. 

L,C.J. iJl three confessed they were there? 

Sir X Rtn$by. Yes, they did so. 

JL C. J. (North.) Tbev had a design of 
Uliiig, which was unlawful. 

Ba X Rere$by. They said they cameonpnr- 
piVtto fight 



Sir Fra. Winm. CaU Mkbael FenidcratoD* 
M^ lord, we would willingly spare your time* 
and offer only what is proper m tliis case, and 
now we shall produce our evidence against the 
Count, and if any thing fall out ia that evi- 
dence that touches these tlu*eeinen (which wt 
think will be but the killiug of dead mitu} yovir 
lordship will take notice of it. Now wc shall 
not go to open the heads of our evidence 
against the connt Sir Francis Withens baa 
given an account of the general, and our wit- 
nesses'wiU best declare it 

Mr. Williams. We will begin with Frederick 
Hanson. [Who was sworn aud stood up.] 
Uow long have you known count Conioga- 
mark ? 

Hanson. A matter of four years. 

Mr. Williams. Pray do you remember his last 
ooming into England ? 

Hanson. Yes, my lord, I do remember it. 

Mr. Williams, Then let ns know the time ? 

Hanson. I think it is above a montli since. 

Mr. Williams. Where ^vas his lodging first f 

Hanson. The first time 1 saw hiai was in tba 
Post-bouse. 

Mr. Williams. Did he come privately or pub- 
licly ? 

Hanson. Privately, to my best knowled^. 

Mr. Williams. W hich ^ras his first lodging f 

Hanson. In the Hay-Market 

Mr. Williams. Where there ? 

Hanson. At the comer house. 

Mr. Williams. How long did he oontinue 
there? 

Ifaiuon. A matter of a week. 

Mr. Williams, Pray in all that time did he 
keep privately at. home, or did he go abroa4 
sometimes? 

Hanson. 1 believe he kept his chamber all 
the time. 

Mr. Williams. Were you with him at any 
time there ? — Hanson. Yes, 1 was. 

Air. Williams. What company did use t6 be 
with liim to your knowledge ? 

Hanson. To my knowledge I have seen Dr. 
Frederick in his company. 

Mr. Williams. One Dr. Frederick, you say, 
who else ? 

Hanson. When I came from Whitehall on a 
Sunday in the evenintf, when my lord was 
going to bed, I called, if I could be admitted to 
see him, so I went in to him, and a liule alter 
the doctor came. 

Sir Fr. Winn. Pray, Sir, at that time thathe 
was in that lodging, did he wear his own haic^ 
or was he in a msguise ? 

Hanson. That Sunday night he was in his 
night -cap and night-gown, ready to go to bed. 

Mr. Williams. When j^ou first came to him 
to the Post-house, did you go of your own 
accord, or were you sent for r 

Hanson. Count Coningsmark sent Ibrme^ 

Mr. WilliasHs. Was it sent in his own name^ 
or in the name of anotlier? 

Hanson. It was in a strange mane, Carlo 
Cusk. 

Mr. William. Have yoo the note by yonf 



JTcMKm. No. 

Mr. WiUiams. hk ^vhose cbanicter was it 
vrit? 

Hantm. In thje t»nnt*s own character. 

Sir FV". Winn. What was, his name in his 
fee lotlgia^ ? What title was he called by, 
captaiii, or what? 

Hanson. I know of no other name but only 



291 STATE TRIALS, 34 Charcbb I!. l6^%.^tknd<fiher§Jw Murder. [SO- 

]rou are a man of onderstanding', did yoa 
frequently see captain Vratz in his company f 
Mow often do you remember you saw him at 
his lod^ng ? 

Hanson, I do not remember that I saw 
captain Vratz at that lodgings above one single 
time. 

BIr. WUlittfM. Pray, Sir, thus : Did captain 
Vratz come with the count into England thia 
last time ? 

Hanson. To my best remembrance he did. 

Mr. Williams, You say captain Vratz came 
with the count to England. 

Hanson. I belief e he was before the count, 
but not long before : I cannot exactly tell. 

Mr. Williams, How long bei'oretne count? 

Hanson. Truty 1 cannot tell, bot I beliere 
not long. 

Mr. Williams, What makes yon think he 
came into England with him f 

Ha/ison, Because I saw hini in oompsny 
with the count, as soon as I saw the connt. 

Mr. Williams. Were they in oompeny at 
the*po8t-faouse ?'^Hanson» Yes. 

Nir Fr. Win, And you saw him eiwe at Ini 
firht lodging l*—£ran«on. Yes- 
Mr. WilTiafns. Ptay, Sir, haTe you carried 
an^ message from the count to the Swedish 
resident ? 

Hanson. My lord, I can say tliis upon my 
oath, to my best remembrance, count Coning»* 
mark nerer charged me, or gave me any ])osi<' 
tive order to go to the Swedif^h envoy, but ho 
diti name the Swedish envoy to me, as if he 
were willing to know his advice; and so f 
being obliged to pay my respect to the Swedish 
envoy, who had treated the young count and 
myself very civilly before ; and so paying raj 
respects to the said envoy, I did remember the 
conversati* n I had with the count, and spoke 
with the said envoy about this business, and 
that is all that I can say. 

Sir Fr. Win, What was that message ? 

Hanson. I say there was no direct message : 
But I say this was the business : count Uo« 
ningsmarlc told me in prirate fiimiliar dis- 
course, that he had lieard that esquire 
Tbynn had spoken some abusive langfoaffn 
of him, and he would tain know what uo 
consequence of this would be if he eboold ' 
call him to account about this business ? And 
he named the Swedish envoy to me: And 
I saw his desire was to know his opinion 
about the busiuess, what the oanseqnence of it 
would be. So 1 spoke to the Swedish enyoy^ 
and he g*ave roe this answer. That if the Obnnt 
should any way meddle with esqnire Thynn 
he would have but a bad living in England (^ 
bitt what the law wonld say in that partieular 
case he could not answer, but he would en* 
quire, and atterwards would give me an ac* 
count : but I never spake with him after. 

Sir Fr, Win, I ask you, beoause you haro 
bceu formerly examined in another pifoe, 
about this matter ; do you remember anything 
that ever yon heard the count ipeekilig w 
fighting with Mr. Thy no ? 



Sir Fr. Winn, Was it known to any person 
in die family ? -^Hanson. No. 

Mr. Willunns. When did he remove from 
tiience ? — Hanson . I know not. 

Sb" Fr. Winn. Yon say the first place of his 
M^Dg was in the Hay- market, where did yon 
wee him the second time ? 

HcuMon. At a corueriiouse, I know not the 
ttune of the street. 

Sir Fr. Wiihens, Did he direct you to come 
tohim? 

'SUt. Wiiliams. Had you any discourse with 
him, what his business was here in England ? 

Hanson. I asked liim, if we should have his 
fompany here some time ? He told me he was 
l^»me over about some business, and was after- 
wards togo into France. 

Mr. Williams. Then he never told you what 
^mt badness was ? — Hanson. No. 

Mr. Williams. ^Vhere was his second lodg- 
(pg, do you say? 

Hanson. It was at a comer house^ not above 
two streets. oflTfttMn the former. 

Mr. Williams. How long did he continue in 
his second lodging ? 

Hanson. A tew days, because the clumney 
lid so smoke, that he could have no fh-e made 
IP It. 

Sir Fr. Winn. Then I ask you in his se- 
eeod lodging, was he tlierc publicly or pri- 
Tstdyf 

Hanson. He was there afler the same man- 
ner that he was in his first lodging. 
Mr. Wiliiams. Whither went he afterwards? 
Hanson. Tb St. Martin's-lane, I think it Is 
foHed. 

Mr. WUliams. How long did he continue 
there? 

Htnson. There I saw him the last time be- 
fore he went away. 
Mr. WiUinms. *When was that ? 
Hanson. It was Sunday evening, after I 
oame from Whitehall. 

Mr. Williams. Was it near the time of kill- 
kig Mr. Thynn? 

Hanson. It was about two or three hours 
afterwards. 

Mr. Williams. Was he as private there as he 
was in his otlier lodgings ? — Hanson, Yes. 

Mr. Williams. What company came to him 
fliidier?^ 

Hanson. The same that came to him in the 
idler. 
Sr^r. Win. Who were they? 
Hanson. The doctor was in his company. 
fkeFr. Win, And who else? 
Hanson. I saw one captain Vratz there. 
Sr Fr, Win* Sir, I ask you upon your oath, 



Haiwm, CooBt CoBiagmlark spoke to hm 
in the Germki luDffuage ; I spoke to the 
SSwedish agent in French ; and when I was 
before the King and council I spoke in English; 
tfierelbre I desire no eril construction may be 
nade of it. I cannot remember tiie count 
spake of killing or duelling. On the contrary 
i oan swear for count ComngsuMurk this, That 
1 am confident he never told me that he had 
resolved or would fight with Mr. Thynn or 
wonid eall him to aeooant, bat if he should eall 
kim to aooouttt, what would be the ooaavquence 
of it. 

Sir Fr. Wm. Call him to aeeovmt abe«it what ? 

Hanstm. The count in faniliar diseoufse 
ivith Hie, did teB me, that he had heard esquire 
Tfa^n had spoke abnsiveW o^kim. 

Sir Fr. Win, How had he spoken abushelfjv 
•fhim? 

Hanson. He veieeted npa» hi» pereaB aad 
aywi bis hevse; 

ftfp. Wiiiiunm. Was there mv thine m that 
Message about marrying my lady Ogb? 

Safuon^ That was the last part «i' the qiie^^ 
iNbv '^^^ if ^ should meddle witlr eiX|«re 
Thynn, what ths eoneemeBJce mif^ be, if 
ttie hrwa wi Englanif wouM be contmy to him 
m the hopes or pfetensions be might faanre to 
my lad V Ogle. 

tfr. WiUiams. Yon mince your words migh- 
ty 'y, pray femember y e wjelf ; Did be speak 
of kilfing Mr. ihvnn, or thati Mr. Tkymi 
jtbovdd her destroyed ? 

Hamon, No, biff phrase was, if he should 
hare wm aidnmtage ef hhii^ wheof he shonU 
meddle wiin bimy or eaJl bimf to aa aoee«i% 
trhattbercoMB^paeaceKriiifatbe; I eilwsay this 
mp^tk niT eoas ji f ce. 

Sir JV. Win, Sh*, yeit are in & place wheie 
y«« ai» swvna to spede the truth, the who^ 
trath, and nelking b«t the truth: Whait 
relation have you to eotaat CooiDirsmaNrk's 
fiuDily P 

Hmtmn. I have m> voiatioB to iSk% ftftnily 
•tall. 

IKrJV. Win, iore ttat ysu g i w e f s t t»the 
ymag c4wit? 

HssKm. Thecooatssa has gitcn me her 
ymmgvff son^ fcr me to be Ms earapoiiion in'his 



1 682.^7VM 0f CmM Omtngmntk [Sd 

L. C. J. Pray, Sir, thus : what ivaa the dis- 
course, as near as yo« can remember it, be- 
tween count Coningsmark and you, relatitt|( 
to Mr. Thyrni. 

L, C. J. North. Tell the whole, Sir, ihr you 
are bound to tell the whole iodifferently. 

Sir Fra. Winn. And pray rememlier what 
you swore in another place. 

Hanson. The count sent to me a note, that- 
he hod » mind to speak with me, and be oi- 
tertained me with a familiar discosurse about 
his tiavetting, and about the settling- of his bu- 
siness, and thereupon he fell upon other dis* 
course about iVIr. Thynn, and, not o> mistake, 
havipgr had time i» my own ehembery I have 
put it down in writings to satisfy my toed and 
all thie honourable OmrU what 1 can sav a 



thie honourable Omrt^ 
this matter. 



say about 



Sir Fr. Win. Sir, I ask you aplain ysest bm , 
1st it lieat yoinr own deor, i# yam will not tdl 
the trutk; hmt yoa any conversation witli 
Cemgsnark. irhei^in he did desire you 
advice ef the SwedlBb envoy or resident 
abont dnellinr Mr. Thynn, or in case 
ha should kiU Mr. Thyno, or upon any such 

Jimssn. Ify lord, I say this was s{ioken in 
Mveral hmgw a fss, b^ the Count in Ehttoh, by 
myself to tne envoy m French ; and I do know 
I swore bclbre the king and council, but I 
camiot hnr thin to cevnt Coningmiark's charge, 
ler then l nsust forswear myself. 

WurFra. Winn. Sir, yea ca» answer nse all 
mj fsslms ia Eng&b, tf7oa pit 
mdiacoarsevFas. 



[OTr. Hans'on reads 'Tis very hnrd to 

give a true sfbcount] 

L. €. J. Read it to yourself if yoa will, 
aad toil as- the substance. 

Uamm^ If my worde may net l^um to tha 
orejadioe of my lord count (Coningsmark v 
but this is the substance of the thin^ . - My 
lord coniit Coningsmark did teU me m a fh- 
miliar discouvse, that e8i|«ire Thynn bad spokea 
soma r e fls e tiny words upon him ; he did de- 
sire to know if he did call him to aooounty 
whether in this ease the laws of England might 
not go contrary to hw design , in uis preten-^ 
sions tlmt he mifgbt have upon my ktdy Ogle. 
And in tliat familiar discourse, he s cc Bfied to 
think that monsieur liienburgh could give him 
advice. In a Httle while afterwsurdSft I ^vaa 
paying my respects to the enroy, and reflect- 
ing upon' the Count^s conrersation, I spoke 
to him aboat this business^ aad his answer wan 
this ; he told me, that if be should meddle 
^vith Mr. Thynay he would have no good 
living^ in England : but as to the particular 
^Mestion^ what the eeijne<|^ence mk' the hiw 
miaiit be, he did aol; know, but would enquire 
and tell me ; but 1 never udced him any ques* 
tton about it aHerwards. And if my conver- 
sation with tliis count, or with monsieur Lien- 
bargh, sheuld turn to the count's prejudice I 
should be answerable for it to God aad my 
own conscience, all the days of my life. I 
desiee Mr. Thynn's bkiod might be revenged, 
but I desire also that innoceat Mood may bt 
spared. 

Sir Fra. Winn. Pr^y, Sir, will yoa look 
upon that paper ; you signe«i it. 

L. C. J. North. Only to recollect your m^ 
mory. 

[Then he was shewed his Examination be- 
fore the council.] 

L, C. J. Now you have read it over ; that 
there is under your own hand ? Do you near 
again dehver the Sabetance of your disoourse 
you had with count Coningsmark, aa you will 
stand by it. 

Hmnwn, Isne thai them are eSpveaNnoi ia 
tkia paper. 



n] STATE TRIALS, 34 Ch ari^ea II. l^^^-^-^md Merit/or iffttrAr. [H 

Ih C* J. Speak not wb«t is io tliat paper, 
loft vhat discourse (as near as you cap) you 
liad wteh ooont Coniagwnark. 

Hansom. My discourse with count Cp- 

Biotgaoiark was this : in a familiar discourse 

SBwngst other ihinss, be spoke, tliat he heard 

cs||iace Thyan had affronted him, I do not 

Jmowupon what sulject, but I believe it T^as 

9aidB reflectinif upon him and his horse ; he 

&I not tell me that he denred me to go, nor 

Hd he give me any posttive charge to go to 

die Swedish eoYoy, but by the discourse 1 

bad with hina, I did understand that he was 

desiioQS to have his advice ; I thought bis in- 

cfiastioaa were, that I should go and ask his 

advke ; I did not go on purpose to do the 

OKsag^^ nor dill I receive any order tnat can 

W called a message, in my life, to my remem- 

bnnoe ; but when I came to pay my respects 

ma ftinihar discourse, I did propose this to the 

cavoy ; what might be the consequence, if the 

oofuit should call Mr. Thynn to account ; 

and he told me the same answer that 1 have 

already told you. Now this I desire only to 

ooosider, that it was spoken in divers lan-^ 

guagca ; and if a man should write down my 

expressioiBS now, as they came from me, they 

WMld upon reading, perhaps, appear not so 

well ; so if these expressions of mine should 

tea to isount Coningsmark's prejudice, as that 

I ^oukl swear that this phrase of killing or 

diielliii|[^ was used, or that ever qount Conings- 

marictoU me that he resolved to call, or tnat 

be would caO him to an account, I miffht do 

bim wrong, perhaps ; but if he should call 

bim to aooount, what might be the conse- 

ipieoGe of it. 

Sr Fro, Win. I would not entangle you, 
bol only I would seek after the truth. I do 
B0t ask yon positively, whether he did bid you 
n» to aak advice of the Swedish envoy, that 
he did resolve so and so ; but did he discourse 
it thus, if he should duel him, or fight him P 

Jioiuoit. As I am before God Almighty, I 
caniiot ny I heard such csxpressions. 

Mr. WiUiamg. Pray, Sir, you confess you 
aojoaiiiled the envoy with it t — Hanson. Yes. 

Mr. WUlians. Did you bring the Envoy's 

iwer to the gentleman, or no ? 

Hamaon. If 1 should be upon the gospel, I 

I sore I caimot exactly tell what was the ex- 



L. C. Baron, What was it that you dis- 
ttiafld be doubted, if he did csdl Mr. Tbyon 
to account ? 

Sr Fro, Winn, He spoke in rdation to a 
naunage, pray what was it? 

Jir.Wittimm, What did that if relate to ? 

Hatuon, If he should ask him satisfaction 
flboot ii, havioff heard that he had spoken abu- 
VFeworda of nim. 

Sr Fra. Win, What then was to follow ? 

floBSoii. If he should call him to account 
An hgqrr the burs of Eaglaad might do in 
Ikiipoiiit;. 

Mr. WUUam, To whom ? 

BoMttm. Totbeoowit. 

TOU IX. 



Mr. miiiam. What should be^ him P 
Hanson, Whether the law should be coin-^ 
trary to him in the design and proposals he 
might have concerning the young count^a# 
of Ogle. 

Mr. Williams. Well, I see you will give n# 
reasonable answer to that ; but now when 
came the Polander over into Eoj^laod ? 

Hunton. I cannot say positively I can tell 
when he came. 

Mr. Williams, But when did you see him 
first? 

Hanson. Upon the Friday he came and 
asked me for the count at M. Faubert's acar 
demy. Now the young count Coningsmark's - 
chamber and mine joins together, next to one 
another, and there came a inau with him, I do 
not know his name, but if I see the man I 
know hiin. 

Mr. Williams, You say the Polander came 
over on Friday.* 

Hanson. He came to me on Friday. 

Mr. Williams. And he came to yon to the 
French academy , to enquire for count Coningsr 
mark ? — Hanson, Yes, he did so. 

Mr. Williams, Had he any letters P 

Hanson. Yes, he had two letters. 

Mr. Williams, From whom, and to whom P 

Hanson. I asked him if he had any lettef 
for count Coningsmark, andhesaid no; bui 
he told me he had two letters, and the oi^e waft 
to the count's secretary, and the oth^r was t^ 
the count's steward in London. So \ gave 
him back lus letters, and asked him wben^he 
came ? He told me he waf just come mtf 
England. I asked him whether he had bfpil 
a great while at sea ? And he told me yea ( 
and that it was stormy, and he had like tf 
have been cast away : said I, I hear you vt 
expected, therefore nave you paid your lodgr 
ing? No, said he; theu, said I, go and jip 
your lodging, and come to me in me mornisiy 
early. 

Sur Fra. Winn. You say you heard he W911 
expected, pra\' who expected him P 

Hanson, The count; for he had.spokaa 
formerly twice of the Polander, and in Iha- 
great storm thought he had been drowned. 
To the best of my remembrance, I have heanl 
the count speak twice of this Polander. 

Sir Fra. Winn. Of this man P 

Hanson. I suppose it is the same- 
Sir Fra, Winn. You say you saw him 09 
Friday ? — Hanson. Yes, I did. 

Mr. Williams. When did he ?peak of th4 
stormy weather, and that he was afraid the-^ 
Polander mi^t miscarry ? 

Hanson. About 12 or 13 days before. 

Mr. Williams. Now say as near as }'ou can 
what the count said. 

Hanson. He said the Polander was a mighty 
able man, and understood horses ; and the 
count had a mind to buy English horses, and 
intended to havehfid this Polander as a groom, 
to dress them after the Geiman way, and no 
man was abler than the Polander to do it ; an^ 
when he spoke of it, I went once to tho 

D 



..*.^ 



85] STATE TRIALS, 34 Ch aeles 11. l682.— Tria/ of C&unt ConingMtark [i& 



'Change, ancT enquired whether tlie ship was 

lost? 

Sir Fra. Winv. By whose direction did you 

gato enquire whether the ship was lost ? 
Hanson, I had no direction, but only count 

Gopiogsmark's speaking about it. 

- Sir Fra, Winn. He seemed to be concerned 

at it, did he? 

Hanson.. Yes, he was afraid that the Po- 

lander would be drowned. 

Mr. Williams, You say you directed him to 

clear his quarters? — Hanson. Yes, I did so. 
Mr. Williams. Did you see him again the 

Bext day ? 

Hanson. Yes, he came the next day. 

Mr. Williams. Was he the next day in com- 

|>any with the count, or no ? 

Hanson. I brought him to the count. 

Sir Fra. Winn. Where ? 

Hanson. It was a little before noon ; because 

I went the back-way, and left him at the 

Cpunt's lodging. , 

Mr. Wiili.^ms. Did you leave him with the 

count? — Hanson. Yes, I did. 

Mr. Williams. Pray as long as you were 

there, what passed between the count and the 
Polnnder ? 

Hanson. I remember very well what passed 

between the count and biro, for I have thought 
of it. He spoke to him, and called him Thou, 
«a to his servant, and asked him where he had 

l>een all the while ? And he answered, he had 
been at sea, and tossed up and down. 
' Sir Fra. Withens, Pray ^vhat directions had 
|rougiven about a sword for that Polander ? 

Hanson. I went to the count's lodffings, and 
being desired by htm to stay, I desired he would 
exdttse mt*, for I could not stay, because I 
was to g-o aboiit -another business ; he told me 
the teltow was all naked, and he had no man to 
■eiid to buy him a riding coat ; I told him I 
wonkl very willingly and heartHy do it. And 
after I had dined 1 went to an house near the 
fiay -Market, and bought a riding- coat, and 
brought thelidinff-coat to the count's lodg- 
ings. I dehvered it to the count. Then the 
count told me bis man had never ' a sword, 
and I asked him how much his lordship 
weukl please to bestow on a sword, he 
told me a matter of tOs. or thereabouts ; 1 told 
him I did not know where I should get such 

/a swonl, nor how to send for it, because I was 
to meet his brother ; but I mthal said, it is no 
matter for /that, I viW take care you shall 

. have it this erenuig ; I went intoSt. Martin's- 
Lane, but could not find ever a sword worth a 
groat. Then I went as for as Charingr-Cross 
to a cutler whom I knew, so 1 told hmi, Sir, 
6«|d I, I have a commission to bestow tOs. 
upon a sword for a servant, therefore, said I, 
I leaTe it to your discretion, use my friend 
well, and um;yoiu^elf favourably too. I asked 
him when I should have the sword, he told me 

• in the eycniog ; I told him I wxratd call for it 
when I came from the play, where I was to 
be with the comit's brodier. When I came back 
with^ the young count Coning^mark (jom the 



play, I called for the sword, but hc5 told me 
It was not ready. I seemed to be a little 
angry, and told him that it was strange, a gen- 
tleman could not get a little sword ready for 
him in an whole afternoon. Well, Sir, said 
he, pray do not be impatient, I will send you 
the sword, and afterwards be sent it to the 
academy, and I afterwards sent the sword to 
count Conin^mnrk's lodgings. 

Mr. Williams. Pray had you this direction 
for the sword after you had brought the Po- 
lander to the count, or before ? " . ^ 

Hanson. Count Coningsmark did never give 
me any direction or charge to buy a sword 
for him, but I did offer niy service, if h« 
pleased, because he said he had no body to seud. 
Mr. Williams. Sir, you do not know tha 
question, or you won't apprehend it ; pray, 
when had you this direction from the count to 
buy this sword ? 

Hanson. On Saturday in the afternoon. 
Mr. Williams. When was it you brought tht 
Polander to the count ? . 
Hanson. In the morning. 
Sir Fra. Winn. Pray let me ask you' ano- 
ther question. When was it you ftrst heard 
Mr. l^ynn was killed ? 

Hanson. I heard it, I believe, about dght 
o'clock in the opening on Sunday. 

Sir Fra. Winn. Had you any discourse witb 
the count about die murder ? 
Hanson. Yos, I had. 

Sir Fra. Winn. Pray tell what that dis- 
course was? 

Hanson. I was at ^Tliitehall till ten of tha 
clock, and then I went to the count ; but I de- 
sire this may not be taken as an extraordinary 
visit, because I used to go to him on Sundays 
in the evenings, and those three Sundays be- 
fore he was taken, I used to come to nim in 
the evening, after I had been to Whitehall. 
When I came into his lodgings I found him in 
his night-cap, and his ni^ht-gown ; he asked 
me wnat news, I told him I could tell him 
great news, and that was of the kilhng of 
esquire Thynn, who was shot in his coach : 
The embassador of Savoy had told me all that 
he had heard about it, and I told it him. * After 
I had spoken of this business, he asked ma 
where hts brother was ; I told him his broths 
W9S at the dnke of Richmond's. And after 
some discourse I went away. 

Sir Fra. Winn. When you told him of tht 
murder of Mr. Thynn, did he make no answer, 
nor say any thing about it ? 

Hanson. He did not make me any answer, 
by which I could conclude that oountCooings* 
mark ^'as anyway concerned in the business. 
Sir Fra. withens. Pray, Sir, I ask you 
upon your oath, the count is a man of great 
quality himself; when you told him of such an 
horrid murder, what did he say nothing about 

it? 

Hanson, He asked me sereral qoestiont 
what the people did say, but I would not moke 
any mistake. 

Sir Fra. Winn. Tell all he said, Sir, about ill 



^n STATE TRIALS, 34 Ch IRtBS 11. lfi83.--*«Mf oiken^fer Murier. [5S 

L,C.J, Youtnaj eximioe bun in French, 
if you will. 

Mr. Wiiliatnt. And I undersUnd none but 
Pedlar's Fi-ench. 

Sir Fra. Winn. Thetrutii of it is, what your 
lordship savs cannot be opposed rcffularl^ ; but 
1 do appeal to 3'our lordship, and «U the judges^ 
and all the court, whether this man does an- 
swer like an ingenuous man ; you see he 
shifts. 

L. C. J, I do not see it, nor do I believe any 
see he shifts in any thing you nak, of hira ; 
cither he tells vou what the question is, or*the 
reason of it ; now far that is a reason, is left 
to the jury to consider. 

Sir Fra. Winn. Certainly it can do no hurt 
to hare an Interpreter. 

X. C, J. North. My lord, if there be two 
ways to take, 'tis best to take that which will 
g^ive satisfaction to all pei'sons; let him be 
asked by the interpreter, what qnestioDs th« 
counsel would have answered, and then let him 
tell his answer in French. 

I, C. J. If that be liked better, let it be so, 
Mr. Craven, can you tell the substance of the 
evidence that this gentleman hath given 1* 

Mr. Craven. No, I caunot, his ev idcnce has 
been so long, and so many cross questions hav^ 
been asked. 

l%r Fra, Winn. I would spare your time- 



HanMm. 1 told him th« greatest news I had 
IS, the killing of I^Ir. Thjrnn ; and I told him 
who brongbt the news; and I told him the 
cMBt were angry at it, that sndi an accident 
ahooU -happen ; and I said it was an Italian 
trick, not used in Si^land. 

Sir Fra. Winn. What said be then ? 
. Mr. WUiianu. Pray do yon remember what 
he said? 

Hanttm. What I have answered now. He 
JBade me such qnestMHis upon this story as I 
have told yon. 

L,C~ X I>et him explain himself: Pray, as 
as jou can, relate what discourse you had 
count Coningsmark that Sunday night, 
yon came to him and told him of the 
■wrder. 
Sr Fra, Winn, What did he say to yon? 
Jlinijoii. I will tell yon, my lorn ; the count 
was swpcized as every man would be, to hear 
of so snd an accident, and so the count asked 
ue what the peonle said, so I told him what I 
heard ai Whitehall ; I cannot call to my me- 
raocT all the particulars ; but I said the king 
was neartily sorry, and all the court, tor so sad 
an accident, and 1 must wrong myself, or count 
ConiDgamaik, if I should undertake to relate 
cxudy what passed, lor I cannot remember it. 
Mr. WUliams. But you said iust npw, that 
yon told the count it looked like an Italian 
tridE, not used in England. 
Hanton. Yes, 1 did so. 
Mr. WiUiams. What did he reply to that.^ 
Hamton. Not a word. 

Mr. Williams. Did he mention any thing of 
ibrtifications to you then ? 

Hanson, Yes, he ^ve me a plan, or a 
draught of a fortification done with his own 
hamC and that was all the discourse. 

Mr. WiUiamt. So then he diverted the dis- 
sourse to the business of fortification. 

X. C. J. The evidence is heard ; what it is 
dai he ended all the discourse with, shewing 
him a P&per of fortifications. 

Sir Fra, Winn, But 'thk he does say, he 
asked him what the people did say of it.^ 

HanMOH, For my lite, I dare not say I re- 
member any more than I have told. 

L. C, J. Look you. Sir, now will you in 
Fkench ddiver this for the benefit of those jury- 
men that don't understand. English. 

Mr. Williams, We pray, my lord, that our 
Interpreter may do it. 

L, C, J. Wnen a man can speak both lan- 
guages, he needs no Interpreter, he is his own 
best interpreter^ 

Mr, WUliams. My lord, 1 will tell you why 
I ask it ; there is a great deal of difference, I 
find, where you examine a roan with the hair, 
and where you examine him against the hair ; 
Where you find it diffiinilt to imdce a man an- 
im, you will pump him with questions, and 
erosB-mterrogate hun, to sift out the truth : 
Boir if you leave this man to the interpretation 
«f what he bath said himself, he will make 
a fine story of it, and we shall be never the 



L. C. J. But this is the way to spend our 
time. 

Sir Fra, Winn. I know your lordship does 
not value time in such a case as this, but you 
would have the truth found out. 

L. C. J. You must repeat first the discoursjK 
you had with count Coningsmark. 

Sir Fr. Winn. My lord, we will reduce it to 
two or three Questions. Mr. Craven, will you 
please to ask nim whaf discourse he had with 
count Coningsmark. 

Mr. Craven. He savs; the diMSourse he had 
with count Coningsmark about the PoLaader, 
was, that he came over as a groom to serve him 
to look after his horses ; that he had occasion 
for several English horses, and English servants 
to look after them as grooms ; and among the 
rest of his grooms, he intended the Polander 
should be one, to dress his horses after the 
German wav. 

Sir Fr. ifinn. So far he goes as to that. 
That the Polander came over to serve the 
count. 

L. C. J. Look you. Sir, does not he tell you, 
the count had a purpose to buy horses here ? 

Mr. Craven. He says tliere was a distuHU-so 
about biUs of exchange of 7,000 pistoles to buy 
horses. 

Su" Fr. Winn, Pray then wiU you ask him, 
what discourse he had with count Conings- 
mark about the death of Mr. Thynn, and what 
the consequences in law might be ? 

Mr. Craven. My loi-d, he says that the dis- 
course with count Coningsmark, concerning the 
Swedish agent, was, Tliat in case he should 
ask satisfaction of ftfr. Thynn, for the affronts 
that he had given him, not understatidtni; the 



391 STAtB l^RIALS, 34 Chabi^^ It. ie^i^THd of Ccmd Coningiitktrk [M 



Cttflftoms of the nation, if he shonM call him to 
aocouqt, what, ur^judice it mi^ht be to him ; 
for he did not hear, he says, that count Co- 
ningsmark d^gned any thing, or resolred 
upon killing him, or any thing of that nature ; 
but whether if he should call him to account, 
what the laws of Ens^land might be. 

Mr. Wilitams. Call John Wright. 

Sir N. Johnson. My lord, the count desires 
to know if he may be permitted to make his 
defence against these witnesses ? 

I'. C. J. No, be is not to make his defence 
now. But pray tell him, if my lord have a de- 
sire to ask any questions of this witness, he 
may ask what he pleases. 

i. C. J. North. Let the question be put to 
the interjirpter, that ^e may know what the 
question is before the witness gives^an answer. 

Mr. Craven. He asks him, if he has not 
seen him oftener in his lodgings undressed than 
dressed, and whether he was not to take physic 
ftom his ph^'sician ? 

Hanson, I do not remember, that in all the 
■time I saw count Coningsmark, I saw him 
dressed fbnr times in his coat, I cannot say I 
remember three times in aU. The first time 
when he came, he was in a campaign coat ; 
but all the time he was in his lodging, as I re. 
member, he was in his night gown and cap. 
"As to the other part of his question, whether 
I heard that he took physic ? I say this, trhen 
I saw count Coningsmark first at his lodging, 
when I came to him, on the Sanday evening, 
•1 was told the count was in bed ; It^ was late, 
but I ventured to go into his room, and sat a 

Soarter of an hour there ; and afterwards the 
octorcame in. Dr. Frederick, 1 saw him often- 
times at his lodging; and at the same time 
the young count was sick of an ague ; And 
when he came one evening to see the young 
count, I asked him what was the distemper the 
count had? The doctor answered me, tliat he 
had not told any bodv that the count was 
sick, or what he was sfckof, but he hoped in 
God, in a short time he would be recovered. 

Mr. Craven. He asks him if he gave any 
positive order,. that he should go of any mes- 
sage to the Swedish envoy ? 

Hanson. This I have answered before, and I 
»y now, if this discourse that I Wad with the 
^Swedish envoy, turn to the lordcount Conings- 
mark*s prejudice, it would grate upon my con- 
science all my life : Count Coningsmark never 
gave me any positive order to carry any mes- 
sage ; but I did gather, by his discourse, that 
the count might be desirous to know the envoy's 
opinion about this question ; a!id therefore I 
thought, the count desiring it, I would do it to 
please him, rather tha n by order. But I do not 
know that ever the count had a mind to give 
me such an order, but I did it voluntarily. 

X. C J. In plain English, did he ever 
rertyou to go to the.Sivcdish envoy ? 

Hanson. No, my lonl, he never did direct me. 

L. C. Bar. How came you to choose a 
foreigner or Jknow what the laws of £%bm4 
*«ref ^ 



Hanson. 1 thought it wonU'plaaMtliecmait 
to know hisopittiM. 

L. C Baron. But how came youlo obmt t 
foreu^ner, I ask P 

Hant&n, He has been nineteeti ytara bera 
in EngUud, and sure he shottkl know. 

Mr. Crown. My lord, he asks him if eVcr 
he told him that he had a deaig^ to fig^t Mr. 
Thynn, or to do him any prejudice, or Mnd hitt 
acnalleBgeP, 

Heuum. My lord, I am upon my oalfa, aad 
this I say, I speak it before God attd the codfftt 
count Coningsmark did never tell me that he 
had any mind, or did resolve to Call esqmMI 
Thynn any ways to account. 

Mr. William. Call John Wright. ^Vfh^ 
stood up and was sworn.] 

Sir Fr. Wtfnn. We shall ask turn but a ques- 
tion or two, my ^ord . * 

Mr. Williams. Pray tell me the time wfaeA 
this Polander came into England ; that man 
at the bar ? 

Wr^ht. He came the tenth day of this 
month. 

Mr. Williams, Pray what ship did be coma 
in ? Where did you first meet with him ? 

Wright. Here in town. 

Mr. Williams. Where was it ? 

Wright. At the Cross-keys in ThrogmoKon- 
street. 

Mr. Williams. Pray, when you fint saw 
him, what d id he ask you ? 

Wright. He asked me where count Conings- 
mark's lodgings were ? I told him I thought 
he was at Oxmrd, I meant the young gentle* 
man, for I did not know the other was in town ; 
but I went and enquired, and they told me it 
was at Faubert's academy. 

Mr. Williams, Whither went you with the 
Polander then ? 

Wright. I went to my lord's knlgings. 

Mr. Williams. What lord? 

TfV^Af. The young count's lodgings. 

Mr. Williams. Well, and what then ? 

Wright. And I came to Mr. Hanson, and 
he did deliver a letter to Mr. Hanson, and -i 
staid there about half an hotir, or there* 
abouts. 

Mr. Williams. When was this ? 

Wright. Upon Friday the tenth day of tins 
month. 

Mr. Williams. How k>ng vras Mr. Hanson 
and the Polander together ? 

Wright. About half an hour. 

Mr. Williams. What said Hanson to bim ki 
your presence.^ 

Wnght. Mr. Hanson said nothing. 

Mr. Williams. Was there any thing said 
about going back and paying his lodging, and 
coming back ? 

Wright. Mr. Hanson came down to me, and 
told me he vms glad to see me, and bid me take 
the PolanderbacK with me, and bring him to 
him to-morrow betimes, fi>r he most' (fispa$ch 
him about his business. 

I%r Fr. Winn. Then be said nothidg to tba 
Poboder.^ 



41] VTATfi UttALS, te CUAKLfiS II. i66£.-HifNl oikeri, for Murder. ^ [M 

Wright. No, btH t» Mi». 

Sr JV*. Wmn. Well, ^mhei, «€ yota do Ae 
aext morniw? 

Wright, fcmme to hun the nest nioniiiig, 
tD this Polaoder, and b« took hk thiosB with 
him, which was* sea-bed th^the had, and a 
gnt wMi a wheel-look, and sofne other thiags. 

Sr F. Winn. And whilfier did you bring htm ? 

Wright. I hrou^him to ifie upper end 
•f the flay-market, M. Faubert's school. 

Mr. Williams. To what place did you come 
ift tlie taomtng, say ynu? 

Wright. Sir, if it fifeaae you, I bronght him 
wilfain a door or two of Mr. Faubert's the 
boise-master, that teaches to ride the great 
kavse; ferhiedid desire that we mi^go to 
an ho«Be hard by, because lie would not carry 
Itt eanriage to my lord, he had a sea-bed, a 
foAaaaBile, a goa and other things ; and 90' i 
hraugbt him to en house, and there I called for 
apot of aie ; and he put down his things and 
"fte^t out, I thoaffht he had gone to make water, 
bat within a fittte while after returns s^ain, 
^mA Mr. Hanson coaes in with him : He asked 
'me why I did not come sooner ; I told him I 
kad seine ettfier business, I was with some 
French Merchants to look upon some goods. 
80 be bid the Pole pay me for my trouble, and 
\tke ftp his things, and go along witli him ; 
and he did do so, aod I never saw the Pole af- 
terwards 

L. C. J. You that are the interpreters, 
tepeoc whflt he hath said tothe jury. (Which 
was done. 

SrFr. Winn. We have done with this man, 
the use we make of him is to foflow this 
Mander, and we shall lynng him to the count 
by and by. Cirfl Dr. Frederick Harder. (Who 
was sworn.) 

L. C. /. The Doctor understands English, 
donHhei" 

Sir Fr. Winn. Yes, we are told he doe^. 

Mr. WUlianu. How long hare you known 
the count that stands there at the bar ? 

Dr. Harder. I have known him a good 
while, it may be this four or five years. I 
%VPe known nim fbnr or five years. 

Mr. Wiliiawu. How long hare you known 
cart. Vratz? 

Dr. Harder. About a year and a holf, or 
ilroyears. 

Bfr. Williams. Was nw lord and captain 
^fatz acauainted then ? — Harder. Yes. 

Mr. Williams. Was he in employment under 
TBj lord, was be in the tonnt's service ? 

Border. He was with Hie count, but whe- 
dier he was his companion I cannot tell. 

Mr. Williams. Did he live with the count ? 

Harder. Yes. 

Mr. Williams. Did captain Vratz, when 
^ count came Iflst over into England, come 
over with hira.^ 

Harder. Yes, by my knowledge. 

1. C. J. Do you know it or not? 

Border. Captain Vrat^ cadie to me, and 
IQUnie, mr ford desi^d to speak with me, and 
I irent witn him to my lord. 



Sir Ir. Winn. Was that the first 
you received firom the oooat ? 

Harder. Yes, it was. 

Mr. Williams. How long was that ago ? 

Harder, The aane day the Morocco em- 
bassador did exercise in Hyde-Park. 

'Sir Fr. Winn. How h>ng is that ago f 

Harder, About a month ago. 

Sir Fr. Winn. What was that his first h>dg>^ 
iag after he came last ihto Bn^nd ? 

Herder. It was in the- Hay-4ttarket. 

L. C. J. Was it a ooraer hoose, as thft 
other witness saith, or net ? 

Harder. Yes, it was. 

Mr. Williams. Was the count % prit^te 
lodger there ? 

Harder. He lay in his bed ^en I came to 
him ; he came as a traveller privately. 

Mr. Williams. Did he go by Ins own name, 
or another name? 

Harder. Nobody did question him about bis 
name, but when I did come to him, I did dis- 
course with him about his body. 

Mr. Williams. Pray,, Sir, thus : You went 
often to visit him, pray did you ebquire for 
him by his own name, or any other name ? 

Harder. He desired that he might be pri- 
vate, because he was to take some medicines, 
and he would not have it known." 

Mr. Williams. Now, Sir, I would ask yoil, 
did you observe him to be in any disguise? 
Did he wear a perriwig, or how ? 

Harder^ He had a perriwig. 

Mr. Williams. Was it a fair perrivrig, or 
what colour ? 

Harder. It was brown or blade. 

Sir Fr. Winn. Sir, was he in a divinise, 
or no? 

Harder. He had his own clothes, but He 
had a perriwig. 

Sir Fr. Winn. Pray what name did be gt> 
by, hi^ right name, or any particular name ? 

Harder. In the first be^nning 1 gave him 
no name ; but, said he to me, if any body ask 
you about me, I would not be known ; for if 
they know that I lie privately thus, they wiU 
think I ail some ill distemper, therefbre I would 
have you call me by the name of Carlo Cuski. 

Mr. Williarfis. "Were you with, him, pray 
Sir, upon the Sunday moroing that Mr. Thymi 
was murdered ? 

Harder. I cannot certainly tell, but I was 
with him in theafiemoon. 

Sir Fr. Wtnn. Pray call yourself to mind, Sir. 

Harder. I cannot certainly tell. 

Sir Fr. Winn. What time were you with 
him in the^ evening ? 

Harder. At nine o^clock, at night or there- 
abouts. 

Mr. Williams. Did you receive any letter 
firom capt. Vratz at any time ? 

Harder. I did upon Saturday morning, the 
Saturday before Mr. Thynn was murdered. 

Sir Fr, Winff. Have you that letter about 
you ? — Harder. No. 

Su: Jr. Winn. What was in the letter ? 

Harder. Hedesiiedme to go tolheoQunty 



40] STATC TRIALS, 54ChaelB8 II. l682.--Tria2 of Cemut Cwing$mmrk [M 



who had a desire to apeak with me. I came { 
there, and had some speech ivith bun about bis 
indisposition. I told bim be bad better stay 
till next day, before betook physic, because it 
was cold weather. And after that, went with the 
Polander tp my iodginc^, and the captain's man 
came in, and then saic^ here is a man that will 
direct you to captabi Vratz's lodging ; which I 
did not know. 

Mr. Williams, Look you, Sir, you say you 
went to the count, did you shew the count that 
letter from capt. Vratz, or no ? 

Harder, The count saw it. 

Mr. Willioms. Then . bear a little, When was 
it you shewed the letter to the count ? Was it 
Saturday or Sunday ? 

Harder. It was Saturday. 

Mr. Williams, Now, was the Polander then 
in the count's lodgings or no ? 

Harder, Yes, lie was. 

Mr. Williams, Was there any discourse 
about him then ? 

Harder. I had never seen him in my life. 

Mr. Willimtu, But was there any with the 
ciount? 

Harder. No, not at all. 

Sir Fr. Winn. Then, upon your oath, I ask 
you once more. Was the Polander ever in 
company with you and my lord at any time ? 

Harder. No. 
. Sir Fr. Winn, Upon the Sunday, upon your 
oath ? — Harder. No. 

Sir F^ Winn. Nor the Saturday evening. 
■ Harder. No, I have not seen hun since that 
morning when the captain's man 4ook him 
idong with bim to his master. 

Mr. Williams. Pray, bow came the Po- 
lander into your company on Saturday morn- 
ing? 

Harder. I had bim from my lord's that 
morning. 

Mr. Williams. Then my lord and the Pp- 
lander were together ? 

Harder. No, they were not together. 

Mr. Williams. Was the Polander in my lord's 
lodprings? 

Harder. Yes, the Polander was bdow 
stairs. 

Mr. Williams. And did you take bim from 
the lodginsf ? — Harder, Yes, I did. 

Mr.nuliams. How long did he continue 
with ypu ? 

Harder. Not at all, I went home with him. 

Mr. Williams, Had you no discourse with 
him ? — Harder. No, none at all. 

Mr. Williams, Where did you part with him? 

Harder. I brought him to my house ; and 
when he came in a-doors, the captain's man 
being there, I told bim there was a man would 
show him the captain's lodgings ; and he took 
him away along with bim. 

Mr. Williafos, You say, the ca^itaiu's man 
had the Polander from you ; pray name that 
man ? 
, Harder, I cannot tell his name. 

Mr. Williams. Was his |iame Berg? 

Harder. I believe it was. 



Sir Fr. Winn. You say you delivered a let- 
ter from captain Vrats on fiiaturday morning to 
the count ? — Harder. Yes. 

Sir JFr. Winn. Did the count read thelet-» 
ter , and tell you the contents of it ? 
Harder, No, it was not sealed. 
Sir Fr. Winn. Did not you know the con- 
tents of it then ? — Harder. No. 

Sir Fr, Winn. Pray, when you delivered the 
letter from captain Yratz to the count, what 
did the count say to you ? 

Harder, The letter was not written to the 
count, but it was writ to me. 

Mr. Williams, What was the reason that 
you shewed it to him then ? 

Harder, I received a letter from captaiji 
Vratz, that the count desnred to speak with 
me ; and afterwards I was desired to direct 
this man, the Polander, to captain Vratz ; and 
so I directed him to captain Vratz, and nothing* 
more I know. 

Sir Fr. Winn. Well, Sir, one thing vr/Km 
and J have done with you ; for you will not, I 
see, give a reasonable answer : pray, when tbm 
Polander came along with you from the 
count's, did you observe he had any tbin^ 
about him ? 

Harder. He had a great campaign coat. 
• Sir Fr. Winn. Dui he se^n to have an/ 
thing under it? 

Harder. He bad a portmantle under it, I 
think, or some such thiuflc. 

Mr. Craven. My lord, the count desires 10 
ask bim some questions. 

L. C. J. Let bim ask what questions be will. 

Mr. Craven. My lord, be asks him whether 
be does not remember, when he first came to 
town, he bad bis bodV ^1 of spots ? 

Harder. Yes, my lord, when be came from 
Tangier, he had spots over all his breast ; and 
it was feared they might^pet up higher toward* 
his neck, and encumgerbun very much. 

Mr. Craven. He says, if my lord pleases, he 
will shew it openly. 

L, C.J. No, there is no need of that, doctor. 
Did you give bim physic for that ? 

Harder. Yes, for that I did administer physie 
to him- 

Mr. Craven* He says, my lord, he over- 
heated himself in riding to Ttogier, tliinking 
to do the king and the nation service, and tlie 
heat broke out in spots over his breast. 

X. C. J. The doctor knows nothing of that. 

Mr. Craven, He asks whether the doctor 
was not desired by him to cure him ? whether 
he did not tell him he would cure him of those 
spots? 

Harder. He desired me to administer phy- 
sic unto him. 

Mr. Cra:ven. He says be went to Strasburgfa, 
and when became back he was in the same 
condition he was in before ; and be asks vrhe- 
ther the doctor did not undertake to cure bim ? 

Harder. Yes I did administer physic unto 
bim ; and this my own man can testify and be 
witness of; because my I<Mrdbid me takecare 
that be might be private, for he would not have 

4 



is] STATE TRIALS, 94 ChabIes II. l€$<l^end other$,far Murder. [4,6 



klmowii that he did tmke phync ; but I told 
my man, said I, it is my loni Conuigsmark, and 
tberefore pray take care of him, and see that 
fliephysi6 be inade very well up. 

JL C. X You aeem to intimate as if he lay 
piivate to take phync ; pray let me ask you this 
^oestioD, did you me him phasic all this time ? 

Harder, Not always pm^ingf physic, but 
some sort i^hysic all the tune. 

L. C. J. What erery night and moitung? 

Harder, Yes, evefy day. 

Mr. Craven* The count desires to ask him 
irhere be was that mihappy day this business 
wasdone? 

Harder, I found him that day ill, lying 
domi upon the bed, I asked him how 'his physic 
bad wotked : he told me he was airaid he nad 
got some cold \ and indeed I found him very 
modi disordered, and I went home and letchcd 
bimspme physic to take that night 

£. C. /. By the oath yon have taken, was 
there any other occasion, or had you any other 
discoor^ with him, when you came on the 
Sunday night but concerning his physic? 

Harder, My lord, I will tell you the truth ; 
I nerer heard the count speak any word in my 
life, that he had any concern, or design of any 
quarrel at all, nor any discourse, but about the 
administration of his physic. 

L, C. X Let me ask you this question, for 
they desire it here, what was the occasion ? anQ 
whether you know the occasion, why my lord 
aiteied hislodfings so often P 

Harder, The mrst occaaon was this ; because 
it was in the Hay-market ; and his man said 
it would be quickly known if he did continue 
there ; so he would take anodier lodging, which 
was in Rupert-street, and there he lodged three 
days ; but the chimney did so smoke, that my 
lord could not stay, because he could have no 
fire in his chamber, and the weatlier was very 
cold, for it did snow, and therefore I told my 
Koid,itwas not so proper for taking of phy- 
sic : thereupon he desired me to take him ano- 
ther lodging in C^ueen-street, which I did look 
about for, but it was not ready, so he had a 
lodging taken for him in St. Mai'tin's-Lane, 
iHiere he lodged till he went away. 

Mr. Williams, Pray, Sir, the physic that you 
gave the count, did it require his keeping within 
doors? might not he walk abroad with it, upon 
Tooroath ? 

Harder. It did requiv^liim to keep in. 

Mr. Williams, Pray then, how comes it to 
pass iliat the count so suddenly could go by 
wmterto GraTcsend ? 

Harder. I do not know what was dMie after- 
wards. 

SKr Fr, Winn. I would ask you one question 
ynd I would fain have you give me a lair an- 
sv«' to it, what became of the letter that cap- 
tim Tratz writ to you, and you shewed to the 
count? 
* Harder. It remained there upon the table. 

Sfr Fr. Winn. Did not- you keep your own 
fetter? 

Harder* Itwas notofany coBtttm. 



Sir Fr. Winn, If the letter were written to 
you, it is not so long since but you can tell us 
the contents of it ; pray, what were the con- 
tents? 

L. C. J. Can you remember what were th^ 
contents ? 

Harder. He desired me to so to count Con- 
ingsmark, who would speak with me, and that 
I would give his man an answer when I came 
from him. 

Sir Fr. Winn, But what were you to go tatlie 
count to do ? 

Harder. Nothing ; but the count discoursed 
to me about his own body and indisposition. 

Sir Fr. Winn. But captain Yratz was n» 
physician ; why should he send you a letter to 
talk about physic ? . 

Harder. It was nothing but my lord would 
speak with me. 

Hr. Williams. We need not trouble ourselves 
with this fellow, he confesses he found the Po- 
lander in the count's house. 

Sir Fr. Withens. Pray, Sir, let me ask you, 
who was with the count on Sunday night. 

Harder. Mr. Hanson was there, I think ■ 

Sir Fr. Withens. Who else ? 

Harder. The captain came in, and went out 
again. 

Sir Fr. Winn, What time of night was it 
that Vratz came into the count T 

Harder. It was at the same time that I was 
with him. 

Sir Fr. Winn. That he swears to be about 
nine o'clock : was it after Mr. Tbynn was 
killed ?— Harder. We had not heard it. 

Sir FV« Winn. Sir, was it nine of the dock ? 

Harder. Yes, it was. 

Mr. Williams. You say you found the Polaop" 
der at the count's lodgings ? 

Harder. Yes, upon Saturday morning. 

Mr. Williams. Then he came along with 
you from the count's lodgings ? 

Harder. Yes, to my house. 

Mr. Willianu. And you parted with him 
there? 

Harder. Yes, the captain's man took him 
away with him. 

Mr. Williams, That was Berg, was not it f 

Harder. Yes. 

Then this Evidence was interpreted to the Joiy. 

Mr. Craven. He desires the jury should 
know what the doctor said about his sickness. 

L. C. J. Let it be repeated to them. . 

Mr. Craven, He desires to know whether he 
may not speak it in French himself. 

L. C J. No, the Interpreter must do it ; 
I (which was done.) My lord, would you ask 
any more questions of tne Doctor ? 

Count Con. No more questions but them I 
h ave osked t 

SirFr. Winn. Call Thomas Howgood. [Who 
was sworn.] 

Mr. Williams. ' Pray, did you sell any sword 
to the count? . 

Howgood. I sold a sword to the goremor ; t 
broad horseman's sword. 



47] STATE TRIALS, .34 Charles U. I682.— TVts/ of Cotmi Cmmgimnrh \4S 

Mr. Williams. When wu this P 

Howgood. On Satufday was fortnight. 

Mr. WilUam. What tune was it that he be- 
0poke it ? 

Howgood, He bespoke it half an hour after 
6 at ni^t. 

Mr. Williams. What did he say to you when 
he bought it P 

Howgobd. He said he would call for it about 
d o'clock at night, when he came from the 



^i&; 



fr. WilUam. What kind of sword was itP 

Howgood, An horseman's sword, as broad as 
two fingers, such as the gentlemen of the 
guards wear. 

Sir Fr. Winn. When he came for the sword, 
what said he. ^ 

Howgood. He was angry it was not done, 
and I told him that I would send it to him 
quickly. 

Sir Jr. Winn. Where was it sent? 

Howgood. To the Governor's lodgings at the 
academy. 

Mr. Williams. Now, my lord, we call several 
persons that were privy to the concealing of 
this gentleman, that can give you a better ac- 
count, Richard Hayes and Robert French. 

^Robert French appeared and was sworn.] 

Sir Fr. TTinn. Piray will you tell my lord 
wliat you know of the count's concealing him- 
self and changing his habit. 

French. I never saw him, my lord, before I 
came here in court ; but it seems be did lodge 
in my house 3 or 4 days. 
■ Sir Fr. Winn. How lone is it since ? 

French. Between 3 weeks and a month ago, 
just 10 days before the murder. 

Sir Fr. Winn. What name did he go by 
then? 

French. I did not know his name. 

Sir Fr. Winn, Who. used to resort to him at 
that time? 

L. C. J. You say, Sbr, you saw him not, 
what company did come to him P 

French. 1 did not see him indeed. * 

Sir Fr. Winn. Pray did captain Vratz come 
to him to your house r 

French. He lodged with him all the tiiiift. 

Sir Fr. Winn. You say you know capt 
Vrsts was there ?—JWficA. Yes. 

Mr. Williams, Did Dr. Harder use to come 
to him ? — French. Yes, seyeral times a day. 

Mr. Willianu. What name did he enquire 
for him by ? 

French. The Doctor took the kdg^ing and it 
was for a strancer ; I heard no name at all. 

Interpret, my lord desires to know^ whether 
you did not su^ect he took physic in the 
house? 

« French. I suppose the Doctor did give you 
an aecoont of that ; 1 don't know that he 
did. 

Interpret. Did not your siaid know of any 
•uch thfng ? 

French. Myviaidis her^abowillgireyou 
■aaocount 



8k Fr. Winn. . Call Ana Prince ; (Who 
sworn.) Pray do you acquaint my lord what 
you know of count Coningsmark; whether 
ever you saw him at your master's housQ in 
the Hay -market P 

Prince. Yes, he lodged there. 

Mr. WiUiam. When ? 

Prince. He came thither last Friday was a 
month. 

Mr. Williams. How long did he stay there T 

Prince. Till Wednesday. 

Mr. Williams. At that time, who used ta 
frequent his company P 

Prince. I know nobody but the doctor that 
used to come to him. 

Mr. Williams. What name did he go by? 

Prince. No name at all, as I know of ^ they 
did not ask for him by any name. 

Mr. Williams. Did the captain use to eomm 
tohunp 

L. C. J. Her master says he did lie there. 

Prince. Yes, he used to lodge there. 

Mr. Williams. Did the captain giye him iMiy 
physic ? 

jL. C. J. No, butthe doctor did. 

Sir Fr, Win. He only asks a merry quesk 
tion. 

Z. C. /. But we are now upon the life and 
death of a man, pray let us have those Ques- 
tions asked that are serious, not iauch light 
tilings as are permitted in ordinary cases. 

Sir Fr. Win. Now, my lord, we will call 
Francis Watts. 

Mr. Craven. Maid, my lord asks, whether 
he did not take a vomit in your house ? 

Prince. Not that I know of. 

Then Fra$u^ Watts was swom. 

L. C. J. How old is the child P 

Watts. 15 years old lost Christmas. 

L. C. Baron. Ask him whether he under- 
stands what an oath is P 

Mr. TAj/nn He was swom befinre the king 
and council. 

L. C. B. If he were swom before the king 
and council, he may give evidence here sure. 

Sir Fr, Win. Were you at the couut's aa^ 
vice at any time?— -YTa/^^. Yes. 

SirFr. Win. Howk>ngP 
- Watts. I was with him 11 days : I came lo 
him upon the Friday. 

Sir^r. Win. How long was it before the 
death of Mr. Tbynn? 

Watts. I think it was 10 days ^fore the 
death of Bfr. Thynn. 

Sir Fr, Win. What was your employmeot 
with him? 

Watts. His boy to wait upon liiro. 

Sir Fr. Win. Did you lie in the same lodg- 
ing? — Watts. No, at my &ther's. 

Sir Fr. Win. What was the agreement be« 
tween your fitther and the count ? 

Watts. 6d. a day and my diet. 

Sir Fr. Win. What comnany did you ob- 
serve came to the count's lodgings P 

Watts. That gentkmaB toere in the hlaoli 
perriwig. 



19] STATE TRIALS, 34 Charles II. iG^^'^-md Mer$Jar M^ier. f 5(> 



mt Fr. Win. Wts li^ •i^p with your 



Watt$. Yei» efery 4ay. 

Su* Ft, Win, Hov masxj lodlgiDg^thBd he 
viiile j<m w«r« with him ? 

Wattt. Three: One 19 the Haynuuriket, 
md, one ia Rupert i^r^et, and Uien the last in 
St. Maitw'g. 

Mr. WiUiimtf' Thns, child; doyoureipem- 
. ber the timeof kiUiiigMr. Thynar 

WmUs. Yes. 

Mr. WUUam. Were yo« in yo«r master's 
semccthenP—JFa/if, Yes, I was. 

Mr. WiUiatiu, Who was in rmir master's 
ompsDy ihat morning hefmrelir. Tbymi waa 

JDl]0d ? 

Waiis. I came vp, as I used to do id the 
momin^ to my master, and he asked me what 
was tbematter with the hustle in the strael ? 
And I told him somdbody was takeo upon sus- 
pkaon of liHinif esquire Thynn. 

Sir IV. Winn, That was on IVlonday mom- 
ii^; bat the Smiday raonung before, what 
eomtpoBy did you observe there then ? 

WaiU, I cannot teU any thing exactly of the 
Sunday morning. 

8ir>r. ITian. Was dmtainVratz there? 

Wmtts, I canhot eaxdj^ remember. 

Sirl^r. Winn. Whai time in the ereoii^ 
was it reported Mr. Thynn was killed? 

Watti. Aboat 8 o'ek)ck. 

Sir JV. n^im. Can you tell who hrooffht the 
fintaews? ^ 

. Wmtts, One of my Udy Sejrmour's nuuds, 
who was teHing the people of it below. 

Sir JV. Winn. Did you oboerre any body 
oome to your master's lodgings afterwards ? 

Watts. \ en. 

Sir Ft. Wi*n. Pray who came ? 

Watts, Tliat gentleman in the Uadt perri- 



IFi^^iaaif . Pray in what habit was he ? 
how came he in ? 

Watts, He came in a great coat ; I cannot 
tell whether it was doth or camblet. 

Mr.^ Williams, And what, did he speak to 
auyhody, or go strait op ? 

iVattt, Noy he spoke to nobody, bat went 
Mrak np stairs. 

Mr. Williams, Didhegouptoyourmastar's 
ladflngs? 

Waits, Yes, I beliere so, hut I stayed below 
ia the shop. 

Mr. Wiuiami, How long did you stay in the 
shop? 

Waits, I stayed there about half an hoar. 

Mr. Wiiliams, Did yon leave biul there? 

Watis, Yes, I did. 

Mr. WiUiioms, Did he cOMinue there aH 
the time that you were in the house ? 

Wmtts. Yes. 

Ml*. WilUams. What time did vou go awa^ ? 

Watis, About throe quarters oran hour after 
tel gentleman came in. 

Sir Fr. WUAins. Do you rememher you had 
aay A eo nAe with the count, aboiit nding on 
SandayP 

▼OL. IX. 



Watts, He asked me on Sunday in the fore- 
noon, whether people were suffered to ride 
about the streets on horseback on Sundays ? 

Sir Fr. Winn, This was that Sunday morn- 
ing, was it ? 

Watts, Yes : He asked if they might be 
suffered to ride about the streets on Sunday ? 
I told him yes, before sermon-time and ansr 
sermon-time. 

Sir Fr, Winn, About what time of the day 
was it that he had heard this discourse ? 

Watts, AboutlOor llo'ckKsk. 

Sir Fr. Winn, Are you sure it was Sunday ? 

Watts, Yes. 

Sirfr. Winn. Then I as|c you another ques- 
tion : Upon Sunday nooming, or any other 
time, do you remember that the Polander was 
with the count your master ? 

Watts. He came in on the Saturday morning. 

Mr. Willianu. Was he in the company or 
presence of the count ? 

Watts, I was aboye stairs when he came in. 

Sir Fr. Winn. What do you know of any 
sword that was delivered to him ? v 

Watts. Upon Sunday morning tb«>re was a 
sword brougnt to my master's kiikfings, and 
my master's man took it of me, and earned it 
up stairs, and this man^ the Polander, after* 
wards had it below stairs. 

Mr. Williams. When was thiasword brought 
to your master's house ? 

Watts. It was on the Sunday morning. 

Mr. William. What, the cutler brought the 
sword? 

Watts, No, it was sent by a porter from Mr. 
Hanson. 

fltU*. WilUams. What room was it carried into 
when it was brought? 

Watts. I think I did not carry i^ up : Yes, 
truly, now 1 remember, I did^ ahd deliveiad 
it to my master. 

^r.WiUiums. Pray wh^t did the eoui||t say 
to you ? 

Watts, I asked him if ^ere needed an an- 
swer to the note I carried with it, and h^ saH 
no. 

Mr. Williams. To whom was the sword de« 
livered afterwards ? 

. Watts, It was brought dowui and afterwacda 
this Polander had it. 

Mr. Williams. That man there? 

Watts, Yes. 

Mr. Williams, You jeulv that the sword was 
^en to jthe Polander : Pray speak that the 
jury may hear. Who brought dowi^- the 
sword ? 

Watts. I saw it in the Polander*s keeping 
when it was below, but I cannot say who 
brought it down. 

Sir Fr. Winn. Where did the PoUnder dine 
on Saturday ? 

Watts. He dined with my master's torn and 
I on Saturday. 

Sir Fr. Winn. Where did he He that night ? 
At whose chamber ? 

Watts, At our lodgings in the garret, in my 
master's man's dhamber. 



•^1 STATE Trials, 34 Charles II. 1 6S2^1VW <»/ CaktU Ceningimdrk ( 5r 



Sir JV. Winn. What day was this, do you 
•ay? — Watts. Saturday. 

Mr. Williams, When the Pulander had the 
'•word, do you remember auy boots that he had 
under his arm ? 

Watts. Yes, he bad boots under bis arm. 

Mr. Williams. And he had the si^'ord with 
him when he went ai;i ay? — Watts, Yes. 

Mr. Williams. Had he any coat ? 
'. Wdttn. Yes, a new coat. 

Mr. Williams. Well, I astc you once more, 
.what time of day was it that fape went away 
with the sword and the boots ? 

Watts. It was ip the forenoon. 

Mr. Williams.. What day of the week ? 

Watts. Stindav morning'. 

X. C. J. Ay, but your doctor that you exa- 
mined before, says, the Pohinder went away 
' with him, and be was not there on Sunday 
mominjr. 
. Sir Fr. Winn. It is true, my lord, it was too 

* tender a |K>int for the doctor, he lies under 
some suspicion ; and it is proximus ardet with 
him. ^ ' 

^ ' L. C, J. Well, call him again : Look you, 

' lloctor j you were asked before, and now you 

are asked again, were you at count Oonings- 

* inark's lodgings on Sunday morning ? 

Dr.. harder, 1 cannot certainly telL 

L. C. J. When did you see the Polander at 
the coqnt's lodgings, and whether was it on 
Sunday morning ? 
' . Dr. Harder. On the Sunday morning I did 
not see him. The only time was when ffotch- 
ed him from my lord's ; I have not seen him 
betbre nor since. 

JL. C. J. Then call the boy again. Where 
did the Polander dine on Saturday P 

Watts, He diued with me and my master's 
man. 

L. C, J. Where ? 

Watts, Below in the kitchen of our lodgings. 

L.C.J, Where by thePolander that night? 

Watts,^ He lay in our garret. 

L. C, 7. When went be ftom your master's 
lodgings ? . 

Watts. On Sunday morning. 

Mr. William*. Had he an old coat or a new 
ceat upon him f-^Watts. He had a new coat. 

L.C. J. WasJhe doctor with him ? 

Watts. Yes, Ae doctor went away with him. 

Dr. Uartler, I have not seen the Polander 
above ouoe in my life. 

Sir Fr. Winn^ But were you at the count's 
on Sunday morning, or no, I ask you P 
, Dr. Harder. I do not know whether it was 
Saturday or Sunday. 

L, C. /. But when you fetched him away, 
was it Saturday or Sunday morning P 

Pr. Harder. My lord, I cannot very well 
remember. 

X. C. J. Had the Polander a sword when 
jon went away h ith him ? 

J^r, Harder. I cannot positively say, but (as 
travellers commonly have) he might have a 
•word. 

Six Fr. Winn. Now come to youraelft •&<! 



deal honestly, for von are upon your oath ; I 
ask you, firie^d, this, you say he might liatr# 
a sword, do you remember a pair of boots ? 

Dr. Harder. No, 1 do not, 

Sir Fr. Winn, Do you remember the co«t 
he had uppermost ? 

Dr. Harder. Yds, he had something oiid0r 
his coat, but I don't know it was boots. 

X. C. Baron, Had he a buff-ooat under hiv 
campaign ? — Watts. Yes. 

Sir Fr. Withens. Let me ask you one ques- 
tion, young man ; do yon remember you saw 
any musquetoon in your master's lodging f 

iVatts. I did see a gun there. 

SirFr. Wtthens. When was that? 

Watts. I saw it upon Saturday. 

Mr. WiUiams. The musquetoon or gun that 
was in your master's lodgings, was it thtft 
which was brought by the PoNHider, or no. 

W^tts. I cannot tell that. 

Mr. WiUiams. Waa it a long piece or a 
short piece P 

Watts. It was not a short pieces 

X. C. J. Did the Polander take^it awagr 
with him P-* Watts. No, not that I know of. 

Mr. WiUiams. Now, ybun^ man, I would 
ask you as to Monday roonung : about what 
time on Monday morning did you come to your 
master's lodgings ? 

Watts. U was between seven and eiglift 
o'clock, a little after seven. 

Mr. WiUiams, What condition was he in F 
Was he in bed, or up ? — Watts. He was up. 

Mr. WiUiams. What was he doing ? Was h« 
packing up ? — Watts. Not that I see. 

Sir Fr. Winn. It was when he asked you 
about the hubbub in the street ; pray tell what 
he said to you ? 

Watts. He asked me what the matter was 
with the bustle in the street, and I told hioi 
that some were taken that had killed esquir* 
Thynn ; and I told him all thestory, as near a# 
I could : he asked me when esquire Tliyno 
was murdered ; 1 told him the night before ^ 
but I did not mind any thing that was done : 
but as I went down stairs, 1 met with a stran- 
ger, and he went up stairs, but I never saw my 
master after, till he was taken. 

Sir Fr. Winn. Did he ask you what Mr. 
Thrnn was P 

tVatts. Yes, and I told him I heard he^wi# 
a man of a great estate, and well beloved, and 
that the duke of Monmouth was in the eoaeb 
but a little before, and if he had not gone out^ 
he had been killed too. 

Sir IV*.- ITmn. What said the count to voui 
when von told him Mr. Thynn was well be- 
loved ?— Watts. He said nothing. 

Sir Fr. Winn. Can you remember who if 
was came to your master then P 

li 'attS' I know the man if I see him again^ 

Sii* Fr. Winn. Do you know his name f 

Waits, No, I do not know his name. 

Mr. Williams. Were any of your masltr*^' 
goods earned away then P — Watts. Yes. 

Mr. WiUiams> What goods, were caiq(| 
away then ?— WaU$^ Two pnrtmantton 



Mr* WilUmmi. Who carried them away f 

Watts. My father carried them away. 

Mr. WUUams, What time was it ? 

Watts. Between dght and jiiae oVilock, 

Sr Jr. Winn. Itwaa time to J>e gone. How 
parted youand your master ? 

Watts^ The stranger did come in, and I 
never saw mj master afterwards. 

% Fr. Winri, What, did your master take 
pa leaTe, nor say any thing to you ? 

Watts. No. 

3ar Fr. Winn. What kind of periwig had he 
when he went away ? 

Watts, He had a black perriwig« 

Sir Fr. Winn. What clothes? 

Watts. A light-coloured suit, wiih gold 

^QtlODfS. 

X. C. Baron. Will the count ask the hoy 



'& 



in the 



_ IT. Craven. Did you see the gun 
floom after the Polanuer was gone ? 
Watts. Yes. 

L. C. J. It is very plain that this gun was 
none of the sun that did this uuschief, but the 
gnn the lV)lander brought over from be- 
yond sea. 

Sir Fr. Winn. Call the boy's father, Thomas 
Watts, (who was sworn.) How long have you 
known the count ? 

71 Watts. I do not know him, but as I have 
aeemhint, 

8ir-J?r. Winn. Were you employed to carry 
any thing for him ? 
T. Watts. Two or three times I was. 
Sir. Williams. When were you last em- 
ployed by him P 

T. Watts. The morrow afier the murder was 
committed. 

Mr. Williams. 'What tiaae in the morning 
was it? 

T. Watts. It was between eight and nine 
o^dock in the morning. 
Mr. Williams. What was it you did for him ? 
T Watts. I carried a portmantle, and a 
portmantle- trunk, and some other things. 

Mr. Williams. Where were you directed to 
deliver these ? 

T. Watts. His man told me they were to 
go to Windsor. 
Mr. Williams. Welly tell the whole story. 
T. Watts. He i bid roe carry them to Char- 
ing-CroGs, that they might be put into the 
coach there. But when he came to Chariuff- 
Cross, a coachman and he had some wor£, 
and he hid him open his boot, and then he took 
the&ingv fcom me, and put them into the 
coach. 

L. C. /. Who was it that told you they were 
to gp to Windsor ? 
T. Watts. It was his man. 
Sir Fr. Winn. I would ask you. Sir, when 
iris the first time you knew the count ? 
T. Watts. It was ten or eleven days before. 
Sb Fr. Winn. What was the occasion that 
hnn^t yoa acquainted with him ? 

7. Watts. I was Dr. Frederick's porter, and 
lie sent me to carry sobe things to tba count. 



9} STATE TRIALS, 34 ChaklbsII. 1 $82.— ^mf oikenjar Mwnkr. f 54 

Mr. WiUimu. Wat it your son that waited 

upon him ? 

T, Watts. Yes. For when I brought tho 
things, they said they had forgot to give me a 
sword which I was to carry with the things : 
and I said, tliat I had a boy that I woul^ 
send, and I did so, and so th^ tock a likiog to 
the boy. 

Mr. Williams. What was the agreement for 
your son's service ? 

T. Watts. Six-pence a day and his victuals'. 

Sir Fr. Winn. What Was the man's name 
(as you remember) that eave you the things t^ 
carry to the coach, whicb were said to go for 
Windsor?— r. Watts. I cannot tell his name. 

Mr. Williams. He that pinched and pusbeil 
yon back, and took the things from you, and 
put them into the coach ? 

X. C- J. Did you see the count that mem* 
'mg?—T. Watts. No, I did not see him. 

Mr. Williams. Have you been laboured and 
sought to by any body to conceal your boy, that 
he should not be brought at this trial ? 

T. Watts. No, Sir. 

Mr. Williams. Had you no endeavours used 
with you about it ?—T. Watts. No. 

Mr. Williams. Did nobody speak of any sudi 
thinfftovou?— r. Watts. No. 

Mr. Williams. Did any merchant or any 
body send to you about this boy, to take him 
into service ? 

T. Watts. There was a merchant that would 
hare helped the boy to a place on Saturday 
last, but the jierBons that Hould have procured 
it, were about it a good while ago. 

Mr. Williams. Call Derick Raynes and 
Richard Cliappel, (who were sworn, and Raynes 
stood up.) yV hen did you see the count, the 
prisoner at the bar ? 

Raynes. On Monday in the afternoon. 

Mr. Williams. What time was it in the 
afternoon? — Raynes. In the evening. 

Mr. Williams. Where was it ? 

Raynes. At my hmise. 

Mr. Williams. Where is that? 

Raynes. At Rotherhith . 

Mr. Williams. How came the count to your 
house ? 

V Raynes. I know not ; 1 was not at home 
when he came. 
' Mr. Williams. Pray when you saw him, had 
he his own hair or a perriwig, or how was ha 
habited? 

Raynes. He had black hair then. 

Mr. Williams. How long did he continue at 
yonr house ? 

Raynes. From Monday till Thursday morn- 
ing. * 

Mr. Williams. Was he privately there or pub- 
lickly ? 

Raynes. He walked up and down the house. 

Sir Fr. Winn.. What countryman. are you? 

Raynes. I am a Swede, 

Sir Fr. Winn. What became of him alter 
Thnwday. 

Raynes. On Thursday morning he to^ 
water and went to Deptford. 



55] STATE TMALS, S4 CttAute II. 16«S*— 7H«i «f Ccmt OmiitgtMrk iS6 

Chtqmd. OitThittadiy taataiag, at ttnof 

tlio cloclc* 
Mr. William. Where? 



KrJFr. TFtten. Whattray dMllego,lr|r boat 

or hov? ? 

Raynes. A waterman carried him. . 

Mr. WiUiums. Pray what did the ccnmt say 
to you aboat his comiog in a disguise to your 
house ? 

Raynes. I knew nothing* at all. I came late 
home, and when I came to know of him what 
be was, then he told me that he was count Co- 
ningfsmark. 

Mr. WiUiami. What did he say to you when 
you discovered that he was the count? What 
did he tell you of his business ? 

Ratines' He said nothing ; but that he was 
desirous to go to Gravesend. 

S'u- Fr. Winn, Upon your oath, Sir, did you 
furnish him with any clothes ? 

Kaynes. Yes, I lent him a coat 
■ Sir Fr. Winn. What say you to a black 
Auit? 

Raynes. The blacksuitdid not belong to roe. 

Sir Jr. Winn. Whats?y youtoa velvetaip? 

Raynet. I helped him to a coat, stocking, 
and shoes. 

Sir Fr. Winn. Thai I ask you, what did he 
declare to you ? 

Raynes. Why, he did desire to have those 
clothes. 

Sir Fr. Winn. You are an honest man, teU 
the trntl). 

Raynes. He declared nothing to me. 

Sir f>-. Winn. When you dressed him, i^hy 
did he put on that habit r 

Raynes. He thought his own clothe^ were 
ioo cold to go upon the water. 

Sir Fr, Winn. Had he no deaths before ? 

Raynes. Yes, he had. 

Mr. Williams. You had the warmer coat, had 
you? 

Sir Fr. Wmn. Did he desire you to let him 
have your clothes, because he was in trouble ? 

Raynes, He desired a coat of me, and a pair 
of stockings to keep his legs warm ; and when 
be had got them, his own shoes would not 
come on, so I lent him a pair of shocis. 

Sir Fr. Win?i. I do ask you, did he declare 
the reason why he would nave tho$e deaths 
was, because ne would not be known ? 

Raynes. He said he was afitud of coming 
tnto trouble. 

Sir Fr. Winn. Why were you unwilling to 
tell this ? 

Raynes. As soon as I came to know he was 
iStie man, I told him he should not stay in my 
house. 

Sir Fr. Winn. Did you lend him those 
clothes, or seU them ? 

Raynes. I lent him them. 
Sir Fr. Winn. Had you them again ? 
Rayngs. No, I had not. 
Sir IV, Winn. Are you paid for them, or no? 
Raynes. No, my ship lies at the key, and I 
came home late in the evening, and found him 
there. 
Sir Fr. Winn. Setup Richard Chappel. 

' BIr. Williams, When did you first see that 
gentleman ? 



Chappel. At Rodberbith. 

Mr. Wmiam. How came you to him? Who 
brought you f-^Chappel. That man. 

Mf . William. What were you to do with 
him ? 

C/tappel. To carry him to Gratesend. 

Mr. Williams. Do you row in a pair of oati, 
ora sculler ?—CAap»€/. AscuUef. 

Mr. Williams. Whither did Von carry the 
count that day ?— Chappel. To Deptibrd. 

Mr. Williams. Whither the next day? 

Chappel. To Greenwich. 

Williams. And whither then ? 

C/mppel. To Greenhith and then the iMSt 
day to Gravesend. 

Mr. Williams. Was he in the same do^ife 
all the while? 

Chappel. Yes, all the while. 

L. 6. Baron. Were you hired to wait upon 
him all that time ? 

Chappel. Yes, I was to have five sbittidgk 
every 24 hours. 

L. C. Baton. Was he alone ? 

Chappel. No, this man was with him. 

L. C. J. Did he go in the sculler with him ? 

Chappel. Yes, to Deptfbrd. 

»Ir. Williams. Well, no# we will call the 
gentleman that seized him at the waterside at 
Gravesend. 

Sir Fr. Winn. What did the count call hioK 
self? What profession did he tell you he was 
-af? 

Chappel. He told me he was a merchant. 

SirSV. Winn. Did he say he was a jeweller, 
upon your oath ? 

Chappel. Yes, hfe said hfe had bought jewels. 

Sir Fr. Winn. Where is Mr. Gibbons, and 
Mr. John Kid P 

[Who wei*e sworn, and Mr. Kid stood upt^ 

Mr. Williams. Mr. Kid, pray, sir, will you 

acquaint my loh) and the jury in what condl- 

'tion you found the count at Gravesend ? Tell 

the whole story, and speak aloud, ^at all may 

hear you. 

Kid. I had some information upon Friday- 
night of him. 

Mr. WilUatns. Of whom and what ? 

Kid. Of the count where he was. So I 
made it my bnsmess to enquire into it On Sa- 
turday in the aHemoon a gentleman came tb 
me, and guve me certam information where he 
thought that gentleman the count was. This 
gentleman coming to me, said, Mr. Thynn iH ti 
stranger to me, but said he, I would not hare 
Mr. Thynn's blood lie at my door. This same 
person who is put out in the gazette, I beheve, 
1^ at a neighbour's house of mine. Says he, I 
desu-e you to be private in it, because it may do 
you a prejudice ; so we went into a coach at 
Charing-cross to go to a justice of peaee; I 
did not know where sir John Reresby iWed, bitt 
enquired of Mr. Gibbons, who told me, but be 
was not At hovaey and Mr. Brid^nan was not 



17] arrMTE trials, H CttAntti II. lG^$.-^iii{ 9thetBj&r Mitrder. r5> 



■t bonif ) ib 1(fiG!V6Dt to ftit teCfft^tHtf tfnd flwre 
we hiMl a Irarrant, and then I cmtte by wtkter to 
RoAetiitfh, and t^s same Raines that ih» ex- 
anrineil, and hm wife wliere be lay, were g&ne 
to Greenwieb to carfy liis ekftfaes, a grey miff, 
ad other elMbes that he had left. So gfOing 
dawn to GrfeeiMriob, we caHed etery boat that 
was upon the fiver aboard of us, to know, 
frhaiee they catile. Afid t^e had takeh b6r 
fkstttr tkoog with as, and she called out her 
•aber's name, Bfall Raynea, and her brother's 
name, Derick Raynes, and so at last we got the 
boat wherein they were, on hoard of ns. A»»d 
We asked the man what he had done with the 
eentleman that lay at his house ? He dechired 
be was gone away, he did not know whither. 
So I Went back again to ibis gentleman that 
<*aTe me this first inihrtnation, who did go to 
htm as a neighbour, to know whither he was 
etme, and whetehe was to be found, and where 
be wocdd hind. 9a he declared the particulars : 
That if we missed him that night, we should 
haTe him iti the Hope upon Mondar morning, 
yapoa a Teasel that was to be cleared upon M on- 
miy morning, ^o upon Sunday night coming 
to Graresend dbout eight ot time o'clock, or 
IbereaAioats, there he landed. There were 13 
or 14 St^edes at the same house where he was 
to land ; so we thought it convenient to take 
Ilin at his first landing, lor fear of further 
danger. 8d I staid at the Red 'Hon back- stairs, 
and he landed at the fbre-stairs, where the wa- 
termen were. As soon as he was laid hold of, I 
eameto him ; said I, your lordship shall not 
Want finr any thing that is convenient. He de- 
sired to know whether I knew him ; I told him 
yes ; and that his name was count Coning^- 
mark. That is my name, says be ; I do not 
deny h. So the mavor came, and the Custom- 
faoose officers searched him, and found nothing 
at all of any arms about him. He desired he 
might be used like 'a gentleman, and so he was ; 
fer there waa no abuse given to him, as 1 know 
of. Coming op the river, the most of my dis- 
touRK was about material aflkits ; a seijeant 
that h^d the command of a file of mnsqueteers, 
%hieh the deputy governor sent to guard the 
coout to Whitehall, a gentleman sittit^ there 
by me. Was asking me concerning Mr. Thynn's 
tnnrder ; I told him, that I was at Newgate on 
t^riday, afad there I saw those that had done 
thai barbarons f^ct. With that, my lord asked 
what lodgii^ ^ere were in Newgate P And 
Whetfier the captidn had a good K)dging ? I 
told him a very good one. I^ asked me whe- 
ther he confessed any thing: I told liim he 
had omfessed some particulars. And, said I, 
it is the most baiharous thine that ever was 
done. Cvtainlyy says my lord, this Mr. Thynn 
most have correspondence and commerce with 
tome lady that this captaib knew, that belong- 
Hi to the*conrt, or he would never have done 
it As for the Polander, 1 told him that be had 
eonAMed, he wept mightily. With that my 
lordseemed \ery much concerned, and took up 
llts clothes and bit them, and sat awhile up, 
hot Was verv mtieb dSscoodposed, and then de- 
aired to lie down. 



Sir Ff, Winn. That Was, wbcM ym told 
him, the Polander had oon fea s c d f 

Mr. Kid. Yes ; my lord was miglMily al« 
tared in his countenance. 

8ir Fr. Winn. 1M yon at the first time that 
you seized him charge him with the tuurder ? 

Mr. Kid, No I did not. 

SirFr. Winn. Was he in a black perriwig? 

Kid. His cap fell oflf, and his pemwig, just 
as I came to him. 

Sir Fr. Winn, Set up Mr. Gibbons. Pray 
will you tell what passed ? 

Gibbons, My lord, as soon as ever he came 
to shore, I walked by him, and gave him a 
little kind ofa justle ; and ray reason was, to see 
whether he had not a black coat under his cam- 
paign : I walked close to him just in this man- 
ner, as be walked along,, so he turns about n^^n 
and went down to the waterside, and adced the 
watermen; Watermen, have you stowed your 
boat f They answered, yes. Then come away, 
said he ; so soon as he came back again, 1 
catcfaedliim fast hold by the arm, and the first 
word he said to roe was, What, do you come to 
rob iwe ? Said I, my lord, you are liiy prisoner, 
and I told him I was the king's measenger, 
that had waited several days for him ; and 
holding of him very hanl; whether that was 
the occasion of it or the watermen that wera 
od^the other side of him, he dropped down his 
sword between his legs ; but when 1 named hit 
name, he gave a little start, and his perriwig 
dropped oH' his fiice. We went up tbe stnpet to 
the mayor, and the people crowding about us, 
were very rude and very rugged, and he de- 
sired be might be well used. We did all we 
could to keep the people from him ; We went 
up to the mayor's house, and when we came 
there I desired he might be searched, whether 
he had any arms ; He said he had none, and 
there was none. 

Sir Fr. Winn, When yon had the custody of 
him, whither did you carry him ? 

Gibbons. We carried him to the mayor'a 
hodse, and afterwards we removed him from 
his house to an inn. 

Sirfr. Winn, What did yon do the next 
day? 

Gibbons. We staid there about ^me two ot 
three hours. After an hour, or half an Inmi^a 
time, near upon an hour, my lord came ""to me 
and asked mewmy name ; and he said, the rea- 
son was, that after his trouble was over he 
would give me thanks for my civility to him. 
Captain Sinkleer, who stood up, gave him my 
name before I could, that it was Gibbons. Yea, 
said I, my name is Gibbons, and I belong to 
the duke of Monmouth : Why, says he, the 
duke of Monmouth has no command now 
and therefore bow could I take him by hia 
order ? My lord, said I, I do not apprehend 
you by his order ; you have killed a very good 
friena of mine, and had not providence ordered 
it othen^'ise, you had like to have killed a more 
particular friend, and a master : So, my lord, 
he seemed to be very sorry at that ; but, says 
he, I don't think they would have done any 
harm to the duke of Monmouth. 



< a 

il9] STATE TRIALS, M Chabi^ks tl. 1682.— Tm/ of CowU Cmumgmmrk [6* 

tberp ore ^igainrt yoa. That yoo weft oogni- 
zant of thisy and that you were the perwm thai 
deogned this : That you cnxae into Ensland 
about a fortnight or 3 weeks before the death 
of Mr. Thynn ; that cwtain Vratz, who was 
one of them that killed nim, came with you, 
that he lav at your lodging, that he was oon« 
stantly with you, that you lay incognilo there^ 
and prifate, would not be known what your 
name was, that you shifted lodgings from time 
to time, that Borosky the Polander came OTer 
by your order, Wias brought to your lodging, 
was provided for there, that be had clothes, and 
be bad a sword provided by your lordship foi^ 
him, and that tliere was care taken that it 
should be an extrordinary good sword, that 
you did discourse to Mr. Hanson about your 
calling Mr. Thynn to account, and this ropch 
about the time, or a little before the time of hia 
death, and what the laws of England would ba 
in case you should call Mr. Tliynn to account} 



Sir ¥r, ITtlm. What else did he say? 

GibboM. I think I have told you all that 
is material. 

Sir Fr. Winn, Were you in the boat at any 
tune, and gave him any account of the roan's 
having confessed ; what did he say to it ? 

Gibbons, Sir, I was not there, nor I did 
not come uii in the same boat with him. 

Mr. Williamt. Did he mention any thing 
about a stain to his blood ? 

Gibbons, I ask your pardon, he did so. 

Mr. Williams, What did be say ?. 

Gibbons, Says he, it is a stain upon my 
blood ; but one good action in the wars, or one 
lodging upon a counterscarp will wash away all 
that. 

L. C, J, What did he say was a stain upon 
his blood? 

Gibbons. My lofd, if you please, I will 
tell you : As I said, he asked me my name, be- 
cause he would come to give me thanks for my 
civility after his trouble was over; the captain, 
bc'in{>: quicker than I, told him my name : Yes, 
Sir, said I, 'tis Gibbons, and I belong to the 
duke of Monmouth ; said he, he has no com- 
mand now, how could you come upon his 
order ? Said I, I do not come upon his com- 
mand, but you have killed a very good friend 
of mine, and a ooun|ry man ; and if providence 
had not ordered it otberwne, you had killed a 
more particular friend of mine, and a master, 
that I bad served many years ; said he, I don't 
think they would have done the duke of Mon- 
mouth any injury : After that he walked up 
and down a- while, and then said he, 'tis a stain 
upon my blood ; but one good action in the 
wars, or a lodging upon a counterscarp, will 
wash away all that The mayor was m the 
room, and several others. 

Sir JV. Witin. Pray, Sir, one thing more; 
when you did speak to him of confession, did 
he say any thing to you about captain Vratz ? 

Gibbons, l^r, he was only asking of me 
how thinflfs were, what the people said, or 
some such thing ? 1 was not forward to tell 
him at first, but afterwards I did tell him, that 
the captain had made a confession, thoiigh it 
was athin^ I did not know then. Says he I 
do not beueve the captain would confess any 
thing. 

X. C. J, Did he say so? 

Gibbons, Yes, he did, to the best of my 
remembrance. ^ 

' Sir Fr, Winn, We have done with our ^i- 
denoe, my lord. 

L, C. J, My lord Coningsmark, will you 
ask him any thing ? 

Count Coningsmark, No. 

X. C, J, Then the next thing is, you heard 
the evidence that is given against you. Now 
you must come to your defence : I will put 
you in mind of some things, my lord, which 
things it will concern you to give some ac- 
eount of. It is here laid to your charge. That 
you were accessory to this murder of Mr. 
'Thynn, and that you were the person that di- 
rected and designed it* And tnese evidences 




my lady Ogle. And that after all. this, Mr, 
Borosky was not only clothed by you, but was 
sent by you to Vratz, (that the Doctor says) 
and after Vratz him, that he lay in your lodg- 
ing that night before this evil tning was done, 
and after toe thing was done, the same night 
Vratz came to your lodging and was with you, 
and had private conference with you, that the 
next morning you got up and went away, 
though you had taken physic the night be- 
fore, and though you yourself, nor your Doc- 
tor, thought you fit to go abroad, and you go 
away incognito, in a pernwig, disguised, you 
direct your servant to carry your clothes one 
way while you go another ; then you &;o down 
to tne water-side, and lie private near the river, 
at a Swede's house at Rotherbith for several 
days together ; you afterwanls take great care 
to conceal yourself, by changing your clothes, 
and putting^ yourself in a gain not like your 
own, and giving out you were a merchant or a 
jewdler, or some other trade; that afterwarda 
you trifled away the time and went 2 or 3 miles* 
and then strucK in upon one side of the^river* 
and afterwards on the other side of the river, 
suspiciously up and do^vn not to be known, and 
this not like yourself in any manner, but io a 
pitiful popr disguise, and hire a sculler to carry 
you, from whom you concealed yourself, and 
so all along you trifled away the time till yoa 
were taken at Gravesend : That afterwards wbea 
you were taken, you were inquisitive about the 
captain, whether ne did confess ; that you should 
likewise say some such suspicious words aa 
these, That you believed those who killed Mr. 
Thynn had no design against the duke of Mon- 
mouth ; that yon nelieved the captain would 
not confess; that you seemed to be concecned 
when you were told the Polander had cob« 
fessed ; that afterwards you should say, my 
lord, this is a stain to my blood ; but one good 
action in the wars, or a Jod^^ing upon a counter- 
scarp, will take away all thia, or wash it clean. 



f 1] STATE TRIALS, S4 CHAfttsft 11* I^S^l^miI otters, far Muritt. [62 



And then, wbk^ is also testified against yon, 
Ihat yim dbould ask the boj that ?ery morning 
«f tbie day the oDnrder was committed, whether 
&ey used in Lcmdon here to permit men to 
nde up and down on horse-hadt upon a Sun- 
^y ? Now these thmgs, my lord, it wiU im- 
f9ti you to give some account of. 

Sir N. Jokason. My lord says, he desires he 
BiaT answer all these things one after another. 

X. C. /. Let him do so. And first let him 
answer what his reason was to come into £ng- 
kod in such a manner incognito, at this time, 
and lie concealed, when he had been in £n§r. 
land betbre, and Uved in a mighty good eqm- 
paee and condition ? 

Mr. Craven, My lord, he says that hearing 
there was a p^ce between Swedeland and 
England, and Holland designed, and like to be 
eonfimied suddenly against the French,' he 
same with a design to serve England, and to 
niae a regiment of horse here for the serrioe 
of tbe king of England. 

Gonnt Comngtmark, If any such peace 
s h o o i d be, if any appearance of an alliance he- 
tween Enifland and Holland, and Swedeland^ I 
had a des^ to propose, if I could have a regi- 



L» C. J. Why did he come unknown, aikd in 
a disguise? 

Sir N. Johnum. Secondl3r he sa^s, my lord, 
the reason of his coming incognito was, be- 
sanse he had a distemper upon . his arms and 
biesst, and having formerly tried and employed 
dus physician, and having experience tnat he 
was an able man, he was resolved to lie private- 
hr till he had cured himself ; ibr he could not 
dnak. wine nor keep company, having this 
distemper upon him, and he was afinid, if be 
had ki^"^ oompany, it would have hindered his 
cure, and he should not have been so soon 
cured, as if he kept in the house ^ and he says, 
that his equipage could not -come 'till after, 
and he would not willingly appear 'till he had 
his equipage as a man of his quality ought to 
do; and these were the reasons that made him 
keep private. 

Z. C J. Pray ask him upon what occasion 
he did chanse his lodgings so often ? 

Sir N.JoSuon. He says that his first lodging 
was changed because it was too cold for bun ; 
and he says, the next lodging, where he was, 
diose that were there can tell, the room where 
he was smoaked so cruelly, that he was not 
able to endure it. And be says, he liked the 
house BO well, that he sent to see if the chimney 
could b|^ mended, and it was not to be done, 
otherwise he had gone back to that house, and 
he has the man and his ivife to bear witness of 
ft, if you please. 

X. C. /. Let him call them. 

Count* Call Joseph Parsons and his wife. 
[But they did notappear.3 

L C. J. Then ask my lord this, to what 
nrpose he did brine: over this P<ribnder here ? 
fieoogfat to oonsiderofthot, and give an ac- 
foaot why he brought him hither. 
' bt^prtUr. He says thi# Pole was taksn 



into his service ivhen hewent to Tangier, whea. 
he went several thousand miles to do the king's 
service, and he had designed at that time to 
bring him into England to dress his horses 
after the German way. 

X. C /. Had the Polander been a groom 
formerly ? 

Interpreter , He s^y** he thinks he bad been 
groom to his uncle beiore. 

X. C. J. Bat to what purpose did he bring 
him hither ? 

Interpreter. He says there was a great dis* 
course about Strasburgh's being besieged, he 
did design to buy some hordes, for every dne4id 
ar|n themselves ; and he says he sent over 
1,000 pistols to be answered by themerchant^ 
here, to buy horses. 

X. C. /. Hath he any body to prove it ? 

Count, There is Mr. Risby, Mr. Hanson^ 
and my brother. 

Young Counts My lord, I had a bill of Ex- 
change. 

X. C. J. For bow much paonev, my lord ? 

Young Count, For 1000 pistols,' to buy 
horses, and he has bought one horse, and way 
to buy more. 

X. C J. Do you bear, gentlemen, what he 
says ? He came over to buy horses, an'd he 
returned 1,000 pistols for that purpose ; and his 
brother (Joes attest there was such a sum return- 
ed by hdis of Exchange, for the buying of 
horses. 

Interpreter. My lord, he says he does fear 
that the jury that do not undei'stand English^ 
do not understand his reasons for being in a 
disguise. 

X. C, J. Cannot he give an account of k 
himself? 

Mr. Williami, No, my lord, his evidence 
must be interpreted to them by the Interpreter. 

X. C.J. Tne doctor's evidence haUi been 
heard already abbut the same nuitter. 

Sir N, Johnson. He desires, my lord, to know 
this; whether he niay not say the same 
things over again to the jury m French? 
there are a great many persons of quality that 
understand it, and they will see whether he 
speak true. 

X. C. /. Let him, if he pleases. 

Sir Fr. Winn. But then, my lord, I hope 
that your lordship will tell the jury it goesror 
nothing without proof. 

[Then the Count spoke to the Jury in French. 

X. C. J. My Lord, I do not knoi^ whether 
thegentlemen that are of your right-hand heard 
you or not 

Jurymen. We understand not French. [Then 
the count spake it in Dutch.] 

Interpreter. He says, if it had not been (w 
the great stormy weather, the Pohmder had 
been sooner in London, for he sent for him * 
before. He says, the letters go fiomStras* 
bufg to Hamburgh inseven days, and that moai 
commonl^r diips^do come from tibenoe in sMt 
days, but in a great deal less time than the ro- 
lander eamsovar in. And he says, thai ha mit 



63] STATE TRIALS, 34 Charles II. l682.-*Tna/ ^f Cmni Coning9wmrk [64 



four months before to i«toh the Polander ov«r, 
and be mi^bt have been here long ere now, if' 
it had not been for the weather. 

L. C. J. Then, my lord, I would ask you 
some more questions, which concerns yoik to 
answer. Upon what occasion did you male 
your discourse of Mr. Thynn*s death to Mr. 
Hanson ? Had you any <Uscourse with him ? 
and upon what occasion r 

Sir N. Johmon. My lord, he says in common 
discourses, it is impossible to give an account of 
the di80ourse,H)r renaember the occasion of it so 
long ago. 

L.C J. Adc him if he bad any quairci with 
Mr. Thynn? Or knew Mr. Thynn ? 

^ N. Jolmson. He saytf, my lord, that he 
never had any quarrel with Mr. Thynn, nor to 
the best' of his remembrance, with bU eyes, 
jMver saw Mr Thvnn. 

L.C,J. Then 1 ask you this, my lord, did 
you ever bear Mr. Toypn liad married my 
lady Ogle before you last came into Eng- 
land ? 

Interpreter. He says, he never heard of it 
ontilbe wasgoin^toStrasbargh, and then all 
the whole town did talk of it 
L, C. /. How long is that ago f 
Interpreter. Half a year ago. 
L. C^J. Then k was before hu last coming 
into England. 

I9ir Fr, Wihn. My lord, his discourse with 
Mr. Hanson, was not when he was last in town, 
but before. 

L. C. J. Then pray ask Irim tbifl, what oc- 
casion be had to ask the boy upon SundaT. 
whether horses might ride about the town of a 
Sunday ? 

Interpreter. He says, my lord, this is a veiy 
strange thing, that he s&odld go and ask a 
seoHMn-boy, whether people might ride on 
Smdays, when he himself, over and over again 
has rid upon Ssoidavfii to Hyde-Paik, as niany 
persons of qualitr do. 

L. C. J. Has be any body to pvove it? 
Bir N. Johnwa. Here is major Oglethorp, 
(who, with divers other gentlemen, testified they 
liad seen him ridingr divers times, en Sundays, 
m Hyde-Par^. " 

L. C. J. Tnen that questten signifies no- 
thing ; there oould be notbinff in that question. 
Sir N. Jchmon. My lordThe de^res that I 
may b«^ examined concerning the boy, of what 
I heacd by chance from the boy himself, and I 
wfll give you an account of it upon my &ith and 
Toputation. 

£. C. /. Do BO, Sir Nathaniel, say what 
you can say. 

Sir N. Johnmrn. My lofd, I having had the 
honour to serve a -while under my lord's fother, 
I WM desirous, knowing the honour of the 
fhbuly, and bearinga grrat respect to it, to do 
My lord all the rea^inable service I could. So 
heiHing my \Kvr6 was taken, ajid in Newgate, 
i went to wtMt upon'him ; and coming there, 
if r. Uiohardson told me^ there was a Uttle boy 
*«nai«id at the count's door for his wages, as he 
mki. So Iapak«t»lhebey, andtfkadhim, 



whatdo'st thou stay for ? He laid rae for his 
wages. Said I, certainly nay Imtl will pay 
you your wages ; how long hare yoq aerve« 
nim ? He said, a little whila ; and then said I, 
if you Ikwed with him, what do you know of 
his business? And then ofhinaseif he began 
and told me : only this I know. That VralB 
was an my master's chamber that oitffat, and 
the PolauM' that mght went 4Mit wim a jpair 
of boots under his arm, and more than this I 
do not know. Said I, boy, who do yau serye ? 
Says be, I have no master at present; but 
mn of his own accord be told me, sir Thnmm 
Thynn bad nroKused him a place, and in the 
mean time, r am, says he, to go to aerre my 
lord Privy-Seal; and oo noiyToed gave him 
90r. for his wages. 

Interpreter. My lard desices die boy may 
he asked', whether he did not go to fetch 
plwwc. 

X. C /. Ask him ; where is the boy ? 

Watts. No, 1 do not remember it. 

L. C. J. Now, you should put the oooot in 
•mind. 

Sir Fr. Winm. We observe what a aovt of 
iaterprelar sir N. JohniMm is : he speaks move 
like an advocate Uian an interpreter ; he min- 
gies iQterpfeter, and witness, and advdbate to- 
getl)er, I don't know what to make of him. 

L. C, J. The count had taken physw that 
day. 

i^ TAoimu^IT^n. My lord, I desire to be 
heard, I never smdte to the boy in ail my lifo. 

Mr. rAyiifi. Nor I. Bai he gave the same 
testimony be ^ves now, bcfose the king and 
council: 

jL C J. Look you, sir Thomas, it does nat 
ooacern you at all tospeak to tfaait, there is no 
reieotioii made upon you in it But my Imrd 
Ckmiogsmark, it wiU conceni you a htUe, to 
shew upon what occasion eaptam Vratx came 
to you that night that Mr. Thynn waa IdHed. 

interpreter. He says, my lord, he cant 
teU why he came there ; it is a proper ques- 
tion to ask ^rntain Vratz himself. 

L. C.J. That can't be. 

Interpreter. He says, my lord, he kept his 
chamber at that time; he had taken cold 
upon his taking physic, and the captain came 
to give him a visit, and he never reflected what 
any one came for ; he was lying upon his bed. 

L. C. Baron. Pray a^ my lord this : why 
this man, tliat was sent over to attend horses, 
should came upon tlie Friday, and a cam- 
paign coat be boiiglit him on the Saturday, and 
he nimiriied with a sword on the Sunday P 

' Interpreter. My lord, the noise is great, but 
I suppose your lordship desires to know what 
was the reason why he Dought a sword for him 
and a coat? 

L, C. Btunm. Ay, and how he came by the 
buff-coat ? 

interpreter. He ^ays he had that before. 

L. C. Betron. Bat why must he have sueh 
aatrong baaket-bilted sword furnished him in 
a day's^time. 

^iitmrpreter. He aaye, my lord, •• to the 

4 



fe] WMrra TfrtlALS, S4 Charles 11. l682.— amf others, for Murder. [66 



iSMiies^ ^Heii lie saw bun with all his clothes 
leni, he must of necessity g«t him a coat, or 
life he was a shame to him and hisi^enice. 
And 19 for the sword, it \ras no more (he sa^^s) 
ihaa what servants of bis bulk and making 
ned to wear. 

% If. Jokrt^m. And he says aQ t!ic servants 
«f gjentlemeti it Gennany weai* such broad 
tirordv. 

i. C. J. You know it yoarself, sir f^athantei 
Jbhosdn, you hart^trareUed there. 

Sir.N^. Johnson. Yes, my lord, they do ; and 
flie' Vo\es much broader and greater swords 
Aaa the others* Here is one in court that 
liffa a gr^at broad sword now by his side. 

L. C. J- Now, my lord, it will im|)ort you 
tft ^e some account, how, you having 
troD^ht over this Polandcr (as you say) to 
\htioae boTses, and help you in the mauage- 
Bsent erf them, to take care of them in the 
kahire of a oroooi, how yon came to part with 
Mm to captekn Vratz as soon as he came over ? 

Interpreter. My lord, he says, being that 
tap was sick himself, and tliere was no hopes of 
' iSic alliance between England and Holland, he 
had na ^tmh occasion for him, as when he 
%rrate ftnr him, and thei^fore saw no reosod to 
fteep him. 

X. C J. How long was it beftre that he 
imts for Htnii ? 

Coant. JFy lord, after the siege of Stras- 
idrgh, when"^ every body thought there would 
hwfe been a War, but it was not so ; th^efbre 
f had not need of him, but he had been seven 
#eek9 at sea ; and, my lord, it is a common 
lOam^ iuQermanv. 

Interpreter. He says, it is a common thing 
id diehr coantry , to gpve servants aWay , if there 
htriio occastoa for them. 

Cnrnf. My lord, it is a common thing in 
QeiYilany, it may be, it may not be so much 
fMdin England to give a servant away. 

jL. C. l^rpn. What, the next day that he 
comes orer ? 

t, C. J. WUat say yon, Or Nathaniel 
Jblnisoit'? 

flb If. Jxjknian. Yes, my lord, it is Yety 
ifeqoent in Germany to give a servant away if 
tbere benousenf him^ for these Folaadcrs are 
Hke blares. 

Interpreter, And, my lord; he says> that 
Mr. Russel does know, that the merchant that 
seat him over hither is a man of good repute ; 
0eA' if this man had had an ill deputation in 
(Sennany, he vvo'titd not have sent hitit. 
' Witnctf. My loi*d, I know very well he is a 
tan of very gfreat credit' in Hamburgh, and of 
great estate. 

LC. Ji Bid he send over this Polander? 

Witness, Yes, my l6rd, so I understand. 

X. C. f. Ctta 3'ou speak of his credit, sir 
IKftbsiei J(^lm<«yn ? 

* Witwag. Of the metclianfs credit I cian, 
my lord ; I know him to be a man ^f consi- 
derable estate and credit; He is a man of such 
itpotaiiofi, tHal he would not send a man of an 
m^utatiaii'. 

TOi. IX. 



i. C. Baron, Oh, Sir, ' Nemo . rcpente ftt 
' turpissimus.' He could not be so ill a roan at 
the nrst dash ; he must be a man probable tor 
such a service. 

•Sir Fr. Winn. You. may observe, my lord, 
how sir Nathaniel Jubnsoii v ho is interpreter 
in the case, is a witness, and argues for the 
prisoner too. 

Mr, Witliamt, Pray, ^ Nathaniel, is a 
rencounter the killing of a man after this 
manner ? 

Sir N. Johnson, A rencounter is another 
sort of thing', Sir ; you don't speak as if you 
were a soluicr. 

Mr. Wiihams: My being a soldier or not 
is nothing to the business ; but the captain said, 
he intended' to have made a rencounter of it. 

Sir Fr, Winn, But, my lord," we desire to 
take notice of sir Nathaniel's forwardness ; 
for it may be a precedent in other cases. 

L. C. J. What do you talk of a precedent? 
When did you see a precedent of a like trial of 
strangers, that coidd speak not a word of Eng- 
lish; but you would fain ha\e the Court 
thought hard of, for doing things that are ex- 
traordinary in this case. 

Mr. Craven, My lord, he desires he ifaay 
inform the jury what he sent for this Po- 
lander for. 
X. C. J, Let him. 

[Then the domA spake it in French and Dotch.] 

9 

L. C,J. My lord, another thing is diis, how 
came your lordship presently to go aws^ in 
such a private secret manner, and to direct 
your clothes to be sent as it were to Windsor ? 
And yourself to go away, and to make such a 
private withdrawing of yourself down the 
river in this manner F 

Mr. Craven. My lord, he says, that one 
Markham, that is here, came and told him, 
^at upon the killing of this man by the Po- 
lander and the captain, who were taken in 
such a fact, there was a discourse of it that 
it might turn to hb prejudice, and &at the 
common people do commonly fall upon stran- 
gers; that his tay lor told, him; that he heard 
the common people name him' as concerned in 
it^ and that he believed, if the common people 
did catch him, they would tear him to pieces, 
and so his friends did counsel him that ha 
would withdraw himself. 

L. C. J. Is the taylor here P Call him. 

Interpreter, Call Markliam the taylor. (n^ho 
stood up.) 

Sir N. Johnson. My lord, he says, that he 
was afraid the people might tear him to pieces, 
before he could come to justify himself. 

X. C. J. Look you, friend j did you come 
to coimt CohiAgsmark's lodgings after Mr. 
Thynn was killed, on the Monday morning f 

Markham. Yes. 

L. C, J. What did you tell him ? 

Markham, I told him nothing, but I wa> 
sent there by Mr. Hanson ; savs he, tell the 
count that the duke of Monmouth and several • 
noblemea have beeb here : ^o w I had not s^ea 

F 



671 STATE TRIALS, 34 Cuables II. 1 68£.^Trta/ fff Count Conhtgmmrk [69 

the count at that time before, but he told me 
ivhere he lod^d ; when I came there I, told 
the count of it, but be told me he knew no- 
things of it ; but, said he, I am sorry if any 
such thine be done. 

L. C. J. But what did you say his friends 
advised him to about it ? 

Markham, I did say nothing of it. 

[Then the count spake to him in Duteh.] 

Markham. That was aflcrwards. 
' X. C. J. What was that afterwards ? 

Markham, I was told, the people said, if he 
were taken he .would be knocked on the head. 

X, C. J. What time afterwards was it ? 

Jilarkham, After he went away. 

X. C. J. Who told you so then ? 

Markham, Mr. Hanson told me so then ; 
I would not toll a lie for all the world. 

Count, He can tell also when I went away 
^^-the rest he nwke in Dutch.' 

Interpreter. He says this man can witness, 
that heasked his man what inoney he had left, 
and he told him that he had not above 10 or 
11/. so he put his hand in his bag and took out 
•ome, and put it into his pocket. 

Count. So ill was I provided for an escape. 

X. C J. Ask him that question; do you 
know any thing of what money he took with 
him? 

Markham, No, I saw him take an handful of 
silver, but what it was I cannot tell. 

Mr. Thynn, He had 7 or 8/. about him when 
he was taken. 

Interpreter, He desires leave to tell it to 
the jury, (which he did.) 

Jt. C J, Now,, my lord, this will require 
some answer ; how came you to tell those gen- 
tlemen that took you, that he believed Mr. 
Vratz and the rest would have done the duke 
of Monmouth no harm ? ^ 

Interpreter, He says, the people told, when 
be waa taken, that the di;ike of Monmouth was 
in the coach, and that they did follow the 
coach a g^'eat >^'ay, and would not do the ac- 
tion till the duke of Blonmouth was out of the 
coach. 

Count, They did tell me, the croud that 
were about me, that those that were taken said 
that they would rot do it till the duke was out. 
Interpreter, And he says, that gave him 
sufficient reason to say to Mr. Gibbons that he 
did behere they had no design upon his grace 
the duke of Monmouth. 

X. C. J. He heard it so commonly, it seems. 
Now, my lord, there is one thing more that 
you should explain yourself in, what you 
meant by this when you said it would be a 
stain upon your blood, yet one noble act in 
war, or the lodging upon a counterscarp, 
would wash it off. 

Interpreter, He says, my lord, that though 
he knew himself not guilty of any thing, yet 
his being taken upon suspicion, and clapped up 
in prison, would be a great disgrace to him, and 
would be worse resented in his o^vn country 
than tho thing itself was : It being not the 



custom in his country to take persons of 
quality prisoners in that manner. 

X. C. J, Now, my lord, is there any person 
that yon would have called to ask anr ques- 
tions of? If you have, they shall be called. 

Count, No, my lord ; nut if you please to 
give meleaTe to tell something- that may be ne- 
cessary. [Then he spake in Dutch . 3 

Sir N, Johnson, My lord, he says, if yoa 
will give him leave, though it does not come 
very well ftt>m himself, yet he desires to say 
something for his own reputation. 

Mr. Williams, He should be armed witfi 
witnesses to make his defence. 

X. C. J. It is fit for any men that stand 
heipeto say any thing that is reasonable for 
themselves. My lord, if vou can speak any 
thing that yOu apprehend the jury can under- 
stand, speak to them what you please, so as 
they understand it, but do not be t<x> long. ~ 

Mr. Craven, My lord, if vour lordship 
please, he says he would spoik it nrst in French, 
and then in German. 

X. C. J. Ay, hut then the Englishmen of 
the jury will not understand a wora of it ; he 
had better speak in English to the jury. 

X. C. X (North.) Bly lord, it u an indif- 
ferent thing, it may be interpreted, not being 
matter of net. 

Sir N. Johnson, My lord, lie says it is a 
great happiness in all nis trouble, that he was 
in a country where he was^ to appear before a 
protestant iudicature, himself hemg a a pro- 
testant, and his forefa^ers also. He says, that 
his fore-fathei-s, under Gustavus AJolphus, 
were soldiers, and did there, with their swords 
in their hands, and the loss of their blood, en- 
deayour to settle the jprotestant religion in 
Germany, and protect it there : He says, that 
it has been the nonour of himself and his fa- 
mily, that they have always been ready to yen- 
ture their blood and their lives for the ad- 
vantage of the protestant rdipon, as the ex- 
amples of his g^randfather and father do shew ; 
and there was never any thing done byhis &- 
milybut what was done for the honour of 
his country, and his religion: And he says, 
that if any of his former actions can give any 
the least snopicion of his hemg guilty of this, 
or any foul lact, he is yery wilhn$[ to lay down 
his lire, and very vrilling to have it cat off im- 
mediately. 

Count, Immediately. 

Sir N. Johnson. He says, that he is yery 
I'^^y* upon all occasions, to serve the king of 
England ; and that he loves the English na- 
tion so weO, as always to be ready to do any 
thing to serve them. 

Count. Without any interest in the world, 
against the will of all my rdations ; and I have 
brought my brother into England to be brought 
up into the Protestant rdHgion, to shew mv 
inclinations to the religion, and the English 
nation. 

L, C, J, Haye vou done ? 

Sir Fr. Win, Yes, my lord, we haye done 
with our eyidenoe, and we ha? e no mattsr of' 



« 

STATE TRIALS* 34 Charles II. l6sz.--aHd aiheri^for Murder. [70 



&et to ivpiy unto ; batwe think it is oar duty, 
oD^cieniig the defience my ]ord has mtfde, 
t^ we should take some care to put the king's 
ciidenoe a little togedier, it being a case ot^ 
aadi luiture, and so cruel and horrid a murder. 
My Ixfecd, and you Gentlemen of the Jury, I 
am of cofonsel here for the kine, and you are 
nntlemeD upon an enquiry to nnd out the of- 
ndeis in a very ffreat, a baiharous, and a wil- 
fid mmrder. And, my lord, in relation to the 
principaJs, J need not spend your lordship's and 
the jury's time about them ; for all those three 
men, that ate indicted as principals, do, my 
kid, oonleaB the fact, though th^ do it in a 
£ferent nmnner, and though in form of law 
they hare pleaded Not Guilty ; yet when they 
cane to be asked the question, their guilt flies 
b their iiioes, and they cannot deny it. So 
dbenibrthofle three men there is no need to 
spend time in repeating the evidence. 

But, my lord, that seems to require the con- 
aideratioa (tf the jury is, whether this wicked 
and horrid minder he only circumscribed in 
the goilt of it to those three men that have 
oonnssed it, car whether any rational man in 
the world wiQ believe, upon the account they 
give tliemselves, that they had only a design, 
a study, or a deligfat to loll this innocent gen- 
tleman. No, my lord, the thing must Tie a 
fitde deeper, and there must be some other 
icawn why this barbarous murder vras com- 
mitted, 1 would crave your pardon for what 1 
say. My hnd, I would not speak any thing 
that afaomd mislead a jury in matters of blood, 
and 1 tfaank it was rightly said by your lord- 
ship, that when a man is tried for his life, we 
ought all to behave ourselves seriously, as in a 
matter <^ weight and moment. And so it is, I* 
think, a Tery serious thing, and a matter of 
eoDcemnient to us all to enquire who hath shed 
innocent blood ; for such was this poor gentle- 
man's blood that was killed, innocent blood. 

My lord, this count is a very unhappy per- 
son to have such a relation as has been proved 
to be of the principals : I will do my lord no 
wrong in the repetition, if I do, and am mis- 
taken, I craTC your direction, I am sure you 
wiU eorrect me in it. Two of the persons that 
are piincipab, that was captain Vratz and the 
Polander, happened to be persons relating to 
my lord^B family as his servants. For it is 
agreed by the witnesses that were thai comet's 
frwnds, that they came over into England ivith 
the eoimt, the last time he came over in that 
private manner ; and it is likewise proved, and 
not denied by him, that captain Yratz was fre- 
qoenliy with him, not only to the very day 
when this bloody fact was done, but afier that 
peat crime was committed : I say, my lord, 
It is a very mifortunate thii^ for this lord, that 
th^ men should have so near a relatioa to 
bim, who have had their hands in it, and can 
pfe DO account why th^ did it. 

My lordy I do know, (and your lordship has 
yady directed ns) that no evidence from one 
pisoner, or the confession of one can charge 
(kothoB IB point of evidenuDes but J cannot 



but take aotioe, that captain Vrats could giva 
no reason in the world fur it, but as it were for 
some aifrout to the count and himself. But, 
my lord, the evidence that lies heavy upon this 
lord at the bar, is made up of these particulars. 

First, That here is a murder committed is 
plain, then that this lord did fly, is also plain, 
and when he did fly, gentlemen, he kept him- 
self in di^^ise before that fact was committed, 
and whether or no the reasons be sufficient 
that he has given to your lordship, and the 
jury, must be left to consideration. He says, 
that he had not his equipage, that he was not 
very well, and that he could not drink wine : 
those I take to be the reasons given, why my 
lord Coningsmark did conceal himself, till the 
time after Uie fact was committed. 

X. C. /. He was taking of physic, and ha 
thought it might be prejumcial to him to drink 
wine,, or keep c<mipany. 

8ir Fr, Wtnn. But, my lord, these kind of 
shifts, we think, are not able to balance the 
evidence ; for that which is truly the evidence 
is this, Mr. Hanson, who is very much con- 
versant in that; family, and who did give his 
evidence very linwiihiijdy ; yet, he dul really 
confess that, which wDI go very far in tliis 
case ; for afVer he vras pressed several tiroes 
{your lordship, and the court, and the counsel 
pressed him) to tell what was the reason of that 
discourse he had with the Swedish resident, 
and he was asked, Had you any command 
from my lord Coningsmark? He answered 
no : but, says he, I mought it would please 
him, if I could have the opinion of the agent 
or resident to know what tlie laws of Enghnd 
were, if so be he called Mr. Tbynn to account, 
and what the consequence would be in refer- 
ence to bis design upon my lady Ogle, and 
upon this he does go, and ask the question of 
this resident. 

. Now, What does he mean by this calling »tQ 
account? We must take things according to 
the reason of them. Certaimy it was soma 
oflence that he had taken to Mr. 'i'hyno, and 
that is ijlain in regard when he was asked what 
the prejudice did refer to, Mr. Hanson was 
pleased to name that great lady, my lady Ogle,^ 
and said she was mentioned, and he did desire^ 
to know what the influence of the laws of Eng- 
land would be in that matter, if be should call 
him to account. 

My lord, I think, with submission, it carries 
this m it, as if he had a purpose in his mind to 
caU Mr. Thynn to account by quarrelling with 
him and hazarding him in nis life ; I do not 
undertake, nor would not, of myself, to ex- 
pound it, but this I will say, it must signify 
something, and nuist have some consideration ; 
and without all doubt, a person of this lord's 
quality would liot let ftdisuch an expression^ 
but for some end and purpose. 

My lord, after Mr. Hanson bad given his 
long evidence, which came so difficultly from 
him, we traced it down by several witnesses, 
Wright, Harder, and others; that this Po*- 
landtr canK OYer, a» it happened, on the Fri- 



71] STATETRIALS, 54Chablk8 II. l662.r*7Ka/ 1^ CbMl Cfinkigmm-k [ff 

4ay, (which » a thing comes mighty dose) 
npoa the Siitarday he is proviiled \nm a coat 
and a .sword ; oa the Sunday he committed 
this inhaman bloody fact. Now, it is a mighty 
unfortunate circumstauce upon this lord, that 
this should be a man whom my loi-d Coniugs- 
mark should be so Tery much concerned ibr, 
that because he was not come, he should be 
afraid he had miscarried in the weather; to 
ihat his answer was this, that he was sent for 
cnrer by liim to look after his horses, and he 
liad c(imc a great deal sooner, if it had not 
beett ibr the storsny weather. But, yoar lord- 
ship observes, that it was not above three or 
four months before, and then by -his own shew- 
ing tlie biuiiness of Mr. Tfaynn, and his mar- 
riage with my lady Ogie was talked of far and 
near ; and so, my ioriC it makes tlie sui^Mcion 
of the malice the greater, that he who has 
done this bloody murder, and has been so much 
under the command of (bis lord's family, that 
he should come but two days before, aitd tite 
count provide him with a wword that very day, 
and then tiiat letter from captain Vratz to Dr 
Harder, which he carried to dhe count, and the 
count ituifl, but of which he can tell you none 
of the contents; that speaks something in re- 
gard when the doctor went away, this iV>lander 
was sent to the captain by the doctor ; bat 
this is certain, however,, tnere was a sword 
that was brought by the cutter, that sword was 
oairied up to the count's chamber, that sword 
was deliyeied afterwards to the Polauder ; for 
he had it on the Hunday morning when he 
went away with the boots under his arm, and 
the campaisp) coat upon his back, with a buff- 
coat under it ; and he went out, aitd never re- 
turned till the iiftct %va8 committed. 

I say, ray lord, it canies a vehement suspi- 
cion, that he was privy to this murder, because 
this was a servant at his devotion, and your 
lonlship and the jury see what kind of a crea- 
ture he is, likely to io any thing, being at the 
command of so great a person. 

•But then, my lord, to come closer to the 
Cftitter, (for I will only repeat that which is 
most material) tliere is the evidence of the 
boy, who I must say, tells you a very sensible 
story; he tells you upon what account he 
came to him, that he was there ten days before 
the murder was committed; he swears ex- 
nressly, that the Polander lay there the night 
before, was there that morning, went away 
with the sword, and Dr. Haider with him ; 
that this murder was committed about eight 
O'elock at night, that captain Vratz came 
buKtlinjj into the cotmt's lodgingn, where he 
lay concealed, and the boy, by airreement, fee- 
ing to »;'o home every night, staid tUl half an 
hour past nine, and leil the captain there at 
that tmie, and the captain had been there m 
the morning. 

My lord, surely it is a strange thing, and 
much to be wondered at, that the captain, who 
had tlie manajfement of this murder, had no 
wbei^e to go ibr a refuge, but to his patron 
my lor* ConiBgmnvk» re^mg hot witli Mr. 



Tbytm's Mood, when ilie blow Was giveo^ 
within an hour after the murder ^mmitted, 
(for so the boy swears emrcssly, ibr the ■blow 
was given at eight o'clock) stni alterwardafae 
went to the doctor's to bed, abfiot ten o'ckick 
at nigiit, as the doctor hath confessed ; 1 take 
that for a mighty evidence. And then^ mkf 
lord, upon the Monday morning, when the 
boy comes in, the count asks faim. What wae 
the matter with tlie bustle in the street the last 
night ? Will any man in England believe, but 
that he had had earUer uewy of it? And §uf 
what reason should he ask the question, if Mr« 
Hanson speaks true, who brought the news in 
from Whttebali ? 

But tiie great question that we nwnder should 
be asked the boy, is what Mr. Thynn was P 
Which certainly was a very odd expression, if 
we consider what Mr. Hanson says. That the 
count had mentioned him in his discourse, sod 
my lady Ogie too. One of the count's answers 
was, It could not be imagined that he could 
speak io a scullion-boy ; but you see the boy 
swears it, and tells it so, as that it is rery 
probable. 

We now come, my lord, to give an aeosuot of 
hb flight 

The fother of the boy comes in the nmminr i 
and I would observe, though be pretended bis 
business and bis distemper brought bim over, 
and that be was ill and under cure ; yet tbts 
matter made the place too hot to hold bim ; sUi^ 
here he durst not ; immediately be forgot bis 
physician's prescriptions, and gave order to bis 
man to send awa)r nis things. Then the boy's 
fotlier was sent for, and me portraantles are . 
siven him, and he is told my Imd was going ti^ 
Windsor ; but when he came to Cbaring«Cross 
the things are put into a coach in the Strand, 
and from thencs they went for Rotberhitfa. 

Then came the man at whose house he lay» 
and he was a Swede, and by the way I "would 
observe, the wlmesses are most of them my 
lord's own friends, unwilling to tell the truth 
until we get it (and that very nardly ) from them. 
This man was very unwilling to tell bis know* 
ledge, but begot him the clothes, which dothes, 
by the bulk ot the man, one wouUl think would 
hardly fit the count .: but the more he was dis* 
guised, the more was* his security ; and wheu 
he was asked this question, why ne desired to 
have these clothes to secure him ? He said at 
last. It was to prevent trouble. ' 

Now let us consider, my lord, whether tbd 
count has given any answer lb that. Mylord| 
there is nothing in what he said, under pardon. 
He says, he went away, because he was afraid 
the people would tear him in pieces, before he 
could justify himself. If be were innocent, hs 
knew where to go to be secure irAm any hurt 
iVom the people ; he might have applied bim« 
self to your lordship, or to any other magis* 
trate. He is so ingenious he could not but 
know he might have protected himself undef 
the government, which protects and secures 
say man whatsoever if he be innoemt. 

I bavs these two tbiogv neoe to mcntiaB^ 



fi] STATiE T&IALi, 34 CJKA&LES IL iCBe^P-^Mdr Marfjwr Bturdtr. {JA 



«dllM«itkrilfeNnieilto your tocUiip, «bi* 
thejiuj ; anrf oba w liie eridpMf of Mr. Gib" 
kMis,aiidJllr. Sid. 

Mr. Kid girc^ tkA vtoh to ase k a reiy 
Material efidence at* wiiat |ttawl ^en they 
idzeii him : as they weraooming up the river, 
the coant airiai him, whelher ttaw were. any 
gaod Mgin^ in l^ewgale ? and pai$ieidaiiy 
opraasad Ihs cave af tlw ca^itaiD, to ask wbe- 
Iharhe were wcU lodged. Aadwheahewae 
Irid tfiat Ibe Palander had«OB&Ked, he nys he 
wenwd od the sudden 4o be vary MMch een- 
CRved, bit his <doAeS| and threw hi^tisflf along 
witfi aoioe agony. My ierd, «d iauocent man 
seeded not to use any such actions. 

Then onics Mr. Gibbons, n^o was mry in- 
itnunental in tiie puisuiag of' him, and is known 
to be an banest man, he gi^os lAiis avidenoe, 
tbit when diere was a osoourse about Mr. 
lliynn, an4 his old master die duke of Mon- 
mouth, the ooont, presently replied, they meant 
to bare done die dake of Monmou^ no harm ; 
and waHring about the room on a sudden, burst 
oat into this expression, This is a stain upon 
my blood, but one good action in the wars, or 
Issging npoa a counterscarp will wash it all 
away. 

^ow, ny lord, as to what he answers to this, 
I lay any bmb may make that evasion which 
b»Wb«ddekcuseit by, to say that the accusa- 
tion ii a scandal or a slain, may be worse than 
the guilt of the action ; buUyour lordship and 
Aejary see iMainlv, if so be the thoughts of a 
nan's own ieartlte that he is Guilty, it will 
break oat some way or oUier. These things 
1 only repeat, I leave thcMi to the consideration 
sf the jury. 

But when I have said ^is, there is ene thing 
■lore, and timt is, above aU, relating to the 
captain : says Mr. Gibbons, I did not know 
tbat the oafjtsin had con^sed, but 1 did ven- 
ture to say he had ; but the count replied he 
M not l>elieve the captain had confessed. 
My tard, yon see how the captain appears 
bme you, and if the count wiH take upon bim 
tossy, he does not believe the captain would coo • 
^ ; it dotb strongly argue he knew as much of 
Ibeeaplaifi'a mind as he himself. Then look upon 
tbe resolute behaviour of the captain, the fa- 
■uiiarity he Kved in with the count, that he had 
ibvaysbeena dep^damt upon his family, it 
•bewi some reason for bis assurance of secrecy 
ftom the captain, l^iathe would not confess the 
SBtbor of this most notorious murder, and it 
hea heavy upon him. My lord, I look upon 
IbediflCGvery of fiiis as a very miraculous thing ; 
sad pray consider, gentlemen, where shall a 
nongo to settle his thoughts i»r the original 
besueas ? I>o you (or can you) think it was 
ke^oD, invented and contrived by yonder three 
BMn ^ To what end or purpose, or for what ad- 
vaatitfeto them ? you nave heard the evidence 
••£ ihave repeated to you ; you hfiv^ heard 
^^tbis lord has said for himself ; how Ik has 
M, and what has been done. My lord, I 
^Bot use any thing of argnment to persnade 
"^J^ ; bHtleamiotdKiie but say, we kaoir 



no w&aictD fo4br 4^ asdhor of dhts vittulMNih 
f^uot, usr wbsm to aBouse as 4he mme -oan*^ 
trivar, hut ibis ooont befoM yau. I pray 4ie 
God of Heaven to direot yon in your en-'. 
qairy ; and if I have said any thing aDnas, 
I hi^ yoar pardon for it. 

[Then a great ahou) was made» which the 
court rebuked tbepeople for.] 

Mr. Wmi«mi$, My kMrd, I did not thiidc to 
have aaid ai^ thing more in this case ; but I 
mnsterave yo«r lorasbip's and the jury's pali- 
enoa for a few words. As for jhe three persons 
at the bar (the Pole, the Captain, and the 
Lieatenant) it is, gentlemen, very notorious 
they aie g^nltjr m this most hellish mur- 
der. But all the labour and difficulty of thia 
matter is, haw iar tiiis ooont is Guilty or Not 
Guilty. 

Ptb^, gantkmen, do hut afiserve tiie nateie 
of this crime, and the manner of our evidence 
that has been g[iven you. The crime he is ac- 
ouaed of| is, ibrbemg acceaaary to a witfhl 
murder: accessary tefore the fact; contri- 
ving of it, and laymg the train, whidi these 
nereons wai« made use of to fire. This 
being so, it is almost impossible to give you 
that dear ttgbt and pregnant proof against an 
accessary, as against the principals. The 
principal is he that doth the fact; that is 
notorious and open. Ilie accessary is the per* 
son that prepares the scheme, contrives the 
management, first setsthe wheel on wciric, gives 
the necessary instructions, who lies behind the 
I curtain. Now, considering that, and the nature 
' of the thing, it is impossibly to nve a dearer 
evidence than what you hat« had. 

Pray, gentlemen, do but first consider who 
hath been the privadees and the intimates itf* 
tllis count, with whom he has had conference 
since he came into England, Hanson and Dr, 
Frederidc, who are brought as witnessea 
(though unwilling ones) against him : the boy 
that was employ^ by him ; he is in no other 
hands ; I cannot bear he was amon^ any other 
persons but these, and captain Vratz, and the 
Polander. These are his company, and those 
alone with whom he had conversation. Now, 
gentlemen, that we should be abl^ to produce 
Siese very men (that were his only companions} 
i^inst him as witeesses, is a mighty things 
considering the privacy he lay in. 

As for Vrats, his most intimate privado, he 
easneover with him into England, liw'd arith 
him in his first lodging, and was ooutinuallj^ 
with him dnring his utay. 8o then, W hat can 
we oqiect about this man, gentlemen, when he 
had laid his design with all the privacy he 
could, would have as little conversation with 
Englishmen as he joould. It was very craftily 
laid, that h? would converae with none but those 
that were privy to his design , or had an 'han<t 
in it in a ^eat measure. 'Then pray considet 
how it was carried oo, gentlemen; Vrata^ 
who was the great commander, and the Po- 
lande)r, who was the immediate actor In it, bad 
been his oimsefTanls. TratSi Isay^hehadft 



7i] STATE TRIALS, 34 Cbahles II. i6Sfi.'^T)rial of Count Comngsmurk [76 



great confideaoe in ; he came orer vrbik him ; 
and will not ta^ man believe, tlutt this man» 
who eat of his mread, who lay in his family, 
was a likely man to do this for his sake, that 
thus cherished him ? For whose sake, pray, 
can it be thought to be? Not for his own 
sake ; for the captain tells yon he never had 
any communication or conversation with this 
nnhappy gentleman, Mr. Thynn. So tiiat if it 
w^ as they Would have it, that they did it out 
of respect to this count, who was thecaptain^s 
friend, it will turn upon the same point, and 
confirm the suspicion. Why should tibe Po- 
lander do it, if he had no reason to do it upon 
his bwn account ? For he never saw the face 
of Mr. Thynn, but was brought hood-winked, 
in a manner, to the fact 

Therefore whether it were not done for his 
sake, is that which you are to consider ; and as 
a proof that for the count it was done. I shall 
nitch upon one circumstance that will bring it 
, nome to his door, and that is, the evidence of 
llanson, his brother's tutor : And, by the way, 
I cannot but repeat it, that this thread goes 
through all the cloth, we have no witnesses -but 
those of his own faniiliar acquaintance and de- 
pendance. Now Hanson has (though very 
shufflingly) told you, the count and he iiad 
some discourse about my lady Ogle; and 
though we cannot come to know all the drcum- 
stances, yet he does acknowledge so much, as 
that there was mention made of requiring satis- 
fiiction of Mr. Thynn, or some account of him, 
and what might be the consequences of the 
laws of Engluid, in reference to my lady Ogle, 
in case he should call him to account. So far 
be is plam, though he will not tell what the 
discourse was ; that there was a discourse of 
my lady O^le, of Mr. Thynn, of askbg satis- 
&ction of Mr. Thynn, or calling him to ac- 
count, and what the consequences m law might 
be. And pray, gentlemen, observe, being to 
take advice about this matter, they would not 
consult an English lawyer, though I see one 
behind him now, but a foreigner, the Swedi^ 
a^nt ; not ask the opinion^ one man of this 
kmgdom. And then he gives you a mighty 
reason for it, That the Swedish rendentknew 
reiy well how to advise him in'this affair, l>e- 
cause he had lived in England about 19 years: 
80 that aU his acquaintance and friends, the 
managers of the business, and those consulted 
with about it, all outlandishmen; I cannot say 
they are all guilty, but I will say this makes 
our proof more difficult. 

Gentlemen, This being taken notice of as a 
DUghW circumstance, I woukl bring it a little 
mort home to this gentleman, whom we accuse 
as accessary belhre the ftMt. Pray consider how 
all along he ky skulking, and hiding himself in 
disguise, and shifting his lodging from place to 
place. I need not repeat it, nut I would desire 
you to think of what was concurrent with that 
▼ery day, and, as it were, concomitant with 
the very murder, and that will appear to be 
sufficient to satisfy any rational man. We 
u% Bot pickii^ up an evidence upon flying 



vol 
his 

nai 



woads, or nnconclndingf circomstances, but we 
offer fads to you, the facts ai-e to guide yeu, 

ou being to compare facts with facts. As to 

lurking and hiding, this gentleman gives 

u no manner of rational account, that he 

ad any business with any man in England 
that should occasion his lying* private ; but only 
he tells you, he laboured under a distemper 
that he would not have discovered ; and yet 
take him in that very distemper, and in tha 
process of his cure, as soon as this fact is over, 
the next morning he values neither his disease 
nor his physic, hut goes bv water, and made an 
attempt to fly abroad, nill any understand- 
ing man believe that he came privately into 
England, that he lay skulkin^^ here, that he 
made use of another name, and other clothes, 
that he should do all these thinga, and rnn 
away so immediately after the fact was done, 
and all only because of a little distemper of 
spots on his breast ? 

But then» says he, it was reported in the 
world, and told him the next morning, that the 

Sople, the rabble, would tear him in pieces. 
e was asked where he had this report, and he 
brought up a taylor, and depended mightily 
upon it, but the taylor denied it ; and, gentle- 
men, he that &ils in one thing he says, is not 
to be credited in another without g^ood proof, 
lie fs&ys, that he said no such thing, so that, 
eentlemen, this fictitious aigument of his fear 
Sills to the ground. 

Then ol»erve what fiiDows upon this vil- 
lainous fiict ; he flies away privateiv, he goes to 
a Swedish house at Rotnerhith, from thence 
by a Swede he must be put into a sculler, and 
that sculler must be towing of him. for several 
days together, till he come to Graveeend, from 
whence he was to have gone over sea. Pray 
lay all this together, and weigh it well, and see 
if you can imacine any other reason for it ally 
than what we tOled^. 

I would observe it to you, Gentlemen, and 
pray think of it, what the count has said to 
you in his own defence in so many languages, 
without proof, must pass for nothing. The 
court has had a great deal of patience to bear 
him, and shewn him a great deal of fiivour in 
permitting it ; but without proof, I say, it all 
passeth for nothing. And wnat proof he hath 
made of it, I must submit to you ; for I will 
not spend your time in running into particu- 
lars : And where be has proved any thing, 
pray compare facts with fiicts, especially that 
concerning the captain Vratz, which is not, in 
my opinion, to be answered; that be lived 
with nim, that be should be with him on the 
Sunday miming, that in the evening he should 
come thither a^n after the fact done« that be 
should be left m his chamber, and continue in 
the house so long. Will any one believe, that 
when Vratz eame over with the count from 
abroad, ktdged widi him here, viras every day 
with hihi in ^miliar conversation, should come 
that morning before, and in the evening im<) 
mediately aner, and stay with him so long, 
and yet ma oount be innooeDt ? N»y» will ail 



uiy man rttber absolutely conclude him an ac- 
teesaryiQ themuxder? 

Th^ gentlemeti, take into consideratioD his 
ffighl, and endeaToms to escape out of the 
hands of justice ; if there were no more, that 
is a great ev^idence of his guilt, hot you have 
much more, and as strong as you can desire or 
expect. He says he was afraid of the people ; 
al^ ! he needed not to fear that, he finds a 
Tery f»xr and generoos treatment here; he 
knew the temper of our English nation well 
CDoagfa, to know they do not presently fly in 
BMo's faces ; and he could not but know, he 
m^lit, without danger, resign himself up to 
Ike law if he were innocent. 

Gentlemen, we have given you a fair and 
MlerideDoe; we have offered you sufficient 
proof in iiiet, and have offered no shams to 
yon ; and I do not doubt but you will do right 
to the honour of England, and the justice of 
the natimi, which are deeply concerned in this 



U J STATE TRULS, 34 CttABtBS II. 1 (J8t.— jwrf othenjcr Murder. [7$ 

with a murderooti mtent, and a murder followed. 
And I must declare this for law to you, that 
this is murder in them all, if you believe them- 
selves ; so that I think there is little, very littio 
for you to consider conceroiuff these three 
men, but according to what they have acknow- 
ledjfed of themselyes both before the council^ 
and here likewise in your own presence, thej 
seem all to be guilty of this murder. 

The more doubtful question is concerning' 
count Coningsmark, that stands here befbra 
you, for he was not at the murder, nor is h% 
charged as principal ; and the question will ba 
as to him, Whether he commanded, or gave 
any authorityor directed to have this murder 
committed ? That is the thing that is now 
charged upon him, and without that, he cannot 
be accessory in tins case. 

Now, gentlemen, you must connder as to % 
that, several things are certain and positive ; 
That this Pobmder was once his servant ; that 
he was brought over from beyond sea by his 
order; That he was given by him to captain 
Vratz ; That Vratz was his gi-eat acquaintance^ 
and lay in his lodgii^ some time, though not 
at this very time. These things are plain : 
Now what answer is given to thu ? You hear 
he says, the Polander was taken for him, and 
hired as a servant beyond seas, knowing that 
he had skill in horses ; and the count having 
remitted money to buy horses, he was willing 
to have him manage the horses, and to bava 
his judgment in them, and sent for hhn threa 
months before for that purpose, and that ka 
came for that purpose ; bat knowing that the 
occasion for which he was to buyhishorsea 
was past over, there being like to be no war, 
and therefore there would be occasion for 
horees, he was willing to part with the Po- 
lander, as he says, is usual for persons of qua- 
hty in his countiy to do upon such occasions, to 

five their servants to one another ; and 8a» 
avioj^ cloathed him fint, he gave him to 
captoin Vratz : And yon hear how mvt€k aC 
this is made good by witnesses, and how far 
this IS satis&ctory to you as an eicine and 
reason for this, I leave to you. 

There is mdte too that is very plain : H m 
apparent that the count bid him come to bia 
lodging afW this murder was committed. 
According to the calculation of the time, it 
must he after the murder, for that was about 
eight o'clock, and he was there about nine. 
You hear what answer the count gives to that ; 
that he came as formerly he had done, ha 
knowing nothmg of this, nor of Mr. Thynn'a 
murder, and that he did not sp^ to him con- 
cerning it. 

The next thmg, gentlemen, is, it is plain 
the count did lie private when he came to 

Sngland ; uid he tells you (he brings tfaa 
octor to witness it) his occasion of priyacy 
was, because he had a sickness, which he waa 
loth should be known, having been foi:merlj 
in splendor in Ep^land ; but now without has 
eqmpage, he would not publidy appear ; and 
he was afiraid* |f he appeared in oompanyi ha 



^Then there was a great noise made.] 

X. C J. Look you, gentlemen, the counsel 
Ibr the king* have been very large in the re- 
peating of the evidence, therefore you must 
not ezp|ect from me, that I should go over it 
again in the same method that uiey have 
done. I will duect you a tittle as to some 
points in law, as to this case : Here is, as they 
tefi you truly, a murder as horrid and barba- 
reus as peradventure can be committed upon 
any solyect. It is a murder of a very bad na- 
ture, so that the rejieating of it is enough to 
make all men abhor it ; it needs no ajsfgprava- 
tioD, it la in its own nature so veiy barbarous ; 
and those {gentlemen that had a hand in it, 
must certaroly needs be ashamed, and look 
apon themselves as not fit to be accounted men, 
whoever they be. that had any hand in it, so 
barbarous and inhuman, and base in its own na- 
tore, and so unwoithy of a man. 

I must tdl you, gentlemen, when one man 
shoots another, and two are with him, tiiough 
they do nothing bat come on purpose to coun- 
tenance that evil fact, that is murder in them 
all ; aU that were present are guilty whenever 
•ocb an act is done : And three or four coma 
together, and one does the fact, and the others 
stand by to countenance it, whether they be 
there to bring the party off, or to animate him, 
and put faim into a condition that he may mur- 
der and kin, it is murder in all, and they are all 
asegnally euilty as he Uiat' shot, or actually 
jsrethe bfow. 

Now as to these three persons here, the Po- 
hader that shot, Vratz who was with him and 
stopped the coach, and Stem that was by with 
wm, they do all acknowledge themselves to 
be thane at thb n^urder ; theleast they say for 
themsdves, is, that they came to countenance a 
lichting- with Mr. Thynn, that is the least any 
of diem say; for captain Vratz makes tibis his 
«K08e, that he intended to kill him (as he calls 
^ fiurH-, andthe others were to stand by to let 
kflimHatheh«8tof it; so. that they aU came 



79] 



"f RIALS, 54 CHAttLfis n. iCSZ.'^IVial 0/ C&funt CatUngstiUtrk [80 



should be intioied to drink high, and that would 
veterd his cnre. And the Doctor tells you, he 
i^as ander his hands for core of his disease, 
'ivhich WB» somespots upon his body. 

Itis^aintoo ttiat count Coningsmark did 
gO' away the nett mornings after he had heard 
«fthe murder, he acknowledjfeth it himself ; 
toi* that he did conceal himsdf upon the water, 
and was taken in such a manner as the wit> 
tIMnes speak. But withal, he tells you the 
^ecasion of this was, a stranger here, captain 
Vrttattm he beard, was accus^ for the murder, 
widsozed, and he did not know what this migfht 
•ceasion to him ; how the common peonle 
taig^ Ml upon a stranger that was of that 
man's acqaaintance ; and it was through his 
Hear of the people Hest they should Ml upon 
him before heooulo vindicate himself) that he 
* Withdrew himself, and concealed himself in 
this manDer. As it was told you fo^ the counsel 
H; was an unreasonable fear in him, for there 
ii no such disorderly proceeding (we thank 
Sod) in^Bngland ; but he tells you he was 
alhud of it ;' and if he were, being a stranger, 
lie might not know our constitution so well. 

But f most tell ymi another thing for law, 
ffentlemen, which was urged by the counsel 
mt the Idng. Captain Vratz doth say, that he, 
knowing of an aflront that had been given to 
the count, and having received an affront him- 
telf, he did, without the count's knowledge, 
4o this murder, for revenge, upon Mr. Thy nn. 
It has been said by the counsel, it will be alt 
^ne whetiier it were with the knowledge of 
•aunt C^oningsmark, or not. Now, I mu«3t 
tall yon, gentlemen, the law is not so : for if 
4 gentleman has an atfront given him which he 
4tes aeem to resent, if any of his servants ofH- 
cioasly, without acquainting him with it, out 
ef ttM-muoh zeal, and too forward a respect to 
Aeir master's honour, will go and pistol and 
kHI kiffl ttiatthey ap|>rehend has affronted their 
Mailer, he notlaiowing of it, it will not charge 
Aeiv master with any guik at all. The law, 
fMitlemeii, is noTso aswusumd ; for ifit were 
1lMio«C ther eount's know)e<%e and direction, 
if a zealous captain has gone and over-shot 
kidH#tt^ out of respect to fats master's honour, 
fpHea- rMHyit wii;»a dishonour to himself, and 
IH'IImI were acquainted with it, this cannot 
Be mpmt him to make count Couingsmark 
fc iky. But it liesupon me 10 direct you, for 
sillarMap yon might swidlowit as a maxim, to 
toflll one m law, which it is not. 

So^Bt it win return to this, whether here 
Iferany proof that count Coninsfsmark did con- 
iMI»tb>thi8-niurderv or any ways* countenance 
the lulling of Mr. Thynn, or command any of 
Hmm persons' to 'do it. 

Ibea4iyoii| gentlemen, thef« are some sns- 
fMooa speeeh^that are mentioned' here of 
m coont's. One is, that the boy should say 
Act tiK ooont asked him whethtr men might 
Hie in Lond^m on Sundays? You hetfr what 
AMwer is given to that Hie count denifth 
>at he asked any such question : and to shew 
vd |iivveihat«uch« question ooidd not hkdy 

5 



be asked, be toys and proves, by /RverM per- 
sons, that it was an ordinary thing fM- binwdf 
to ride on Sundays in Hyde- Park, belbre this 
business long. 

It is also said, that when he was tadceo, he 
should say, that he did believe they intended 
the duke of Monmouth no hurt. Now that he 
said'these words he doth not here deny ; but 
he says he spoke it upon the common report, 
that these men had watched the coach till they 
saw his grace out of it, and then they do thn 
villainy ; so that he apprehended the^^ had no 
design to hurt the duke at all. This is tl!ie 
answer he gives ; how satisfkctory it is I 
leave it to you. 

Then as to those other words ; that it would 
reflect upon his family, and stain his b!ood ^ 
but he presently recollected himself, and said, 
one brave action in the wars, or lodging upon a 
counterscarp, would wash it ofp. Y^u heat 
what he says to that : he looked upon it as an 
injury to his family, and it woul'i ht* some 
stain to his blood, Uiat be should be accused 
of so base and unworthy an act ; but that ac- 
cusation he thought misfht be washed' off ; and 
so, though he were mnocent, it might be 
looked upon as a stain, wbidi a hi-ave beha^ 
viour in the wars would wipe off". 

Gentlemen, thus, as near as I ean, I' bare 
given you an account of the most materiid 
mings that are objected against him, and hik • 
answers to them. I must leave it to you, 
whether upon the evidence which you have 
heard, you do believe that this murder was di« 
rected or countenanced by count Coningtfmarte^ 
Ifit were, he then is Guilty as accessory be- 
fore, end you must find it ; but if you believe 
he did not know it till afler the murder was 
done^ then he is innocent; and -you must atN}uit 
him. And upon tlie whole, gentlfuien, I 
must leave it to you. 

[Then, it being late, after an officer was 
sworn to k^ the jury, the Court acyoumed 
for a while ; and in an half an hour returned ; 
and sent for the jury, who came in and answer- 
ing to their names, gave thib verdict.] 

CL of Cr. CSentlemen, are you afi agreed of 
your verdict ?— Ototnet. Vcs. 

CL of Cr. Who shall say for you ? 

Ofnnes, Foreman. 

CL qfCr, George Borosky, alias Bontzf, 
hold up thy hand. (Which he did.) Look 
u^on the prisoner: how say you? 1% he Guilty 
of the felony and morder whereof he standa 
indicted, or Not Guilty ? 

Foreman, Guilty. 

C/. of Cr. What goods and chattels, lands 
and tenements ? 

Foreman. Noneto onrknowledgeu 

CL ofCr. Christopher Vratz, hold un thy 
hand— Is he Guilty, ^c-^Bntman. Guilty. 

CL (fCr. What goods, &c. 

Foreman. None to our knowledge. 

CL ofCr. John Stem, hold up' thy band<-* 
Is he Guilty or, Scc.^ Foreman, Gttnty. 

CL of Gr» What goods, Sec. 



tl] STAT£ trials, 34 CHARLfes II. \6S2.'^nd others Jor Murder. * [Sr 



Arenran. None to our knowledge. 

CLofCr. CbarieB John Coningsmark, hold 
1^ thy hand, (Miich he did.) How say you, 
it be Guilty of the felony whereof be stands 
adicted m acoeasaryr before, or wit Guilty ? 

fbreman. NotGuihy. 

CoimtCoii. God bless the Idog and the ho- 
imnblebenc^. 

CL <f Cr. Then hearicen to your Terdiet as 
die Caurt-hath recorded it, you say that George 
BoHMky, 6cc. and so yon say all. 

Tben the jury was dismissed, and the Court 
oidered a recognizance to be taken from Uie 
count, with three sureties, to appear the next 
aesnons, and to answer any appeal if brought ; 
arfter which the judges went away, anu the 
Rconler, with the lord mayor and aldermen, 
Hayed to pronounce sentence on the convicted 
maJe&ctors. 

Cl.qfCr. Keeper, set George Borosky .to 
tiie bu-, hold np thy hand, (which he did.) 
Thoa standest oouncSed of murder, for killing 
niOBiaa Ttiynn, esq. what canst thou say for 
thyself why the Court should not give judg- 
■CBt upon diee to die according to law ? 

InlerprHer. He says, he prays God to have 
■wtcy upon him. 

C/. <^ Cr. Tie him up. Set Christopher 
Tnistothebar. 

Imterpreter, He says he hears lie is con- 
demned, bat he was nerer rightly examined, 
nor fiiirly tried.* 

C/. afCr. Set John Stem to the bar. 

Intervreter, He says he did it for the cap- 
tain's sake, he went as a second along with him. 

Then the prisoners being tied all up by the 
csDBCiitioiier, prodaroation was made for silence, 
dunng the pronouncing of the sentence. 

Mr. JRitcorder. You the prisoners at the bar, 
Geoige Boiosky, Cbristopoer Vratz, and John 
SleiB, yoa have been all mdicteii for the 
■nnderof a gentleman of great quality, Mr. 
Hi^ii ; a great, and heinous, and a crying 
erime, that crits aloud for vengeance : you 
hare been hroo^bt to your trial, and trieil in- 
^fferently by a lury not consisting only of the 
countrymen of the party slain, but compounded 
of Ibrogners and freeholders of the county 
too. These impartial men have found you 
Gotl^, and indeed the plainness of your guilt 
b such, that you yourselves have acknow- 
le(%ed yourselves Guilty. For when you were 
tfiprehended, your ffuilt did so stare in your 
BO», and yon could give so little an account 
bow you faiad bestow^ that time wherein he 
was mardered, that you were forced to confess 
your interest in the nict. 

It is omr duty to pronounce the sentence of 

* ^ This was because when the evidence for 
Aeldng was finished, he was never asked what 
he had to say for himself, which ought to have 
haeo done, as is usual in all cases, but is not un- 
fikdr the Court were apprehensive he mi^ht 
Hy tap giiih on tb^ Gowit" Fonn^ Edition. 

you «. 



the law against you upon this conviction ; but 
it is also our usage to open the nature of tho 
crime for which the convicted person is to suf- 
fer death, for the conviction of the offenders 
themselves. Now your crime is one of the , 
deepest die ; it is the wilful shedding of inno- • 
cent blood, to which you could be Fi^d by no- 
thing but what you are charged with in the 
indictment, the motion and seduction of the- 
devil. This crime of murder is put into the 
highest and foremost rank. When God him- 
seU* had given laws to the world under the old 
administration, after tlie coipmand of honour- 
ing father and mother, in the next place he 
forbids murtler. This crime you- have com- 
mitted, and that with the most aggravating 
circumstances tliat I have ever kno^i'n attend 
any crime of this nature. It was committed 
upon a gentleman of great quality, that was so 
far from giving you any provocation to it, that 
you acknowledge yourselves you nc^er had 
any communication with him. It was done 
upon a day when yon ought to have exercised 
and busied yourselves in acts of piety and reli- • 
gious worsdiip. It was done in the streets 
of the cit}-, near the king's royal palace. But 
the g^reatest cu'cunistance of all, is the doing 
of it in such a manner, that is, it was done by 
way-laying ; a sort of killing the most unwor- 
thy, the most base, and the most ungenerous 
of all other. For that it gives the party as- 
saulted no liberty for any prevention, or any 
defence by any prudence he can use ; and the 
consequence of it is, as nmch as lies in the 
malefactor, to destroy as well the soul as the 
body ; by sutji an insidious murder,, to take a 
man out of tliis life, before he can have any op- « 
portunity to prepare for anotlier life. There- 
fore in our public solemn prayei*s in our church 
it has very justly and worthily been made part 
of our liturgy', to pray to be delivered from 
murder and sudden death. 

You that are strangers in this country, if 
you had been tried and convicted of a breach 
of our municipal laws, the pecifliar laws of this 
kingdom, much indulgence mi^ht be shewn ts 
you because of your little acquaintance with 'the 
Jaw. But that is not your case: Your offence 
is a transgression against the law of God, writ- 
ten in large characters in the nature of man. 
It is against the laws of all nations, even yonr 
own country from whence you come, and any 
other countiy wherever you could ^, are 
severe in then* laws against that by which you 
have broken the law in so foul a fact. The 
very barbarians could say, This man is a mur- 
therer, and divine vengeance will not suffer 
hun to live ; so that they all think the divine 
vengi^nce concerned to revenge it. 

You hare slain this innocent gentleman, 
which is but a smgle distemper as it conceitia 
him, but if it should go impunished, it would 
turn to a pestilentialeontagion . If such assas- 
sinations and murders of persons should not be 
severely punished, it were a greater woe than 
ever was brought UM&this kingrdom. There- 
fore it is thought & by his saajesty, to makt 

G 



fej] 8TATC TllIALS, 54 Charles II. \6^2.^Trial of Count Qfiting$mark [8i 



Itis justice signal and exemplary upon those 
that have thus basely and inhumanly brou^e^ht 
themselves under the censure of it. That when 
the fame of this barbarous action shall go 
abroad, his justice shall also be celebrated upon 
the actors, and that this kingdom is maintained 
by justice. 
' I have but one thing more to say to you, 
and that is in tenderness to you yourselves. 
You are to consider that you are to receive 
another judgment than that you will be con- 
demned by uere, and that you may be pre- 
pared for that is your great and your only 
care. Now it is repentance that is the only 
antidote against the sting of death. Yon can- 
not be fbuiid innocent, yourselves acknowledge 
your guilt ; then let it be yotir care to be found 
penitent. For that purpose you shall have the 
assistance of some of our learned divines here, 
and you will do well to hearken to their good 
counsels. I pray God you may submit to jus- 
tice patiently, and that your contrition may be 
correspondent to your crime, and so you may 
obtain pardon and everlasting favour from God. 

It remains only that we pass the sentence of 
the law against you, which is thb: 

" That you snail go firom hence to the place 
from whence you came, from thence to the 
place of execution, where you 6haU be several- 
ly hanged by the neck until you be dead : And 
the Lord have mercy upon your souls." 

Then the prisdners were carried away, and 
the court adjourned. 



On the 10th of March following they were 
all three executed, according to the Sentence, 
in Palhnall, in the same place vthfire tbey had 
committed the murder. Stem and Bcirasky 
left each of them a paper signed with their own 
hands. Capt. Vratz would make no Confession, 
but persisted in denying what the others had 
owned ; never man died with more resolntion, 
and less siens (^fear or disorder ; his carnage 
in the cart Doth as h^e was led along, and at 
the place of execution, was aatonisnHig; hm 
was not only undaunted, -but looked cheerfnl, 
and smiled often : When the rope was put 
about bis neek he did not change colour, nor 
tremble, bis legs were firm under him ; he 
looked often af^ut on those who stood in bal- 
conies, or at the windows, and seemed to fix 
his eyes on some particular persons ; three or 
four times he smiled ; he would not cover lii^ 
face as the rest did, but continued in an un- 
dauited manner, looking up to .heav6n with a 
cheerfulness in his countenance, and a Utde 
motion of his hands. Being ^ked, if he hod 
any thing to say to the people, he said no. 
When they had stood aboal:^ a quarter of an 
hour under the gibbet, after, they had heed tied 
up, they were f^ed, when they would giv* 
the signal for being turned off ; they answered 
they wei:e ready ; so a little, while after 1h« 
cart was driven away ; and thus they ended 
their lives. Captain Vratz was permitted to 
he buried, but Stera and Boroaky w«re hanged 
in chains. 



The Last Confession, Prayers, and Meditations of Lieutenant Johk 
Stern, delivered by him on the Cart immediately before his 
Execution, to Dr, Burnet. Together with the Last Confession 
of Geouge Boroskt, signed by him in the Prison, and sealed 
up in the Lieutenant's Packet. With which ah Account is 
given of their Deportment both in the Prison and at the place 
of their Execution, which was in Pali-Mall, on the 10th of 
March, in the same place in which they had murdered Thomas 
Thynn, esq. the 1 2th of February before, 1682. Written by 
Gilbert Burnet, D. D. and Anthony Horneck, D. D. 

An AccouKT of the Deportment of Captain 
Vratz, Lieutenant Stern, and Geoegb 
BoRosKT, the Murderers of Tho, Thynn^ 
esq. both in the Prison^ and at their jEse- 
culion, 

FOUR days after the barbarous murder of 
Mr. Thynn, which filled all people's minds 
with a jnst horror at so rile and inhuman a 
fact, I was desired to go and yisit the prisoners. 
I carried Dr. Horneck with me, because I 
heard that Borosky the Polonian spake no 
other lan^age but Polish and High Dutch. 
We waited on the captain, but he was unwilling 
to enter into much discourse with us ; and ad- 



cooncil, that he only intended to fight irith 
Mr. Thynn, and that the Polonian had mistook 
his orders when he shot him. The lieutenant 
said at first nothing, but that he was in tht 
companjr of those that committed the fikct» 
without intention to murder any ; and if for 
that he should be condemned to die, then said 
he, « Fiat voluntas tua,' Thy will be done. 
The Pokmian was free and ingenuous in bii 
confesaon, and expressed great sorrow for 
what he had done. But within a few days I 
went again and found the lieuteiiant wonder- 
fully touched. He teld me that the morning 
after he was first taken, he awakened fall oi 
horror for what he had done, and the first 



hered o what be had confesMd befi>re the [ thing that came in hit mind was the 0th rerse 



kS) STATE TRIALS* 9i Charlbs II. le^i^j^-^gmd aUur$Jar Murier, [S$ 

tiP9, xzzii. *' Be ye Dot as the horse and tiie J of bis hearts To this ha added a short accouu^ 
mule which have no anderstandhig', whoae of his life, and a confession of the crime i'ot 
mouth must be held in witli bit and bridle." vrbich he i?as to suffer. • 
lliis he applied to the irons in which he was» He oflen wished that from bim, all that stood 
md then D^an to reflect what a beast he had might take heed lest they fell, for once Ii# 
been, and tluit it was fit he should be shut up thought himself as little capable of committiug' 
in a prison, and fettered as he then was ; upon | such a crime, which should bring him to such 
that ne looked back with horror on what he , an end, as any man was. He was the son by 
bad done, and began to cry earnestly to God the lefl hand of a baron of Sweden, who was 
for mercy. made a count before he died ; but he did not 

He continaed some days in doubt whether carry his name, because he was not legitimate ^ 
be oug^t to confess or not, and was in that and he would not have his father's name to he 
^"jdety when I saw him first, which made him ' published, because he was now such a reproach 

I to it : He applied himself to the war, but in alj 
these 23 years in which he had been tiavelling 
up and down the world, he had led a much 



lay nothing at that time ; but he said after- 
wards he round such inward compunction in 
bts mind, that he wished to die j he grew 
weary of life, and hated himself so much that 
he was glad to do every thing that was lawful, 
which might be a means to bring: him to be a 
public example, and to suffer in this world for 
bis sin. Upon that he made his confession 
to the justices of peaqe, and found hunself 
mnch at ease when that was done. He turned 
himself ailer that wholly to God, and found 
that then he was entirely out of die snares uf 
Satan, and the hold which, the Devil had of 
him. AH the rest of the time of his imprison- 
ment, except a few hours of sleep, towards the 
mornings, ne spent in reading the Bible, and 
some odier good books, particularly Dilheren's 
Way to Happiness, in High Dutch, which he 
valn«l highly, and Tliomas a Kempis's book 
of tbe Imitation of Christ, and some other 
books of devotion. He thought it was also fit 
for him to leave in writing a warning behind 
him to others to learn by his example. He 
was not bred to letters, ana so he said he knew 
what he should write, would appear simple to 
those diaft delighted in learning, or polite Ian- 
eoage j but he said he would write from his 
heart, and prayed Goi it might have a good 
tSeet on others^ He had travelled np and 
dawn Europe 23 years, being then in the 42nd 
year of bis aspe, and he hwi observed many 
tfaiogs though be had no literature ; so he said 
he woiild leave an exhortation to all sorts of 
people with whom he had conversed, and tonch 
those sins which he himself had known many 
of diem ffuilty of; and he said that if his writ- 
ing shoi& become public in Germany, or in 
other places where he had been, iie was con- 
fideat that many might read it, who would 
know for what reason be had writ maigr pas- 
sages in it, and might perhaps be moved to re- 
flect on those sins of which they knew them- 
setves guilty, and would understand his mean- 
ing better dban any others could. When he 
hu writ it, he gave it to me four days befofe 
his exeentioD : he had dashed and cnanged it 
ia many passagto, which he said he ipi-rit at 



more innocent life than might be guessed from 
such a conclusion of it. He had early a scusff 
of the fear of God before he came abroad intp 
the world, which never \eii him quite till a few 
days before this &ct ; but was always such i| 
curb on him, that he never fell into tliose sins 
that are too common among those that follow 
the war. He was so litde guilty of plunder or 
oppression in his quarters, that ne said he was 
sure less than 20 crowns wpuld pay all that- 
had been ever taken by him. He was nevcu 
guilty of any act either of cruelty or treachery, 
of rapes or blasphemies, was never false at 
play, had not the custom of swearing, nor did 
ne fail daily to pray to God. He had always 
a compassionate nature : He was not a little 
lifted up widi the courage that he had shewed 
on many occasions, and had been very sensible 




perfecdy satisfied in his own mind with that 
religion, and detested the idolatry that he saw 
in it. But he was much corrupted with that 
principle which is too common in the wprld, 
that it a man was honest, and good, he might 
be saved in any religion : and that it was tit to 
be of the religion of die country where on« 
lived : Yet he said he could never look on po<« 
pery but as a contrivance of priests for govern- 
mg the world. About a year ago he cnanged 
his religion and retarned to be or the Ausbai^ 
Ck>nfession. Last summer he came to Eng- 
land, beioff then out of employment, and in* 
tended to nave got into the Guards ; he grew 
acquunted with (or found) captain Vrats here, 
for I do not asmember well whether he knew 
hint first here or not. 

For the particulars of his confession I refer 
the reader to his own paper, only one passage 
which he has not mentioned will shew cleaiTy 
the temper of his mind, when he writ it : He 
told me that aflcr the captain and he bad talked 
of smidry poignards for giving Mr. I'li^nu th^ 



fint, woen there was yet too much of the spirit fatal stroke, the captain spake to him one day 
of the world in him, but he had reviewed it, of a musqnetoon, and told him fiiey were now 
and had corrected it in the best manner he I resolved to do it by that : he answered, that he 
coakL He said be had never writ so much in thought that was by no means a proper mstiu- 
bk whole life, and so he did not doubt, but mentforit, since it would be seen in a man'^ * 
there would appesn: great weakness in some hand before it could be discliar^d, and so they 
futtditfbvA hehttawrititiattieiiBaplicity , might be catchcd, before ih« buaiiuess should 

I 



87] STATE TRIALS, 34 Charles II. 1 6%^^Trial of Comi Con{ug$mark [Ǥ 



be done, therefore he thought a pistol was 
much better : but the captain answered, Tliat 
the couQt*s council were of another mind ; and 
"when tlic lieutenant nskcd who they were, he 
named three outlandish men. But three or 
four days after tiiat he told me, That though 
that passasfo'was Tei-y true, yet he did not know 
but the captain mig^ht only name those persons 
to amuse him, and he di'd not believe it was 
tru<5 of one of the three ; and if it was not 
trneof liim, then there was reason to doubt if 
what he said of the other two was true : snd 
therefore since it mt^ht have been said only to 
decdve him, and since his namiriff them would 
cast a slur upon them, he thought he ougfht to 
be so tender of their rskjmtation as not to pub- 
lish their names. This will shew both the 
strictness of his conscience, and the soundness 
of bis judgment: and that he would not say a 
thinfr though it was true, in so, far as he said 
it, unless he had believed it was true in itself. 

He told me that for some weeks before the 
fact was done, he fell under a darkness and 
stupor in his mind, which he could compare 
to nothing but the sense a man has when he is 
half asleep : He flintinned to say his prayers, 
but it was only as a child repeats a lesson by 
rote, for he had no sense of God all that while ; 
and he lamented much that he had not read 
any^hiTg in that book of Dilherens, written 
much like our Practice of Pietj% which he*had 
ijarried about with him two or three years. 

He »wa8 so little aWe to judge of things 
aright, that he thought hewould be free of the 
crime, if he did it not with his own hand ; and 
because he abliorred the acting it himself, he 
fancied he would not be guilty, if he only went 
in the company of ih^ tfiat were to do it 
When the fatal day came in which it was 
done, he said, though he was not drunk, yet 
he was like one drnnk, for he was almost 
fltupid : it was on a Lord^sday, which he had 
much and ofleii prophaned, ^pd on that day in 
narticalar, he had not worshipped God neither 
in public or private. The captain desired him 
to go with him and fight with Mr. Tliynn. (I 
think it was near six o'clock at night,' but am 
not sure as to the hour). He confessed he be- 
lieved it was designed to act what followed, 
for he saw the rousquetoon in the hand of the 
Pohmder, and he remembered well the use for 
which it was bousrht, but he still resolved that 
he would do nothmg, but fight, if there should 
be occasion for it. He bad delighted much in 
horses, and bad a great opinion, that there was 
some sagaoity in tiiem ; so the dulness of bis 
horse in following Mr. Thynn's chariot all 
along Pall-mall, made some impressians on 
bim: ibr thoui^'h he used the spur pretty 
mnartly, yet hecoutd not get him to follow close. 
That and a disorder inliis own mind made 
that he was almost twenty paces behinil when 
the fire was given, nhicn had that deplorabh^ 
, eflect on that unfortunate gentleman ■ Tie told 
me even that did n<»» av akcn him, but his sh'p' r 
continued so, that some little time past \t^ii*re 
be offered to fiy avray; and tJicn his hone 



without the spur, was quidc oioagh. H« 
was not after that affect^ i^ith it, hot spcBt 
that ni^^ht almost as ill as he had \lone the day ; 
nor was he recovered of that stupidity till m 
second day of his imprisonment. 

He said he would have writ nothing con- 
cerning the fact, if his whole confession had 
been road at his trial ; but that not being done, 
he thought it tit for him to leave it behind him 
to the world, that the whole truth of that mat- 
ter nnght appear : but he professed of\en, ^at 
he did it not out of any resentment to any per- 
son whatsoever ; and though he looked on the 
captain as the fa^ instrament that had drawn 
him into this sin, and this misery that follow- 
ed it, yet he ceased not every day to pray for 
him : when sentence was pnmounced, the cap- 
tain reproached him, and called him with some 
acorn a niurderer : Il6 said, that touchefl him 
very sensibly to see bim that was the caose of 
his ruin insult over bim ; Yet he oflen asked 
news of him, whetl)er he was touched with a 
sense of his sin or not ? anil when be under- 
stood that he continued still to deny aU, but 
only an intention to fight witU Mr. Thynn, he 
desired ^hat he might l>e suffered to go to bim 
and spcsk with bim ; for he said, though others 
might speak much better, yet he hoped be 
might say somewhat that would be more ef- 
fectual : So on Wednesday the 8th of March, 
he was carried to him ; I warned him before 
hand, that the captain would perhaps use bim 
rougfhiy, for he was often uporaiding bim for 
his ingratitude, and for having accused him 
falsely : But he answered me, that he went to 
see if he could be a means to do him any good, 
and not to dispute a matter of fact with him, 
which he knew in hb conscience was true : 
and if he saw there was no appearance of 
doing any good to bim, lie would soon leave 
bim. In his way to him he was to go up some 
stairs and pass through the chapel, and then to 
go down ; so he told me he was going up to 
the house of God, but be should go higher 
within two days, to a house not made with 
hands. Dr. Homeck was then with the cap- 
tain, and prepared him for his coining. There 
was no other witness of what passed between 
them in that short interview but be only. He 
told me afterwards, that the lieutenant spake 
to the caotain with g^reat hnmility, be toM him, 
he heartily forgave him all the injury he bad 
done him, by drawing him into this business, 
be knew he had said nothing but the truth, he 
exhorted him to repent, that so he might find 
mercy at God's hands. But the captain fell in 
some passion, and said, he lied, and gave him 
other reproachful words ; upon which he left 
him. When he came back to his chamber, 
he told him how sorry be was to see ^ oap- 
tain in such a condition ; but he said, though 
at another time he could not have endured sodi 
reproaches from the greatest man in the world, 
yet he felt no resentment in his mind at what 
he had said to himself, and added, thai by bear- 
ing this in such a manner, be hoped he bad 
got two ateps higher in his way to Heaven. 



19] StATS TBIMLS, S4 CHAttW II. l682.— Airf o«ier«>/M^ Mmtden [90 

Wben I repKed tfntit w«8 a good rign, that be 
bdlewnedtobelike his Saviour, who when 
ke was reviled, reiiled not affain : he said, 
Ah ! Sneh a miserable criminaras I am, must 
sot be m anythiiig compared to mr blessed 
Redeemer. He desired that the Poloman mi^t 
Wsuffered to stay aOthe day long in bis cham- 
kr, for he foond he had a mind well disposed, 
but was tgnoraiit. 80 he took great pains to 
ostruct him : They were together the last 
lisfbt of their liie, in which as the one slept the 
•ther watched and prayed ; for the heotenant 
laid to me he tbonght it was not fit that both 
fbmild be together asleep that niglit; but that 
aUnight long either the one or the other of them 
flhould be eonslaatiy calling npon Qod. He 
expressed not the least desire of living any 
ioDger : He never once aske:! me if I thouglit 
a pardon might be obtained : On the contrary 
he said, he deserved to die, and desired ' it as 
lantkk as he had deserved it. He only wished 
that if it could be obtained, his. head might be 
cot off; but he easily acquiesced, when 1 told 
him that was not to be expected. He often 
blessed God for brincriii^ him to a prison, and 
thai he bad not made his escape to have led a 
wicked life any longer. After he had been 
under great horror for almost a week, he found 
great quiet come instead of it, chiefly after he 
had disburthened his conscience by a sincere 
eoofession ; at last it grew upon him to a joy 
in God, and at the approaches of death, • 

The nijrht before he suffered, be told me he 
was languishing through desire to die ; he was 
now so settled in his assurance of God's good- 
tteastohim, that he was longing to be with 
him ; he considered that night ns the eve of 
his wedding, and theivfore it would seem tedi- 
eustohim. A little while after, he said, to- 
morrow is the H»t battle 1 shall fight, my ene- 
my sliall gain the camp, the tent, I dwell in, 
hk I shall by the gra«e of God win the day. 
And when he spdce of that at another time, 
he looked up to God, and said, I go to fight 
with thy weapons, and thy armour, and when 
i have overcome I will come and offer them 
4ip to thee.' He had that day received the sa- 
crament with great devotion, and said, Now I 
have got my pass-port, and I long to be gone. 
He was mnch rejoiced to hear that night that 
the captain was m a befter temper than he had 
been m formerly ; fbr the minister of the 
Amborg confession in London, told him in my 
hearing that the captain had confessed that he 
had drawn them into this snare, and had en- 
gaged them in this murder. The captain also 
seat a kind message to him, and gave orders 
fe every thing that concerned his bmial ; 
mm which he sent aretum to him foil of great 
anfiMtion. Hiis made him change a resolution 
he once had, of speaking somewhat concern- 
mg the morder at nis execution. He said there 
wasnodiiBg' naaterial m his last oonfiession that 
WIS not in his first, taken hy the justices oi 
feaee, so there wn? no need of making any 
other pabhc declaratio& $ and he thought if he 



tain, it would perhaps put bun in some diitorder^ 
and he would not* venture the being discom- 
posed in the last moment of his hie ; therefbra 
he resolved to seal up all, and give it to me at 
Uie place of execution. He had shewed it 
four days before to one Blr. £Mart, a German,, 
of Covent garden, and had ordered me to let 
him copy it. He had likewise shewed it to Dr. 
Honieck, and it was almost all copied out be- 
fore he died. 

In this temper I left him atnight, bnt found 
him much better on the morning of his execu- 
tion. He had slept three hpurs, and was then 
weO in his heart and health, for the night be- 
fore he was very faint. He told rrte now he was 
full of joy, he was going to exchange a prison 
fbr a palace ; A prison iliat h<u$ beeu to me bet- 
ter than any palace, fo^ heie God has touched 
me, he hfc» drawn me, he lifis quickened me ; 
and now, O God, I come to thee, to live with 
thee for ever. He bn>ke oficu out in great 
transports of joy, he said this that follows sa 
often both in Fr»*o«.!h and Dutch, that I couid 
notbut remember it well : O my God, my good 
, God, my infinitely good Grod, how do I love 
thee! 1 bless thee, 1 will bless thee as long aa 
1 hve, yea, Lord, 1 shall sing of thy praises for 
ever : for thou hast blessed me wonderfully : 
thou bast put many good inclinations in me: 
thou hast oflen toucn^ my heart with the mo- 
tions of ihy holy spirit ; but above all thy bless- 
ings, for this I will bless thee, that when I had 
forsaken thee, and was at the gates of hell, that 
thou hast brought me from thence, and hast 
now brought me even to the gates of heaven. 
Open them, O Lord, and I will entei- m, and 
praise thy name fbr ever I bless thee that 
thou hast chastised me with thy rod, bat thy 
rod is a rod of mercy ; and now thou hast 
done so much for me, O give me a greater 
sense of thy love, that I may pnaise thee with 
my whole soul, and from the very bottom of 
my heart. 

This he repeated often in such a manner that 
he seemed as one ravished for joy. He wept, 
but he told me these were not tears of sorrow, 
but flowed from the abundance^ of his joy. 
He and the Polonian sung the 51st Pnlm m 
High Dutch, three several times ; and I saw 
him particularly touched, when he sung those 
words, ^< Deliver me from blood guiltiness,' O 
God, thou God of my ^Ivation.'* He spent 
the rest of the time in prayers and ejaculations. 
A geotleman came in and asked how he did ? 
he answered him. He thanked God, we0, his 
friend had sent to call him to come to dine 
with him, and he was ready to go. And when 
it vras told him he was now to fight his last 
battle, he answered. The battle was already 
fhught, there was but one shodc behind, and he 
was sure he should overcome. His heart was 
so full of the sense of the goodness of God, 
that he could now complain of nothing, or de- 
sire nothing but that he might be aUe to re^ 
jikice more pcrfeiefly in God and to praise him 
more. Helon^ much fbr the officers that 



ttidairythiB^ that BVgfat reflect on the cap- shonld carry hin away, and looked irifh great 



$1 ] STATE TRIALS, U Cu aalbs II. i6t^^Trial ^ Ccmii CMpti^f m«riEr [93 



cheerfulness at me when he saw them oonae to 
lead him out. When his irons were taken off, 
be told me, scune of his fetters were taken from 
him, but be had others yet about him that 
should be likewise taken on very speedily, but 
I have chains upon my soul which shall draw 
me up to heaven. He told me that he intended 
to msike a short exhortation in the cart, chiefly to 
bare warned the people not to cast off the sense 
of God, and particularly that as they did their 
own business all the week, that Ihey would do 
God's work on the Lord's-day : and learn from 
him what the ill effects of profaning that day 
were. He ^as likewise to have exhorted them 
not to think there was any wickedness so great, 
but if they did cast off God, and were forsaken 
of him they might fall into it. lie had been 
once in a good way, but had left it, and they 
aaw the ettects of tiiat ; y( t God hai mercifully 
bi'ought him back to it, and tlicrcfore he in- 
tended to pray them to fear God, and keep his 
commaqdments, and it would be well with tnem. 
This was the substance of that which he had 
piurposed to say ; but when he came to the 

{dace, the noise was so great there, that he ^d 
te would speak nothing, but left it to me to 
publish. what I knew he had intended to say ; 
and so he continued in his devotions, reading 
some prayers and hymns out of Dilheren's 
Book; and in several passacfes as he read 
them, I perceived great joy m his looks; he 
told me his mind continued firm and settled in 
his joy in God ; and so he went on a while 
readme^, at last he threw his book to me, and 
wished me to give it to some goodsoul. He 
said a few words to the captain in High Dutch, 
which I did hot quite understand, but by his 
manner I jud&^ed it was a declaring that he for- 
gave him, anddiedin charity with him, to which 
the captain made a short answer that seemed to 
me a return of his kindness. But the croud ^as 
such that the Geiman minister could not pos- 
sibly come to the place, so this was lost. 

And this is all the account I can give of 
lieutenant Stem ; it is the substance ofmany 
and long conversatioiis I had wfth him ; French 
was the language in which we discoursed, and 
he expressed himself very well in it.^ 

I cannot give so long an accouut of Borosky 
the Polander, for all my discourse wiUi him was 
by an interpreter, and the lieutenant did fer most 
part interpret between us. I tbund that the 
course 01 his life had been very honest and 
innocent; a^d that before he committed this 
barbarous act, he had not been guilty of any 
enormous crime in his whole me: and ^at 
particularly the last year of it, he had a greater 
sense of the £ear of , God than formerly, so that 
lie had reformed his life to such a dagvee, that 
he had not been guilty of one act either of 
drunkemiess or undeanness, of swearing or 
King, and that he had constantly piayed .to 
God. He said, That when count Conings- 
mark made that proposition to him, which he 
told me much more largely than I find it is in 
bis confesbioD, be was troubled at it^ apd went 
iaito another D»m an4 ImeeM down and said 



the Lord's Prayer; but concluded thatsinot 
his mind was not fortified against it, that God 
had appointed that he should do it. He said 
in his country they were bred up in such as 
opinion of their dnty to their masters, and of 
their obligation to maintain their hoiioar, that 
he believmg the relation the count made ni the 
English gentleman (for Mr. Thynn was not 
named to him) having intended to murder himi 
and having set six assassinates on him, thought 
himself in some sort absolved, if hesnould re- 
venge such an attempt. He was also deluded 
by what the captain told him, that if they 
happened to be taken, he only and not the 
Polander would suffer for it ; so that he |vas 
easily wrought on to do it. He was not spoke 
to by the count till one o^clook on Sunday, but 
whether in the iboniing or a^moon I do not 
know, and it was acted that same evening, so 
that he was never alone, nor had he any oppor* 
tunity of recollecting himself, but was hurried 
into it blindly. 

He told n^ one passage that beiel him afler 
his imprisonment, which ne firmly believed was 
real, and not theefiect of a disturbed fancy : He 
said, being shut up in his cTiamber a day or 
two after hid imprisonment, he tliought in the 
night being fully awake, that one opened the 
door, which he fancied was his keeper coming 
to him ; but when he looked at it, it was a 
woman who had appeared sometimes to him 
befor^ in Germany, upon some extraordinary oc- 
casions ; she looked on him, but spake notning 
to him ; and vanished, He verily believed this 
was sent firom God to him, to touch his heart ; 
and whether it was real or only imagined, it 
had certainly a very good effect on him : For 
firom that time he was wonderfully changed. ^ 

He said he continued about four days as hi 
hell, by the rack that he felt in his conscience^ 
but afler that he came to have great ouict and 
assurance of God's mercy. He hau no fear 
of death, but every time I asked him concern- 
ing it, he said he was re^y for it, and longed 
for it more than ever he did for any thing in bis 
life: he assured me he had from bis heart 
foigiven both the count and the oaptain, and 
that he prayed earnestly for them. 

The lieutenant often told me, That he had 
an excellent soul, and that though he had not 
much knowledge, yet be himself learned much 
fi-om him ; for lie bad the simplicity of a littlo 
child in him ; and a love to God, and to his 
Saviour that passed ail knowledge : so that h/9 
spent almost his whole time in praying and 
praisuig God: he went out of the chamber 
wheu he was called on by the officers to bis 
execution, with great cheOTulness ; and by bit 
looks and carnage in the cast expressed a great 
sense of his condition : He seemod to have no 
sort of fear in him, nor did be in the ieairt 
change colour, or was heat all terrified. 

In the last place, I must say sotuewbat sf 
captain Yratz, which. I dp unwillingiy, ber 
cause some passages ace not such as I can re- 
flect ou with aay great satisfaction. It is ocT'* 
tain that nevet man died withi more resolntte 



m 

93] STATE TRIAL6/94 Chablbs n. ieo.'^-md oiher$y/ar Muriir. [94 



and leas i^^8 of fSear, or the least disorder. 
Em earrisge in the cart both as he was led 
akng, and at the phiee of execution was 
asts&lHii^, he was not 6tk\y ondaonted, but 
Isoked cfaeerfnl, and smiled often ; When the 
rope was pot about his neck, he did not change 
colsur nor tremble, his le«s were firm under 
him : he lo^^ced often about on those that 
slood m balconies and windows, and seemed to 
fix his eyes on some persons; three or four 
times he smiled ; he would not corer his fiice 
as the rest did, hot continued in that state, often 
Iwddn^r up to Heaven, with a cheerfulness in 
hit couDtenance; and a little motion of his 
hands. I saw him sereral times in the prison ; 
be still stood to the coniteion he made to the 
council till the last day of his life: He often 
said to me be wouM never say any thing but 
what he had said at first. 

When 1 was with him on Sunday before his 
deodl, he still denied all that the lieutenant and 
d» Polonian had said, and spake sererely of 
them, chiefly of the lieutenant, as if he nad 
confessed those things which he then called 
lies, tn hopes of saving his own Hie by it, or in 
to him that he might not he pardoned: 



and all I could say could not change his mind 
in that. I told hmi it was in vain for him t6 
dream of a pardon, for I assured him if any 
kept him up with the hopes of it, they deceived 
hira. He had two opinions that were as I 
thought hurtful to him; the one was, That it 
was enough if he confessed his sin to God, and 
that he was not bound tb make any other con • 
ftasioD ; and he thought it was a piece of po- 
pery toprsss him to confess. He had another 
oddopimoB also of the next state : he thought 
the damned were only excluded from the pre- 
sence of €fod, and c^ndured no other misery, 
but that -of seeing odiers happier than them- 
irives : and was unwillin|^ to let me enter into 
much discoarse with him for undeceiving him : 
He said it was his own aflfair, and he desured to 
be left to himself; but he snake with great as^ 
of Ciod's mercy to hink. 
I left him when I saw that nothing I could 
?had any good effect on him, and resolved 
talttve gone no more to hira ; but when J un- 
denfeood by the German minister, and by the 
meaBas:e which I heard defiv^ed in his name 
to the lieutenant smd the Polander, the ni^ht 
before his execution^ that he ^vas in anotner 
temper than when I saw him last, I wetft to 
him ; he recdved me more kindly than for- 
merly : mnat of his discourse was concerning 
hb going to' the place of execution, desiring 
that it might be in a coach and not in a cart : 
and when I prayed him to think of that which 
eoaoemed him more, he spake with great as- 
fonmce that it was already done, that lie knew 
€od had forgiven him ; and when I wished 
him to see that he mic;ht not deceive himself, 
nd that his hope might not be 01-grounded, 
be taid it was not hope but certainty, for he 
tras^suro God was reconciled to him through 
Clinst When I spake to hhn of confessino^ 
^ in, he said he had written it, and it ivould 



» be published to all Europe, but he did n0t say 
a word concerning it to me ; so I left him, and 
saw htm no more till I met him at the place of 
execution : When he saw me, be smiled on 
me, ahd whereas I had sometimes warned hiiii 
of the danger of affecting to be a coftnterfeit 
bravo, (jiux brave) he said to me before I 
spake to him, That I should see it was not a 
false bmrery, but that h^ was fearless to tha 
last. I wished him to confiidcr well upon what 
he grounded his coniidenoe: he said, -he waA 
sure he was now to be received into Heaven i 
and that his sins were forgiven him. I asked 
him if he had any thin^ to say tp the people, 
he said no. Af^er he had winspeted a short 
word to a centleman, he was wdling the ropi 
should be tied to the gibbeti He called for the 
German minister, hot the troud was such that 
it was not possiMe for' hiift to come near. 80 
he desired me to pray with him in French, but 
1 told him I could not venture to pray in thai 
language, but since he understood EfngUsh, I 
would pray in English. I observed he b^d 
some touches in bis mind, when I offered up 
that petition, that ftyr the safee> of the blood of 
Christ, the innocent blood shed in that plact 
might be forgiven $ and that the cry ot th6» 
one fbr mercy might prevail over the cry of 
the other for justice : at these Words he lookedi 
up to Heaven with the greatest sense that 1 
had at any time observ^ in him. After I 
prayed, he said nothing, but that he was now 
going to be happy with God, so I left him. 
He continued in his undaunted manner, look- 
ing up oftai to Heaven, and sometimes round 
about him tn the spectators: after they had 
stood about a quarter of an hour under the gib- 
bet, they were asked when they would give 
the signal for their being turned off, they an- 
swerer that they were ready, and that the cart 
migfht be driven avray when it pleased tha 
sheriff to order it ; so a tittle while after it 
was driven away, and thiis they all ended 
their lives. It is possible that conversing in 
Fnench, as we did, some small mistakes mT^ 
have been made, either by them in expressmg 
themselves, or by me in not understanding 
them right : but 1 am sure they could not m 
material; for I took care to mnle them repeat 
what fhey said that was of any importance 
often, and in different words ; so that any er-* 
rors that may have been committed are incon- 
sidl^rable. G. BuiInet, 

March 11, 1682. 



Dr. Hobneck's Account of tpbat himtelf oh^ 
served in the carriage of tke late Fri» 
umeru 

THE Lieutenant and Polonian, the authors of 
the following papers, having acquainted ma 
•with their intent to have them published to tha 
! world, to testify the sincerity of their repent- 
ance : I was vety vrilling, at the desire of Dr. 
Burnet, with whom they intnufted them, to 
be instrumental m the translation, and to taka 
this opportunity to give my aentunent of 



95] STATE TRIALS, 54 Charles 11. i6d2.— 7Ks/ oj Obtml C^rngmatk [90 

readier to confess his §^1, than 1 to exhort 
bim to a free confession ; several things he bad 
said to Dr. Bum^ be ex|Hre»ed now to me^ 
Adding that it was Clod's just jadraient upon 
bim to let him fall thns : for when ne consented 
to engage with the captain in the fatal enter- 
prisBe, he had not said hb prayers, nor read in 
bis beloyed book^ ' Dilheren's Way to Eternal 
Happineas,* in a month before; which two 
things if he had oontinned to do with that de- 
motion he used formerly, the Devil could not* 
and should not have persuaded him td com* 
into such a desperate confederacy. I advised 
him to repeat Psalm 51, oflen, as heinff moat 
suitable to his condition ; and directed him to 
other prayers in a book, which the Lutheran 
minister nad lent bim. He now told me how 
he was concerned for the captain, and cried 
out, Ob ! this hard-hearted captain, I pray for 
him day and nig[ht, that God would turn his 
heart and mdt him, and make him sensible of 
the errors of his ways. He pntfessed that ho 
did not desire to live ; all the favour he begged 
of the king, was, that he would cause him to- 
be beheadra, for the reasons mentiotied in the 
preceding papers. Yet he hoped his fall was 
permitted by Almighty God, to bring him to a 
true sense not only of this, but of all hia other 
sms ; and that God suffered him thus to be 
thrown down, that through ^at toss he might 
rebound the higher. And that though he had 
walked in the dark, yet he doubted not but 
God would draw light from that darkness. Ho 
protested at that time upon my expoetulations 
with him, that it was not apmoa^ing death, 
and the punishment that was luLe to attend him 
in this world that moved him to repentancCt 
but the blackness of the crime, and his of- 
fending a gracious God, and fi^rgetting hia 
dear Redeemer's precepts. And here he broke 
fordi into holy ejaculations fit for a Christian 
and a true penitent. And when among other 
passages I minded bim, that it would not bo 
lon^ before he would come to his trial, and so 
to bis execution : He cheerfully replied, That 
he was ready to obey God's summons. And 
whereas I told him it would be within a few 



behaviour of the respective prisoners. The 
first time the doctor and mvself went to visit 
them, we saw no sense of tne crime in any of 
them, but the Polonian, who professed his sor- 
row, and gave me a large account of bis con- 
dition, and how he came to be drawn into the 
barbarous murder, by the captain : adding, 4<^t 
whatever the captam might say in his own 
vhidication, that it was mrougfa his servants 
mistake that the fact was done ; if he had a 
thousand lives, he would venture them all for 
this truth, that the captain did peremptorily 
bid him fire upon the coadi, and kili the gen- 
tleman that was in it. And that be was so far 
from mistaking his conunand, that afUr rea- 
soning with him about the Larbarouancss of the 

' deed, the captain iMd him not trouble hunself 
about 'that) but do what he waa commanded. 
The lieutenant, when I told him that aocording 
to our laws, men present at a murder com- 
mitted were liable to the same penalty with the 
actors: Replied, If that be your law, I have 
nothing to say against it A^ at that time he 
seemed to have no great remorse, which made 
us leave him afier some eadiortations to re- 
pentance, and conaideratkm of his ways. 

The captain at the same time, hard as flint, 
entertaineid us with a discourse of his resolu- 
tions to believe himself innocent, to defy death, 
and to &iicy that if his judges would be im- 
partial, tliey could not bfaune or condemn him. 
8o we left him. The second visit I made them, 
was in a f^w days afler, when the lieotenant 
sent for me: and beinff then to pass by the 
captain's chamber, I thought fit to call upon 
him, before I saw the other, and here repeat- 
ing my former counsels to him, and putting 
him in mind of the all -seeing eye above, who 
knew his crimes, though he did conceal them 

« from man ; he was pleased to tell me, that he 
had fiur other apprehensions of God than I had, 
and was confident God would consider a gen- 
tleman, and deal with him suitably to the con- 
dition and profession he had placea him in, and 
would not take it ill if a soldier who Kved by 
his sword, revenged the aifront offered to bim 
by another. I replied, that there was but one 
way U> eternal happiness, and that God in his 
laws had made no exception for any sorts or 
degrees of men ; and oonseqaently revenge in 
a j^ntleman was a sin, God wimla not pardon 
without true repentance any more than he 
would forgive it m a peasant He asking me 
hereupon, What repentance was P I told taim 
it was, so to hate the sin we bad done, that for 
the future no arjj^ument should prevail with us 
to commit it a^n. To which be said, HThat 
if he were to live, he should not forbear to give 
any one as ^ood as he brings: vrith some 
otber expressions, which I am kith to i«peat, 
for they made me so meUncholic, that l was 
forced to leave him. Yet I bid him consider 
Qf what be had said, as he loved his own soul. 
I went from thence to the lieutenant, in 
whom I foimd a very great alteration, and saw 
now several good boolu, and the Biblaamang 
fit rest lying baforo him, and he now was 



^ 



days : He said, he should be content if it were 
within a few hours. He then shewed me the 
places in the little book, he had by him, *• The 
* Way to Eternal Happiness,' which gave him 
the greatest comfort, and prescribed lim most 
excellent directions. The book treated of the 
nature of a true Repentance, of Conifesaion to 
the Ministers of the Gospel, of the Lord's- 
Sufper, and the Rules of a Christian Life ; to 
which are added several meditations proper for 
Festivab, prayers suited to all conditions ; and 
a very pathetic Sermon on the Passion of 
Christ ; all which he said were a g^reat sup- 
port to him in his present condition, which no 
deplored chiefiy, because he had made so bold 
with God, who had manifested himself to him 
upon many occasions. 1 asked him whether 
he had bc&en seduced by the Count or by the 
Ci^ktain? To which heanswered. That ho had 
beoi in the Cgunt's company twice, but th«i 

4 



ff] STATE TIBIALS, 34 CiiAitLES ||. iS^a.-^andotier^Jcr Murder. [9^ 



ctptiio wodU not let him know that it was the 
€9ttpt, jet he belieyed it was ^, having for- 
nedy seen him, and tliat the captaio ^till told 
him th»t he had a quarrel with sach a ^ntle- 



I wiM from thence to the Poloniao, whom 
I found engaged in reading a German booV» 
canr^ifMng prayers and devotjoqa, fit for a pe- 
uteot. which he told me he was repeating tp 
iumsdf day and night. I gav^ bim such heads 
flfcontemplatiMi, as I thou£^ht proper for his 
eooditicMi and capacity, exhorted Lim to re- 
eoileel himself, aind to find out wba^ other siDs 
he had formerly lived in, it heing not sufficient 
to de|dore ODe> but all he could remember upon 
aoKKis examination, which he promised me to 
4a, and so I departed. 

Hie last time I was with them 5vas on the 
8A ofMaoch, pnd while Dr. Burnet Ment to 
the lieutenant, I visited the captain; wliom 
when I had saluted, T to)d him I hoped he 
had taken his dangerous condition into con si- 
dentioo, and wroii^^ht himself into a ^-eater 
afnse of his sins than I could oI>serve in him 
when 1 was last with bim. He said h^ knew 
not what I meant by this address. I then ex- 
pbined m^sjdf, gave him ti> understand tliat I 
fl^ke it with reution to tlie laie great sin he 
had been engaged in, and that £ hoped his 
approaching death had made bim more peui- 
teot than I nad found him the other day. To 
which he replied. That he was sensible he was 
a (freat ainner, and had cominittrU divers enor- 
juliea in his lifetime, of \ih\ch be truly re- 
peDied, and was confident tliat GoJ had par- 
doned him, but he 5:ould not wcH understand 
the humour of our English divines, who press- 
ed him to make particular declarations of thint^s 
diey bad a mina he should say, though ocyer 
80 nlse, or contrary to truth ; and at this he 
said be woqdered the more, because in our 
church we were not for Auricular Confession. 
He guessed indeed, he said, what it was wc 
womd have liim declare, viz. lliat count Co- 
ningsmark had been the contriver of the 
murder, and had been in consultation with him 
about compajsing his design, and prompted 
and bribed him for that end, which falshood 
be would never be guilty of, if he hnd never 
so raany lires to lose. He understood, he said. 
Hut tnc lieutenant hail been tampered with, 
and by promises of a decent burial enticed to 
ooofefs things notoriously fidse ; as that ho 
should shew the said lieutenaat a letter signed 
by count Coningsinark, to engage him in the 
business, an^ offer him money to stab Mr. 
Thynn, (Jcc. But ^ for his part, he was resolv- 
ed to confess no more, tlvin he bad already 
declared publicly before the council. 

1 let him run on, andthen.told liim, that he 
WIS much mistaken in the ^vin^ of the 
diurrh of England, who neither used to reveal 
private confessions, nor oblige offenders in such 
esses to confess. things contrary to truth ; that 
tbisiras bodi ag^i^^ their practice i^d their 
principles; the confession 1 j^d he was so 
Mtifien exhorted to, was no pi^ivatebut ;tpubji« 

TOL. ix« 



poplessiop, for as bis ccjme had been public, 
so his repentance and confession ought to be 
public too ; ^hd in that he was loth to come to 
It, he gave us but too much occasion to sus- 
pect, mat his oretended i*epentance was not 
sincere and cordial ; T told tiim that in such 
wrongs and injuries, as he had done, there was 
either restitution or satisfa^^tion to be made : at 
which word he replying, how he could make 
restitution now Mr. Thynn was dead f I an- 
swered, because he coiud not make restitution, 
that therefoni he should make some satisfac- 
tion, and this he might do by a free and full 
confession of his sin, and of the cause of it, 
and who they wez-e that put him upon it : I 
added that where true repentance melts the 
heart, after such commissions, there the true 
penitent was readier to arouse himself, than 
othei-s to charge him wilh the crime, and 
would have tliat abhorrency of ilie sin, that he 
would conceal nothing that servetl either to 
aggravate, or expose it to the haired of all 
mankind ; and that it was an injustice to the 
pubhc, not to betray the comjilices, and assist- 
ants, and occasions in such heinous offences. 
I told him, he seemed to talk too high for a 
true penitent, for those tliat were truly so, 
were exceeding humble, not only to (lod, but 
to men tqo ; and one part of their huinilitv to 
men was, to confess to them, aud to tfieir 
relations, the wrong they had done them: 
Whereupon he answered, tliat it was enough 
for him to be humble to God ; but he knew of 
no humility he owed to man, aud God he 
believeS had a greater favour for gentlemen, 
than to reouire all these punctilios at their 
hands ; ancl that it was absurd to think, that 
so many thousand gentlemen abroad in the 
world, that stood upon their hpnour and repu- 
tation as much as he, should he damned' or for 
ever miserable, because they cannot stoop to 
things which will prejudice and spoil the figure 
they make in the World : As for his part, he 
saia, he believed Christ's blood had washed 
away bis sins as mcU as other mens, for on this 
errand he came into the world to save sinnecs : 
He was indeed sorry Mr. Thynn was dead, 
but that was all he could do. I told him, that 
Christ's blood was actually applied to none bat 
the true penitent, and that true repentance 
must discover itself in meekness, humility^ 
tenderheartedness, compassion, righteousness, 
making inf^enTious confessions, and so far as 
we are able, satisfaction too, else notwithstand- 
ing the treasure of Christ's blood men might 
drop into hell. 

Upon this he replied, that he feared no hell : 
I answci*ed possibly he might believe none ; or 
if he did, it might be a very easy one of his 
own making. He said, he was not such a fool 
as to believe, that souls could fry in material 
fire ; or be roasted as meat on a great hearth, 
or in a kitchen, pointing to the chimney. His 
belief was, that the punishment of the damned 
consisted in a deprivation of the gracious and 
beatific presence of God, upon which depriva- 
vation there arose a terror and ai^ish 'in 

H' • I • ^^ • 



59] STATE TRIALS, 34 CiiAnLES IL l682.— TntfZ of Count Cmlngimark [ I OO 



tlicir souls, because they had missed so great 
a happiness : He added, that |)0S8ibly I might 
think him to be an atheist, but he was so far 
irom those thoughts, that he could scarce be- 
lieve, there was any man so sottish in the world 
as not to believe the being of a God, gracious 
and just, and generous to his creatures : nor 
could any man that was not either mad or 
drunk, believe, things came fortuitously; or 
that this world was governed by chance. I 
said, that this trutli I approved of, and was 
glad to see him so well settled in the reasonable- 
ness of that principle : And as for material fire 
in the other world, I would not auarrel with 
him for denying it, but rather hold with him, 
that tlie fire and brimstone spoken of in scrip- 
Idrre were but emblems of those inward terrors 



be]onG[ed not unto them : and hereupon he 
turned away from me aguia to the book, that 
lay upon the table. 

By and by the iietitenant came in with a 
penitent countenance, and a mortified lo^k : 
the captain seeing him, g^rew presently cho- 
ice, and retired into a comer of the room, and 
then asked him, what he came to trouble him 
for ? he did not care for the sight of him, es- 
pecially since he had bespattered him so noto- 
riously with untruths. The lieutenant rery 
meekly told himi that they had not long to lire, 
and therefore he was come to admonish him 
to repent of what he had done, and to tell him, 
that he freely forgave him the wrong* he had 
done him, by drawing him into the late un- 
happy action : the captain hereupon called him 



which would gnaw and tear the conscience of lyar, and asked him how' he durst vent such 



unpemtent sinners, but still this was a greater 
punishment than material fire, and ^his pu- 
nishment he had reason to fear, if he could 
Bot make it out to me or other men, that his 
repentance was sincere. 

Hereupon he grew sullen, and some good 
books lyibg upon the table, one of which was, 
Amts true Christiatiitv, he turned away from 
me and seemed to read in it, and after a short 
j»use he told me^ That he understood the lieu- 
tenant's paoers i^ere to be printed, wherein 

. there would be part of count Coningsmark's 
letter, with some other circumstances reflect- 

• ing on the count and himself; but if they 
Were printed, he would print his own story too, 
which should undeceive the world in the &n- 
cies and opinions, the lieutenant's papers should 
draw them into ; and in that paper he would 
set forth the behaviour and manners of the 
English clergy, end the strange ways and 
methods, the^ take with poor prisoners to 
extort confessions from thetn. As for the lieu- 
tenant, he said, he was a fellow that was poor 
and wretched, and by his means kept U-om 
starving, and sometimes he was not well in his 
wits : that himself was a gentleman, and a 

' jnan of an estate, and should leave great sums 
of money behind bun, and that no* English 
gentleman would have been so coarsely used in 
bis country, meaning Pomerania, as he hath 
been in this; and if the lieutenant persisted in 
his falsities, he would die witli a lie in his 
mouth. I said, it was not probable that a 
dying man,^ and a man that was so very sen- 
Rible of liis sins, and who had betrayed nothing 
of any disorder in his carriage during his im- 
iirisonmrnt, should tell and aver tiling, which 
ke knew to be untrue: he said, it %v as no 
strange thing in England for dying nven to 
speak notorious untrutlis, tlierc beinff not a few 
examples of those who had lately done so : 1 
told him, it would l)c very fit tlmt the lieute- 
nant and he should speak together, and cap- 
lain Iticlianlson, I thought, woidd send him 
presently : w ith that he grew anapv, and re- 
ttlied, he had nothing to -say to him, nor did 
he care for sec'mg him, nor for being troubled 
with any EngUsb divines ; they being nien 

' IDO inquisitive and meddling with thiogs that 



aoominable lies concerning him and count Co* 
ningsmark; how he could hare the confidenoO 
to tell men, that he shewed him a letter of the 
count's, in order to engage him ; and of 400/. 
that he should offer him to stab Mr. Thynn. 
and talk sometimes of 400 and sometimes or 
200/. which was a perfect contradiction ; and 
if, saith he, I had> been so base 6t foolish as to 
make you such an offer, you that were the 
elder man, and may be supposed to have had 
more wit than myself, why did not you chide 
and reprove me tor tempting you to such dig* 
honesty ? one would think you are distracted, 
or had a soft place in your head ; is this youi 

gratitude to a person that had relieved you, and 
one you kindnesses, and are you not afraid to 
die with a lye in your mouth ?' Here I inters 
posed and told the captain, that this wrath and 
anger was but an ill prepai-atiop for anotbef 
world, and that greater meekness and charity 
would become a dying mad : to Ihis he an- 
swered. It is you divines that are the causei 
of this passion, by obliging people to confess 
more than is true. Tlielieutenant all this whiki 
heard the captain very patiently; professed 
that this was the first time that he was called 
liar to his face, and that which fbrmeriy be 
could not have endured from the greatest man, 
he was very willing to bear now out of respect 
to that God, from whom he expected pardon 
of his sins. And as for what he had said and 
confessed to other men, he took God to wit- 
ness, that it was nothing but truth ; and 
though it was possible in his confessions he 
might mistake pounds for dollars, that being 
the wonl commonly used in telling the money 
in England, as dollars is in Germany, yet he 
meant nothing by it but dollars ; and what he 
had said of the mfferent sums, was very true ; ' 
for at one time he had offered him 200, at and* 
ther 400, so that could be no contradictioh. 
The captain, notwithstandmg this, still called 
him liar, and ungrateful : while the lieutenant 
stood before him talking with great meekness 
and humility, and for the most part with his 
hat off, and saying to him : You know, and 
your conscience knows, the truth of these 
things, why would ye offer me these sums ? 
you know you made me these offers ; (M 






101] STAT£ TRIALS^ 94 CiCABLBS 1 

fcigiTe joQ, and I fbrgriTe yov. This said, 
*lien die Seuteiiaiit saw, thai his speaking 
£d but eprage him more, he took his leave, 
visbiii|r him a si^ht of the error of his wa^. 
The fieuteaant being gone, I stayed, hopmg 
this religious confidence of the Keutenant mt^ifht 
wprk the captain into remorse, but it was all in 
vain : I persisted in my fbrmer assertions, 
that repentance eouU not be true, wliich was 
Mt attended with meekness, hnmility and pa- 
lieaee; but he taming from me, and bolung 
into his book, and recusing to give me an an- 
swer, 1 left him too, wishing him a better mind. 
* From thenoe I went up to the penitent lieu- 
tenant, where I found the Polonian too. I 
told the lieutenant, I was heartily glad to see 
Us Chnstian behaviour under reproaches, and 
Bo&ing pleased me more in matters of repen- 
tance, tban humility and patience under inju- 
ries, a tiling absolutely necessary where we 
have to deal with God, who hath been for many 
years patient under the injuries, we have 
olfered to his majesty. He then vented some 
comfortoble ejaculations, and expressed bow 
freely he forgave that stubborn man, whom no 
entres^es or arguments could work upon. 
And while Dr. Burnet went with the lieute- 
nant to the fireside,! entered into discourse 
with the Pblonian, who gave me his confession 
in h^ Dutoh, written fiom his own raoutb by 
.the heutenant, and signed by him the Polonian. 
I asked him whether as he hoped for mercy of 
the great God, he believed the things said in 
that confession to be true or no ? He answered 
jes : whereupon to be fully satisfied, I desired 
a German gentleman then present to read it 
over agam in his and my hearing, and to read 
it distinctly, that in case there were any mis- 
takes in it, he might rectify it ; for as I was 
wiOing, I said he should clear himself, so I 
shookf be sorry, he should asperse another 
man, or say any thing of him, that might un- 
joRtly reflect upon his reputation : he promised 
me, that he would attend carefully, and take 
notice of every expression, wlilch accordingly 
he did ; and finding a mistake in the paper in 
point of time, he immediately gave notice of it, 
which I caused to be rectified ; and having 
heard it read over before him, I cbarg^ him 
once more, as he was to give an account to 
God in a day or two, to tell me, whether things 
were carried on and managed in those circum- 
stances, as are mentioned in the paper P To 
which he religiously answered in the affirma- 
tive. I asked him thereupon, how long he had 
been a Protestant oftheAu^burg confession, 
for he bad been bred a Papist ? To which he 
answered, ever since his last sickness : which 
as I remember he said, was about Michaelmas 
hst ; when being told, that the Protestaat re- 
ligion was more conformable to the word of 
C^, be consented to embrace it, and hath kept 
Is it aver since. I demanded of him to tell me 
iaiondy, whether he had not led a very de- 
- bocbed life formerly, which made hliii ven- 
lnre upon that late mhuman entcrprize ? He 
MjDeno^ and that he had been sofiurirom 



i 



ooramitting any such crime hereto(bre« that he 
bad had the good fortune to live with inaster^, 
who were soto:, and men that were enemies to 
disordei* and debauchery ; that according to 
his capacity, he had always m^e conscience of 
grosser sins, and had been very punctual in 
saying those prayers he had been taught, eitlier 
by his parents, or such persons as he conversed 
with ; and that captain Vratz when he bid him 
shoot 31r. Thy no, told him, tliat it was here as 
it was iu Poland, >vhere the servant that dotb 
his master's command iu such cases, is blame- 
less, and the roaster bears all the burtbeo ; and 
that prevailed with him, though he found no 
small reluctancy in his breast, and pleaded with 
the captain about jthe beiuousness of shedding 
innocent blood. I then endeavoured to find 
out what kind of repentance he felt In himself, 
whether it proceeded from fear of a shamef ul 
death, or from an hatred of nin and love to 
God ; whereu{K>n he gave me such an account 
as his honest simplicity dictated to him, and 
said, that if he were to live any longer iu this 
world, he verily thought tliis one sin would 
keep his soul so awake for the future, that it 
would not be an easy matter to make him act 
a^aiu against his conscience : this had rouzed 
him, and he now perceived the sweetness of a 
good life, and keeping close to the ways* of 
God. He was sensible he bad deserved the 
punishment, the law would inflict upon him i 
and all his confidence was in the blood of Jesus, 
who knew how he was drawn in,- and the 
plainness of ))is temper wrought upon by the 
captain's subtilty : however he freely tbrgave 
him, and commended his soul into the hands 
of God. And here ended my conference with 
the respective prisbners, having wished them 
the powerful assistance of God's holy spirit, I 
took my leave of them. ' Tlie lieutenant, whe 
in repeated words expressed his honest design 
in having the following paperr published, de- 
sired me to go with him on Friday following 
to the place of execution, there to te)l the 
spectators, what he should think fit to say to 
them : I told him I would very readily obll^ 
him in his request, but that 1 was bound to 
preach that very moniing, and that very hour, 
when he should be led to the place of exe- 
cution ; however Dr. Burnet, who had been 
his spiritual father all along, would not fail to 
do that last office for him, in which he rested 
satisfied, and with all humility, and in a peni- 
tent posture, bid us adieu. 

In the translation of the following papers, I 
could not be curious in the stile, because I was 
forced to keep to the simplicity of the lieute- 
nant's expressions : he writ not to shew his 
learning but his piety ; having never been 
brought up to letters, rhetoric is not a thing, 
that can be expected from him. Truth sounds 
better from a plain, man than from an orator ;' 
and the less ornament there is in a dying per- 
sons discourse, the less it will be susjiectea of 
hypocrisy. The expressions usctl here, spe;^ 
his heart more than nis fancy, and when a man 
is preparing for a tremendous eternity, it 



AtS] STATE tRiiALS, 34 CHAftLSik tl. i^^^.-^JMiti ^ ClMd t&nhigknH&k ( 104 



Would be fbolish to study eloqaence. The 
^ords here are not chosen, bat flow natnrtdly } 
and th^ hon^y of his soul dwells in the fome- 
^pun meditations. To have affected betto! m- 
gimg-ethah himself used, had been injusiljv^ ; 
and to 8»av in English what he had not said in 
Ills own language, had not been to translate, 
t>ut to polish his admonitions. Such a plain 
harangue, it is like, may be nauseous in a cri- 
tical age, where learning and wit rides in tri- 
tinmh ; yet a soul touched with the same 
loadstone that bis was can relish the siveet- 
tiessof it: himself was Vifraid, that the sim- 
plicity of the language would be an offence to 
She curious readers ; and therefore begs of 
them, when they came to peruse it, to make 
greater use of their charity, than their sa- 
gacity. 

The same I must say of the Polonian^s con- 
iession, where you must expect no better en- 
tertainment, he could but just express his 
ineantng, and was no greater scholar than 
taatnre had made him. 

I was at first in some doubt whether 1 should 
publish the captain's answers to my queries 
and expostulations, because some of them 
savour of prophaneness : yet considering that 
the Erangelist hath thought tit to acquaint 
the world with the ill language of the one, as 
tvell as with the penitent expressions of the 
t>ther malefactor, 1 was willing lo follow that 
^eat examnle ; hoping that ti;ose loose dis- 
courses of the man may serve as sea-marks, to 
Warn passengci*s from running iiiMin those 
tends. That which 1 chiefly obsened in him 
"was, that honour and bravery was the idol he 
'adored, a piece of preposterous devotion, which 
lie maintained to the last, as if he thought it 
Vrould merit praise, not to recede from what he 
liad once said, though it was with the loss of 
'Ciod's favour, and the shipwreck of a good 
conscience. He considered God, as some ge- 
nerous, yet partial prince, who would regard 
mens blood, descent and quality more than 
tljeir errors ; and give vast grains" of allowance 
to their breeding and education ; and' (tossibly 
the stout behaviour of some of the antieut 
'Roman Bravos, (for he had read history) 
might roll in his mind, and tempt him lo write 
copies af^er those originals ; or to thhok, that 
it wasffreat to do ill, and to defend it to the 
last, nhether after my last conference with 
liim he relented, I know not ; those that saw 
Jiim ffo to his execution, observed that he 
looked undaunted, and witJi a countenance so 
* steady, that it seemed to speak his scorn, not 
only of all the spectators that looked ujwn him, 
but of death itself: but I judge not of the 
tlioutfhts of dying men ; those the Seareher of 
all Hearts knows best, to whom men stand or 
fall. I cJ\hnot say, that 1 remember every 
'By liable of the several confei^ences^ but sure! 
am, I have not mistaken the sense of wliathe 
said, nay think I have kept to the very words 
he then used, as much as is possible. I 
V^oiild net wrong the living, mucit less the 
4^ 9 but truth is a thing, which though not 



iBtlwHyn cdnvetkkAify, j\Si may tawMlytifefakl 
at all titoes : this was all *I ahnefl it, luri 
because reports are already spread abroad of 
other diaoourdeb and exp^eaaions, this unhappj- 
man should use to me, and how he affiro&ted 
me in prison, it Was fit the world should be mt- 
deceived. Anthony Horneck. 

At the Savoy, March 13, 1681. 

For Dr. Burnet. 

Sir ; I heartily thank you fbr all yom kind- 
hess ; and promise myself, that, according to your 
word, you will publish my little writings, m- 
tended only to let the world see, that I came not 
into this country with a design ofbeing engajgfeA 
in the late bUck deed. And nnce the justioes 
have not declared what I can say or did say 
for myself, the rabble, it is like, wul be of opi- 
bion that money brought me over into thesfe 
parts : In which verdict they will be unde- 
ceived, if you will be pleased to let them read 
in English, what I have set down in these 
papers. I remain. Sir,* your obliged servant^ 

John Stern. 
Written in the prison, London, 1682. 



The Lasi MeditattotUj Prapers^ and Canfeitiam 
of Lieutenant Joun Stern. 

^ Let God have all the Glory, and umui 
acknowledge bis own unwoftniness." 

T. Seek ye first God's kingdom, and bik 
righteousness, and all these things shall bt 
added unto }0u, Mat. vi. 33. 1 said in my 
trouble,"! 'am cast out from thine eyes, notwith- 
standing' thou didst hear the voiceof my weep- 
ing, n'hen I cried unto thee, thou (hdst s^ 
my trouble, and didst know my soul in adversity. 
Watch, and pray, that ye enter not into tempta- 
tion, fbr the devil, like a roaring Iion,walks amut, 
seeking whom he may devour. In the third 
bock of Moses it is written, Thou shah bear no 
malice to any of the children of thy people : 
by these ' are meant our neighbours. In the 
first book of Moses, ch. vi. The inclinations 
of man, are ^aid to be evil from his youth ; but 
the spirit of God can endure no such malici- 
ousness. 

I have ))een a traveller any time these S5 
years, and'have pereeived but litUe malice iii 
my heart ; though I have had too often cause 
and provocation, yet have 1 committed all to 
God, as the sunreme judge of all. What hath 
brought noe to tnis present misfortune, is known 
to God alone ; yet I am greatly to blame, be- 
cause I did not abandon the world, lived m 
carnal Security, and minded the lusts o( the 
flesh, more than God, blessed for evermore ; 
for which I am heartily penitent, and I thank 
my God who hath brought me to a knowledge 
of^ myself, and given me his mce, to come to 
a true sorrow for my manifbla sins ; if I have 
l>e€n enticed, or tempted by any person to this 
wickedness, as is evident 1 have, I bag of God 
to pardon him, for Christ his sake, and I desire 
all persons, that shall read what I have written 
here during my imprisonmenti tooonaider of 



105] STATE TRIALS, 54 Chablbs I1» I^S^ . m u lothen,fifr Murder. [LOtf 



% wefiweily. Letno manrejiMce «t his neigh- 
|wir*s tni aiu i tunes ; erery Tnim'slttrt honris not 
wmeyei : when tou we a prisoner led along, 
yr ay l o i him, ibr the same nmy happen to you ; 
Dttre oompassion on your neighbours, and God 
will have compassion of you. Be merdfol, and 
God will be merciful to yon. I sire thee thanks 
■w«el Jesus Christ, Son of God, that thou hast 

K' ren me to understand so much out of thy 
ly word ; give me constanoy and persever* 
mee, that I may obtain tibe satvation of my 
voqI. Amen. 

IT. God saith, ^ Man help thyself, and 1 
wiU help thee :" but aias ! whfle we are in 
^hisvailey of tears, we think seldom, or not at 
all, oftbe dirine assistance ; our eyes are dark- 
ened, and we consider little besndes the lusts of 
tiie eyes, and the lusts of the flesh, and the 
pride of life, of which Christ himself hath 
aonoetimes complained, when men have for- 
Igotten him : happy is the man that feels true re- 
)>entance in his heart. Lord Jesu ! give me that 
«race, who am the chief of sinners. God, thou 
^asl not sent thy Son into the world to condemn 
'kinnere, but to save them ; O, save tte not for 
my sake, but upon the account of that precious 
'Wood' which was shed for me on the cross. 

in. I pniy God, nobody may be scandalized 
at what I write, out let every body lay to heart 
"what a noor sinner writes in prison. Ye chil- 
dren oftbe worid, when will yon bethink your- 
selves, and consider the things which belong 
to your peace, but it is hid from your eves. O 
may it not continue hid from yon f Keep 
close to the word of God, and think on the 
woman's seed, which was to bruise the ser- 
peBt|s head ; be vigilant, and pray, that ye fall 
not into temptation ; think often, &at your 
ains are an abomination to God : take heed you 
^ve no ill example to young children, whidi 
if yon do. your account wiH 1^ dreadftd. 

mV. Jolm, the forerunner of our Lord Christ, 
wli^n be b^tm his ministry, the first words he 
"let drop from his mouth, was to recommend 
repeirtuioe unto the impenitent, Mat. iii. and 
Mat iv. saving, " Thekingilom of Heaven, and 
the day olVraoe is come to you, and at hand, 
and God oirers you pardon of sin, and etema) 
Vfe.'* In the 6tb of StUIark, the twelve apbs- 
'des went out, and preached, that *' men sho^d 
repent;'' and Acts iii. *<' Repent, and be con- 
'rated, that your sins may be blotted out. " And 
Acta 14. *< What mean ye, sirs, we preach onto 
,yoo the Gospel, that ye may turn to God." O 
my dear Lord Jesos, make me partaker Df this 
conversion, fbr thy name's sake ! Amen. 

V. AfclB xvii. 30. " Ye men of Athens, the 
times of ignorance God winked at, but now he 
oommaoda aJl men every where to repent" 
Adsxzvi. 30. "St. Paul shews to king Agrippa, 
that he was ther^re called from Heaven to be 
aa Apostle, to preach repentance both to Jews 
and Gentiles. Ye Ithat are parents, if you 
have children, keep them close to the fear 
of God ; teach them the Creed, and the 
^Ten Commandments ; send them to school, 
aadbmdthem out to an liooest trade; be not 



aahamed of this, it is better than an idle life, or 
-Fceneh galkintry, dancing, 6cc. Keep your 
children oot of bad company, whether |bey ha 
BOOS or daughters : A heathen writes, thai 
Evil communication corrupts eood mannersy 
which myself hath had very sadexperience of. 
Before my 23 years travel, I should have 
learned a trade ; But it is too late now. God 

five me patience in all my sufferings. I hope 
y the help of God, I shall ere long be aepa* 
rated from the world ; for it is my greatest de- 
sire and comfort to dwell with God. Amen. 

VI. Gen. iii. God saith, ** In the sweat of 
thy brow shalt thou eat ikv bread, till thou 
return to the earth, of which thou art taken.** 
Bsal.civ. ** When the son rises, man goea 
fbvih to his labour ;" but not to.such labour as 
the Devil suggests and tempts men to. 

VII. John xxi. " When Peter was more 
conoetned about 8t John, than about bimseify 
the Lord said. What is that to thee !" Luke 
vi, It is said, << Thou h3rpocrite, first pull oot 
the beam that is in thine own eye, and then thou 
shalt take demote out of thy brother's eye ;'* 
and thus it is with us. The mote in our bro- 
ther's eye we easily spy ; but ure regardless of 
the beam in our own eye. • 

VfIL Rom.xiv. It is said, <« Who ait thou 
that judgest another man's servant; he stands 
or mils to his own master; he shall be holden 
up, for God is aMeto bold him up." Preserve 
my steps, O Lord, that my foot slip not. O 
Lord, frv thy power, strengthen the weakness 
of my flesh, that I may Sgltit manliiUy, and 
botii m life and death, may press toward thee* - 
Amen. 

IX. And now ye fbat are governors of the 
world, abstain from anger, -exercise justice, 
let not the sword grow rusty in the scabbard, 
though you b^n with mme own head; let 
the will of the I^rd lie done. Ye princes, and 
great lords, do the same; have an eye upon 
your officers, and take notice, how instead elf 
doing justice to the widows and orphans, diey 
go w>ut banqueting, visiting of play-bouses, 
playing and hunting ; the rest I will not name, 
for fear of giving scandal to the younger sort : 
see that none of them take bribes, for unjust 
bribing cries to Heaven for vengeance. By 
the word Governors, 1 understand kings, 
princes, viceroys, lords of countries and pro* 
vincesin Christendom ; colonels, captains, and 
whatever tities they may have ; punish none 
that are innocent, rdease rather ten that are 
euiity, than condemn one innocent man. Ye ' 
kings, princes, and presidents, let nd proud and 
phantastic dresses be allowed of iu your land ; 
ibrthroQgh pride the angel turned devil. Ye 
itithers and mothers, oloath your children de* 
cently when they are litjie ; when thej' grow 
big, they soon become bad enoughs iLet no 
man be taxed or rated above his ability ; op- 
press not the poor, rather help him to bear his 
bnrthen as much as it is possible. 

X. Let us say, out of Psal. xyiii. fS, " The 
Lord myGod turns my darkness into light." In 
Geneab we read, " That the thoughts of man's 



107] S1'AT£ THIALS, 54 Charlbs IL l6S2.-*7m/ of Couni 



[IDS 



lieart are pvW irom lus youth*" The spirit of 
the Lord can take away that sinful inclination : 
I will sf y with Da?id, Fs. bcxxi. <* Create in me 
4L clean heart, O God, and renew a right spirit 
vithin me ; cast me not away from thy pre-> 
8ence, and take not thy holy spirit from me." 
Out of Psal. cxT. '* O Lord, not unto us, not 
unto us, but unto thy name, give all tlie honour 
and glory." He that is fallen into poverty, let 
him hope in God, he will help him. I^. 1. 
God himself saith, '' Call upon me in the time 
of trouble, and 1 will deUver thee, and thou 
shalt praise me." My strength is made per- 
fect in weakness, for Christ is good and gra- 
cious ; and because ha is mercinil, let us call 
vpou him ; as it said^ Luke xv. '' Father, I 
J^aTe sinned against Heaven, and before thee, 
and am no more worthy to l>e called thy son, 
make me as one of thy hired servants." 

XI. The Apostle St. I'aul mentions, in a 
certain place, how a man may have all things, 
and yet have no charity. Cmist also exhorts 
us to love one another. I may say as it is in 
die song, " Love is quite extinguished among 
the children of men." Deut. xxii. *' If thou 
«ee a stranger's ass, or ox, go astray, thou 
sbalt take tuem into thy house. Levit. xix. 
*< Thou shalt bear no grudge to any of the 
children of thy people, which have provoked 
thee to anger. Prov. xxi. '^ If thine enemy 
iiunger, give him meat ; if he thirst give him 
drink." Alatt. viii. and Lukevi. *' I say unto 
you that hear, love your enemies, bless them 
that curse you, do good to them that hate you, 
pray for them that persecute you, and des- 
pitefully use 3^ou, that ye may be children of 
.your Father which is in Heaven, who is good to 
the unthankful, and to the evil." Think of 
this, ye proud vain-glorious, and wrathful men, 
who say. Shall I yield ^ I am much better than 
you. Agree witn your brother quickly, while 
you are yet in the way with him. When you 
come to your long home, you will be weary, 
and find another register or book of account 
before you. And here I beg, of all those who 
aHall read these lines, if in any thing I have 
"been against thcfm, or offended them, to for- 
give me for Christ his sake. 

XII. Eccles. vi.. Solomon saith, "It is an 
evil that t saw under the Sun, and it is very 
common among men, that God hath g^ven to 
£ome men riches and honour, and they want no- 
thing that the heart desires." By such So- 
lomon understands lords, and governors in this 
world : Take heed of pride, and voluptuous- 
ness, wrath and anger, for these are now be- 
come very common ; and such men are apt to 
cry, Am not I a lord ? Am not I a governor P 
ICuig David was veiy nenitent. £xod. 5. 
JPharaob tells Moses, '* Who is the Lord, whose 
voice I should hear?" But notwithstanding he 
must sink in the lied Sea. Take heed, the 
sea of sin is deeper than the Western Ocean ; 
make haste, mULC haste to get into Heaven's 
boat, that ye may set into the ship of God. 

XIII. Ye proud, who is there among you 
«iU take % view of his life ? This Is very usual 



with you to cry, 1 have sent my tailor iiilp 
France to bring me newest modes and faahioiiSk 
Thou hadst better have gone to Jerusalem, and 
considered tlie passion of Christ ; and much 
better would it be for thee, if instead of volup* 
tuous youngsters, thou hadst some grave an- 
cient man about thee, whether seciuar or ec* 
clesiastical ; but such men must be fools among' 
you. Gen. iii. " Wlien Adam and Eve out of 
pride, affected to be like God, they were cast 
out trom the presence of ' God." TbeSodo« 
mites wore proud, £zek. xvi. 49. ** This was 
the sin of thy sister Sodom, pride and idleness, 
and fulness of bread." 

XIV. Ye oificers, colonels, and great men, 
how do you live.^ When a country minister 
dies, to whom goes the parsonage ? to him 
that brin^ most money. Ye ask not. Have 
you studied hard ? do you live a good life ? 
are you a good preacher upon trial ? only the 
man saith, Here is- my purse, and that's 
enough. The deceased parson hath a son, it is 
true, that is a scholar, but he hath no money, 
or he is too young. Tlie widow hath divers 
children. Thus he pleads ; and is not this a 
most lamentable thing ? Ye generals and co- 
lonels, where are. your camp preachers ? I do 
not ask you about quarter- masters, belonging 
to either generals or res^iments, those you do 
not want, for they fill your purses : And 
what religion are they of ? why of this, to 
take all they can get. Who knows how long 
it will last ? Sometimes you carry your camp- 
preachers, or army chaplains, in your pockets ! 
O how do you rob God of his honour, and your 
neighbours of their souls ! He that serves, let 
him serve faithfully, that he may be worthy of 
his salary. He that hath none, needs not trou- 
ble himself about entering into service. Ye 
generals, colonels and commanders, when you 
are in your march, or form a camp, and are 
either liesiegine^, or besieged, pray remember 
to exercise brotherly love toward tlie meanest, 
as well as the ^eatest. Ye commissaries, 
where is the provision ye are to make for the 
army ? Three parts of it are in your pockets ; 
and then you g^ve the general a present, but 
the poor sheep may go to grass. You country- 
men (that's the word) you must pay ; give 
w.hat you have, and the rest you may keep ; 
such a great man, or friend of the genera], 
must have a safeguard. The poor widows and 
orphans, run alMut like mazed people, with 
their children in their arms, their hair dishe- 
veled, tears running down their cheeks like 
pease ; and you sball not find one in an hua* 
dred that will give them one penny, though 
you great ones have, may be, taken possession 
of their cows, calves, and sheep, x our sol- 
diers in their march, must at least have gifVa 
brought them : Sometimes the money is drawn 
out of the peoples purses by dreadful oaths* 
In another place, you let the poor soldiers lie, 
as it were, on a neap, and plague the whole 
country ; then the poor must run to the ricb 
to borrow money of them to treat and enter- 
tain the soldiera* You great ones bare abuii« 



109] STATE TR|AL8, 34 Charles fl. iSSJ.—^iii ^h£r$,f€r Murder. [1 10 

or in the bcwpitals, it is not much . When they 
be^in to be merry at their feasts, then the next 
discourse is about their incomes. I bare a 
ship at sea, saith one, so much I ^t by this 
▼oyafvc. Wretched man ! thou taikest of thy 
pAn, bnt dost not pray to God ; thou mindest 
thy pleasure; thou d^est with the great ones 
in the country i sometimes thou §^oest abroad 
thyself, and courtiers do cheat thee ; then thou 
cursest because thou canst not recover it. In tra* 
veiling, men meet with variety of peoj>le. ' 
Sometimes thou hast an old mistress, her tnou 
ffoest to visit ; am) after that hast the confi- 
dence to ask, why thy ship was lost at sea ? 
(He that hath an honest wife, let him mak« 
much of hcr^ for she is a rare jewel). Th« 
seamen, when they come to shore any where, 
nothing but drinking and carousing all night 
will serre them, and the glass must go round, 
and that is their way of living ; and from hence 
come those many misfortunes at sea. 

XIX. Ye doctors of the civil laws, proctors 
and advocates, it is needless to expound any 
thing to yon out of the scripture, you are bet*> 
terschokurs than I. Psal. x?i. It is written, 
*< I have set the Lord always before me ;" 
This is worth your thinking of; for there may 
be men among you who love to shear the- 
sheep, so long as there is any wool upon them : 
many of you are squint-eyed, looking for the 
hand' that comes-with a bnbe, wliich is a. thing 
doth more with you, than the g^reatest justi<m 
of the cause that is before you. May be, there 
is one in fitly who contents himseU with half 
so muck as another man takes. The Ho(y 
Ghost direct yoor hearts, that you may mind 
you neighbour's .good and welfare more, for 
that b to act like christians. 

XX.; Ye drunkards, ranters, and blasphe- 
mers, and underminers of your neighbours, 
who give ill counsel, to their nun. Ye 
whoremasters, and gamesters, ye haughty, 
and wrathful men, I prsly God send you some 
sparks of his grace, tnat you may smite your 
breasts, as the publican in the temple. I hope 
you will consider the text we read in the holy 
scriptures, Bev. xviii. 7. where it is said of 
Babylon, *^ How much she hath glorified her- 
self, and lived deliciously, so much torment and 
sorrow give her." From hence divines do infer 
That every sin will meet with a peculiar punisb-r 
ment in hell, and consequently a proud and 
haughty man will have the honour of being 
tormented first, or before others^ or will be 
trampled on by others. « The voluptuous wBl 
have a cup of gall given him ; a drunkard be 
plagued with an infinite thirst," Luke xvi. 94, 
" The unchaste person, with putrefaction and 
worms, which shall break forth at the members 
whereby he hath sinned." Ecdes. six. 3. A 
slanderer, with seri)ents, and scorpions. There 
were some comfort in it, if there might be an 
end of this, but <' as the tree falls, so it will lie, 
whether it iiill toward the South, or toward 
the North," said l^lomon, Eccl. ix. 3. sothut 
no change of their torment is to be expected. 
The damned can get no cooafbrt, no ease, no 



brought hfito you by your officers, 
vhereas the poor soldier must content himself 
with an empty house. You cause 'the poor 
people's oxen and cows to be driv'enaway, 
then sell lliem, but the meaner sort must eat 
iry bread. 

XV. Ye gentlemen, burgomasters, alder- 
men, and grand bailiffs, pity the poor in your 
exacting contributions. Take heed ye oppress 
not the widow and orphan, nor take tneir goods 
ftway for your private use ; nor corrupt your- 
selves with bnbes. Do you understand the 
Latin phruse. Quid juris f or the other, Da pe- 
cuMittm y To make your own cause good, you 
make feasts at the public cost ; and this hap- 
pens often, when you are to sit as judges, either 
B matters of blood, or in civil causes. Before 
ytm do so, pray the Lord's prayer, and con- 
ader the import of that place, John xiii. 3, 4. 
" Hereby shall all men know that you are my 
piciples, if you love one another ;" t. e. do 
justice one to another. There are many good 
^hrMans among you ; but alas ! fer more of 
Ibe other sort. 

XVI. My lords, ye bishops, abbots, deans, if 
it be so, that in the town or country you live in, 
yoohave ei^er for money, or kindred -sake, 
placed any ministers, or schoolmasters, which 
are not capable to look to their charge, or to 
instruct youth, you will have a yery great ac- 
|x>unt to give. Ye great ones, you should at 
least visit your clergy once a year ; but I do 
not understand to what purpose you put the 
poor parson to the charge of a banquet, which 
tdws off, at least, a foi^th part of his income 
the first year, if his parishioners in the country 
do not help him . Y Ou shoul^dpreach and exa- 
mine the children, this your office requires. If 
the minister hath good drink in his house, he 
b commended ; and those that love the good 
fiquor, will commend his sermon : sometmnes 
there is one that will give him a silver cup for 
ins pains, and that's the humour of the world. 

XVII. Ye merchants, ye know it is written, 
Widi what measure you mete, it shall be mea- 
sured to you again. Live np to this rule, put not 
oot your money to usury ; content yourselves 
with honest gain, for all depends upon the bless- 
iufi^ of God ; unjust gains descend not to the 
third £;^3neration. Let every man, hi his own 
station, take care to mind his calling, and do 
what he is commanded; Do not sit down and 
write two for one, and then lay the fault upon 
your man. Take heed of cursing and impre- 
cations, whereby you endeavour to make old 
commodities new, especially where the bifyer 
hath no great skill, whence he must needs be, 
cheated ; you give it him upon your word, 
though it is not worth a straw. 

Ye seamen and skippers, how do you live at 
sea ; take up your anchors in the name of God, 
and in the same name you ought to spread 
yonr sails. When the merchants grow rich, 
fMenthr they must have great gaidens, with 
delicate nouses tbr pleasure, where they may 
treat theh" rich acquaintance ; If they give at 
tay time something to the poor in their houses, 



I a 1 ] STATE TRIALS, 34 CAAALES II. 

mitigation of their pain ; If they could but 
have hopes of *^ a mp of water faan^^BS' at a 
finfler'a «nd,*' Luk. xvi. 24. this might yet 
refresh them. Bev, xiv. 11. it is said, <^ They 
have no rest day nor night, but their shame and 
pain shall last for ever. The smoke of their 
torment shall rise for ever ;" read the aforesaid 
place, though you never read or considered 
It before ; the door of grace is yet open. Ye 
drunkards, and whoremongiTs, ye Qry, let us 
be merry, for who knows now lung we are to 
live. Whentbon readest Prov. vi. 11. *' So 
shall thy poverty come, as one Uiat tmveileth, 
and thy want as an armed man," do not take 
in thy meat and drink like beasts, but with con- 
mderation of the soperabundant and ahnigbty 
P^oodness and oMrcy of God. Tit. i. 15. 1 Tim. 
IV. 4, 5. Prov. iv. 17. EocLesiastioos xxsd. ^1. 
Jiuk. xjd. 34. For God*s sake read these chap- 
ters, and you will see, what hazard you run m 
living io the woiM, as if there^were neither 
heaven nor hell. There are too many, God 
knows, that brieve all things alike. Let us 
4)onfe8S our sins, and say. Help Lord and Father, 
who art good to aU, and givest toaH, that, we 
may waUL in newness oi life, and be zealous of 
codd works, to thy f^ory, and the^ of angels, 
ue love and education of our neighbour, and 
the devil's envy, that we may at last obtain the 
end of our faith, ihe salvation of our souls : and 
hear the ohdarful voioe, Mat.'Xicv. 21. <^ Wdl 
doneisrood and ftithful servant, thou hast been 
faithful over a few things, I will make thee 
ruler over many things, enter thon into thy 
•'sjoy." 



Great Healer of the wounds, sin makes, 
In hearts with erief, and tears oppressed ; 
O bow my soul doth pine away, 
"With dolours ^reat and hard to bear ! 
Almighty Saviour take thou me, 
And let me in thy wounds be safe ; 
Th«i then it will be well with me. 
My soul, my flesh shall rest in thee. 

Jonas iiL 6, 7. *' The king of Nineveh, and 

all his Mople, humbled themselves, put on 

taackdotk, and sat in ashes." Let us put on 

.the garment of love, of true repentance^ and 

ttorrow for our manifold sins wnioh we have 

eonmitted, and through the grace of God we 

.fhall obtain detiveranoe from all our sins ; fer 

^hiohdehveranoelpiaisehim. I doalveady feel 

tkeJUmightyGod in my soul, andthonghl had 

•Ihe sins of tne whole worid upon my back, yet 

that good, that gracious God, would not let me 

>giilk underthat burden, Psal.- oxzx. Thoiigh our 

srins are multiplied, yet God's mercy is far 

igreater ; his helping hand is net limited. Let 

Uie hurt that hatn been done be never so. great, 

'«ti]l he is the good Bhepherd, who will redeem 

Isnel from all his troubles and transgressions. 

1 MessGod nho bath brought me to a sense of 

my sins ; nay, lam so well satisfied (praised 

be his name) that though 1 mi^t have half the 

woiid's goods, I would notd^ireto live longer. 

I have had litt!e comfort in this world ; now and 

•#iena body is on the -wat^r, by.«Mi by in a 



m2^JHal of Cc^imi Cemt^trnm-k [ 

storm ; eve by land the journey's are km^^ ,„„ .^ 
tedious. How soon doth sickness oppress 119^ 
no man is secure of his life ; though a man 1m9 
above an enemy, yet there is no r^st £id-» 
perors and kinn rise in the morning fredi ami 
sound, but the least change of air throws thea» 
down, and they must wait for the help of God 
as well as beggars. Let us therefore say witb. 
Jesus Syrach; man, think, of thy end, and tboi^ 
wilt never sin ; and to do so, the Lord Jesuy 
grant us his grace, for in this I have failed fre- 
quently. 

XXI. Ye tradesmen and artificers, I will 
make but this simple remonstrance to yoo. 
Many of you complain, that you labour day 
and night, yet you can get nothing : it is do* 
your labour altogether, but God's blessing tha^ 
18 to be regarded. For Christ saith, thou shal^ 
sanctify the Sabbath, and on that day, go diti-> 
gently to tbe house of God : thou shalt dq& 
swear, or curse, neither thou, nor thy wife, nor 
children, nor fiunily. You should not spendl 
so much time as you do, in taverns, for tnece 
you ordinarily stay till midnight ; and ye ba- 
kers, brewers, butchers, sell, as you mean 
to answer it to God ; for the magistrates are 
apt to connive at you upon the account of frieiid* 
ship, or some other relation, but this should not 
be. On Sunday morning, instead of your cups 
of brandy, you should take a prayer-book u 
your hands, and out of that instruct your chil- 
dren : look into Psal. 122. <* 1 was glad,'' 
saith David, '< when they said unto me, let us 
go into the house of the Lord ? our feet shall 
stand within thy gates, O thou house of God !'* 
If any of you fall into poverty or sickness, yoia 
that are tneir neighbours set them up agaioy 
you need not fear that this brotheriy love will 
make you Anabaptists. Clothe yourselves and 
children aocordii^ to your state, and condition ; 

S've to the poor according to your ability, and 
at is your blessing ; for by this means, ypit 
will want nothing that is necessary here oa 
earth. 

XXII. And now je prisoners, how do yoo 
behave yourselves m prispm ? Keep dose t» 
the Word of God, and you ^ill receive j^ace 
and comfort: do not you read, £sa. liii. 4. 
^' He hath surely borne our grids, and carried 
our sorrows ? He was stricken, and smitten of 
Gody and afflicted :" see what he saitji, Mark 
xiv. 34. '*My soul is exceeding sorrowful, 
even unto death." This said Cnrist at that 
time, when for the sins of the whole world, be 
sufoed himself to be imprisoned and bound ; 
was not that an exoeedine great love, which 
Christ hath expressed to aSi mankind ! Creator 
love he could not shew. And this he did, that 
we might think. of him« when any of us are 
taken prisoners. Let such a one examine him-, 
self, for what reason he is imprisoned ; if be 
find himself innocent, let him have patieoce, 
let him not curse : If he find himself guilty, 
let him pray diligently ; if the crime be great 
andhetnous, let him pray oftcner, and seml;np 
his sighs every moment to God, and he ii(ill 
turn all. things to his ^vantage. Chast<^ 

s 



: 



lU] STATE TRIALS^ Si Chablss IL \6s^.^mul aiter$,f&r Murder. [i i% 

Lnd, wIkd lie w«b ttStetk prisoner (thoagli we 

ct not to be coiii|Mured with Um) said, Mat. 

mi 42. «' AMia Father, not what I will, bat 

vbl tlMNt wilt." Behold here his mighty 

Iwe, therewith he hath loved us when we were 

jtt hb enemies ! He suflTered himself to be 

iipnaoiied : this is no small comibrt for you 

«M yon Ke in a prison ; for which reason, 

oasider seriously of it ; hot stake heed you do 

BflC corse in prison ; do not break forth into 

viath and anger ; be jmtient, oonflde in God, 

who win support you in all things, if you call 

ifiNi biiu. Use no threatentngs that in case 

yMoome off, you will remember the persons 

tfait have been the cause of yoar imprisonment. 
His makes your case bnt worse, commit re- 

wpgeto God ; for thou art not permitted to be 
Ifcine own revenger. For he that ju'lges, shall 
heJQf^^. The law of God and man condemns 
these things ; he that sins mack must repent 
mdi, this is God's order, who c&n truly say of 
khnself, as it is John xiv. '* I am the way, the 
tnith, and. the life." And if he be the way we 
oumot possibly err, if we follow him ; if be be 
the tmth we cannot po^ibiy be deceived by 
kira ; if he be the life; we cannot possibly come 
W aoT thing .that is hurtiul. If your flesh and 
hMAd DC straitened in prison by tne temptations 
of the devil ; if the chains and shackles press 
hard upon you, remember the Crown of Thorns 



guilt of his own. Mat. xi. 28. it is written, 
** Come to me all ye who are weary and heavy 
laden, and 1 will refi^esh you :" and let this be 
for yoiv comfort. Nor is it enotigh that a man 
is laden with bonds and chains, for that is only 
a temporal punishment ; you must at the same 
tone, take your hearts prisoners by the word 
af God. 8iglrtherefore, with David, and say, 

Look not vpon my sins, O God, 
Make pure my heart, make c?ean my soul. 
A new gloss on my spirit set. 
And from thy presence cbase me not. 
Thy Holy Spirit ffrant thou me, 
With peace and health refresh thou me. 
To plMse thee, make me willing, Lord ! 

Amen.* 

Thus oogfat men to live in prison, upon which 
by the grace of God, remission of sins must 
rily follow. 



men ? aftd if a soldier leads a good life, it mny 
be said to be stricter than a Capuchin's, hut 
such a one is a creature very despicable, yet 
more or less according to the country he fives 
in. When an enemy knocks at your gates, 
ye great ones, and you can but get soldiers 
you rgoice exceedingly ; but if God give yoa 
peace again, I am sure, you have no com- 
mand from him, that they who sened yoa 
foithfully, should be cashiered and sent away 
without pay, and those which stay behind, 
shobld scarce have bread enough to eat. I 
suppose they are creatures created of God, and 
redeemed as well as you. He that wrongs them 
wrongs God in heaven ; here I must die for a 
man's fortune, with whom I never changed 
wotd all my hfe, for a woman which 1 never 
saw ; nav, for a man that is dead, whom t 
never had a view of; and are not these three 
very ffteat thin^ ? I leave it to every man's 
oonsideratton ; it would grieve a man, 1 confess 
itis a little hard ; yet be it as God pleases, I 
have entirely resigned myself to his will. And 
now I will tell yon all that I have loved in the 
worid. Next to God and his holy precepts, 
I have loved my neighbour till the late 
misfortune befell me ; I have ever had a 
great fancy to travel, and from a child 
have had inclinations to be a soldier, which 
desire, ' as that of travelling, hath yet much' 



which our redeemer bore, and without any /decreased with time. A courtier's Kfe I 



XXIII. I had almost forgotten the common 
Boktiery, which I would not willingly do, for 
theie is great philosophy to be found among 



never much affocted, because the court is ge- 
nerally croudedwith asortof pditicians, which 
are no better than dissemblers. A leaned and 
experienced man I always had a very great es- 
teem for whether he were rich or poor ; for I 
have met with both sorts^. Lastly, I have 
had a peculiar love for three things, yet have 
been most miserably cheated by them ; yea 
these three were instruments, I made use of, 
that day I came into the late misfortnne. I 
thought I had an excellent friend in the captain, 
but have been sadly deceived in him, and se- 
duced by him, that is one thing. Secondly, I 
have been no hater of women, and here also I 
have been cheated. I have also had a great 
love for hoi-ses, and when that late misfortuna 
began, was upon the back of One. 

Let every pious christian take a view of the 
world, let him love nothing, that is in the 
worid, but God alone ; let him do no wrong ; 
nay, let him not permit another person to do 
that which he can hinder, especially where the 
poor and metiner sort are concerned ; and ho 



Aem, i. e. There is nothing in the worid, but that is rich, let him look to it, that he may 



you may find it among soldiers ; you find 
Named and unlearned, good and bad, holy and 
profligate men, you find some who really aim 
at the kingdom of God, and others who suffer 
themselves to be blinded by the devil, and live 
iceonliiig to his will ; nay many stranrrers 
which no man knows who they are ; one tears 
God, another bhwpbeines him': In a word, yon 
have among the soldiers pious, and impious 

* This is part of a Spiritual Hymn used in the 
LatheranChmcb. 



communicate to the poor heartily ; and let him 
do the same to the sick, and to distressed fo- 
mtlies, and to strangers. The reoompence God 
will give, who is so far fh>m forgetting such 
works, that he will reward them a hundred 
fold. Grieve no man who is already grieved, 
for it is sinful. Rejoice not over any man's mis* 
fortune', for before a day be past yon may come 
to some sad accident. Take heed you do not 
spei^k ill i»f God ; and take no folse oath. 

\ esterday I was at the last sermon which I 
am hke to hear in this world ; the preacher wm 
. 1 



115} STATE TRIAIS, 34 Chaubs U. \6%^.^JHd 0f Ctwt C^nk^mm-k [^liCr 



an ]SiiffluAim9&» and &• doctor of iMmtyt bui 
name Hurnet ; and I can take God to witness, 
that in this seitnon my sinful heart was Ofenf/Bd^ 
and rteei^ed great comfort from it. The i9xA 
was as follows ; ^' Christ Jesu^ came 90t to 
call the righteous, bu^ sinners to repentance." 
.0 joy above ail joy 1 O oomfortaUe promise \ 

sw^t recreation of my soult Nay, nothing 
can be found, that tends more to a poor sinner's 
comfort, than this comfortable promise. If 
therefore Christ J jsus came into the worU to 
a^re sinnens ; without doubt be is come for my 
sake too. Therefore, O my sins, why do ye 
trouble me? Jesus Christ is h^re, who will 
take you away from me- Sing and r^oice, O 
ngr soul, with Jaooli, Gep. loqai. 10. ** I am 
less than the least of thy mercies, and the truth 
thou hast shewn uatp thy servant. '' With 
David we wills^y, 8 Sam. yii. 19. '^ What am 
I. Lord, and what is my fisilher's house, that 
thou ha^ brought me thus far ?'* With the 
Virgin Mary, we will ^ay, Luke i. 47. ** My 
Sfkulmagmne&the Lord, and my spirit bath re- 
joiced in the God of my salvation ; for he bath 
done great thmgs for me, and holy is his 
name." 

And here y« great commanded, give me 
kaye to. ]Aressqit you with this humble. suppli- 
cation, tbat you would not take it ill, because 
this writing come^ to you in a homehr atile, 
yet it is penned with a good kiteot, and that is 
enough. Because I am neither divine, nor 
phik>so|>ber, but have hy 1>rafession been a 
soldier, I hav^e written thbgs m. very course 
language; yet 1 hope no pioqs man will think . 
ill ^ it. I have written nothing hut what i 
have seen with mine own eyes ; i grant, you 
are not all sueh persons, as my writing seems 
t9 make out, yet, must ooni^ss, that I have 
knqwn abnndanpe of such, but wiU not call 
them by tj^ieir . names. I ain sorry I have seen 
so much, and have nut esdieHed that evil^ 
which l^th aK Isutt brought me to shame before 
the world. 

XXIV. I ^all in toe la^jkiffooe, briefly ac- 
qaaint you with my coi^-ae of Mfe. About HJ 
yters ago, oiy father of blessed memory, 
sent me out of Swedekmd to Gennanland, 
where for twa years tog^er I went to school. 
Two yeaii; alter that came the Muscovites, 
which ol^liged us to fly back toSwedeland. 
M)ou^ 33 yeatfrs ^o, I teft Sweden, and went 
towards jpomerania, wheie I served the elector 
of Biiuidenburg a quarter of a year; from 
tli^nce I went through Poland towards the 
German emperor's domiqions. From Bohemia 

1 travelled mto tl^e NetherlaadB, from thence 
iqito Fi'ance; from France again into die 
^•therla^ds with the army: After the peace, I 
went bac^ to Bohemia, Austm, and Hungary, 
and ailer that again to the Netherlands, where 
I iitayed Q yetuit, from thence 1 vn^nt farther, 
ta Uollaud, Denmark, Sweden, Poland, and 
then to Ilolstein, which was m the year 31. 
Duriug tliese S3 years, I have been a Papist 
1^ years, because I was commonly all that 
limn i^ Popiah lointoiMis htK m QobttiA in 



the year 81, I turned again to the Lnthemit 
relupton, in which I was bom, and bajUi^ed* 
andin that, God willing, I mean to die. i 
could no longer hear vriui the Popish religiofi^ 
because of toeur many saifits and intercessor. 
There is no relimon, comas nearer to mifi^^ 
than that of the Protestants in England ; Go4 
grant they may Uve in peace with the Calvinista 
to prevent quarrels, and in opposition to th^ 
Papists. 

Ah ! my dear Jesua, look upon me with tb^ 
eyes of thy mercv, and chasten me not ne- 
cording to my desert. I firmly hope, thou 
wilt not dismiss my broken contrite heart with- 
out a blessing, the rather, because thou didst be* 
speak the poor thief upon the cross, with tbes^- 
comfortable words; This day thou shalt b« 
with me in Paradise. O Jesu! let me also 
hear this word, and my soul will be safo. t 
will not cease praying to the very last, and to 
say. Lord Jesu, into thy hands I commemi 
ray spirit. These shall l!e my last words, and 
when I can speak no more, O Lord Jesu, thou 
wiH accept of my sighs, for I believe that thou 
earnest intotlie world to save sinaei's, of whom 
1 am chief. Now, Lord Jesu, strengthen m^ 
in all my sufferings. Thou sayest. Come to 
me all ye who aji*e weaxy ana heavy ladea, 
and I w ill refresh you. In this faith, at thy 
command, 1 4w» come, hut altogether unwortk^^ 

Lord Jesu, heal thou me, tor thou art um 
true physician of souls. Vea, Lord Jfsn, i 
confess, that at present I feel great reJwh- 
ment in my sinful heart. I am as an anned 
man, who ^ues against his enen^y, and wUH 
not draw back one sk^ hut fight ooun^c^ualy. 
Now, u\y Lord Jesu, thou hast armed me witb. 
a steUia^ I'aitli, and confidence in thee. Grant 
me, Lord Jesu, that I may be thankful for tluA 
great mercv and goodness; let me wrestl# 
boldly, and press through Kfe and death. 
Hallehijah. 

Let me say, Ijord Jesu, with St. Paul, If 
God be for us, who can be against us. Niiy, 
he hath not spared his own Son, but K yy h 
given him for our sms. Who wiU accuse tba 
elect of God ? It is God that justifies, who 
will condemn? It is Christ that died, who 
sits at the riffht hand of God and iatoraedes for ' 
us. Who snail separate us from the k)ve of 
God P shall trouble, shall anguish, sha^l perw 
secutioo, shall hunger, ahall nakedness, mJl 
peril, or the sword ? i^ it is written hy David, 
Psal. 18, 28. '' The Lord make my daskMSi 
light ; and the blood of Jesus Christ wa^h bm 
and purify me from all my sins.*' Amm^ 
Jesu. Amen, Ai^en. 

Whatever state or dignity a true ChriiliMt 
is of , lie must not make light of pi«yer,or 
tliiok, 1 can pray to morrow, and this businean 

1 nmst do to day. Ah! Chriatianj let thy 
bnsiness be rather laid aside, except thy foUoir • 
christian should be in the pangs o(f death, or 
thy house shoukl be on fii«, for these thinga 
may cause more thah ordinary trouble. Ne» 
elect not the service of God, O my ann, nor tht 
festivals of th« duirch, for X mi. vik, ' 



c 

« 
« 



lirj STATE TRIALS, te CHAMEi !!. l68«.-.BjHr<*Ur#,>r JHkrefer. tnS 

wmiW gtre fcjm 3 or 400 dollars f I said, I 
knew none : Hereupofn he g&t fbut bmce of 
pistols, three little ones, and one brace of great 
ones. The ereat ones, and one brace of little 
ones, he h^ by him before, and two lonjf 
swwxls ; and then said, Now he is a dead man. 
He prayed xne to cause two poniards to be made, 
wheredr he gave nje the di-aiightj but I wouW 
not do it. And now he had a mind to draw 
in a great miny niore. At last I had a Tcry 
strange ominous di-eam. He saw I was 
musing, and then asked roe, what I ailed ? I 
told him ( and he laughed, spying. There waa 
no heed to be given to dreams ; yet the dream 
proved too true. Now, I saw, he was resolved 
to kill him ; wlien therefore he importoned ifie 
to engage more men in the business ; 1 told 
him. What ean you do with so many people, 
cannot you take tnree horses, ^'ou will have osi6 
for no more ? Hereupon he fetched out money, 
and on the Friday befbre the murder was done, 
he bought three horses. On l^nday follotving 
he told me, I shall get a brave fellow, (that wa} 
the miserable Polonian) who came to town on 
Friday, and the 9undiiy ^fter he killed the 
gentleman, (according to order from his master, 
and you know who his master was) mvself 
being, then alas ! in the company. Half Hn 
hour past Ibur, the gentleman went ))y in hw 
chariot before our window. Thereupon wo 
went for tlie horses, and afterwards rid toward 
the Palhnall, where we met the genfleman in 
his chariot, I Hd before the coadi, die captain 
went close by it, and then cried, Hold, an^ 
shewed the Polonian the man in the coach ; 
who thereupon gave fire, and shot four or five 
bullets into his Body. They say, he lived tiU 
next morning, and then died. On Monday 
following we were all taken prisoners, and 
must now die too ; we have yet four days to 
live : The great God pardon us this sin, for 
Christ his siOce. Amen. For I repent from the 
bottom of my heart, that in my old affe, to 
which I was advanced with honour, 1 snould 
come to this disaster : but it^s done, and cannot 
be remedied. It is written, The days of our 
years are few, and when we come to our best 
age, it is theu but labour and sorrow. 

Mefnorandum,']The\etter, the captain shetv- 
ed me one day, was to this pnrpo.se : 1 hav4 
given Captain Vratz ihU commission to dis- 
pose of the places of captain or lieute- 
nant, to whomsoever he shall find capable of 
it. So far I read the letter, five lines lower 
stood these words, 600 Dollars, which was not 
the captain's band, or writing, it ^as hig( 
Dutch. 1 seeing the letter threw it dotvn upon 
the table, but he nut it up, and underneath, tha 
letter was signed, Coningsmark. Thus much 
I saw, but made no further reflectimis upon th^ 
letter, because, God knows, I was bhnded. 

Another Memorandum, I have forgot in the 
p&pers, which after my death are like to be 
paMished, viz. It bath been twice in mf 
thoughts, when capt. Vratz was in Hollami, ta 
go and tell Mr. Thynn, what the ca^f*"** 
mtauied agaxmthhn, but i stitt fbrsr^ 



wa be ihe eflect of that nwlect. In a word, 
■idiiDgr ^onkl have so much of your care, as 
ike exercise of prayer, and goin|F to the bou^e 
rf God, where you must not sit idle, but work 
ia the vineyard, that you may receive your 
MniT. which the lord of the vineyard will at 
hu give. Consider this, for Christ his &ake. 
Amen, Amen. Aly sweet Jesus. Amen. 

XXV. And now I will let von know how 
I came to that late misfhrtune here in London. 
Aftont the «ad of October last I came to Lon- 
daa, and lodged in the city, near the Royal 
Exchange in Broad-street, m the Dutch ordi- 
nary, at the sign of the City of Amsterdaip. 
When I hat) be«i there a month, a gentleman 
came to lodge there, who calleil himself Val- 
fi^s, but his name i» Tratz : He and I b^n 
Id be acquainted: at la«t he told me he had a 
request to me ; to whom I replied, Tliat to the 
iitpaosat of my power he might command me. To 
thin he said he had a quarrel with a gentleman, 
and desired me to be his second. I told him, 
without any consideration, I Tt^ould. A fort- 
nigfat after he told me. That it was good living 
thereabouts ; and if I would take liTodglng in 
diat |>laoe, during the four weeks, he should 
atay in London, he would pay forme. Here- 
vpoo he took four servants, sometimes he was 
lor manymg, sometimes for fighting ; and if 
be eoPoM get one, who would kni the gentle- 
man, he said, he would give him 900, nay 
300 dollars. There it rested for a while. Hfc 
dismissed two of his servants, and was going for 
France, or • BoUand. The two servants con- 
tinued without places. Six days after, I took 
leave of my aoonaiotBaee ; and after my things 
bad been Xwo .davs on shipboard, I went to the 
I^nberan chur<», where I received a letter 
ftom capt Vratz. O unhappy letter! The 
cnnCentAwere as f<^W6: 

* St ; I am sorry I could not have the ho- 
Boar to take my leave of you ; but be it all to 
vour advantage. I am going for France, yet 
nave not as yet a certain commission. In 
the mean while ha pleased to continue, either 
at Mr. Blocks, or in the city of Amsterdam, 
wbere I will apt tail to pay for all. lam, 
your obliged servant, Ds Vbatz, alias De 

Vaujchs. 



After I bad read this unhappy letter, I 
efaanged my resolution, and stayed here and 
fetched my brings from the ship, and went to 
lodge in blackmore-street. About 10 weeks 
afttf he returns to London, sends for me, and I 
cane ; and himaelf took a !odgtm>: in West- 
minster, vrbere I was with him ; and the count 
lunseif lay one night in the captaitiV and my 
iodgii^. ^e cs^tain then asked me, how 
Tbyan M? I toM him, I could not tell, for 
I fatd never seen him . Thereupon he told me, 
Innst.aee natr, bow to order it, that i may 
eome at bitn, if I eouM get but some stout 
gg^..-.— «D& yon know no Frenchmen about 
tffWB or wtMSt other people there tsf I said, I 
iMoid see. Then be added ; Could not one 
fat an ltnliftt>9 ^"^^ ttigbt <fopnteh- hitOf I 



% 19] STATE TRIALS, 54 €iuRle» II. J fi8«.— TrW of Cmmi dmmgmmtrk [1 2^ 



I desira tlie doctor, in case any thing of the i 
tui{ytam's writings should come abroad, to com- 
pare what he sai£h with my confessionft, and to 
consider tine with the other. Give unto Caesar 
the tbimps that are Cet^r's, and imto God the 
things that are GodS. I hoiie I shall go with 
the pubUcan into the temple of God : I am a 
great sinner, yet God's mercy is greater, 
wherein I trust ; nor will Christ therefore re- 
fuse a soul, though the body is banged up by 
the world. iMy lords, ye judges, I do wish you 
all happiness, 1 confess you have a weighty of- 
fice, God give you his grace, that you may 
neither add to, nor diminish from a cause. 
You have seen how I exposed all 'my failings, 
and that openly, to God, and to the whole world, 
because others may take warning by me, whom 
1 leave behind me m the world, ibeg of God, 
that people may consider this my poor writing, 
the effect of the assistance of God's spirit, and 
the desir^ of a pious soul. 

The captain desired me, that I would cause 
tivo daggers to be made, because at first it was 
resolveu, we should fall upon Mr. Tliynn on 
foot ; and he would have bad some Italian or 
another, to thrust them into Mr. Tbynn's 
^y > yet I neither looked out for a man fit 
for that purpose, nor would I cause those dag- 

fcrs to be made. The musquetoon, or the gun, 
fetched indeed ; but it m as 6ut of a house, 
which the captain described to roe. The holy 
passion of Jesiis Christ preserve me ; the inno- 
cent blood of our Lord strengthen roe ; the 
pure blood that flowed from his side, wash me ; 
the great pain of Jesus Christ heal nic, and 
take away the deadly wounds of my soul. 

O bountiful Jesus, hear me ; hide me in thy 
holy ^>ounds : From thy compassionate heart, 
let there flow into ray wicked heart, mercy, 
comfort, strength, and pardon of all my sins. 

My Lord, and my God, if I have but thy 
most holy passion and death in ray soul, neither 
heaven nor earth can hurt me. O Jesus! I 
ercep into thy gapine^ wounds, there 1 shall be 
secure until the wratn of God be over past. O 
Xiord, let me alwaj s adhere to tliee ; keep off 
li'om me all the assaults of Satan in the hour of 
my death. O my dearest Lord Jesus, who bast 
spoke comfoitably to the penitent sinner on the 
cross, cull to my dylner heart, and speak com- 
fort and consolution to It ; assist me, that in my 
last necessity, througrh i\ry help, I may happi-, 
)y overcome ; and v^en I can speak no more, 
accept of my si<^l)S in mercy, and let me con- 
tinue on heir of eternal happiness, forihe sake 
of .tliy most holy blood, which thou hast shed 
for me. Amen. Lord Jesu Christ, my lord 
and Saviour. Amen. Amen. 

O Jesu, receive my poor soul into thy hands, 
then shall I die thy sen'ant. My soul I com- 
mend to thee, and then I shall feel no pain nor 
sorrow. Amen. Amen. Amen. 

Tlvese ejaculations are parts of such spiilt'ual 
aonofs, as are oaually &ung in the .LtilheFaft^ 
Churches. 



^ My wants and my necessities 
^*^ Je«us, I entrust wiOi U 



thee. 



Let thy good will protect me Lord, 
And what's most wholesome, grant thou nxe^ 
3. Christ is my life, death is my gain, 
If God be for me, I am safe. 

3. My I-iOrd, my God, O pity me, 
With free, with undeserved Grace ! 
O ! think not on my grievous sins. 
And how I have denied my soul. 
When in my youthful days I err'd. 
Against thee Lord, thee hare I mnnM ; 
Sinn'd then, and do sin every day : 
Thee I intreat through Christ 1 mean. 
Who was incarnate for my sins. 

4. Consider not Lord Jesus Christ, 
How heinous my transgressions are ; 
Let not thy precious name, O Lord, 
Be lost on this unworthy wretch. 
Thou'rt called a Saviour, so thou art 
With mercy Lord, look on my soul. 
And make thy mercy sweet to me ; 
Sweet, Lord, to all eternity. 

5. Almighty Jesus, son of God, 

Who hast q>peased th v father's wrath : 
I bide myself within thy wounds ; 
Thou, thou, my only comfort art. 
Amen, thou art, so let it be : 
Give to my faith, give greater strength ; 
And taike from me all doubts away ; . 
What I have pcay'd for, give me Lord. 
In thy great name mv soul hath pray 'd ; 
And now her joyful Amen sings. 
Ask, and ye shall have. 

THE CONFESSION 

OF 

GEORGE BORODZYCZ, 

The Polonian, signed with his own Hand us 
Prison, before bis Execution. 

I Geoige Borodzycz, do here, in few words, 
intend to make known to the world, how 1 earae 
into the service of count Coningsmark. About 
eighteen months ago, I was recommended, by 
letters to the quat&p-master general Kemp at 
Staden ; and from thence | was to be sent to 
the count at Tangier ; but by reason of the 
hard winter, I was slopt, for the ship in which 
I was to go, stuck in tue ieetn the river Elbe ; 
this made me stay till fucther order. In March 
last, I received a letter, which ordered me to 
go and stay in. a manor belonging to the 
count in the bishoprick of Bi-emen, and there 
expect new orders from the count. At last I 
received a letter, with onlers, to come by land 
for lilolknd ; but destitujte of an opportunity, I 
staid till the 18th of November, 1681. And 
then new orders came, that I should come for 
England to tlie count's brother, where I should 
fe^ horses, and convey them to Stras^uigh. 
And accordiiigly I left Uambur gh the 24th of 
December, 1681, and was at sea till tlie 4th of 
February, 1683. When I came to London, 
I lay the first night in the city, hanl by the 
•Royal Exchange, at one Blocks; and from 
thence I was conduct*^ to the count's brolber, 
and from thence to the count himself, who wss 
to ^ my master ; When I csme to him, capt 



itt) STATE TRIALS, S4 CiLuaBS th l662.^M<i Man, for Murisr. [122 



Fiatz beiog^ with him, my lord ttld me, I^ 
iboHiii be with CApt. Viuts three days, tiU|hi9, 
I. e. the oonnt's faBange and goods be had on 
ikipboord, came. Whereapon the eaptsm sakl 
he wouU send his mao lor me neict day, which 
was 8mida]j', which he did aocordingl^f^. I 
weat with his man, and my lord diarged me, I 
should do what oapt Vrata should oraer me to 
do. I went thereupon to my. chamber/ and 
ssid the Lord's Prayer. On Sunday, about 
one of the dock, came op the eaptstn's man 
ftr me, and brought me to the captain. 
WheQ I saw him, hetold me; << It is weU yon 
are come, ihr I have a quarrel with an^n^ish 
gentleman ; I did finrmerly send him. two cbal- 
K^ges, but he answered mem not ; whereupon 
eoont Coningsmark and myself went forFrance; 
but that gentleman sent six fellows after us who 
were to kill the count and me. Accordingly 
they came on us, the count received two 
wounds, we killed two of them, and I am now 
eotne hither to attack that gentleman in the 
open stieelB as a murderer ; and as he hath 
begun, so I will make an end of it. " Whereupon 
lie gaTe me the gun, which I Should make 
use of to kill him. When hereupon I pleaded 
with capt. Vratz, and shewed myself unwilling, 
saying, that if we were taken, we should come 
to a very ill end. He answered, I need not 
trouble myself about that, if we should be taken 
sruoners, it was be that must suffer for it, not 
1 ; and for my service, he would recommend 
me to count Coningsipark ; whereupon I 
thought with myself^ that it might be hei-e as it 
is in Poland, viz. Where a servant doth a 
thmg by his master's order, the roaster is to 
su/l& for it, and not the servant. 

We i« cnt therefore soon after for our horses, 
and rid tot^-ard the Pallmall. The captain told 
me, I will stop the coach, and do you fire upon 
ihe gentleman ; which was done accordingly. 
Lord have mercy upon me, 

I am beortiK sorry, that my honest parents 
n«st receire tnis unwelcome news of me ; the 
jifan^hty Goil take care of my soul. I have 
gieat confidence in Almighty Crod, and know 
Sttthehath offered bis iiten upon the cross, 
for the sins of all mankind. Therefore I be- 
here, that satisfaction was also made for my 
atos ; and in this ftith, in the name of God, I 
will die. Lord Jesu give me a happy end, for 
tby bitter death and passion sake. Amen. 

What pity it is, that I should be about the 
space of jwven weeks upon the sea, betwijct 
Hanfbnrgh and London, and in great danger 
d&y and night, and yet should fall at last into 
this unexpected mi^fortdne ! I can bear wit- 
ness, witn a good conscience, t)iat I knew 
aotbiog of the bnsiiiess aforehand t The great 
God pardon those men that have brought me 
10 thK fall ; God keep every mother's child 
frDiD ail such disasters, for Christ his sake, 
inm. 

4od I/Jceire the doctor to pray for me, and 
to let all the world know my innocence after 
IliD dead, that men may see and fear. . 

Gborge BonosKT. 



PonVGttlFT. 

The fieutenant did ofWn desire that their 
examinations before the justices of peace might 
be published with their other papers ; for then by 
the questions put to them, all particuUrB weit 
brought to their remembiance, which in the 
condition in which they were, they could, not 
otherwise recollect so orderiy ; and both he 
and (he Polander did always refer themselvei 
to those examinations, and to the last averred 
the truth of them in every particular ; there^ 
fore it vras thought necessary to publish them 
together vrith their other contessioos. ^ 

THE EXAMINATION 

OF 

LIEUTENANT JOHN OTERN, 

Taken before Sir John Reresby, baronet, 
and WiUiam Bridgman, esq. ; two of his 
Majesty's Justices of the Peace of the 
county of Middlesex, Feb. 17, 1682. 

This examinate saith that seven months age 
he .came into England, and lodged at ^ 
Amsterdam Ordinary. That about five Weeka 
after captain Vratz came and lodged in the 
next room to him, and in a few days made an 
acquaintance with him, and said to him, It is 
dear living here, but as long as I stay it shafl 
cost vou nothing. This place is dear, 1 will go 
and fodge at another place. Acx»rdingly they 
went to an house in St. Nicolas lane, where 
the captain paid for him. Tbat the captain 
told hira, he had a quarrel with a gentleman 
with whom he would nght, and that be wanted 
a good servant or two. That abgut l4 days 
alter the captain went out one morning, saying 
he woulci return in the afternoon, but that he 
sent for his bdots, and came not again ; that a 
certain taylor, who wrought for me captain, 
came and discharged the lodgings. That the 
Sunday following he received a letter from the 
captain, excusing his going away, and saying 
be would return in eight days/ but he came 
not in nine or ten weeks, that in the said letter 
ihe captain directed him to go and lodge at the 
Amsterdam Ordinary, or one Back's, saying 
he would defray his charges. That the captain 
came to town again a clay or two after the 
Morocco ambassador had been to see the 
gfuards in Hyde Park. That the examinate thea 
meeting the abovementioned taylor (who is now 
prisoner) with the captain's sword, which be 
knew, the taylor told him the captain de^red 
he would . come and see biro ; that be accord- 
ingly went, but nothing past between them 
then of any moment. That the next day the 
captain came to him, and began to disconrsa 
again about his quarrel, repeating that he 
wanted a good .servant -or two, for he would 
fight. That about 9 or 10 days affo the captaia 
told him he should have a goou servant sud« 
denly ; and that if he this examinate would 
assist him the captain, he would make his 
fortune. That the captain gave him money t» 
buy a musquetoon, which he did accpi^ingly* 
That this day sevennight the captam boi^^ 



U$] STATE TRIALS, UCuamlUb II. t68t««^rrM/ of Cemi Omingturk [IM 



three hones, aad the tey after said to this ^ 
•tamitttfte, I ttiust h«t«tlie rOgfHe tiow. Next 
day hem^ Saiiday about noon, ithen the P6- 
Ibddfer catbe th« caMam said to this enmiitate, 
Mttw I hat« got a bftt^« M<m$ and bo liie 
captain went to the Polander into anotheir hmmh, 
•M wheii ha oasie buk to this ^EaitoiiMtie, he 
•aid lobiiB) this Is « bntve lUloir mdeed* f<rr 
lie says thoae that will Hot fi^ht must be killed. 
That ailer dinner Uie oaptain s^nt out one oT 
hte s^hii^ants to know whether the gentliniiftii 
Wkh whom be had a i^ar^el, went out, that 
the serraat kought word he was gone out, 
whereupon the captain put on hisMoto, and 
cent this eKaninotefor two horses, t6 be brought 
to the Bladk Bull in Holbom ; soon ailer which 
another person brought a third horse, and then 
the captain, the jPolander, and this examinate 
got on horseback, and went towards Charing- 
otoss, and hanng gone ftirther in the PaUmdl, 
this examinate bein^ about ten yards behind the 
coach (which he had met apd passed) heard the 
captain say stop or halt to the coecfatnan, and 
presently heard a shot, and saw tiie fire, upon 
which, he turned abaut, and saw the other two 
persons ride away whom he followed* 

The examinate bemg gone out of the Toom) 
and desirioff to be brought in agiin, forther 
paid, that &e captain hath often told him, that 
he would giro two, Uiree, or ftur hnndrad 
crowns to £md a man to kill Mr. Thynn. 

His further EXAMINATION, taken the igth 
of February, 1688. 

Hesaitli that he had it in his thoughts twice 
la go to Mr. Thjrnn and acquaint him that to 
^ cafytain was resolved to kUl him. That the 
' captain desired him to get an Italian that 
would 9tab a man, and that he this examinalc 
would get two poniards made : and aakinff the 
captain bow he would have them tMule r the 
captain took pen, ink, and paper, and made a 
drought of them, adding that if he could find 
. sUoh an Italian, he would ^Te him three or 
fsnr hmnlred erowns, that tbis^ was before the 
Polottder came over. l%at upon the same day 
when the muider was committed, the captain 
hid him charge the musauetoon with fifteen 
boUets, whereupon he repued, that then they 
ahauM kill the footmen, and aU about the 
coach; the captain answered, it matters not 
lor that. That this examinate charged two 
pistols »one, hut put only *five or aix hnllets 
m the muaywLtnon. That some cf the baUeis 
were wrspt op in rags, with roain powdered, 
which Wovkl bnm. That he heard the cap- 
tain cay (as he tbkks to the PoUmderUfaflit if 
tiw dove ot*Nonnioutfi were with Mr. Thynn, 
■dthing HivBt he done. That the capaain told 
hbs, ? he would assist him in this hnsineas, 
he wccM pTtwuK Um the oommand of a com - 

Ky . That he sitting one day melanehdy by 
mMt the oaptain came to him, and aaked 
himwhsEthasiMd? W heieup on this€inroinaa;e 
■aid, that he had dreamed that four dogadid 

1«t hias, hot that two were chaiiiad, and the 
HTOmght hohl «f ^; upo^ which Ihe 



eaptahi steiied oonoemed, but presentfy 
pMcked out a letter which Was signed Conmgc-* 
mai^ m which was eaipresaed that the count 
gnre the teptain fnll poWr to dispoae of tii« 
captain.'ti««ftenant*s place of his regmiettt, say- 
hiff at the same thne (Ibis .^caminate not beim^ 
Wtftingto receive the letter at Ifirst), What do 
yon Imnk I Would he one of the dogs to bite 
MT deeelte you f That he afleruards saw Co* 
wante the end of the letter the figures of ^MM> 
(which he thinles was to expt«to rilt dollars) 
Imt what they concerned or rehited to, he 
knows not, for being he had seen the power 
to dispose o( the coffipany, he read no fhrther. 

JoH^i ReR£SBT. 
WnxUM BUDGMAM. 



kai* 



THE EXAMINATION 



OF 



GEORGE ^OROSKY, 

A Polaiider, the 17th of February, 1683, before 
Sir J. Reresby, bait., and William Bridg- 



man, esq., two of his Majesty^s Justices ^f 
the Peace for the county of Middlesex. 

Who saith, That he came into England by 
the desire of count Coningsmaric, (expreMea 
Id him by his merchant] at HBmbui;^h) hot 
knew not for what cause ; but afU»> he came, 
eottUt Coningsmark told him on Satniday the 
11th instant, that he had a quarrel witn an 
Eqglish geiMlemaa that had set six persotts 
upon him upon the road, in which conflict he 
was wounded, and two of the assailants weie 
killed. Therefore since the said Mr. Thynn 
did attempt for to kill him, he would make afk 
end of it. He further said, to morrow will 
come a certain sertant to conduct yon to the 
oaptain, and what he bids you to do, that yoti 
are to obeerre. That a person oanfO on Sun- 
day morning about 11 o'clock accordingly, anQ 
carried him to another house, where he found 
the person that conveyed him to tlie captain, 
who toM him that he mi^ do what he hid hhn 
to do, giving him a muequetoon, a case cf nislak 
and a packet pistol, he having a sword before 
riven him by the count ; and the captain fifr* 
nier added, repeating k five or six times, wheh 
we ^ out together, if I stop a coach, do yon 
fire inlo it, and then follow me. They accord* 
ingfly took horse, amd when they itaet the 
OMch, Ihe oaptain having a pistol in his hand, 
cried la the coach, hold, and at the same time 
bid this examinate fire, which he #1 accordiiM^ 
ly . That he being finther examined as to Mr. 
Hanson's knowing any thing of this matter, 
he saith he dodi not know that he doth. That 
as to the arms, there was a blundeihnss, two 
swords, two psff of pistols, three pocket pietoh, 
two pair of boots tied up together in a land of 
sea-bed, and dehvcired to l>r. Dnbsnrfin a 
German dociar, who reoeived them at his ow^ 
house, Jtmn Reuksby 

William Bmdoiun. 



\Vil STATE TRIALS^ 34 Chaum IL 16t%^^'md MiBr$,Jbr Murier. [itS 



fiKUABKS on the Trial of Count CoMD^oiikARi:, by Sir Johk 
Hawi^e3^ SoUcitor-Geueral in the Beign of King William the 
Third. 



I ikmk fit t6 remnwifcnr m tfaa ttmc raepD, 
AoQgii before tbb time, one oaBe, to Arm kow 
tbe coHFta of jv^ice were reniitt m* vioksit, 
teeordng to Im mlijeet matter. 

All will agree that the mufder of Mr. 
Thyme was one of tiie most barinrons and 
ioiMHleBt murdem that ever was eommitted ; 
iM of tliat murder oonad ComDgsiiark, thoogli 
he escaped ponisbmeDt, was the most guilty. 

I do not oom[dain that in that trial the chief 
joitice direelcd.the piiaoner the way to make 
the king^s eoimsel anew tfaecauae or cfaaHenge 
aeaittst the penons called on the jury, and 
ifafleoged ibr ihe kingr, without asT reason : 
It was his duty so to do; and he ouctit to have 
diieded Fitmharris the same method which he 
did not: but he was Blameabie that he did not 
ask the iieutoiabt and Polander what they 
had to any for themselTes, which was always 
done before and since that time, and ought to 
be, which was an injustice; %nd therefore two 
of the prisoners at the time of their sentences 
flud,tbeyweie never tried, though I beKeve 
no gre«t injary to them, because they had 
little or nothing to have said for themselves. 

But if they liad been asked, they would 
have said, as tney did before their trials to ^be 
justice of peace who committed them, and as 
ifaey ^d aHer their oondemnationfl, that count 
Coninesmark put them upon doing what they 
did, whidi might have iimiienced the jury to 
have found the oount guilly, which was con- 
trary to the design of the court ; and it was 
ftrthe same reason the chief justice would 
not permit the justice of peace to read the 
essmination of Stem and'Boroeky. 

1 da agree^ that what they said before the jus- 
tice of peace was not evidence against the oonnt ; 
I agree that the count being imUcted and tried 
as aoeeasavy, at the same time, the principals 
wcra indicted and tried, tiie principals couM 
not be good witness against the count, be- 
cause properly a principal ou^t to be opn- 
victed before the accessory be tried ; and there- 
fore, though for expedition both are ti'ied toge- 
ther, yet the verdict always is, and ought to be 
given against the principal, before that of the 
accessory. 

But I deny what was in that trial hud down 
ftr law, that tiie aiccessery being in the same 
iaSctraent with the principal must be tried at 
the sane time. It is tme, the count desired 
his trial might be put off for two or three days, 
vhieh the court knowing what was best- tor 
tbe count denied, and not for the above pre- 
teamed reasans; for an indictment against 
many may be joint, ^nd yet the trials may be 
isferal ^ Ae truth is, in such cases the indict- 
SaeBl ia joint and several. 

AappMe the neeeasory, at the triah of the 



prine^nla, had not bean in custody; wiO any 
person say, that if aftetwaids he was taken, 
ho canH l»e triad upon that indkstment in which 
he was joined with the principals P 

Bui basidca a hundred pteoedents not printdl 
there is the case of George Salisbury et al< hi 
Plowden,^ )00. whete il was lesohod thikl 
though an iadietnont against many is jomt^ 
yet ttie Venire may he senaral against each 
person and consequently the trials may be se- 
veral ; and, if so, then the times of the toiala 
nw^ be several; but that which into be o6qi. 
plainedof is, that the count, in the opinion of 
allnaankind, at that time andsinee^ was the 
most guiHy man ; yettheoare taken to pniush 
the less guilty, as Stem and Borosk^, was in 
order to let the most ffuflty escape ; lor I think 
both Stem and Borosky might, tod would have 
been good witnesses against the count, if the 
court would have permitted it. The count 
might have been indicted as accessory to Vrats 
only ; for the accessory to all the principals is 
accessory to every of them severally : ana when 
the court in their private consciencen were sa- 
tisAed the count was most guilty, they ought 
to have been cunning, astuti^ as my lord Ho- 
bart calls it, to have brought him to punish- 
ment. But it was said, Stcra and Boroskjt 
being indicted of the same crime with the 
oount th^ could not be good witnesses against 
him, which I think is no more law than truth : 
Truth it wasitot, for the count was indicted a* 
accessory, the rest as principal^. But takinr 
it that idl were indicted and tried as priqctpaB 
for the same fact at the same time, why i$ not' 
the evidence of the one good against the other f 
First, I think there is no express resolution fhr 
that point of law, but a late rule given nl 
Kingston assizes upon the tri^l of a nyud aiid 
one Saterwaite |br bummg of an boose ^ and 
therelbre there is a Uberty to examine hf rea- 
son how the law is. I agree if a man is iq- 
^cted and tried for kSKng onother, he shall 
, not be admitted to say, Bf did it by himself^ 
but T think he may be a good witness to prove 
that he and B. did it ; thaf is to say, he shall 
not give any evidence against anotner, which 
tends to acquit himself as well as accuse ano- 
ther; and I think he m^y give erid^nee whi^^ 
accuses another of the same crinte wliereof he 
is indicted, if it doth not teiid to acqi^ him-> 
self. 

For it is egreed on dl hands, that behi^ 
guilty of the i^me crime, doth not disahlQ. a 
witness ; for then Kumsey ^nd several pi^on^ 
in the lord Bussers plot, aa it waa called, haff 
not been good witnesses. In the ne)[t plaoo, 
the circumstance of an indictment against tbO 
witnesses for the same thiiK^he testifies againirt 
another, do not disable him; Widdrington was ln< 



127] STATE TRIALS, 34CHAftLBS tl. l6li2^^Trial of Lord Grey and ctken, [129 



dieted for the same thinffs, of which he gare en • 
dence against several otners as his complices in 
robberies. Nay^tbelaw hath given somewhat 
more .credit to the evidence of a person bdicted 
as a witness of the same thinffs against others, 
than it does to a person not indicfeed ; as in the 
casepf an approver, which, as Stamford (S. P. 
C. Lib. S. c. 53.) says, was a penon in prison 

Siot at large) for the fact for which he was in- 
ctod, arraigned upon an indictment, or an 
appeal of felony, who before a coroner assigned 
hy die court, confesses himsell' gnflty of the 
felony of which he is indicted, and not of any 
other, and confesses other persons, naming them 
as coadjutors with him in committing the crime 
of whicii he is indicted, and not <jf any other 
crime ; so much credit shall be given to that 
confession, that process shall be made out 
«ffainst the person impeached, who, if taken, 
aball be arraigned on that opproTement, as if 
an indictment by a grand jury had been found 
against him : and if the law gives so much 
credit to an approver, I think no person can 
shew me a reason why a person indicted is not 



a good witness against pother ibr the ssima 
crime. 

It is true, Stamford (8. P. C. lib. 2. c. 58.) 
says, if the king jg^ves an approver a pardon^ 
he is a good witness ; which implies, that 
otherwise he is not : But it must be considered, 
that the reason of that is, that an approver 
being indicted, as he always is, and conressihg' 
the indictment^ is convicted ; and a person con* 
victed of felony cannot be a witness till par- 
doned. But it will be no argument why Steam 
and Borosky had not been good witnesses 
against the count before they were convicted ; 
and it was a like piece of justice, that whereas 
the count wa^ the moat guilty, he was ac- 
quitted. 

Vratzbeingthe next greatest offender, was 
honourably interred, and Stem and the Pom 
lander, who were the least offenders in that 
matter, were hanged in chains. 

It was somewhat like the new England law, 
remembered by Hudibras, (Part 2. Canto S.) of 
hanging an useless innocent weaver for aa 
useful guilty cobler. 



C90. The Trial of Fohd Lord Grey of Werk, Robert Charnock, 
Anne Charnock, David Jones, Frances Jones, ai^d Re- 
becca Jones, at the KingVBench, for a Misdemeanor, in 
debauching the Lady Henrietta Berkeley, Daughter of the 
Earl of Berkeley : 34 Charles II. a.d, 1682* 



There having been an Information nie- 
f erred against the right honourable Ford lord 
Grey of W^rk, and others, by his nu^enfy's 
attorney -general sir Robert Sawyer, the first 
day of this Miohaebnas-Term ; and the lord 
Orey having then pleaded to it Not Guilty, 
and the other defendants, the like afterward, 
and the king's attorney joined issue upon it ; 
Tuesday the S 1st of November 16&2, was ap- 
{MMnted for trial of this cause ; but it was then 
a4ioumed to this day, because one 6f the wit- 
nesses fiir the king was not ready ; but this 
day it came on about nine in the morning at 
the King's- Bench-bar, and hdd till two in the 
afternoon, all the judges of the said Court bein^ 
present : viz. Sir Francis Pemberton, C. J. sir 
Thomas Jones, sir William Dolben, and sir 
Thomas Raymond. 

First, Proclamation was made for silence, 
and then for information, if any person could 
give any, conoeming the misdemeanor and 
offence whereof the defendants stood im- 
peached : then the defendants being called, 
and appearing, were bid to look to their chal- 
lenges, and the jury being all gendemen of the 

* See Emlyn's Preface, vol. 1, p. xzxIf, of 
ftu9 Collection. 4 Bkdutone's Conunenta- 
/ies 0^, and Mr. Christian's Note. 4 Hawk. 
Pleas of the Crown, p. 409. 410, 7tli edition, 

a Leach, and the books there cited. East's 
Cr. chap, il, sect 10, chap. 9, sect, 3. 



county of Surrey, were called, challenged and 
sworn in this oraef. 

CL of Cr, 1. Sir Marmaduke Gresham ; i 
Sir Edward Bromfield ; S. Sir Robert Knight- 
ley; Sir John Thompson. 

Serj. Jefferiet. We challenge him for tha^ 
king. 

Mr. Holt. Then we challenge tauti per 
atfaiUy unless the king shew his cause of chd- 
lenge ; for by the statute of 24 Ed. 1, the king 
cannot challenge without cause. 

Seirj. J(^. But by the course of practice, all 
the pannel must be called over before the long 
shew his cause. 

Mr. Attorney Oeneral. (Sir Robert Sawyer) 
Before the party can have his challenges al- 
lowed, he must shew his cause; but they 
must go on with the pannel in the king'^ case, 
to see if the jury be full without the persona 
challenged, and that is sufficient. 

X. C, J. (Sir Francis Pemberton.) If they 
challenge any persmi for the kiiu^ , they must 
shew cause m due time. For I take the couise 
to be, that the king cannot challenge without 
cause, but he is not bound to shew his causa 
presently ; it is otherwise in d^ case of ano- 
ther person. 

Serj. J# That hath always been the re- 
gular course. 

Mr. Holt. Our challenging toutg per availe^ 
doth set all the rest aside til! cause be shewn. 

JLC.J. The statute is, the king shallahev 

a 



TRIALS, 



^ li^^^^J" !i.^u"^**S I n<>"«ble Ford lord Grey of Wei*; Robert 
aiKi m^er wrty that they botK Chamock. late of the paVish of sT-BotohA, 

flhRll «hew «„«. Aldeate, London, gent Anne Chamock, Wife 

of the said Robert Chamock ; David Jones, 
of the parish of St. Martin-in-the- Fields, in 
the county of Middlesex, raiUiner ; Frances. 
Jones, wife of tlie said David ; and Rebecca 
Jones, of the same, widow ; for that they 
(with divers other evil-disposed persons, to the 
said attorney general yet unknown) the 20tk 
day of August, .in the 34th year of the reign 
of our sovereign k)rd the king that now is, and 
divers other days and times, aa well before a^ 
after, at the parish of Epsom in the county of 
SuiTey, falsely, unlawfully, unjustly, and 
wickedly, by unlawful and impure wajs and 
means, conspiring, contri\ ing, practising, and 
intending the final ruin and destruction of tlie 
lady Henrietta Berkeley, then a virgin unmar- 
ried, within the age of 10 years, and one of the 
daughters of the ri^lit honourable George earl 
of Berkeley (the said lady HenrietU Be^eley , 
then and there being under the custody, go- 
vernment' and education of the aforesaid right 
honourable George earl of Berkeley her father) 
they the said Ford lord Grey, Robert Char- 
nock, Anne Chamock, David Jones, Frances 
Jones, and Rebecca Jones, and divers other 
persons unknown, then and tliere falsely, un- 
Ia\vnUly, and devilishly, to fulfil, perfect, and 
bring to effect, tlieup most wicked, impious, 
and devilish intentions aforesaid ; the said lady 
Henrietta Berkeley, to desert the aforesaid 

H. B. ad deferend' prefat' prenobifem G. C B. 
patrem pred' Dom' H. et ad Scortac' fornicat* 
et adulteiium committend' et in scortat' for- 
nicat' et adulter' cum prefat' F. D. G. (eodeni 
F. D. G. adtunc et diu antea et adhuc marito 
existen' Dom* Marie al* fd' pi«d' prenobir G. 
C. B. et sorer' pred' Domine H.) contra omnes 
leges tarn divin' quam human* impie nequit* 
impure et scandalose vivere et cohabitare tenta- 
ver' incitaver' et solUcitaver' et quilibet eorum 
tunc et ibidem tentavit incitavit et sollicltavit 
Etquod prcd' F. D. G. R. C. &c. ac aP pei-son* 
ignot' VI et armis, &c. iUicite injaste sine li- 
centia et contra voluntat' preiat' prenobil' G. 
C. B. in prosecution' nefandissimar' conspirac' 
suar' pred' prefat' Dom' H. B. ibidem circa 
horam 12 in nocte pred' 20 diei August' Anno 
suprad' apod pred' Pai-och' de E. m Com' S. 



the king and another party 

challenge, the other pwty shall shew' cause 

first. 

Mr. Hoi£, My loid» we challenge toutx per 
rntaile. 

' I^C, J. You must shew a reason lor it then. 

Att, Gen. The king shall not be drawn to 
■hew his cause, if there be enough in the 
pannel besides. 

Mr. Williaam. That is to say then, that the 
king may choose whom he pleaseth against 
the statote. 

Seij. j,^^ No, Sff, we desire none but honest 
and indiflerent gentlemen to try this cause. 

H. C. J. The old challenge is taken away, by 
tiiat statute, from the king, < quia non *^sunt 
* boni pro Domino Rege,' and therefore if the 
long* ^allenge any, he must shew cause, but 
it must be in bis time, and not befofe you shew 
your's. Let him stand by a-while. 

CL jtfCr. John Sandys, esq. 

Sag. Jeff, We challenge him for the king. 

Mr. HoU. For what cause. Sir? 

Serj. Jeff. We ^ill tell you in good time. 

CI. ofCr, 4. Sigismund Stiddulph ; John 
Weston. 

Mr- Weston, My lord, I ani no freeholder. 

Mr. Holt. He challenges himself. 

i. C. J. WeD, he must be set aside., 

a. cf. Cr. 5. Thomas Vincent ; 6. Philip 
Rawleigh ; 7. Robert Gavel; 8. Edward 
Bray; 9. Thomas Newton ; 10. JohnHalsey^ 
11. Thomas Burroughs, and 12. John Petty- 
ward. • 

CL qfCr, Gentlemen, you of the jury that 
are sworn, hearken to your charge. 

Surrey a. Sir Robert Sawyer, kt. his ma- 
jesty's attorney general, has exhibited an In- 
formation* in this Court, against the right ho- 



* The Ldtin Indictment runs thus : 

Rex vertus Dom' Gray. 
Mich. d4 Car. Secundi. Rot. 1. 

If. Oood Ford Dom' Gray de Wark R. C. 

Duper de, &c. Gen' A. C. Ux' pred' R. C. D. 

J. F. J. ux' pred' D. J. et R. I. cum divers' 

al' male dispoit' p'son' eidem Attorn' dicti 

Dom' Regis nunc general' adhuc incognit' 20 

die Augtusti Anno uegni Dom' Caroli secundi 

nunc Reg^ Angl*, &c. 34 et divers' aP dieb' . -~^ ^ ^„^„ * «.«^„ «^ «. ^ v^^m „, 

et vidbus tam antea quam postea apud Pa- pred' e domo mansional' pred' prenobiP G. 

roch' de Epsom in Com' Surr' ialso illicitc C. B. ibidem scitu^t' et existen' et e custod' et 

Regimine ejusdem G. C. B. ceper' asportaver' 
et abduxer' Et pred' Dom' H. B. a pred' 20 
die August! Anno suprad' et continue postea 
usque diem exhibition' hujus information apod 
Paroch' de E. pred' in Com' pred' et in divers' 
locis secret' ibidem cum prefat' F. D. G. illi- 
cite nequit' et scandalose vivere cohabitare et 
remanere procuraver' et cansaver' et quflibet 
eorum procoravit et causavit in Magn' Dei 
Omnipotent' displicent' Ad ruin am et destruc- 
tion' preiat' D. li. B. et amicor' suorUra tiis- 
titiam et disconsolat' in malum st pernitiosvuu 
exemplu', ice, Und«, &c, * 

K 



iapiste et nequissime per illicitas et impuras 
Tias et medias conspiran' machinan' practican' 
etiatenden' final* ruinam et destruction' Do- 
mine Henriet' Berkley tunc Virgin* innunt' 
iaSn etatem 18 Annor' et un' iilia' prenobilis 
G. Conit' Berkley (eadein Dom' H. B. tunc 
et ibidem sub custod' Jl^mine et educat' 

wnenobi" 

frdDc 

J- — « ignot* ^ 

joste et diabolice ad nequissimas nefandissimas 
et diabolicas intention' suas pred' perimplend' 
peifidend' et ad effectum redigsod' pred' Dom' 
roL IX. 



131] STATE TR1AL8, 34 CttAfttE3 II. l68S.— Tria/ 6f Lard Grey and tfthrB, [1 S« 

right honouraible George earl of Berkeley, 
father of the atbresaid lady Henrietta ; and to 
commit whoredom, fornication, and adultery, 
«nd in whoredom, fornication, and adultery, 
to live with the aforesaid Ford lord Grey (the 
6aid Ford lord Grey, then and long before, 
and yet, beinj? the husband of the lady Mary, 
another dan^ter of the said right honourable 
Cicorci'e earl of Berkeley, and sister of the said 
lady iTenrietta) ag;ainst*all laws, as trell divine 
to nninan, impiously, wickedly, impurely, and 
«c&iidalously, to Kvc and cohabit, did tempt, 
invite, and solicit, and every of them, then 
and there, did tempt, invite, and solicit. And 
that th^ aivresaid Ford lord Grey, Robert 
Cfaamock, Anne Chamock, David Jones, 
Frances Jones, and Rebecca Jones and Olher 
persons unknown, with force and arms, &c. 
unlawfully, unjustly, and t^ithont the leave, 
and a^fainst the will of the afoi>^d right ho* 
iiourable Oetfr^ eail of Befketey, in nrosc- 
cutron of their most wicked cimspiracies 
aforesaid ; the said lady Itenrietta BtHteley, 
ihen and there, about tnC hour of t^'elve m 
tlie night-time, of the said 20th day of August, 
in the year aforesaid, M Ihe afortsaid parish 
ff Epsom hi the county of tSftrrey afbresaid, 
«nt of the dwefling-house of thfe said right 
fcononrable George earl of Berkefry there 
iitimte and being, and offt of tlie custod}' and 
govcrnnrent of the said carl of Berkeley, did 
take, cany, and lead away. And the said 
lady Henrietta Berkeley, hotn ihe said 20th 
day of Aunpust in the yeJtr aforesaid, and con- 
tinually afterwards, onto the day of the exhi- 
bition of this information, at the parish of 
Ej>som albresaid, in tlie county of Surrey 
aforesaid, and in divers secret places there 
with the said Ford lord Grey, imlawfully, wick- 
edly, and scandalously to live, cohatnt, and 
remain, did procure and cause, and every of 
them did procure and cause, to the great dis- 
pleasure of Almighty God, to the ruin and 
destruction of the said lady Henrietta Berke- 
ley, to the grief and sorrow of aU her ii-irnds, 
and to the evil and most pernicious example of 
all others in the like case offciidinsr; and 
a^.unst the peace of our Haid 80Ter€;i,Ti lonl the 
kin^', his croAvn and dijnjitv. To this infor- 
mation, the defendant, ihc lord Grey, and the 
other defendants, have Kcverally pleaded Not 
Guilty, and for their trial, have put iliemselves 
lij)on the country, and the king's attorney like- 
wise, Hliich country you are : your chai^' is 
tp enquire whether the defendants, or any of 
them, are Guilty of the ofl'ence and misde- 
meanor whereof they stand impeached by this 
informatiou, or not Guilty : if you find tiiem, 
or any oftliem, Guihy, jou are to say so ; if 
you ftnd fliem or any of them, not Guilty, you 
are to say so, and no more, and hear your 
evidence. 

[For which evidence to come in, proclama- 
tion was iiiade, and then Edward ^i^uith, tf^, 
a Bt?n(lier ofilie i^Iiddk-Temnle, oiiened the 
iHtormaiiou.] . 



Mr. Smith, May it nlease y onr lordship, and, 

gnitlemen, you of tiie Jury ; Mr. Attorney 
eneral hath Exhibited an information in this 
court, against Ford lord Grey of Werk,' Ro- 
bert Chamock, Anne ChamocK, David Jones^ 
Frances Jones, and Rebecca Jones, wherein 
is set forth. That the defendants, the 90th of 
August, in the d4th year of this king, at Ep- 
som, in your county, did conspire the ruin and 
titter destruction of the lady Henrietta Ber-^ 
keley, daughter of the right honourabte 
George earl of Berkeley ; and for the brin^in^ 
about this conspiracy, they have ticdncod her 
to desert her father's house, thoQgh she be 
under tlie age of 18 years, and under the cus- 
tody and governmoit of- her fkthfer ; and so- 
licited her to commit whoredom and adultery 
with rtiy lord Grey, who was before married to 
the lady Mary, anothdr danghter of the earl of 
Berkeley, and sister to the lady Henrietta. 
That alitcr fhey had thus inveigled her, they 
did upon the same 30ih day of August, carry 
heir away Out of the Ivouse, without the earl^ 
licence, and against Ims will, to the intent di« 
might live an ungodly and dishonourable fife 
tViUi my lord Grey. And aftet they had thu» 
carried ner away, they obscured her in secret 
places, and shifted abottt from place lo ptacc, 
and continued this course of life ever since. 
And thbtiie infonnation says, is to the dis- 
pleasure of Almighty God, the litter roin of 
tlie young lady, tne grief and affiictiou of her 
fiiends, the evd example of all others in the liktt 
case offending, and against the king's peace^ 
his crown and dignity. To this all thes6 de- 
fendaofs have pleaded Not Guilty ; if we shall 
prove them, or any of them, Guihy of any of 
the matters charged in this information, yon* 
shall do well to find them Guihy. 

Att. Gen, My lord, and gentlemen of tha 
jury, the course of our evidence will be this ; 
That this unhappy gentleman my lord Orey^ 
has for four years togetlser, prosecuted aa 
amour with this young lady ; and when it 
came to be detected (some little accident dia- 
covering somewhat of it) my lady Berkeley 
did find there was some bnsiness of an extra- 
ordinary nature between tbem, and thereupon 
forbid my lord <>rey her house. My lord 
Grey he made many pretences to my lady, 
that he might come to tt;c house to give them a 
visit before he dopartf c, being to go into the 
country ; and he takes that opportunity to 
settle this matter of conveying the young lady 
away in a very short time. And early on the 
Sunday rooming, she was, by Chamock, ano- 
ther of the defendants, conveyed from die 
house of my lord Berkeley at Fpsom, and 
brought here to I>oudon. We shall in the 
course of our evidence ^^hew how she was 
shitleil from place to place, and the nevend 
pursuits tluit wero made in search af)iei'her. 
We shall discover to you, how she was hur- 
ried from one lodging to anotlier, for fear of 
dis/w ery. Nay, we shall prove, that my lord 
Cirey has owned and confesnf d thnt he had 
her, that she was in hL» caie and custody, and 



iSS] STATE TRIALS, 3i Ch^ELES II. 1 SS^.-^/or debauciing Luiy H. BerMeif. [ 134 

tliat be onmed tbe severel instaooes of his 
««wan. But I had rather the evidence should 
^eak it, than I open so much as the nature of it. 
Sol. Gen. Mv lord, we shall call our wit- 
nesses, who win very fully make out thb evi- 
dence that 3Ir. Attorney has opened to you. 
TTiat my lord- Grey did a long time make love 
to this young lady, thoug^h he were before 
uianied to her "sister. This treaty was disco- 
vered by my lady Berkeley last summer, upon 
an accident of surprising the young lady in 
writing a letter to my lorf, and thereupon my 
lady Berkeley chaigeth my lord Grey with 
these applications to her daughter, that did so 
moch misbecome him. My lord Grey was 
then so sensible of his fault, that he seemed 
Tcry foU of penitence, and assured my lady, 
he would never do the like again, and earnestly 
desired her by all means to conceal it from my 
lord Berkeley ; for if this sliould once come 
to be known to him^ he and the young lady 
would not only he ruined, but it would occa- 
sion an irreparable breach between the two 
families, and of all friendship between my lord 
Beikeley and him. And therefore he desired 
n»y lady Berkeley (who had justly forbid him 
her boose for this great crime) lest the world 
should inquire into tbe causes of it, and so it 
should come to be known, tliat his banishment 
from her house mi^fat not be so soon or sudden P 
But he begs^ed of her ladyship, that he mi^t 
be pennitted to nudce one yisit more, and with 
fllthe protestations in the world assured her, 
it was not ivith any purpose of dishonour, 
that he desired to come and see her, but that 
bis dmrture might be by degrees, and so the 
kw taken notice of. When my lady had thus 
char^ my lord with his unwortliy carriage to 
hfirfiumily, and he had seemed thus penitent 
forit, she chaiges her daughter also, with her 
Iping any aDowaaoe to tnese indecent prac- 
tices of my lord's ; she thereupon fUls down 
on her knees to her mother, to ask her pardon 
^ her great offence, and, with tears in her 
eyes, confessed she luiid done verv much amiss, 
ind did hnnably hope she mignt obtain for- 
giveness fbr it, being yotmff, and seduced by 
jnylord Grey, and promised she would see 
kini no more, nor have aoy thing more to do 
with him. Illy lord Grey he is permitted to 
come once more to the house, upon those as- 
severations andpromii^es of his, tliat it should 
be with no dishonourable purposes in the 
workL It waA, it seems, in his way to his own 
house at Sussex, but coming thither, he takes 
to occasion to continue there, and stay a little 
^ long for a visit; whereupon my lady 
Bertceley began to suspect it was not a transient 
visit became to make at her house, but that he 
had some ill design in prosecution of tbe same 
fiiuH that he bad been so long guilty of. 
And that suspicion of her's was but too well 
giounded, as appeared afterwards. Our wit- 
n«ae8 will tell you, that my lord Grey, just bc- 
Xsre his departure, was obscn'ed to be very so- 
licitOQs and earnest with his man Cbaruock 
(whom we shall prove by undeniable evidence 

3 



to be tbe man that conveyed her away) giving 
him some directions with "great earnestncijs, 
what to do was indeed not heard, ^ut the event 
win niainly shew it. For my lonl Grey Uiip- 
self, ne went on his journey into Sussex, and 
lay ^ Guilford that night she was carrietj away, 
and the next morning she was missin;^. There- 
upon my lady sends after my lord Grey, justly 
suspecting hi in to be guilty of tills violence 
and outrage oflered to lier'dauglitcr and fe- 
ipil^^, and they overtook him at Guilford, be« 
fore he was got any further on liis journey, and 
there acquaint him the lady was carried away, 
and that my lady suspectcdf (as well she might) 
he knew whither. Tlien immediately he 
makes haste up to town, and writes ray lady a 
letter, that truly he would take care to resioivj 
peace to tbe family, that by his folly bad been 
so much distuii>ed : And there were* some 
holies of retrieving the matter, ^hat this scaa- 
dal upon so noble a family roigbt not he made 
public \ for certainly an ofTcnce of this nature 
was not fit should be so, nor indeed was ever 
heard of in any Christian society ; I am sure 
I never read of jmy such cause in the courts of 
law. And it was impossible any way to have 
prevented the scandal, but that which my lady 
took, to pass over all, by desiring to have her 
child restored again to her, before such time as 
it was gopje so tar, as there is too gi'eat rea- 
son to suspect il now is. But after that, my 
lord Grey was so far from performing what lie 
had so solemnly promisea, and making the 
matter up, that he stood upon terms ; he was 
master of the lady, and he >VQ\ild dispose of 
her as he thought ^t : Third jiersons and 
places must be appointed where* she must b« 
disposed of j vrith capitulations, that he should 
see her as often as he thought fit ; which was 
(if possible) a worse indignity than all that he 
baa done betbre. 

We shall prove to vour lordship, that he did* 
a long time befbre this violence was oficrcil, 
make applications to this young lady, and that 
must (as any man will believe) be ^pon no 
good account. We shall shew all tlie base 
transactions in carrying away tlie lady, after 
tliat confidence which my lady reposcsj in his 
protestations to do nothing dishonoumhly, so 
as' to admit him to make a visit; which cer- 
tainly was the greatest breach of the vor\' laws 
of human society, against all the laws of hos- 
pitality, besides the great transgrcssioir of the 
laws of God and men. Yet even then, he se- 
duced the lady away. For we shall plainly 
prove she was carried away by hi« coachman 
that once was, afterwards nis gentleman, and 
how she was from time to time conveyed ^o 
and fro. 

Mr. Serj. Jeff. This story is indeed too me- 
lancholy to he often repc&tea, tbe evidence had 
better tell it : only this one aggravation I would 
take notice of, which will he made out in tlie 
proof toyou of this matter charged ; and tliat 
IS this. That mv lord Grey, after such time us 
it was known she was iu nis power, ga\ e one 
reason for his not delivering her up, (u^id 1 am 



135] STATE TRIALS, 34 Charles II. 1 682.— Tnfl/<>/JLoriGrfyflarfolA«r#, [t36 



sorry to see his lordship should think it a rea- 
son) he bad inquired how far the law would 
eietend in such a case, and that be knew, aud 
Could ffive a prec^ent for it (which the wit- 
ness will tell you of) that the law could not 
reach him ; and that as long as he had i^n 
Such a course for obtaining tl^t which was his 

greatest pleasure, he would not now part with 
cr, but upon such terms, that he might have 
Kccess to her when he pleased. To such a 
height of confidehce was this gentleman ar- 
rived, in tliis barbarous and infamous wicked- 
But, as I said, it is a story too black t« 



ness. 



be aggravated by any thinp^ but by itself; we 
shall therefore cq\\ our witnesses, and prove 
our fact. 

[About this time the lady Henrietta came 
into the court, and was set by the table at the 
judges feet.] 

Earl of Berkeley. My lord, my daughter is 
here in court, I desire sne may be restored to 
roe. 

Seij. Jeffl Pray, my lord Berkeley, give os 
leave to go on, it will oe time enough to move 
that anon. Swear my lady Berkeley ; (which 
was done, but she seemed not able to speak). 

Sol. Gen, I perceive my lady is much moved 
at the siglit of her daughter. Swear my lady 
Arabella tier daughter. (Which was done).* 

Serj. Jeff. Pray, mad&m, will you acouaint 
my lords the judges, and jury, what you know 
concerning the letter ycfa discovered, and how 
you came by that discovery ? 

Lady Arabella. My mother coming to my 
lady liarriett's chamber, and sedng there a pen 
wet with ibk, examined her where slic had been 
writing. She, in great confusion^told her she 
had b^n writing her accompts. My mother 
not being satisfied with her answer, commanded 
me to search the room. Her maid bcin^r then 
in the room, I thought it not so much tor her 
honour to do it then. I followed my mother 
down to prayers ; after prayers were done, my 
mother commanded my lady Haniett to give 
me the keys of her closet and her cabinet. 
When she gave me the key, she put into my 
hands a letter, which was written to my lord 
Grey, which was to this effect: * My sister 

* Bell did not sus]>ect our being together last 

* night, for she did not hear the noise. I pray 

* comcagain Sunday or Monday, if the last, 1 

* shall be very impatient.'— I suppose my lady 
Harriett gave my lord Grey intelligence that 
this was tou]>d out ; for my lord Grey sent bis 
servant to inc, to acquaint me he desired to 
speak with me. When he came in first, she 
(J mean my lady Harriett) fell down upon the 
ground like a dead ciieature. My lord Grey 
took her un, and afterwards told me, said he, 
' You see how far it is gone between us 5* and 
he declared to me, he bad no love, no consi- 
deration for any thing upon earth but for her ; 

* I mean dear lady Hen,' said he to me, for 
I say it just as he said it. And after this, he 
told me, he would be revenged of all the fa- 
mily, if tliey did expose her. I told him it 



would do us no injury, and I did not value 
what he did say ; for my own particular, I de- 
fied him and the Devil, and would never keep 
counsel in this affair. And afterwards, when 
he told me be had no love, no consideratipn for 
any thing upon earth but her, I told my Jady 
Harriett, * I am very much troubled and amaz- 
ed, that you can sit by and hear nay lord 
Grey say and declare, he has no love for any 
but you, no consideration for any one upon 
earth but you, when it so much concerns 
my sister ; for my part it stabs me to the 
heart, to hear him make this declaration 

against my poor sister Grey' [Here she 

stout a while. J 

Sen. Jeff". Pray go on, madam. 

liady Arabella. After this she said nothnig ; 
I told her, I suspected my woman bad a hand 
in it, and therefore I would turn her away. 
This woman, when my lady Harriett ran 
away, being charged with it, swore she bad 
never carried any letters between them; but 
after my mother's coming to London, both 
the porter at St. John's, and one Thomas 
Plomer accused her that she had sent letters 
to Chamock, who was my lord Grey's coach- 
man, now bis eentl^man. I told her. then, I 
did much wonder, she being my servant, should 
convey letters between them without my know- 
ing : she then confessed it to me, but withal 
she told me, * How could I think there was 
< any ill between a brother-in-bw and a sister?* 
And upon this she confessed to me she had 
sent letters to Charnock, though before she 
had forsworn it. 

Att. Gen. Madam, have you any thing far- 
ther to testify in this cause ? Have you any 
matters that you remember more P 

Lady Arabella. There is more of it to the 
same effect ; but all of it is only to this effect. 

L. C. J. My lady Arabella, pray let me ask 
you, have you any more to say to this matter? 

liftdy Arabella. It is all to this purpose. 

Seij! Jeff] Then if you please, madam, to 
turn now your face this way towards the gen- 
tlemen of tlie jury, who have not heard what 
you said, and give them the same relation that 
yon gave to the court ; and itny be pleased to 
lean over the scat, and expose yourself a little^ 
and let them have the same story you told be- 
fore, and pray tell the time when it was. 
[Then she turned her face towards the bar.] 

Lady Arabella. It was in July, Sir. 

Serj. Jeff. Pray, madam, tell what happened 
then. 

Lady Arabella . In July last, some time then , 
my mother came into my lady Harriett's 
chamber, and seeing a pen wet with ink, she 
examined her who she nad been writing td. 
She, in ereat confusion told her, she had heen 
writing her accompts, but my mother was not 
satisfied with that answer. *The sight of my 
lord Grey doth put me quite out of countenance 
and patience. — [Here she stopped again.] 

[My lord Grey was then by the clerks under 
the bar, and stood looking veiy stedhotly upom 

her.] 

— 



137] STATE TRIALS, 34 Charles H. i682.— /or detauching Lady H.Serkeky. [15« 



L C. J. Pray, my lord Grey, sit down (which 
k did). It is not a very extraordinary things, 
ftr a witness, in such a cause, to bedash^ 
Mt of coantenance. 

£. Off Berkeley. He woald not, if he were 
Ml a Tery impudent barbarous man, look so 
eenfidently and impudently upon her. 

Serj. Jeff. My lord, I would be rery loth 
lode^ otnerwise than becomes me, with a 
person of your quality, but indeed this is not 
» handsome, and we must desire you to sit 
4own. Pray go on, madam. 

lisdy Arabella. After this, my mother corn- 
Banded me to search my lady l^rriett's room ; 
ks maid being then in the room, I thoug^ht it 
not s> much lor her honour to do it then. I 
fiiUowed my mother down to prayers. After 
pfayers were done, my mother ^commanded 
my lady Harriett to give me the keys of her 
cabinet and of her closet, and when she gave 
me the keys, she put a note into my hand, 
wbich was to my lord Grey ; and that was to 
tibb efiect : * My sister Bell did not Suspect 
' oar being toother last night, for she did not 
' bear any noise : pray come again Sunday or 
' Monday, if the last I shall be very impatient.' 
I suppose my lady Harriett gave my lord Grey 
imetligence of this, for he sent a servant to tetl 
me he desired to speak with me. Upon his 
first coming in, my lady Harriett fell upon the 
ground like a dead creature, and my lord Grey 
took her up, and said, < Now you see how far 

* it is gone between us : I love nothing upon 
' earth but her ; I mean dear lady Hen,' said 
he to me ; « and if you do expose her, I will 

* be revenged upon you and all the family, for 
*■ I hare no consideration for any thing but 
< her.' After that I told him, We defied him, 
he could do us no injury; and for my own 
particular, I defied him, and the Devil and all 
ms woH^ and would not have any thing to do 
with sncfa a correspondence. After this, I told 
my lady Harriet, I was mach fronbled and 
amazed, that she should ^t by and hear my 
lord Grey, her brother- in -Uw, say he had no 
Goosideration for any thing on earth but her. 

* For my part,' said* I, ' Madain, it stabs me to 

* the heart, to hear this said against my poor 

* sister Gr^.' I told her, I suspected my 
woman had an hand in this affair, and there- 
five I would put her away. Afterwards, the 
same day my lady Harriett ran away, this wo- 
man came to me ; and I then told her, * Yon 
' have mined her,' and asked her, ' Why 

* would you send letters between my lord Grey 

* and my lady Harriett?' She denied it, and 
swore she never did it, but when we came to 
London, the porter of St John's came and ac- 
cused her or conyeying letters to Chamock, 
my lord Grey's gentleman, formerly his coach- 
maa. I then asked her again apout it ; she 
tbea acknowledged to me she tad done it. 

* Bat, madam,' said she, < how could I think 
' there could be any prejudice or iU between a 

* broliKr-in-taw and a sister-in-law ?' fbiid I, 
' Were not you my ssrvant ? Why did you not 
^tdl me? Beaidesy you know we liave all 



* reason to hate Chamock for a great many 

* things.' This is all I have to say tliat is ma- 
terial, all else is to the same effect. 

Seij. Jef, Now this matter being thus dis- 
covered to the countess of Berkeley, this unfor- 
tunate youdg lady's mother ; she sent for my 
lord Grey, and we shall tell you what hap- 
pened to be discoursed between them two, and 
between the lady and her mother, and what 
I promises of amendment he made. My lady 
Berkeley, pray will you tell what you know. — 
[She seemed unable to do it.] She is yery 
much discomposed, the sight of her daughter 
doth pot her out of order. 

Lady Arabella. I have sometliing more to 
say, thatis,! told my Uidy Harriett, after my 
lord Grey had made bis declaration of his lova 
to my sister, to me, that if ever he had the im- 
pudence to name her name to me, I would im- 
mediately go to ray father, and tell him all 

[Then the Countess leaned forward, with her 
hood much orer her face.] 

Ah. Gen. Pray, my lady Berkeley, com- 
pose yourself, and speak as loud as you can. 

LaAy Berkeley. When I first discuvsred this 
unhappy business, how my son-in law, my 
lord Gr^, was in love >vith his sister, 1 sent to 
speak with him, and I tuld him he had done 
barbarously and basely, and falsely with me, 
in having an intrigue with his sister-in-law. 
That I looked upon him, next my own son, 
as one that was engaged to stand up for the 
honour of tnyfamUv, and instead ot that, he 
had endeavoured the ruin of my daughter, 
and had done worse than if he bad murdered 
her, to hold an intrigue with her of criminal 
love. He said, he did confess he had been 
false, and base, and unworthy to me, but be 
desu«d me to consider (and then he shed a 
great many tears) what it was that made, him 
guiltv, and that made him do it. 1 bid him 
speak. He said he was ashamed to tell me, 
but I might easily guess. 1 theu said, what ? 
Are you indeed in love with your sister-in- 
law Y He fell a weeping and said, be was un- 
fortunate ; But if 1 made this business public, 
and let it to take air (be did not say this to 
threaten me, he would not have me to mistake 
him) but if I told my lord her father, and his 
wife of it, it might make him desperate, and 
it might put such thoughts into his wife's 
bead, that might be an occasion of parting 
them; and that he being desperate, he did not 
know what he might do, he might neither con- 
sider family, nor relation. 1 told him this would 
make him very black in story, though it were 
her ruin. He said that was true, but he could 
not help it ; he was miserable, and if 1 knew 
how miserable, I would pity him : He had the 
confidence to tell me that. And tiien be de- 
sired, though he said i had no reasion to hear 
him, or take any counsel he gave me (and all 
this with a great many teai*s) as if he were my 
son Dursley, that 1 would keep his secret 
* For my lord, if he heard it, would be in a 

< great passiob, and possibly, he might not be 

< able to contain himself, but let it hasak out 



I 

139] STkTETRlALi, $4, CukRhZS II l6S2.'-Trial of Lord Grey ^udoiAa-M, [140 



*into the world. He maj calTroe rogue aii4 

* rascal perhaps in his passion, said he. and I 

* should be sorry for it, out that would oe all I 

* could do, and what the eril consequence might 

* be*, he knew not, and thereftbre it were best to 

* conceal it.' And after many words to pacify 
me, though nothing indeed could be sumcient 
for the injury be had done me ; he gaye it me 
as his advice, that I would let my dau|^ht|er Har- 
riett go abroad info public places with myself, 
and promised, if I did, he would sdways avoid 
them. For a young kuly to sit always at home, 
he said it would not easily get her out of such 
a thing as this. And upon this he said affaih, 
he waste go out of town with the D. of M. in 
a few days, and being he had beea frequently 
in the family before, it would be looked upon as 
a \ ery strange thing, that he went away, and 
did not appear th^ to take his leave. He 
promiseil me, that if for the world's sake, and 
for his wife's ^e (that no one might take no- 
tice of it) I would let him come there, and sup 
before he wetit into the country, he would not 
offer any thing, by way of letter or otherwise, 
that might give me any ofience. Upon which 
I did let him oome, and he came m at nine 
o'clock at night, and said, I might very well 
look ill upon him, as my daughter also Jid (his 
sister Bell) for none else in au the family knew 
any thing of the matter but she and 1. After 
supper he went away, and the next night he 
aent bis page (I think it was) with a letter to me, 
be gave it to my woman, and she brought it 
to me ; where he says that be would not ^o 

opt of town. If your lordship please I wd] 

give you the letter— But he said, he feared 

mv apprehensions of him would continue. 

Tbere is the letter. 

X. C. J, Show it my lord Grey, let us see if 
he owns or denies it 

Lord Grey. Yes, pray do, 1 deny nothing 
that 1 have done. 

Mr. Just Doiben, Be pleased, madam, to put 
it into the court 

Att, Gen, It isonly about his keeping away. 

X. C. J. Shew it mv lord Grey. 

Help. Jeffl With sufimission, my lord, it is 
fully proved without that 

X. V: X Tlien let the clerk read it, brother. 

CL of Crown, There is no direction, that I 
see, upon it. It is subscribed Grey.— [Reads.] 
** Madam ; 

t* After I had waited on' yonr ladyship last 
night, sir Thomas Armstrong came from die 
D. of M. to acquaint me that he could not pos- 
sibly go into Sussex ; so ^t journey is at ad 
end. But your ladyship's apprehensions of me 
I fear will continue : therefore J send this to 
assure you, that my short stay in town diall no 
way disturb yourKdyshi|>; it I can contribute 
to your quiet, by avoiding all places where I 
may possibly see the lady. I hope your lady- 
ship will rememl^r the promise you made to 
divert her, and pardon me for minding 3rou of 
it, sbce it is to no other end that I do so, but that 
she may Aot sufCer upon my account; I am 
mut if she doth not in your ojpioion^ she never 



shall any other way. I wish your ladyship all 
the ease that you can desire, and more qoiat 
than ever I expect to have. I am with great 
devotion, Your ladyship's most humUe, and 
obedient servant. Grey.** 

Att. Gen, Madam, win you please to go mi 
with your evidence. 

Lady Arabella, I have one thing more to 
say : After this, three or foyr days afler this 
ugly business wa*^ found out, I told my lady 
Harriett, she was to go to my sister Dursley^s. 
She was in a gfreat anger and passion about it, 
which made my mother so exasperated against 
her, that I was a great while before I g^ m j 
mother to ffo near her again. 

Seij. Jen. My lady Berkeley, please to go on ? 

Lady Berkeley, n'hen I came to my daughter, 
(my wretched unkmd daughter, I have been so 
kind a mother to her, and would have died ra^ 
ther, upon the oath I have taken, than have 
done this, if there bad been any other way to 
reclaim her, and would have done any thing to 
have hid. her faults, and died ten times over, 
rather than this dishonour should have come 
upon my family.) This child of mine, when I- 
came up to her, fell into a mat many tears, 
and begged my pardon for what she had donv, 
uid 9aid, she would never continue any conver- 
sation with her brother-in-law any uiore, if I 
would forgive her ; and she said all the things 
that would make a tender mother bellevt her. 
I told her, I did not think it was safe for her to 
continue at my house, for fear the world should 
discover it, by my lord Grey's not coming tp 
our bouse as ne used to do ; and therefore I 
would send her to my son's wife, her sister 
Dursley, for my lord Grev did seldom or 
nev«r lisit diere, and the wond would not takje 
notice of it And I thought it better and 
safer for her to be there with her sister, than 
at home with me. Upon which this ungrau- 
cious child wept so bitterly, and b^^^ so 
heartily of me that I woiUd not send her away 
to her sister's, and told me, it would not l>e 
safe for her to be out of the house from me. 
She told me, she would obey me in any thing ;, 
and said, she would now confess to me, thoogfi 
she had denied it before, that she had writ my 
lord Grey word that they were discovereq, 
whidi was the i-eason he did not come td me 
upon the first letter that I sent him to come 
and speak with me. And she said so mauy 
tender things, that I believed her pemient, and 
forfifave her, and had compassion upon her, ^od 
tolo her (though she had not deserved so much 
from me) she might be quiet (seeing her so 
much concerned) I would not tell her sister 
Dursley hor fouUs, nor send her thither, ti|l I 
bad spokbn with her again. Upon which, sh^, 
as I tuought, continuing penitent, I kissed her 
in the b^wben she was sick, anl honed that 
all this ugly business was over, and 1 should 
have no more affliction with her, especially if 
my lord removed his family to DurdantjS, wbicli 
he did. When we came there, she came iiiti^ 
my chamber one Sunday morning before I Ha|i 
awakci and threw hcrsSf upon her knees^ auii 



141] STAfE TRIALS, U Charles Il..l6«e.— /<w deianchin^ Ltdy II. Berkeley. [142 



Idssed my band, and cried out, Oh, madam * I 
bare oflV^Dded you, I hwe done ifl, I tnil be a 
good vhM, ana will never do so again ; I will 
break off all correspondence with him, I will 
do what you please, any thing that you do 
deitre. Then, said I, I hope you will he 
happy, and I forgire yon. On ; do not tell my 
fether, ^shc said) let not him know my fanlts. 
No, said I, I will not tell him ; bat if you will 
make a friend of me, 1 desire you will hare no 
correspondence with your brotner-in law ; and 
^l^oiign you haxe done all this to offend me, I 
win treat you as a sister, more l^an as a 
danghter, if you will btit use this wicked bro- 
ther-in-law as he deserves. I tell you that 
youth, and virtue, and honour, is too much to 
sacrifice for a base brother-in-law. When she 
had done this, she came another day into my 
doset and there wept very much, and cryM 
oat. Oh, madam 1 it is he, he is the villain that 
has undone me, that has ruined me. Why ? 
said I, What has he done? Oh! said she, be 
hath seduoed me to this. Oh 1 said I, feat no- 
tfatoflr, you have done nothin^f, I hope, that is 
10, but only barkening to his love. Then I 
took her al>out the neck and kissed her, and 
endeavoured to comfort her. Oh, madam! 
aaid she, I have not deserved this kindness 
from you ; hot it is he, he is the villain that 
bath undone me : but 1 will do any thing that 
you will command me to do ; if he ever send 
vae any letter, I will bring it to you unopened ; 
but pray do not lell my f^er of my faults. I 
promised her I would not, so she would break 
off all correspondence with him 

Here she swooned, and soon after ivooveKd 
on.] 



J.' 



^Then my lord Grey's wife, my 

dangbter Grey, coming down to Durdante, he 
was to go to bis own house at Up-Paiic in Sus- 
mXy and he writ down to his wiie to come up to 

JUmdon. It is possible I may omit some 

pazticular things that were done just at such or 
such a time, but I speak all I can remember in 
general. My lord Gr^, when I spoke to him 
<rf'it, told me, he would otey me in any thing ; 
if I woukl banish him the house, he womd 
never come near it ; bnt (hen he pretended to 
advise me like my own «on, that the world 
would ti&e notice of it, tliat therefore it would 
be better for me to take her abroad with me, 
he would aroid all yAfices where she came, but 
be diongfat it best ibr her not to be kept too 
mocfa at borne, nor he absolutely forbid the 
house, but he would by degrees come seldomer, 
once in six weeks or two months. But to go 
en to my daughter Grey's coming down to 
Burdmnts ; he writing to his wife to come up 
to London, that he might fl^>eak to her before 
he went to his own house at Up-Park; my 
dao^ter Grey desired he might come thith'^r, 
and It being in his way to St^sex, I writ him 
^ord, that believing he was not able to go to 
Up-Park in one day from London, he might 
eaJl at my lord's house at Durdants, and dine 
itare by the way, as calliog in, intending to 



Ke at Chiildibrd, fbr it is just the half-way to 
Gnddford. ,fle, instead ot* coming to dinner, 
came m at nine o'clock at night (I am sure it 
was so raocb) (or it was so dark, we could 
hardly see the colour of his horses, from my 
lord's great gate, to the place where we were 
ih the house: And coming at that time of 
night, I thought if 1 turned him out of the 
house, my lord would wonder at it, and so 
woirfd all the family. Therefore 1 was forced^ 
as 1 then thought, in point of discretion, to let 
him lie there that nij^t, which he did ; and he 
told me, Madam, i had not come here, but 
upon your ladyship's letter, nothing else should 
have brought *me : because I was to give him 
leave to come, knovring the faults he had com* 
ndtted against the honour of our family. Ijpon 
which I told him. My lord, I hope you have so 
much honour and gencrosnty in yon, after the 
promises yon have made me, and the confi« 
dcnce ana indulgence I have shewn yon, 
that you will give my daughter no letters, and 
I will look to her otherwise, that \ou shall 
have no conversation witli her. He desired 
me to walk up with him into the gallery, and 
there he told me he had brouglit no letters, 
and would have had me looked in his pocket. 
I told him that would be to no purpose, foe 
his man Chamock (whom we knew he did not 
prefer from being bis coach-man to be his gen- 
tleman, but for some extraordinary service he did 
him, or he thought he would do him) inigbtbave 
letters enough, and we be never the wiser : but T 
trusted to his honnar and his Christianity : and I 
told him,thitt his going on in any such way would 
be her utter ruin. He told me he would not 
stay there any longer than the next day ; nay ; 
he would be gone immediately if I pleased, and 
he sent his coach to London, and had nothing 
but horses \eh. But his wife desiring her hus- 
band to stay, I had a very hard tadc to go 
through, being earnestly pressed, both by her 
and my own lord's im|M>rtunities for his staj'. 
But my lord Grey, whilst he was tliere, did 
entertam me with his passion, he had tlie con- 
fidence to do it, and lie^ wished himself the 
veriest rake- hell in the world, so be had never 
seen her face since he was married. And, said 
he, madam, you will always think me a villain 
and never liave a good opinion pf me, I shall 
be always imfertunate, both in myself, and 
your bad opinion of me. Seeing this, I thought 
it was time to do something moi*e ; and I told 
him that night he sliould stay no longer, be 
should be gone ; and his wUe seemed to be 
much concerned, and would fain have him stay. 
For by this time she began to find out that 
there was some disorder in her mother and the 
family, though she knew not what it was ; and 
she sent her sister Lucy to b^ he might stay 
I told her I would not suffer it : however, she 
proposed an expedient bow her sister Harriett 
should take physic, and keep her chamber 
while he was there. That I was in a sort com- 
pelled to do, and I told him, upon their impor- 
tunity for his stay, that his sister Harriett should 
be seen bo more by him, but take physic whilo 



143] STATE TRIALS, 34 Charles If. l6S2,--Trial of Lard Grey and others, [U4f 



he stayed there: to ^hich he replied, Madam, 
indeed it is rude for me to say it to you, but I 
must say it, gi^e me my choice, either to be 
drowned or hans^ed . Upon this I was extremely 
disturbed, and the next momins^f I told him, I 
was not satisfied he should stay in England ; 
be had ordered his viiSe to go into France, and 
she was to go within a month after, I would 
have him go with her. He told me, he had 
law -suits, and he could not ; 1 told him, he 
had told me before, they were of no great con- 
sequence, and therefore they could not hinder 
him ; and I pressed him very much, and I fell 
into a great passion at last ; and told him, if he 
would* not go, I would tell her father and he 
should take care of her, to send her where she 
should be safe enough from him. For I was 
jKnsible the world would take notice if he came 
not thither ; and, said I, I am not able to bear 
you should. Upon this, he promised me with 
all tbe oaths, imprecations, and promises in the 
world, that he would go and follow his wife into 
France at Christmas, and stay there eight 
months ; aiid by that time, I did hope, this un- 
fortunate miserable business might be over: 
fok* I h^d a ^reat kindness for my child, and 
would have done any thing to save her, if it had 
been in my power, or would vet do any thing: 
i would give my life that the world did not 
know 80 much of it as now it must this 
day. The world knows I had always the 
l^reatest kindness and tenderness tor her, 
which was such, that some that are now 
here have said since that it was my in- 
dulgence to her, and not making it known to 
my lord, that encouraged this last ill business. 
And thereupon my lord Grey was ordered by 
me to go away, and he promised me so to do, 
which was upon Saturday. I then went up 
to her chamber, and saw her very melancholy, 
and did what I could to comfort her. Said I, 
I warrant you, by the gracaof God, do but do 
what you ought, and I will bring you off this 
business ; be cbearfnl, and be not so much 
cast down (for I thought she was troubled ,at 
my carriage to her) and though I said some 
severe thmgs to you at dinner (as I did talk 
of her going away, and being sent abroad) be 
not troubled, for 1 only meant it out of kind- 
ness to you ; for all I design, is only to seek 
an occasion of getting him away ; and there- 
tore, as long as he stays, I ivill seem to whisper 
with you, and look frowningly upon you, and 
that if he hath any tendmiess for you, ,he 
may see I am angry with you and do the 
more to leave you at (^uiet: but take no 
notice of it, for I now smde to you, though 
I frowned before him, be not amightcd In 
the afternoon I told her the same thing 
again. But then, said^ she, he will shew my 
letters to him, and that will ruin my reputation 
fbrever, and that troubles me ; but yet it need 
not, for I never writ to any man but him, and if 
he doth shew them, he will expose hiraselffor 
abase uni^^orthy man, and I can but deny it. 
and he can never prove it. This is true, said I, 
••Bd v«ry well said, and therefore be not afraid 



of him, but trust to the friendship of your mo- 
ther, and do as yoil ought to do, and I am con- 
sent we shall bring you dear off from thia 
Uffly , business. And then, said she, but oh. 
Madam ! my sister, my sister Grey, ynW she 
forgive me tbis i I told her, her sister Grey 
was good-natured and religious, and I made no 
doubt she would forgive her the folly of her 
youth, and if she would take up yet, she was 
young, and her sister would impute it to that, 
and, said I, I am sure she will forgive you ; and 
I told her, I would do ail that lay in my power 
to assbit her ; and I bid her be chearfui and 
trust in God and in my friendship. She was to 
blame, indeed, she acknowledged, but she was 
young, and he was cunning, and had made 
it his business to delude and intice her. I told 
her it was true, and therefore now she must 
consider with herself, what was to be done to 
bring her off, which I doubted not, if she would 
do but as she ought ; she promised me so to de ; 
and yet that very night when I was in my sleep 

she ran Jiway. 

[Here she swooned again] 

Serj. Jeff, What time went my lord Gi-ey 
away, madam, that day ? 

liuly Berkeley, He went away about four 
o'clock in the afternoon. 

Serj. Jeff, And the ensuing night the lady 
was gone ? 

I^y Berkeley. Yes, that night she went 
away to6. 

Serj. Jeff, My lord, I crave leave to acquaint 
you with one circumstance that has been al- 
ready hinted, that is about Chamock, a per- 
son that is taken notice of by both the ladies 
that have given evidence, and one of the 
defendants in this informatioii. lliis man, 
as they seem to intimato, for some extraor- 
dinary' service he had doue my lord Grey, or 
was designed for the doing of, was removetl 
from the degree of his coachman, to the 
waiting upon him in his chamber. He at 
this time came with lord Grey to Durdants, 
a house of my lord Berkeley's near Epsom, and 
which was in the way to my lord Grey's house 
in Sussex, that is called Up-Park. And they 
being there, notwithstanding all those protesta- 
tions and promises made by my lord Grey to 
his lady mother, as you have heard, to meddle 
no more in this matter, yet we shall give you 
an account, how that the day before the night 
that the young lady went away, my lord Grey 
was very importunately busy wiUi his maa 
Chamock ; what discourses tuey had, or what 
directions he gave him perhaps may not be 
known ; but his earnestness in talking witli 
him, and his impatience and re^Uessr^ess we 
shaU prove ; and uieo give you a very full proof 
that CbaniO' k was the person that took her 
away ; and then letthejuxy and the court make 
the cM^nclusion. 

Atty Gen, It maybe, my lord, we thall not be 
able to prove the actual > akin^- away from thence, 
but only by undeniable circum»itantial proof.. 
Such impieties use not to be acted ojienly. 

L. C. /• Truly, as far as I can see, here bai^ 



145} STATETMALS, S^CuAnhlssnA6S2.'-'for debauching Ladifn. Berkeley. [14$ 

Why CfaarDOcky said he, was the man that took 
her away. 

Sen. Jeff[ Who was it that said so to you. 
Sir ? Name him. 

Mr. . Mr. Rogers, my lord Berkeley's 

chaplain. 

Seij. Jeff. If your lordsliip please to observe 
the particular times, when my lord Grey was 
so earnest in giving Chamock directions, that 
was on the &turday at noon, and it was t)iat 
night the young lady went away . 

X. C. X W^hen came my lord Grey to my 
lord Berkeley's ? 

Alt. Gen, The Tuesday or Wednesday be- 
fore, I think ; some days'it was. 

Sen. Jeff. But upou the Saturday night it 
was she went away ; this unfortunate laiiy tliat 
we hare produced, her mother, and so the lady 
her sister, spoke both of theii' icars of Cluir- 
nods. Now we shall prove, tliat tliis Char- 
nock was on Suuday moniing, at eight o'clock 
in the morning^, here in I^ndon, with a } oung 
lady, In what habit that young lady was, our 
witnesses will tell you ; and othei-s will givtt 
you an account what habit this lady went away 
in, and then it will be seen who she was. Call 
Eleanor Hilton. 

Att. Gen. But if you please, Mr. Seijeant, 
I think it will be proper first to examine my 
lady Lucy, who upon the missing this young 
lady, foUowed my lord Grey to Guildford, and 
overtaking him, acquainted him with it, and 
immediately he took post and came to London. 
Pray swear my lady Lucy. 



more done barefaced, than one would 
should be done in any Christian nation. 

[Then a Clergyman that stood by was sworn, 
hit his name not told.] 

Serj. J^. Pray, Sir, will you t^l my lord and 
Ifaehnry what you know. 

Mr. . My lord, I was at Durdants, 

my lord Berkeley's house near Epsom in 
ftwrey, ml the time of this ill accident, and some 
line after* And upon the Saturday in the af- 
taniuou I (iDSDoediately after dinner was over at 

a lord's own table) walked in the great paved 
; and stood in the door that kioked towards 
the Downs ; and my lord Grey came into the 
hall akme, and walked three or four times 
veiy tiioiightfully, and then leaned upon the 
window, ^1 often locked upon the ground, and 
within a little while he steps into the steward's 
haD, where the gentlemen were at dinner, and 
he calls to Chmock, who came out to him. 
He takes him out of the hall to the foot of the 
alair-Gase, and there they talked together a 
great while, and after some time my lord Grey 
went away, and Oharnock did so too, I think 
to hisdinner again, I cannot tell any thing to 
the cmtrary. The reflection I made upon this 
yswugr then was, that my lord Grey was ye)Fy 
yictyal in giving his servant orders, which X 
thought he was to carry to London with him, 
hot I suspected nothing of this matter, nor any 
diing ebe that was ill then. Mr. ChamodK 
tben passii^ by me, said I, Mr. Chfonock, 
BOW long' will it be before you are going ^ He 
made me no answer, not one word. Tbere- 
npen I went into the library, and between that 
and Mr. Chamock's chamber there was bikt a 
veiy thin wall, and presently after I came into 
the library, my lord Grey sent one (as the mes- 
senger said) for Mr. Cbamodc, and he went 
Aofwn to him, as I suppose, and in a little time, 
enne up again. And after that, I do believe, 
1 did hear another messenger come from him 
to Mr. Chamock again, I will not swear that, 
Jbr i am not sure ofit ; because, bein^ at that 
time l^mnr in reading I made no reflection upon 
it ttll afterwards. But about a fortnifi^ht or 
diree weeks after, there comes a gentleman 
to see me at my lodgings, and falling into dis- 
course what news there was ; our first discourse 
was of the lady's being missing ; he said, it 
woidd be sad he feared when she was lieard of. 
Why, said I, what do yon mean ? I suppose 
Mr. Forrester and she are together, for that 
was the talk of the town. No, said he, it is no 
SQch thing ; but if you will nuika it a secret, 
unless it comes to be made a public business, 1 
will tell yon ; I do not doubt my lord Grey 
Ctfried her away with a design to debauch her. 
that is hard to he believed, said I ; I cannot 
befiere it. Why, 'said he, you were there 
wtea he went away ? Yes, said I, but how 
long was that before the lady was missing ? said 
be, it was that afternoon. Then came into 
ny mind his earnest discourse with Chamock 
tui that which I obser^^cd about it, and sending 
Moflbm for him ; and I told that person of it. 
rot. IX. 



[Which was done, she being in a box by 
the bar.] 

L, C. J. Well, what do you ask that lady T 
Serj. Jeff* We produce her, my lord, to hear 
what passed between her and my lord Grey at 
Goildtord. Pray, madam, win your ladyship 
acquaint the Court what occasion you had to 
go to Guildford, and what you said to my lord 
Grey, and what he said to you, and did after- 
wards. 

Lady Lucy. !My lord, as soon as my lady 
Harriett was missing, supposini^my lord Grey 
could best give an account where she ^ as, 1 
went after him to Guildford, and he was gone 
half an hour from thence before I came thi- 
ther, hut by sending post after him, be was 
overtaken, and came back to me. I told him 
ray lady Harriett was gone away, antl I con- 
jured him by all that was sacred and dear to 
him, to prevent so great a misfortune as this 
would be to the family. He then pretended ho 
did not know any thing of her going, but pro- 
mised me, that if he could fuid her out, h« 
would endeavour to persuade her to retiiru 
home, but he would not force her. After se- 
veral discourses, which it is impossible for me 
to remember pai'ticularly (saying that he had 
donenotlung that was illegal, and if she did not 
9ny thing, we could do nothing against hith ;) 
he at last parted from me, to go to Ix>ndon, 
as I suppose. I begged of him that I might 
bepemuttcd U>go along with him, that I might 



147] STAtE tRiAlS; 34CflABi.Eftn. iGBi.'-liidl&f Lord Greg gni0it»r8,[\M 



«peak tf> her, supposinff I mi^t retrieve Ifih 
business, and recover ner, before it were gfone 
too far, bnt he denied it toe, and went away. 
After that I met him, a day or two after, I 
tiiink, I cannot tell juitly the time, and he 
pretended, he did not know where she was, 
out only he knew where to send to )^ev ; and 
lie would do all he conld to sfet her to retmn 
kome. He was senaiblc^ of what a misfortune 
this was to the family. But soon after he 
went to Up-Park asain, as be said, to shew us 
Ibat he was not with her. And he afterwards 
Writ me a letter, wherein he says, he could 
not persuade her to come home, but the con- 
clusion of it was, " He would do all he could 
to restore peace and quiet to the family, which 
by his follies were so miserably disturned." 

Lady Arabella. Ny lord, I desire to speak 
one thing ; about six weeks ago I met my 
lord Grey attny lord chief justice's chamber, 
and he iM me, he had my lady Harriett 
Berkeley in his power,^ or in his protection, or 
io that effect, he said. 
Jtt. Gen, I^y telU Madam, when that was? 
Lady Arabella, About ^x weeks ago, I 
cannot justly say the day. 

Sen. Jeff, But if your ladyship nleases, my 
lady Lucy, it will very much satisfy the jury, 
if you would shew the letter yon speak of. 
Mr, Williams, Ay, pray shew tlie letter. 
Lady Lucy, It was a letter before that which 
he writ to me at Durdants. 

X. C. J, When was that letter you speak ot 
written? 

Lady Lucy. Aboat a week after mv sister 
was gone, I cannot exactly remember the day. 
Mr. WilUams, Pray , Madam, can you pro- 
dace that letter f 
Lady Xt^. No, I have it not here: 
Se rj. Jeff. Then swear Eleanor HiKon. 
[Which was done.] 
Sol. Gen, Is your name Eleanor HUton f 
Mrs. Hilton, Yes, it is, Sir. 
Att, Gen, Pray speak out, that my lord and 
the jury may hear you. Do you remember 
the 90th of August last ? Did Chamock come 
to your house with a yoong lady ? Did you 
ftee her, and what time of the day was it ? 
Hilton. I cannot tell what time of day it was. 
Sen. Jeff. What day of the week was it? 
Hilton. It was on a Sunday. 
Sol. Gen. What month was it in ? 
Hilton. 1 cannot teD, truly. 
Seg. Jeff, About what time of the year was it ? 
Hilton. About eight or nine w^&a ago, or 
Mvnething more. 
Sen. Mff. WeD, what did yon see then ? 
Eiltqn. There Was a young lady that eame 
to our house, she came or herself, Chamock he 
was nor with her ; he came before iodeeil, and 
asked me if I had any room to spare, and I 
shewed him what we had ; he went away, and 
I saw 00 more of him ; afterwards, as I said, 
ahe came ; but who the was, or what she was» 
I cannot tdl. 
Hep. /(^ Can yon desty^ her clothes? 
MiUm. fStiA had a oaloiir^i nigfat-gown on 



of several bolottrs; I cannot say What pifflt- 
cnlar stuff it was : am! she had a pettiooaf mi 
white and red. 

Sen. Jeff. Did you see her face ? 

HUton. I cannot say I did fully. 

Att. Gen. Do you think yon ,i^ioiild know 
her again, if you should see her ? 

Huton. I cannot say that. 

Ser|. Jeff. (To the lady Harriett) piVf 
Madam, wiH yon stand npa little, and tarn «p 
your hood. [Which,she did.] 

Hilton, T^ily I cannot say that is the lady^ 

Att, Gen, Do you believe it was she f 

HiHon, I cannot say it truly. 

Att. Gen, Have you seen her nictnre ailiee, 
and is this lady like that picture r 

IMbr. Attorney. She says, she cannot say it i» 
the same lady. 

Sol.. Gen. Pray, Mistress, to what puiposa 
was she brought to your house ? 

Hilton, They did not tell me that. 

Att. Gen, Was it not to lodge there ? 

Hilton, She staid Ihere but a while, ttti 
went away again. 

Alt. Gen. Whither did she go then P 

Hilton. To one Patten's in Wfld-street. 

Serj. Jeff, You went with her, mistress, dM 
not you ? — Hilton. Yes, I did so. 

Sen. J^. Pkay, was there any letter or noli» 
broujfnt to your house for Chamock ? 

mlton. Yes, I brou&'ht it to Mrs. Chamo<3t. 

Seij. Jeff. Did you near any reason givett 
for her removal from your house ? 

Att, Gen, Pray did she ^o to bed at yod* 
house ?'^Hilton. She did he down. 

Seij. Jef. What time of the day was it ? 

Hilton, About nine or ten in me moninf^ 

Sol. Gen. Pray, did she say she had heen 
at church, or what did she say r 

HiU0n. She said somewhat to that purpose, 
she said she was Weary. 

Serj./e^. What company came to fhe ladjr^ 
while she was at your house ? 

Hilton, No body but Mrs. Chamock. 

Seij. Jeff, Did you see Mrs. Chamod^ ha 
her company? — Hilton, Yes. 

Ser). Jeff, Yon saw her come hi to her ? 

Hilton, Yes. 

Serj. J^, Did she behave herself to her, tt 
to a lady of quality ? 

Hilton. I cannot tell that, trafy. 

Sen. Jeff. Why,- how did she carry it to her • 

Hilton. Whether she was in bed or no^ I 
cannot tdl ; bat when she came in, the young; 
lady said, How do you, Mrs. Chamock ? Shfe 
said, Your servant, madam, or to that pnrpofe, 
I cannot exactly teD. 

Serj. Jeff. Von bronght the note to M^. 
Chamock, yon ^ay fSilton. Yes. 

Att. Gen, Did she stay at Mrs. Pattdlh'te 
after that ? — Hilton. 1 suppose she might. 

Sol. Gen, Pray recollect yourself a VltOitp 
and tell us what colour was her manteau ? 

^Hilton. Truly, it was all manner of coiottri, 
red, and gteen, and Mae, and I cannot tdl 
wkatcohmrs. 

Att.Gtn. WUtooHnmBd petticoat P 



i 



H9] VtiaRTRlAUi,U9BAnnU. l€K.^€r4etwdki^gLad^H.B€rkeby. [U9 



EUton. Rod ttd white. 
Sal. Qen. How long after diM, did you hear 
Bj hioi Berkdey's daughter wm miaiiing ? 

mUtm, ilvhUeafW. 

Alt. Gen, How lon^ ? Was it that week ? 

Hiilmt. I cannot tett, it WM not long alW. 

Ml Geu. Was it the same lad v tw came 
ti your house in these clothes, tJaat vent lo 
prtfecn'sait nieht? 

JL C. jr. Why, she says she went with her, 
4o not examiiie her the same things over again. 

Mi. Gen. Were you examined be£»re sir 
Wiliiaak Tunier, aboutthis matter ? 

HiUoa. Yes, I was. 

Ml Gen. Was it the/day of the month you 
tkea said it ^as P 

EiUon. I suppose it might ; I cannot tell 
lbs day of the month. 

Ah. Gen. Was it the^onth f 

SiUon. It 18 like it was. 

L.C.J, 8he has fixed it now to be 8 or 9 
wedcsago. 

floj. Jqlf. Did die giTA any reason why she 
wsBremsfvedP-^flilfon. None at all. 

Ser}. Jejf. Nov, my laid, we will bring it 
down to be dus my lady. Mt lady Arabola, 
Vnj, madam, what ckmes m my lady Har- 
nett go away in ? 

Lady Arabella. My lady Haniett bad such 
clothes as they speak of, I cannot say she went 
away in her Bight gown, but here is one that 
san: But there was a striped night-gown^ of 
many oolonrs, green, and blue, and red. 

L C. J. She does remember she bad such a 
sue, hot she cannot say she went away in it. 

Serj. Jeff. Was there not a chequered petti- 
coat led and white ? 

Lady Arabella. She had such a petticoat, 
bit 1 cannot sa^ she went away in it ; die had 
tho a white quilted petticoat 

Sen. Jeff. 17hen swear Mrs. Doney (Which 
WIS me.) Ify lord, we call this gentlewoman 
to give an account what habit sm went away 
ia ; for she lay with her always. 

Au. Geu. Did you lie with my lady Har- 
ris Berkeley, when she stole away ? 

Mrs. Doney. Yes, indeed, Sir, I did lie in 
Ibe chamber that night, and she went away 
with ber morning clothes, which lay ready for 
ber there, aeainat she did rise in the morning. 
It wss a stnped night-gown of many colours, 
aad a petticoat of white and red, aadaquilted 
petticoat. 

AtL Gen. Was she so habited, that came to 
ibeboase,Mn. Hilton? 

L. C. J. She has said so already. 

Sen. Jeff". Now you ase pleaseif to observe, 
that besides the circumstances of the clothes, 
Ihere is mention made of a note; Mrs. Hilton 
iK?8 she received a letter and gave it to Mrs. 
CbuDoek ; and that soon after they went to 
^UMi's house in Wild-street. We shall call 
^ people of that house, to give an account 
^W gentlewoman it was that came to their 
ixnue. Pray swear Mr. Patten. [Which was 
dane.] 

M Gen. Pray, will you ted my knrd and th« 



jury, whether Mr. Chamock and his wife cam^ 
to your house, and with whom, and about 
what? 

Mr. Patten. My lord, about the latter end 
of July, or the beginning of August, Mr. 
Chamock and his wife came to my house 
when we were just removed, to. take som^ 
lodgings for a person of quality ; but they did 
not say who. Said I then. We have no lodg- 
ings now ready ; said they. We shall not wuii 
them yet, till towards the middle of September* 
Says Wf wifi», I suppose by that time our 
house will be ready ; and if it will do you any 
kindness you may have it. About the 30tn 
of August being wnday, Mrs* Hilton brings a 
mitlewomaa wiith Mrs. Chamock to my 
ncNise ; and when Ikey were come, they called 
me up, and seeing them aU three there, I told 
Mrs. Chamock, We have no lodgings fit for 
any body, of any quality, at present. Saya 
Mrs. Hilton, Lt^'s see the candle, and runs up 
stairs into a roon\ where there was a bed, but 
no hangings ; whip they came in, they locked 
themsmes into the room. My wife's daughter 
being in the house, I desired her to seim for 
'my wife, who was then abroad ; wliichsbe did^ 
Tney desired my wife's daughter to lodge 
with the gentlewoman that they brougfbt 
thither, and they were making the ped ready. 

I sent them up word. That I ftesired they 
would walk into the dining-room for the pre- 
seot ; they sent me won) £wn again. They did 
not desire to do that, for they were alraid the 
li^ht would be seen into the street, and witbal, 

II any body came to enquire for Mrs. Char* 
nock, or Mrs. Hilton, I should say there was 
no body there, presently after, I think (or be- 
fore I cannot justly say which) a letter was 
carried up staurs to them, upon which they 
came down stairs, and away they went up tM 
street, and when they were gone a little way 
on foot, Mrs. Chamock desired them to turn 
back again, for she hoped to get a coach, anJl 
she didso, and went away. 

Att. Gen. So they did not lodge there? 

Mr. Fatten. No, they did not 

Seij. Jeff, Did they say any thing of care 
that was to be taken, now they passed by my 
lady Northumberland's P 

Mr. Fatten. My lord, I do not well Demem* 
ber that: But the next day Mrs. Hilton oomns 
again to our house, and she runs up stairs inta 
w same room, and aits her down upon the 
bed-side. Said I to ber, Mrs. Hilton, Wl\at 
gentlewoman was that that was here last niff ht ? 
Says she, I cannot tell, but I believe she is 
some person of quality, for Mrs. Chamock 
brought her to onr bouse at 7 o'clock in the 
mornmfif. But whoever she %s^ she is muoh 
troubled, we could get her to eat nothing, but 
her eyes . were very red with crying, and we 
came away to your house at niebt ; because 
hearing some noise c^p^ple in me street, she 
was afiaid some of her father's servauls were 
come, but it Was only some peo(>]e that. were 
gathered about to ohseiTe the blazing star. So 
wewhippedo«tof the4oor, andsQ came to your 



151] STATE TRIALS, 34 CHAntBsU. leBt.—TirUd^f Lord Grey end 4fther$,[lM 

boiiser for wc had fiever a back-door oat of our I up any more. And afterwards my fellow 
^^^^ serrant and I were bid to go to bed, and my 



Att. Gen, Pray give an account what habit 
the gentlewonian was in that came to your 
house- 
Mr. Patten. She bad a stripetl flowered 
gowu, very much sullied, it was flung about 
her, just as if she had newly come out of 
bed. I did see her face, but when 1 had just 
looked upon her, she clapped her hood together 
over it presently. 

8erj. Jeff, lio you think you should know 
her again if you see her ? *^ 

Mr^Fa^en. I believe I mig^ht. 
Serj. Jeff', Pray, madam, stand up again, 
and lift up your hood. [Which she did.] 

Mr. Fatten. This is the lady. I saw her 
f&ce twice, once as I told you, and then when 
she went away, I dropped down, and peeped 
up, and looked her in the face again, tnough 
i^e hid it as much as she could. 

Att. Gen. Thus W8 hare proved it upon 
Chamock and his wife. • 

Seij. Jeff. He gives an account of the 90th 
of August, which was the day after she went 
from lier father's house. Pray call Mrs. 
Fletcher. 

Att. Gen. We shall now prove that they 
went from thence to one Mr. Jones's ; that my 
lord Grey came there to take lodgings, and 
after she was brought, came thither again, and 
though he changed his hair into a perriwig, 
yet he was known for all his disguise. 
. Sol. Gen. My lord, you see that it is proved 
upon three of the defendants, my lord Grey, 
and Chamock, and his wife; now we shall 

Srove it upon the other two, the Jones's. Swear 
lary Fletcher. [Which was done.] 

Serj. Jeff. Sweetheart, pra.y tell the court 
where you lived, and when my lord Grey 
canife to your house ; tdl the time as near as 
you can, and the day of the week. 

Fletcher. Sir, he came to David Jones's 
on the Tuesday after my lady Berkeley was 
missing. 

X. C. J. IVhere does David Jones live? 

Fletcher. At Charing-cross just over against 
the Statue. And living there, my lord Grey 
came there in a hackuev coach, first on the 
Monday whhout a pcn-iwlg, or any thing of 
that, and desired Mr. Jones to come to the 
coach side, which he did, and after a little dis- 
course with Mr. Jones, they both came into 
the house, and went up two pair of stairs to 
look upon lodgings. After that, I had order to 
make ready the room for soiiie lodgers who 
were expected to come that night, but did not 
till tlie next day. About Tuesday at nine of 
the clock, my lord Grey comes again in a coach 
to the door, and threw* his cloak over his face, 
he was then without his perrivng too, and de- 
nted to si>eak with Mr. Jones: I and my 
fallow servant standing at the door, he desir^l 
to speak with my master. I went to him, and 
told him, he came up, and ai%er he had been 
at the coach side, he bid us go down, and keep 
dovru in the kitchen, and would not let us come 



mistress shut up the shop- windows herself. 
Serj. J^ Well, go on, what happened after 

that? 

Maid. Afterwards there was the warroing'' 
pan, and the candlestick, «md otlier thin^ 
were carried up into the chamber by my mis- 
tress's sister. Says my fellow servant, thera 
is som i great stranger sure, come to lodge here, 
that we must not know of. Ay, said 1, thb » 
some great intrigue or other. After a while 
came in some company that stayed all mgfat. 
I know not who they were, or how they 

came. 
Serj. Jc/f. Well, what was done the next 

moimng ? 

Maid. I was never admitted into the room 
while they were there, but through the open* 
ing o;' the door I did see one lady in bed, 
but I cannot say who she was, nor what she 
was. 

Att. Gen. Do you know her if yon see 
her again ? Look at that kuly ; is that she ? 
Maid. No, I donotknow her ; I cannot say 
that is she : My mistress, and my mistreas's 
sister stood both before me, when I just peeped 
into the room, and when she perceived that, 1 
did see her pull the clothes over her face. 
Sol. Gen. How long did she stay there? 
Maid. Nine nights. 

Serj. Jef. Do you know my lord Grey 
well? 

Alaid. Yes, I have seen him often. 
Serj. Jeff. Did you know him ootwithstand- 
ingiiis disguise ?^ ATatff. Yes. 

Serj. Jef'. What did Mrs. Jones say to yon 
about my lord Grey? 

Maid. She said to us, what fools were we, 
to say this was my lord Grey, it was a country 
gentleman. 

Serj. Jeff. But you are sure it was my lord 
Grey? 

ilaid. Yes, I am sure it was he. 
- Att. Gen. Did any body else lodge at your 
house at that time ? 

Maid. Yes, captain Fitz-Gerrard. 
Att. Gen. What discourse had you with bios 
about this lady ? 

Mr. Wiiliams. You, woman, did my lord 
Grey stay there ? 

Maid. I cannot say he did. 
L. C. J. Mr. Attorney, if the question yoa 
ask, be to introduce another part ^f your evi- 
dence from captain Fitz-Gerrard himself, it 
may be somethmg y otherwise that can be no 
evidence againstthc defendants, what discourse 
was with another. 

Serj. Jeff. It is so, my lord : and therefore 
we ask you, sweetbeait, what past between yoa 
and the capkain ? 

• Maid. Captain Fitz-Gerrard, the Monday 
morning seven- night, after my lord Grey first 
came, called me to his bed-side, and aslceil me 
if I knew what lady that was that lodged in the 
house, and what clothes she wore, and whethev 
she were young or old, and whedier she wert 



or no? 1 toU him 1 could not tell any 
fUagy fior I could never see her. 

Stfi. J^. Do you know what linen ahe 
koQipit with her P Did yon wash any lor her ? 

MMd, Yea, one shift. 

ML Gen. What kind of shift was it ? 

Maid, 1 aaid, it coukl be no person of qua- 
tty by her shift. 

Seij. Jeff. Why so ? 

Miid. Because the body was finer than the 
ikevesy and ladin use to make the sleeves finer 
&sn tibe body. ' [At which there was some 




Williams, A very pretty evidence ! 
Serj. Jeff. Pray call Mrs. Doney ^^ffui^, 
jcanse you sbali not make so slight a busi- 
of the shift as you pretend, for soch 
actions as these mnstbe detected by circum- 



155] STAT&TRlALS,34CHiMLB8lI.l682.--/tfrdr»«MiUNf £adr^A£^ [154 

a very 01 diiM^, and occasion a ifreat deal of 
tronble and duquiet to a noUe family. And 
possibly my lord and my lady may not know 
she is alive ; therefore* I desire you as a fiiend 
to make a discovery of the laily, that they may 
know where she is. He seemed very angry 
upon my saying of this, and toM me, As k>ng 
as I lodged in his house quietly, I need not 
troubki raysdf who lodged there besides. 
Upon that I thought more earnestly upon this 
thm^ ; and I told him again, I am resolved to 
go into the room, and know who this lady is 
that lies here, for now I suppose there is some- 
thing mor^ in it. 8ays he again, nobody shall 
ofikr such a rudeness in my house. Said I, I 
assure you I will doit. He grew very angry , but 
I went from him to my sword and was going 
up. Says he, pray Mr. Fitz-Gerrard do not 
offer such a tbioi^ i^ this is ; yon would take it 
unkindly yours^' to have your house searched 
at this time of night. Well, said I, upon con- 
dition that I may see her to-morrow mommg 
before she goes away, who she is, i will make 
no disturbance in your house to-night. Upon 
that be left the room, promising me, I should 
to-morrow morning see who the lady was. I 
went out early the next moromr upon some 
necessary business, and comingnome between 
eleven and twelve o'clock, said I to him, now 
is a very civil time to see this lady, who she is, 
for it is not fit you should receive any person 
into your house, in such circumstances, when 
there is such a cause of suspicion. S^ys he, she 
is now gone out of the house. And this is all 
that I can say in this matter, I never saw the 
lady there then, nor did I ever see her in my 
hie, but once or twice at Epsom. 

X. C. J. Did they lock the door upon you, 
captain? 

Capt. FUi-Gerrard. No, they did not. 

Seij. Jeff', And you know nothing more ? 

Capt. fitZ'Gerrard, I neither knew when 
she came, nor who she wask 

Att, Gen, Then swear Mr. Smith here, who 
married one of my lord Berkeley's daughters. 



Att, Gen. Mrs. Doney, pray did you shew 
fliis wonnan another ot my lady Harriett 
fieriieley's shifts ? 

Mrs. Doney. Yes, I did. 

Seij. Jeff, Was it the fellow of that she went 
away with ?— -Mis. Doney, Yes, it was. . 

Seo- J^- Woman, do you believe, upon 
your oath, that was the fellow of the shift you 
saw? — Maid, Yes, Sir. 

Seri. Jeff. Was the body of that you saw 
from Uiis gentlewoman, finer than the sleeves ? 

Maid. Yes, it was. 

Soi, Gen. Then pray swear captain Fitz- 
Gorard. [Which was done.} 

Sol. Gen. Pray, Sir, wiQ you tell the court 
and the jury, what passages fell out at your 
fedging? 

£apt. FitZ'Gerrard. My lord. It was my 
Ibftnne six months ago, to take a lodging at 
Mr. Jones's, and while I kept my hragings 
tiiere, I had occasion sometimes to go to Wind- 
sor, to wait upon his majesty ; and one night 
coming honae to my lodging, my servant that 
waits upon me in my cbamoer, toUl me, there 
was a lodger lately come to the house, who 
lay in the upper rooms. I asked who it was ; 
he tokl me, the maid of the house told him it 
was a mistress of my lord Grey's. I asked 
how long she had been there ; he said, it was 
bat two or three days since she came. I never 
thought of this for four or five days after, nor 
thought myself obliged to take notice of the 
fsGOurse of the servant in the house ; bat being 
ra Covent- Garden in company, there was some 
discourse about my lady Harriett Berkeley's 
bemg gone from ner {raier's, as it was the 
talk of the town. I came home aboot nine 
a'clo^ at night, and having no servant just 
then ready to wait upon me, Mr. Jones him- 
self came very kindly to put me to bed. 1 had 
•ome fancy upon the discourse of the town, 
this might be my lady Harriett. Uoon which, 
I nkl to Mr. Jones, you cannot but near of the 
report of my lady Bierkeley's being run away 
fivm her father, Jind I know you have a de- 
pendance upon my lord Grey, and I have a 
sospicion yon csonoeal her in your house. If 
yon iop nkl I* 700 do a very dishonest thing. 



[Which was done.] 

Mr. Smith, Before my lord Berkeley made 
this affitir public, he used all means possible 
to know where my lady Harriett was ; and 
after it was known to him what concern my 
lord Grey had in it, there were all means used 
to make it up : and discoursing with my lady 
Berketey about it, it was proposed that she 
should be married, but that would cost a great 
deal of money ; that my lord did not stick at, 
nor my lady, if any £vine of the church of 
England did tliivk it proper to treat with any 
parson about it, after such a secret correspon- 
dence between her and niy lord Grey. And 
my lord said. If my lord Grey would notpro^ 
secute her with any more visits, he would 

give a sum of money to marry her. SaM I, 
len, my lord, will you g^ve me leave to wait 
upon my lord Grey in it ? He answered. Yes. 
80 1 went to him, and ofiered him that my lord 
Berkeley would give QfiOOl with her, if b* 



155] STATE TBIAI4 S4CiiABLBf II. l6S%^^M§l ^ Imrd Gr^ md cihtrs, (1S« 

voidd viMf! faer ia a third lun^ where il 
Wf^t be CBUTenient to treat with aa j one 
abettt it. He talked with me as if he knew 
where aha was, but would not discoTer it 
Saya hei Yau must always suppose, 1 will take 
your proposal in this manner, if she is in my 
newer, wiiiab it nay be she is, k may be not. 
Said I> My lord, yon make that, (if) only as a 
attbtsrluge, for to be sure, yoa kqow where 
die is. Mays he, She is beyond seas, and if 
vau will give me leave to visit her sometimes, 
I will promise she shall come agaiii ; but that 
dapflnas opaa tiuie and tide, it cftaaot be so 
irary seen. Said I*, my lord, you may as well 
aeod hacses to Dover, and so ovec to Calais, for 
laonpote she may not be tar. He said it 
ipoiuii be a work of time, but lie would write 
to her. I desired he would write &at niflrht. 
F4>r, aaid I, my lord, if this busiaees be tuuia 
is time, she may yet be saved, if you will ooa- 
tribute what you can to it. He promised me 
ta write that night to her, but it would be some 
tiBi^befixresbe got to town. Then disoonrs- 
lag farther with my lord about it. Says he, 
if I aJftould bring her to town, I will not use 
any fiiree or petsaa^a to bar, if she be ob- 
itiaately bent,iiet to come home again ; behraT 
k^ to lie sure I wiU not. I am sure, my kva, 
aaid I, that your persuasions would do very 
nnch with her, and a great deal of good may 
fiame pf it, if the matter be $peed«i. But, 
aaya he, if I shouM bring her to town, then my 
lord Berkeley would disturb her with my Lord 
Chief Justice's Wairant. Said I, if you wiU 
bring her to town, I will ask my lord and my 
ladv, bow kMu^ time they will allow for the 
making up or this treaty; and in the mean 
^ma^ uie snail be free from any disturbance. 
Sa^ my lady Berkeley, when I spoke ta her of 
it, Thoiigh mv lord Grey has been so barba* 
reus to a fiuml^f , that has been so kind to him ; 
yet, if I give him ray word, I will keep it in- 
viobbly to him ; and I do promise him, if he 
will brmg her to any pUoe where my daughter 
Lui^ may visit her, 1 will engage there shall 
be no search made after her. And if he can 
contribute to carry her into k place where she 
maybe sale, and not visit her himself, he diall 
bava S,000/. to do it. This meseage of my 
lord's baiag barbarous, Madam, aaid I, it is not 
fit forma ts carry to my lord Grey, but ^^ou 
will {promise not to take hor away, if he bring 
bar to town, but from the moment you know 
where she is, she shall be safe. Thereupon 
my lord Grey promised to write to her ; whe- 
ther ha did or not, I cannot tdl. Atlernards 
he said he had writ, but she would not come. 

AU. Gen» What expenoehas my lord been 
at ia looking after her? 

Mr. Smith, A great expenee | I cannot tell 
partieolariy. 

Serj. Jtff, My lord, we have but one witness 
more, and that is a gentleman, who, by order 
from myl(Mr4 and lady Berkeley, kept my 
lord Grey company, and be will tell vour lord- 
ship what my lord Grey confesseici to him, what 
^ fwamk ha had fe the Udy, and what ma- 



I thodafaaoaed togat ridaf it, but cbhM 
Swear Mr. Craven : [Which was done.] 

Sol, Gen. Will yau tell my lord and ibe 
jury, whether you were seat by ray loi4 
Berkeley, to be with m v lord Grey at Up-Park, 
and what passed there between vou ? 

Mr. Craven. My lord, the Wedaesday after 
my lady Harriett Berkeley went away, my hAy 
Berkeley told me, m^ lord Grey had proffered 
he would go down into the comitry fiir six 
months, to shew that be had no designs vpaa 
her ; and therefore, if she would pro{KMO soaae 
friend of her's to go along with nim ta kffcm 
him company, he would -W very well satisfied 
with it ; and dien my lady Berkeley told me 
she wouM fix upon nobody but me, if li« 
wonkl take me with him. Than I met my 
lord Grey on Wednesday morning at sir Tfao* 
mas Armstrong's, and afterwards, went down 
to bis boose to bim. When I cama there, hw 
met me on horseback, and cama up civilly and 
kindly to me. I thought fit to give him a 
caution, having received such orders from my 
lady. My lord, said I, I am sorry I am forced 
to come upon such an account as this, to b« 
a gruard over your words and actiona ; and I 
am very much troubled that this nnfortunate 
thing has happened, and yo|i are n^ted to bai 
the occasion of it. Says no, I do own, Cravauy 
Iharedoneavaryilltning; but that is past, 1 
cannot hdp that now ; but the thing that ia U> 
ba thoBs^t oa is, what is to be done far the fu- 
ture. My lord, aaid I, the best way, if I naay 
give yau my advice, were to sand her home 
again, before any report bequnead abroad tf 
the business. How can that be ? says ha, 1 d« 
not know where she is, but I have had a letter 
from her as I told my lady, 1 did believa I 
should find a letter here when I came down. 1 
will shew you the letter, whiah he did. Mjr 
lord, said 1, this letter will be thou^t as of 
your panning before you csfue out of town. I 
cannot tell what they will think, said he, hu^ 
here it is. Said I, my lord, I have a great rea- 
peet for yom* lordship, aad do very much de • 
sire, fbr your own reputation and honour, aia 
well as their's, it may be made up in some way 
bdbra it be too pubhc. We were diacourainf^ 
of this. How shall that be done, says my 
lord Grey. My lord, said I, if yoa would con* 
sent to ttiis, to send har over mto France, tia 
Cahusor Diep, we will there find some body 
that will help her into a nunnery ; and whan 
she is there, she may write to her mother, that 
she found she had an intention to marry her to 
a match she could not by any means approve or 
like of, and therefore she went away to prsveot 
her being forced to it ; and this would be as 
plausible a thing as any in the worid. And 
when that letter should come, my lady Berkeiey 
should shew it about to her fiiends ; nay mor^ 
wbs should go over herself to fetch her back 
again, that she might ribceive her into her 
house with honour. He said, that was a very 
plausible thing, and he would do it, if he coidd 
tell where she w^s ; but her letter to him waa^ 
tiiatAa was gone fimnbwMlQribvl ahe di4 



157] STAt£TRIAlJS» 34CHARLSftII. l682.«— /or ithauehhtg taiyH.&rkektf. [ISS 

hand and squeezed it sCTinst her br^avt, and 
there was the first time he pRroeived she bred 
him a£^n ; and then she told him he should 
ffo to London with them ; and he did gpo, and 
from that time, for a twelte-month before she 
went away, he did see her frequently, almost 
every niffht, pursuinsr his amour m writings, 
and speaking to her as often as he could hare 
opportunity. And though my lady Berkeley 
put a French woman to Tie with her, yet she 
did use to rise from the French woman, and h^ 
did use to see tier. And one day, says he, dfi 
not you remember you came to the cliamber 
door, and she was angrj at Tour coming, and 
that the door was not ooUed, and if you had 
come in you had found me there ? 
Seij. Jeff, Do you remember any such thinfi^f 
Mr. Craven, I do not unless it were at Dur- 



isttbmkfitto let bimknow where she was, | 
fir fear he should deliver her up again. Then 
ny lord Grey asked me in what. condition 
tmy were all at my lord Berkeley's about it 
flUd I, they are in such a confusion a^ tron- 
Ife they are all mad almost. Says he, how 
loes my lord bear it ? Said T, he is so afflicted 
Ifcat it wiQ go near to break his heart. Says, 
be, he b indeed one of the men in the world 
ftatis to he pitied ; she pitieth him rery much, 
bat fbr h^ mother she doth not care. One day 
vhen we went out a shooting, as we did se- 
veral days together ; Mr. Craven, says he, I 
vStell ytyfL the whole intrijnie between my 
iHly Harriett and I. I have nad a fifreat affcc- 
tisD for her ever smce she was a child, and have 
dways been taking great delight in her com- 
pany ; and keeping her company so often till 
ihe mw tip, my passion grew to tiuit height, 
that I eoald stifle it no longer, but I was forcS to 
(dl her of it, and then 1 could not speak to her <^ 
it, hot writ. But withal 1 b^s^ed her to take 
oonotioe of it to any body, mr if she did, it 
#oiiM ruin us both. She was very angry to 
hear of it, and neither by writing nor speak- 
i^ cocdd I perceive she bad any afTeetion for 
lae ^fain, tiH the pariiament sat at Oxford; 
iad then I did pursue my love and my amours, 
and aft last, she one dsrr told me. said she, I 
bcre now considered of it, and if you do not 
leave writing or speaking to me of this matter, 
tfae vcsty first time you write or speak to me 
ania, i will tell my father and mother of it. 
Aact struck him so, he said, that he did not 
knaw almost what to say or what to do, and he 
walked np and down just 13ce a ghost ; but he 
lad it as wdl as lie could, that it should not be 
(eredved by others. Butthat parliament bemg 
midcly diasoited, he did intend to go down to 
Suaaex to his house there, being he found sh* 
Was residved against admitting his affection, 
and be wonld stay there severiu years, till he 
. bad weaned himself of his passion, and by 
Ibat time sbe would he disposed of otherwise, 
and be might be at ease. And he hiding his 
Iroable as nrach as he could from my lord 
^rkeley atid my lady, forbore to speak to her, 
bat only when he saw her he could not forbear 
looking earnestly upon her, and being troubled. 
Hylord Berkeley, notknowiufifany thing of it, 
^' ttked Ilim to go to London with us and not to 
flkaaex ? ' be was very much peraoaded by my 
hrd and my lady to it : ana at last, mV lady 
Harriett Berkeley came to him, and tbid' him, 
laid she, yon are very ranch persuaded by my 
hAna and mother to go to London and not to 
^Flark, whv do not you go with them? 
Hadaro, says ne, you have stopped my journey 
to London, yon have hindered my going with 
tbcm, for I will Either suffer any thing than 
fender yon any disturbance, and if I go to 
London with yon, I shall not be able to con- 
tain m vself ; but if 1 go to Sussex, I alone 
Aall hare the trouble of it. But one day, 
when- toy lord of Aylesbury Was leading my 
bdy Berteley, and my lord Grey was leading 
IDy lady Harriott, she took vAj lord Grey's 



dants. And, says he, you cannot imagine what 
I have suffered to come to see her.. I have been 
two days locked up in her closet without meat 
or drink, but only some sweetmeats. 

Serj. Ji^. What did he say of his makMg 
addresses to other ladies to take off his passion? 

Mr. Craven, He sidd, he did all he could, 
fbr he would tain have avoided bringinfi^ such 
an iniamy upon his ownfkmily and bis lady's, 
and he dfid endeavour to cooihis passion, by 
making love to two otlier ladies, whom he 
courted, and enjoyed both of them, hut yet 
all did signify nothmg, he could not subdue it. 

Att. Gen, Pray tell us what terms he in- 
sisted upon, for his patting with her, and what 
he said the law was in the case ? 

Mr. Crcpoen, I told him, my lord, besides 
the dishonour you bring upon yourself and two 
noble families, you should do all that in you 
lies, to avoid the punishment that will come 
Uj^nyou for it by the law. Oh, says he, you 
mistake yourselr in that, for yon must tMak 1 
have considered of all thUt bdbre ; th^ <ian- 
not do any thinff in law against me for it ; let 
them examine me case of Mrs. Heneage and 
my lord Cavendish. 

Att, Gen, What, did he say he would tKSt 
part vKth her but upon tenns ? 

Mr. Craven, He said, I Cannot persuade h^ 
and I will not betray her. Truly, said I, my 
lord, you had better betray her, and when she 
comes to be sensible of her own good, she will 
thai^ you for it tlien he owned he had her 
in his power, but would not part with her never 
to see her again. 

Att, Ger¥, What i#ete the terms be stood 
upon? 

Mr. Cfdven, My lady Berkeley 0^nt me to 
the coffee-house, and desired me to ask him* 
if he would give her an answer to what sbe 
had met him at my lord chicf^ justice's about 
My lord told me, he did not approve of sending 
her to the place proposed, but he would send 
her to his own sister, his broiher-in-law Mr. 
Nevirs ; I told my lady of it, who said, if he 
did state the case right to Mr. Nevil, she was 
sure he would not receive her, nor let him come 
to her if he did. After that Mr. Petit's was 
proposed, so he might visit her. But he did 



1591 STATE TRIALS, 34 Cuablbs II. l682.--7i'fa/ of Lord Greg and Uhir$, [\^9 

«ay, if that, be the dewD, that they would 
hare her from me, and I not to come at her 
when I please, they shall oever see her while 
they live, nor will lever deliver her. 

oeij. Je^. We rest here, to know what they 
on the other hand say to it, and we think this 
foul fact is fully proved. 

Lord Cavendish, My lord chief Justice, I 
desire to he heard one word in this matter. 
This gentleman, Mr. Craven, that was last ex- 
amined, has been pleased to tell a rery long im- 
probable story in itself, and amongst other 
things that he has said, he has been pleased 
to make use of my name impertinently enough : 
for he speaks of a case that that noble lord, 
he says, vnis pleased to mention to him. If 
he did mention that case to him, and did name 
my name, he also mentions the case of two 
laoies, he says, iny lord was concerned with. 
I desira to know how he came to name my 
name, and not tiame the two ladies he spealis 
of, that that noble lord made his courtship to 
and enjoyed ? 

L. C. /. My lord Cavendish, I could have 
wished he haa not named your lordship, be- 
cause it was not at all to the purpose. 

Lord Cavendish, My lord, I am not con- 
cerned at it at all, more than at the impertmency 
of his using my name. 

L, C. J. I could have wished, indeed, the 
gentleman had spared your lordship's name. 

Lord Cavendish, I clestre to know why my 
name was mentioned more than the two ladies 
names P 

Mr. Craven, My lord Grey did not mention 
the two ladies names to me. 

Lord Grei/, No, nor my lord Cavendish's 
neither ; it is all a lie. 

Lord Cavendish, I will bdie^e my lord 
Grey's word more than I will his oath. 

L. C. J. That your lordship may do if you 
please. But we must not do so here. Come, 
what say you to it on the other side ? 

Mr. wuUams. May it please your lordship, 
jiadyou gentlemen of the jury, I am qf coun- 
sel m tlib case for my lord Grey and the other 
defendants : and that we may come closely to 
the question, I desire I may first state the 
question before you upon this information, 
and then you \^l the b^ter jnd^e how far the 
evidence that has been given, is pertinent to 
the issue that you gentlemen are to try. The 
purts of the information are these : that my 
lord Grey, and the rest of these defendants, 
should conspire together to ruin and destroy 
this youne tady, and in the ezecution thereor, 
to bnog tfiifi their conspiracy to effect, they did 
often solicit and entice her to adultery with 
my lord Grey ; and in prosecution of these 
their ill purposes and desi^, she was by force 
and arms taken away from the custody and 
tuition of the e^rl of Berkeley, her father, and 
being so taken away, my lord Grey, and the 
.rest of them, did procure her to hve scanda- 
lously with my lord Grey, in whoredom and 
adultery. These are the parts of the charge, 
and the ^destion is, whetaer we are guUty of 



it ? For the evidence, I dare presume to say, 
that they have not made any direct proof of* 
the matter charged. On the other side, they; 
lu^/e, I do agree, ofiered something conjee-^ 
tural, upon which a man may iros^ine and 
think what he will ; but how far you are 
to conclude the defendants Guilty, out of those 
presumptions, must be left to you ; I know 
you will very well consider of it. It is ptain^ 
we are in a tery tender case ; it is a case of 
honour on all sides, and I hare often heard it, 
and always believed it. That persons of honour 
and quality in the world, would rather loae 
their lives than their honour. And I believe it 
is the opinion oT my client, my lord Grey, as 
well as of the prosecutors in this information. 
And therefore, you, gentlemen, I doubt not, 
will eiimect to have a clear evidence to convict 
him or this crime. And it is not only bit 
honour is concerned, but that also of another 

freat, illustrious, and noble family, to which 
e is by marriage allied. So that the aoquittiD§^ 
of my lord Grey of this matter, doth, in a 
great measure, acquit the other family of so 
^reat a scandal. For that will fUsify the 
information, and by your rerdiet you will 
remove those stains, tnat else may stick on both 
sides. We are equally between the two fami- 
lies, and your consideration will be, whethei' 
you will lay a stain upon both of them, or ac- 
quit them both. Now thei*e has been no proof 
against my lord Grey of any one point in the 
imormatiOn. 

X. C. J. No ? Sure you arc mticU mistaken s 
it is a direct proof against my lord Grey, I 
must tell the jury so, and therefore apply 
your defence to it as you can. 

Ml'. Williams. Truly, my lord, I hope it is 
not ; and our case is best stated, by laying open 
the truth of the fact, and then the matter will 
plainly appear. I cannot go about to justify 
the passion and the folly, for I may well call 
it so, of my lord Grey and this young lady in 
this case. It is mismrtune enough, to be ac-> 
cused of a thing of that natui-c, and it may be 
a great deal worse to be convicted. I shall 
agree there have been those transactions be-* 
tween them, that it may be, we cannot justify 
in strictness every thing that my lord Grey 
has done. But yet^ we say he is not guilty A 
this information. We do agree, there haa 
been an extraordinary nassion, nay, 1 must 
say, a very unjustinable one, between this 
lady and my lord Grey : but to conclude out of 
that, that because there was such an unrea- 
sonable, unjustifiable, extraordinary affection 
between them, therefore we must infer and 
conclude him guilty of this information, ta 
a very forced unreasonable construction ; for 
there are degrees in love, and we must not 
conclude the worst thing a man can be guilty 
of, because he is guilty of some degree. Theo^ 
to come home to the case of my lord Grey, 
we shall prove, and give your lonlsbip and tha 
jury undeniable satisfaction, that my lord 
Grey, so far from having inveigled away this 
young lady, or being any way ingtrumental t% 

1 . 



•• I 



l01}^STAT£llUALS;d4CbARttilII. iSM^^rAimieUng'Ltiya.Berkeky. [i6t 




ireyio^ ha awny, Uiat be med all 
be covid to have ^ycntod any things of 
nature befove, by dnoovering to my lady 
adey her mother, my lady Arabella, and 
my huif Lucy, her n^en, all pmooa of greai 
WBom^ and her neaieat reiatipiis, that abe 
Mintendto go away, by waromg them, and 
ghriBg' them full notice, that there might be 
BBch aa imentioo in the yonng lady. .We 
shaH prore fikewiflo, that m^ man in the world 
caaUdDmoire, when abe was gone, to retrieve 
We ahaU make it ont by undeniable cnr- 
908, pfTOved even by their own wit- 
It happened that my lord Berkeley 
and hip ihmQy withdrew to,acountry-bou8e of 
bii near Epoom, io yom* county, gentlemen. 
My kdy had some jeidousy, aa abe has been 
|fe»ed totestdy, that there might be some 
eitiaardiaary paasaon between my lord Grey 
aad the yavng lady ; having diseovered it by 
aamrjettera^ as she bath given evidence. My 
Imd Grc^ aogoainted her witli his aoapicion, 
tetahe mtended to go away, and was so jaat, 
that ha did not cow^ any one th*ng that be 
iaear ; yea, to acquit iiimfldf that be had no 
It demga himaelf, and if ahe did get away it 
was Done af hia fiuilt, he produced a copy 
•f a letter of admonition, which my lord Grey 
hiBMelf had writteii to her : and when my lady 
had heard bia advice about it, and bis counsel 
he gave her, ahe aaid, her father could not 
|Mve i^ven her better coonsel. This was so 
caily aa JuIy ; in the beginning of August, 
my Wd BeiKcley goioff down to bis couiitr^r- 
hooae at Epeom, and the family removing tbi- 
0Mr« Then my lord €hrey was sick here in 
Iowa ; and in tnis sickness of bis, there was a 
lettar sent to my lord Grey from his lady, de- 
mnag him to come down to my lord Berke- 
ky'a ; hut it aeetus he bad been under some 
cagagemcnt to my lady Berkeley, not to come 
wiUioutiier leave; and having regard ohis 
word past to qay lady, he would not do it. My 
My Berkeley, in a few days afUr, sent for 
him herself, and therein .thanks him that he 
was so just to bia word and honour, that he 
woaU mat come down without her invitation. 
UpoB Tossday before this mdiappy kidy went 
away from her fatber's house, my lord Grey, 
caaaeto my lord Berkeley's.. When he came 
jbnra* he was tery kindly received by my lord 
mi my lady. On the Thursday ibilowing 
my la^ Berkeley acoaaints ray lord Grey, 
dial this yvmg lady had a design to leave her 
Ittb9 9nd mother's fiimily, and run away. 
Mf lord Gciry. was so firank with her, aa to tell 
ter; Madam, I have long suspected such a 
fhisgy as I have told yon ; botlnladam, your 
daoghter Harriett is. all day in your eye, 
yoa.may look bar ud at night, and secure ner 
if ysv please. This was a timely caution 
ma hAiM ahe Inade her cm^^- On the 
Fndhyfi>llowuigceaEieaa.ktter from aa un- 
kaowBhaad'tomyUdy Berkeley, that mti. 
Medythat mocept they had a great care of 
thdrdaarttetMAa alma eye oyer her, she 
mk hwftthartflMUr*! kpg miQoj heroonfi. 

▼01. 1JU 



psay. My lad^ Berkeley shews this letter to 
my IM Gref , say;B he. Madam, this is no 
inore.than wnat Tbave often told yon, I have 
given yon some IntimationB already, and my < 
tbougMs and advice about it $ and whoever it 
be tlmtwjrit this leUer, I am afiaid her appie* • 
hensions of tome iU usage may put her upon ^ 
some «ucb desigfki. And he repeated it aeain, ^ 
Madam, let me caation and advise you, nava ' 
her always iu your eye, and lock her up safe 
at night. This was r^eatad over and over, to 
my hidy Loc};, and my lady Arabella. Thus 
it continued till Saturday, my lord Grey re* 
aolved to so to biscotmlry-hoaBe atUp^rark, 
and took bia leave of my lord Berkel^ and 
his £muly accordingly, and went that night to 
Guildford, and there he Jay, and rose the next 
momuigto go onwardx ofhis journey, but was 
puraued, it seema, by my lady Lucy. For she 
tells you, when this young lady bad left her 
father's fbmily , she inunediately on the Sunday 
morning came to Guildford, and sent after my 
lord, who was newly gone on his way, and- 
waa found on lisi way to his house in Haatex*, 
Having received my lady Lucy's commands, 
he returns to €hiildford, and there he bad the 
first notice given bim of my lady Harriett's 
escape ; toys be to my lady* Lucy, this is no 
more tban I have fairly warned you of before ;• 
had you taken my counsel, naa she locked- 
up.P No, said she, she is gone away, and 
your lordahip must needs know where abe is,> 
and therefore^ pray set her to return home 
again. Says my lor^ Grey^ 1 assure you I 
Imow nothing at all of it, an^ to give you all 
the satisfrction I can in the worM, I did not 
only warn you of it before, but I shall be as 
industrious as any of you all, you shalil fiuf}, to 
recover her again. For that purpose, I wilt 
see if she have crossed the river, or is gone 
any other way ; and if I can make any die* 
eovery, by fetter or any other way, I wilt 
send you word immediately ; and I am 
so ainoere with you, that if any letter coma 
to your family for me, I give free liberty 
to my lord and all his family to open 
them themselves, and see what is in diem } 
and if I do receive a^y from ber any othet 
way, a true copy of it ahall be seut ; and 
mere tban all this, if my lord be nM satisfied 
with what I have said, let my lord or my lady 
send, and set what spy upon me and my ac<« 
tions ihey please. Aod it seems he was taken 
athcB word, and they made choice of a very 
pro^v gentleman, and you heard what diB-< 
ooveries he has- made, and how he baa worded 
die matter. For first ,he makes my lord Grey 
at one time a very subtle lover, full of all in- 
trigues, and one that could conceal all within 
himself, and yet (when it would- do liim ao 
much injury) so open, as absolutely to. unbosom 
himself to one that waa an absolute spy upon 
hhAimd his actions, and tell him such thii^ 
as no man in the world sure is such a fool aa 
to tell another in his cireumstanoea. But that 
I leave to the jury (as my lord Cavendish has 
" tooflbnteortbeimpertiiiencyofhislong 



M 



1€S] STA3X TRIALS, MCBABL18 n. i€M^THal rfLori Cfigy^nni ofJbrf, [164 



Blory. When he had parted from my lady 
Lucy, heoames to London, and UMth all the 
cHliipeDce he could ^ find her 'out. On Wednes- 
day again he leaves .London, when he(ould 
not &d her, and ^th to hts own house : 
Upon Thursday this gendeman Mr. Craven 
comes thither to him. There he finds a letter 
from my lady Harriett, and b^use he would 
be exact to his word, be keeps a copy of the 
letter, and sends the origin^ of it tr> my lord 
Berkeley's. Now no man will imagine, if he 
had such an intrigue with this lady, as they 
would make the world believe, that he would 
ever have sent such a letter oat of his custody, 
which would have been a colourable excuse ror 
him. Nay, we do not rest here, but by the 
way we produce this letter to this gentleman, 
who it scorns, was our guardian, and told htm 
moreorer, here is my answer to this letter, and 
sends a copy of his answer with the letter 
from her to my kdy Berkeley. Then there 
comes a seoona letter, and he, accoiding to 
his word, discovers Uiat, and there is not one 
oircumstance in all his carriage that doth ac • 
cuae him. . After * this second letter was inH- 
I»rted to my lord Berkeley's family, he con- 
tinued a while at Sussex, and afterwards, when 
he returned to London, he used all the means 
imaginable, for a person that was so near con- 
cerned in point of relation, and in regard of Ins 
own reputatien, to have found her out, but 
oould not These are the drcumstanoes pf 
my brd Grey's particular interest in this 
matter, and when we have made out tiiese 
<^pcum8tance^ we hope the worid will be)ieve 
Mm not g^ty. It seems the young lady is 
now in court ; she is so just, it seems, as to 
come to do my lord right, and that one thing 
wilTknockaU tbeir conjectures on the head; 
for she best knows what has been done, and 
theiury will consider whether this be imagi-^ 
naUej that my lord Grey should conceal bef 
•U this while, and produce her now, when if 
•ny violence hath been offered her she may 
freely tdl it And as for the man that couU 
ten so Teiy readily^ this was tha very kdy 
that came to his bduse,- when she had so 
hooded and muffled up herself, we must leave 
him and his credit to the jury. We sbsil 
thereforo desire, when we come to the close of 
our evidence, that thi« young lady may be 
here examined uponiier oath, and then, I hope, 
the truth will come out. 

Mr. Thompton, My lord, because your lord- 
ihip seems to be spmewh^. satisfied that there 
is a direct proof of the matter charged against 
my lord Grey, therefore 1 suppose it wTll not 
be amus to open the. fact, and in three words to 
stale tne charge, and the nature of their evi- 
dence to maintain it-r 

X. C J. Come, .oome, call yeqr witnesses 
and make out your defence. 

Just. Dolben, If you can prove what Mr. 
Williams says, you do something, but do not 
think to vuSke long speeches; go on to. the 
Cfidence. 

It- C.J. Any, Mr. Thompsoiiy do not you 



befieve we want any of yourhdp to reooUeef 
the evidenee given, or to direct the jury about ^ 
it, do you disprove it if you can. 

Mr. Thompson, Myford, theoonrseofprac-> 
tice I always took to be so, to open and observe • 
upon the evidence given, and then answer it 
But! submit to your lordship for that; yoa 
may do as you pleoae. 

Lord Grey, Then, my hnd, I desire 1 may 
speak something myself. Certainly, my lordy 
no man ever lay under a more infamous accu- 
sation, than I now do ; and therefore, I hope^ 
your lordship will pardon me,' if I defend myself 
as weU as I can mm it ; and undoubtadly, if 
in any case a man be allowed to speak for him- 
self, it must be tdlowed to roe m this. My 
honour lies here at stake, and if my life did so 
too, I am not, nor should be more conoenwd to 
save that, than I am to dear my reputstioD, 
which is and ought to be very dear to me* 
My lord, were I goilty of Ae viUainies that 
here are laid to my charge, I certainly should 
need no other punishment, I am sure, 1 eould 
not have a worse, than the 'reflections of my 
own oonscitece for them, and' I ought lo he 
banished the society of mankind. My lord, I 
must coniiesB, I have been so unhaj^y, (though ' 
it is more than they could else prove) as to 
have a very gr«at kindness ibr this unfortunate 
young lady, my lady Harriett Berkeley : but 
yet, not so criminal a one as the witnesses that 
have been produced would have you tO'believey 
nor as the infonnation would insinuate. .1 do 
here protest, I was no way assistiBg to her es- 
cape, nor privy .to it ; nor have 1 ever at all 
since detainled her from her fether, though I 
have sufiered a fortnight's close confincnient 
and imprisonment for tt ; and all this I doubt 
not to make out to your bvdship's and the 
jury's satisfaction. I «ball say no more of the . 
justice of my cause, but endeavour to prove it ; 
and, my lord, this is that which I say to it. 
The evidence that has been given consists moot 
of such and such disQOursi^ that have been be- 
tween tlie witnesses and myself, and those I 
sbaU give what answer is nt to be given to 
them. A negative, as your lordship very widl 
knows, is not to be proved. Particular dis- 
courses we have had, ef the same nature ae 
Mr. Williams has opened, aboet my cauliouingf 
them concerning her Utempts to fo away i ' 
and I shall app^ to my lady Berkdey her^ 
self, whether that be not so. If my lady 
Berkeley own it to be true,. I h6pe that is very 
good proof. My lord, about the time that tiiey 
speak of, concerning the letter whidi I take to 
be in June or July, I was sent for 1^ my lady 
Bericeley into her chamber; when I name there, 
my faidy told me there was a letter, which, she 
said, was desired to go from her daughter to 
me. I askedlier, if she had read the pententa 
of the letter, she said no. I asked her, whortter 
the direction of the letter were to me, she could 
not tell Urnt, But my Udy had .told me, her 
daughter had given her the aecomt of what 
had passed between us, that abewia satisfied 
thece was a oorrespoiideiioe of kite between vb^ 



165} STATETRIALS, 94C9ABlsft n. 1663.—, 

1^ raaMrretO inn, I p ro ffered to abwDt my- 
irif. I desire my lady may aoswer whether 
this be DOt 80. 

L. C. J. That will be to intneate the busi^ 
aesB^ to go OD thus. Pniy, my lord, if yon will 
aik ai^ question of any body, tell them your 
cmmsei, and let them ask them, but to make 
kMMf diaoounes all day is ifl>t to be permitted. 

£ofd Grey. My lord, I will^^k then my 

Scstions all together by and by.. My lad^r 
irkdev going down with my ford to Dar- 
daoti, desired that my wife might go down 
vitl^ her, to which I readily consented. Soon 
after that, I fell sick and kept my bed a while. 
When I was well ag^un, an^ going into Sussex, 
I snit for my wife to town, and would not go 
ftCch her, because I would keep my word with 
her ladyship. My lady Berkeley thereupon 
wrote me a letter, wherein she thanked me for 
JBOt coming according to my promise, and 
eommendea my modesty in it ; and said, there 
would be no apprehension of any ill from me, 
if I did come thither for a short time. And 
tfaoenpon being invited by her ladyship, to 
tdoe her house in my way to Suiisez, i did 
osme down thither. And I urge this, to shew 
tbst there was no conspiracy or design of any 
nidi thing in me, for I had^ot gone to Dur- 
duita, if I had not been sent for, and so there 
i^as DO design in my going. When I came 
tUther it was the Tuesday, and on the Thurs- 
day my lady Berkeley did acquaint me, she 
was niMer great apprehensions and fears ; and 
I adced her the reason of it. She ^Id me, 
"Riat the. had been at some ease, her daughter 
baTing made a great submission to her, and 
promise of constant obedience, and that she 
wsvlddo all as she would have her, if she 
WDold but giTe her leave to go to town with 
her; but yet, for all this, one morning she 
puis on her hoods and scarfs, and was going 
sway, and had done it, but that the French 
WQsaan and another prevented it. I told my 
hdyBerkdey then. Madam, said I, I have 
good Tsason to believe she may have some 
saeb intention. I did not give my reason at 
thst time, but I shall by ana by. But, said I, 
if she do go away, I cannot imagine but that 
it is possible she may. send to me, and I will 

E* eyoor ladvahip notice as soon as ever 1 
vw ; and tooii^ yon seem to be satisfied, 
aod to think your daughter secure here, yet 
yoQ do not thJoiSf. her so indeed ; and you 
umst needs use her fli, or she would have no 
^Mights of i^ng from you. For my part, 
if she do go away and come to ipe, I will shun 
it as I would death, aad-yoa have now fair 
wanung' ; she ia all d^ in your eye, pray be 
soie to kx^ her up um at night. Upon Fri- 
day fbnowing- comes a letter wi&out a name 
to it, and Mr. WiDiams haa opened to you the 
cotttents of the letter. She read the letter when 
bar daughter was in the room, who asked what 
theklter was, and being denied to have any 
■ccooiit of it, was in the greatest confusion in 
the world, and leaped and run dawn stairs like 
A Quul tbiiig, and my lady heraelf was very 



much diitorbed at it When I kaw the letter, 
paadam, said I, this letter ought to confirm you 
in the resolution of taking my advice ; it can 
coroe from nobody, but some one that is to 
assist in the executuig of this design, but thinkfl 
it too daii^perous to engage in, and gives you 
thia warning to prevent it You have suffi- 
cient caution given you to make you careful. 
Whereas, my lord, if I had been in any sort 
of conspiracy of that nature, to take her away, 
my )ady Berkeley certainly should have been 
the last woman in the world that I would have 
commnm'cated it to. My lord, I went a^ay 
from Durdants on the Saturday, and so to 
Oufldford, where I lay that night, and went on 
my journey the next morning, but was over- 
taken on the road, by a messenger from lady 
Lucy, who was come to Guilford to speak with 
me ; when I came back to her, she told me, 
my lady Harriett was gone away that night, 
and th^ did believe I knew where she was. 
Said I, Madam, I have as great a share in this 
misfortune as any of you all, because of your 
supicion ; but sure you must have used her 
very iH and make her do this ; and you are 
much to blame, when you had all that warn- 
ing from me ; why did you not secure her, 
and lock her up as I advised you I Said she. 
She was locked up, but the key was left in the 
door. Upon this I went to London, and I had 
appointed my lady Lucy to meet her on Mon- . 
day morning, to give an account what I could 
learn ; but I told ner, that I had heard nothing 
of her, nor is there any proof that I did see her 
at any time, till I owned it before your lord-^ 
sdiip at your chamber. She seemed not to be- 
lieve me when I told her so. Madam, said I, 
it is certainly true ; aud to convince you that 
I have no hand in this matter, I will go imme- 
diately into Sussex, and there I will stay as 
lon^ as you wiU have me ; and if you please 
to go yotirself with me, or send any body else, 
to observe what I do. She thought it not (it 
for herself to go with roe : but my lady Berke- 
ley and she afterwards pitched upon Mr. Cra- 
ven, who had been a long time a servant in the ' 
family, and I agreed \vith my lady in that, to 
have him, and receive him as a spy upon me. 
Discoursing with my laily Lucy, said I, Ma- 
dam, ndw 1 will tell you .the reason, which I 
forbore to tell my laoy Berkeley, why I bad 
good ground to suspect my lady Harriett had 
a design to go away, and it was tliis : My lady 
Harriett came to me one day, about six weeks 
or more ago, in the court-yard at St. JohnX 
and says she to me, I am used like a dog, I 
live the life of a slave here, L can endure it no 
longer ; by the eternal God that made me, I 
wUI not be alive long, unless I can set myself 
at liberty. This I said to m^ lady Lucy ; and 
these, said I, were reasons enough for me to 
warn you to look well after her. I did, ac- 
cording to agreement^ go into Sussex imme* 
diately ; and I then told my lady Lucy, I be- 
lieved I might have a letter from my laay Har * 
riett, by the Wednesday night's post, because, 
said I, ierio cannot writesooner than tha^ and if 



t€r] STATS TBI ALS» 34Ciu»jiE»«. l«M.-'T«Vrf</iX0it3r<w<«««rF, [ifi* 

Ibave^ I wUlsend you. wcnnL Wlieii I vf§B 
tbere^ Mr. Craven came the next, day to my 
kou^ ; and an soon as he came, said I, Here 
is a lette)* I have received from my ]ady Ibr- 
riett, and if you will, jrou may tale a copy of 
it. I took a copy of it myself, and sent the 
original of it to my lady X.ucy, though they 
have not thoug^ht fit to produce the letter now 
in coUrt, that vour lordship and the jury might 



see it. But tlere is. mine, which is the first 
account what was hecomc of her after she went 
away, that I received, except what account I 
had firom my lady Lucy at Guilford; and this 
will shew to all the world, that I was not so 
much privy to her going awav, as they say I 
ffras. I had deuicd to assist her in it, when 
she complained to me of her ill usage; and 
when she attempted to ffo away before,!, upon 
my lady's telling me of it, gave her sufficient 
- caution. And for the ti-uth of all this, I appeal 
to those very witnesses that have been pro- 
duced agaiust me. When I had shewn this 
letter to Sir. Craven, 1 sent it away by a ser- 
vant of my own, to my lord Berkeley's, and 
wnt to my lady Lucy, and desired her to pen 
Whatever answer she should think fi^, to send. | 
My lady Lucy did write to me back again, and 
tofd me the substance of what 1 was to write, 
but the penning of it she did leave to me, for she 
believed I woiUd do it effectually. I did write 
an answer to my lady Harriett's letter, and that 
apswer I shewed to Mr. Craven, and asked 
him if it were sutucient, and he seemed to 
approve of it. The lady herself is in court, I 
know not whether she can. give an account of 
the letter, I suppose she can tell you what an 
one it was. 1 had ailerwards another letter 
from her in answer to mine, and that I hare 



me, I could npl protect heragaisslh«rfiitter. * 
I then told your lordship' &od my lady Qetl(e* 
ley. She. was not in my house, nor in my om- 
tody. They replied, She was in my power ; 
but how coukl she be in my power, when 8h« 
was not in my custody, nor in my bdgi«g t 
But my crime was that I knew where she w«a*~ 
And it I do deserve punishment for keepin|^ 
my word and faith with her, which Ji gare 
her in a letter, upon her impor^ity n^ to 
betray her,) must submit to it, I could not in 
honour da otherwise. My lord, I desire tbia . 
first tetter ma^ be read, which was first scot by 
my lady Harriett to me. 

£. C. J. Surely, my knrd, for all your \ot$g 
discourse youcanpot. hut apprehend youradf 
mistaken, when vou say there is no crime 
charged in the inrormation, but the taking her 
away to such an intent and purpose. Surdy 
there are other things besides that Ana 
what you speak, if not proved, your lordship 
knows must pass for notbmg. 

Mr. William. My lord, your lorcbhip has 
made a right distinction between disooufMS 
and proofii. Therefore discourses between 
strangers and thii-d persons, are not to be stood 
upon, but tlie proofs are ; and all the evidence 
together must be leil to the jury, to oonsiriks' 
what is material and peitment, ^iid wbat not. 
We shall therefore go on to our evidence ^ and 
shall begin with my lady Berkeley first, gnd 
ask her ladyship some questions, and we de- 
sire to know whether she hath seen this leU* 
tor? 

L, C. J. But take notice, the letter you pro- 
pose, we cannot read it. 

Mr. Williams. But, my lord, it was agreed 
I between my lady Lucy and my lord Grey, tliaft^ 



here, and it will appear by both of those let- if he received any letters from my lady Har^ 



ters, whether I had any interest in her going 
away. Though perhaps that would not have 
been such a crime neither ; and vet I think 
.withal, that there is not a tittle or proof that 
f had any hand in it, not one proof of any cir- 
cumstance like it. And if there be any crime, 
it must be the taking her away, to suen an in- 
tent and purpose as is charged in the inibrma- 
tion. , Before I came to town, I was sent for 
about some other business, yet I would not 
come till I had my lady's consent ; for I sent 
lier word, my lady Hsftnett writ in her letter, 
that she was going beyond sea, and if I went 
to London I might prevent it, but I would not 
go without my uidy*s or Mr. Craven's consent 
atid approbaUon. When I came to town, I was 
one day at the coffee house in Covent- Garden, 
I was tnen sent to by this lady, who was in an 
hac^kney-coach at the door, and when I came to 
' the coach side to her, she gave me a tedious 
history of her ill-usage at home, wh\dx niade 
her come away. Aud when your lordship's war- 
rants were out ib search ibr her, I came up to ; 
your lordship, and I dare appeal to your lord- 
ship, whether I did not acquaint you, that she 
only sought for protection, and was willing to 
return home, so she should be satisfied shq 
•bPiddoQi be IB treated agauL You then told 



riett, he should communicate them to my Hdy 
BeHkeley, and tliis letter coming to bun, hm 
first shews it to Craven, this man that was tinift 
set as a spy upon him, and after sent it to onr 
h^y Lucy, and whatsoever answer they wovu 
have sent, was promised shouhL be, and ao- 
cordingly was first sliewn to Craven, and then 
sent, if this were the agreement, and theoft 
letters were thuft written, then sure we mi^ 
read them. 

L, C. J. You may ask my lady Berkelejr 
any questions, but must not read any suc^ 
letters. 

Seij. Jeff. Pray, Mr.Williams, let us go ac- 
cording to the course of law, and give no. 
evidence, but what is fit to be given as evi- 
dence. 

Mr. Williams, Tlien thus. Madam, pray caa. 
you remember the discourse that p^st D^tweeo. 
my Iprd Grey and your ladyship in June, con* 
cerning your daughter and him ?. 

J jSidy Berkeley. Where? 

Mr. William. At St. John's. 

Lady Berkeley. I do not well knofr what dis* 
course you mean ; but any particular diaoouTM. 
that was there I will answer to. 

Mr. Williams. That discourse that past bon 
tweenyou the first tinae that you aequ«iatodBi|r 



1(9] STATETiUAI^S4Cki4«Uin.]«ai-->brAiMnid^ Berhbg, [170 



kid Grey'thai 700 mpected ibcte was too 
' iwch ftmilkuriiy bMweea him and yow 
ter. 

Lady Beribe/«y. .The first time do yoa say? 

Mr. Williams. Yea, Madam ; I tbink yov 
were pleased to say, that apoa your first dis- 
covery, yoo sent fiir him and talked with him. 

Lady Berkeley. I did sot say upon my first 
diseovery, bat when I had discovered it. For 
I would be very punctual to the truth in my 
Cfidence. 

Mr. Williams, You say, your ladyship had 
iome ^sooune with bim in june. 

Ijady Berkeley, I think it was in June. 

Mr. Williams. Pray, Madam, can you re- 
member what my lord Grey promised your 
ladyship then^? 

: Lady Berkeley, He told me then, he would 
obey me in any things, even if I would banish 
bim my house. 

Mr. Williams, Was there any letter then 
prodooed by yonr ladyship or my lord Grey ? 

lojdy Berkeley, Of what concern f 

Mr. WHkams. Any letter that lelated to 
your daiu^ter ? 

Lady Berkeley. No ; but I told him of aletter 
that was ibnnd, that she had writ to him. 

Mr. WaUams. Madam, pray have yon that 
letter, or any copy of it ? 

lady Berkeley, No, it was torn to pieces, I 
can brmg* the pieces, I beUeye, if there were 



Mr. I^losipMft. Your ladyship read it, I sup- 
pose? 

Lady Berkeley, No, my daughter Bell read 
it, and tore it in pieces* 

' Mr. Williams, Was there any discourse be* 
tween your ladyship and my loid Grey, about 
aaj other letter? 

Lady Berkeley, Not at that time, 
f MrJ' Williams, Was there at any other time ? 

Lady Berkeley. Yes, at tbe Charter-house 
4ft tav lord's honse, one day my lord Grey de- 
sired me to walk into the. gallery, for he bad 
aamedung to communicate to me, and the dis- 
CDuse thai past between us then wai> this ; he 
shewed me there ft letter of the passionate lore 
he had fm her, with some good counsel in it 

Mr. Williams, Did your ladyship approve of 
the counsel he gave her ? 

Lady BerkeUy* 'Sffr&r, when there wHs ^so 
much love and passioD in the letter. 

Mr. WUUams. Fray, Madam, recollect your- 
aetf, were yon not pleased to like of that letter ? 
- Lady &rkeley, I could never like of the 
passionate expressions in it; there miffht be 
BJNH' thing, in it well #aid enough, but with the 
greatest expressions of passion and lore ; inso- 
Bsncfa, that he faimsdf said of it, madams I'm 
ashamed of that part, and would have had me 
overlooked it. 

Mr. Williams, Did yonr ladyship say, her 
father eould not giro her better advice ? • 

Lady Berkeley, Not that 1 know of 

Mr. Thompson, Pray, Madam, did you ever 
sarib? 

U4j Betkeley. Surely I did. not: For I 



♦. 



oosldnotbat thitic hb coldd gi«e her a great 
deal better advice. . . 

Mr. Williams. Does yoilr kdjnhip, pray 
Madam, remember any macourae between my 
lord Grey, and you, upon the Thursday beftra 
your daughter went away ? 

Lady Berkeley, I cannot tail for Thursday./ 

Mr. Williams, Doeb your ladyship remem« 
ber the letter you received firom an unlmown 
hand ?— Lady Berkeley. Yes, I do. 

Mr. Williams, Did you shew that letter, or 
read it to my lord Grev ? 

Lady Berkeley. B!fy lord Grey came up to 
me, and seemed to be very careful of my con* 
cems ; Madam, said he. Pray take care, fsr I 
saw ai letter directed to your ladyship, without 
tbe mark of tbe post, or the penny-post upon 
it. And, said he, I give you tliis caution about 
it before it comes to you. Because my lord 
was by, I arose up and went to tbe other Ma 
of the room, and mv lord Grey followed me, 
and when I took up the letter, I saw something 
that I thought to be rery odd and unusual iif 
his carriage, as if he were in great disorder, as 
I was ; and I went to my chamber, thitiber myi 
lord Grey followed me, and that letter be 
would see, because he said, it had put me 
in some disorder : I told him be should not see 
it as then. I sentfiir my daughter Lucy into 
my closet, and diewed it her, and she was in 
great disorder about it too. 
V Mr. Williams, Pray, Madam, can yon re- 
member whether that letter did caution you to 
look well to yonr daughter, or else you were 
not like to have ber company lonj^ ? 

JLoAy Berkeley, The letter did say some 
such tning, I must look after my daughter, or 
I should lose her. 

Mr. Thompson. And this was on the Friday, 
before she left your ladyship, Madam, was it 
not? ' 

Lady Berkeley, Yes, it was so, I think. 

Mr. Williams, Pray, Madam, what did my 
lord Grey say upon Uiat ? 

Lady Berkeuy. He was extreoMly earnest 
to see the letter, because, he said, it had so 
disordered me ; and at laflt I was persuaded tn 
let him see the letter : he turned tiie letter up- 
side down, and looked on the subseriptien. 
Madam, says he, is this all that dsord^rs yoo 
so much, 1 am used to have many suoh letters 
Ijy the penny-post; this is nothing^ but to 
amii^se yon. It ia a very siHy letter, and writ- 
ten by some woman, as you may see by the 
spel1ii>g. 

Mr. Williams, Did he caution you to lock 
up y oni * daughter at nights to secure h^ ? 

£ady Berkeley, Not one word upon this 
letter ; bvt the next morning again lalking 
about this letter, he said. It was a foolish fetter, 
and what siHould I trouble myself about it fi)r ? 

Mr. TFiilt. W. But, Madam, had you any 
caution girei t you by my lord Grey about this 
time, to take t ^are or your daughter P 

Ladyfieribe»Vy. Not that I remember, to 
lode her up. 

Mr. Williams, What theft did he say ? 



I 

171] OTATETWAL8, 34CflARt£s II. iSB^.'^lirial of Lord Grey imiMhm^ Cl7« 



Ii«dy JBerfte/ey. I will tell you what he said 
to me once or twice. Madam, whatever you 
do, do not make her desperate. I asked him 
what he meant by that word ? Said he, It is 
Bot necessary to explain tliat word to you ; I 
meant hothiDg*, but do not use her ill. Now, 
nnr lord, I was so f^x from that, that I used her 
TVtth all the tenderness of a motl)er, like a 
aster rather than a daughter ; na}', he himself 
has confessed, she was better used tlian he 
imagfined she was. 

Mr. Williams. Did your ladyship, at any 
time, intimate to my lord Grey, that you had 
any apprehensions 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 rise about 8 o'clock, and left ray daughter 
alone in the room, and when she came up 
ag^n, my daughter had put on her hood and 
fcarf, and her petticoat was pinned up, as ready 
to go out, and the woman being affrighted at 
this, called up my other daughter, and so pre- 
vented it ; uid sdW came and told me she had 
. pinned up her petticoat thus about her, and she 
did not Know what she meant to do. Upon 
this I went to my daughter, and, said I, What 
is the reason that you pinned up your petticoat, 
and put on your nood and scarf ? Says she, I 
had not my scarf on. But says my woman to 
roe, when I came into the room, you thru/st 
something into your gown. It is true, I did so. 
Madam, said she, but it was upon the account, 
I had got a sheet of paper, upon which 1 in- 
tended to write, and seeing her come in, I put 

it in mygown- 

Mr. mlliams. Pray, Madam, did my lord 
Grey at any time caution your ladyship about 
your daughter, to lock her up, or tell you his 
opmion that he thoufht she would leave you? 

Lady Berketei/. I cannot positively say 
that ; nut he used to say to me, Madam, do not 
make her desperate ; I do not know that ever 
he advised me, as to the locking her up. 

Mr. Tkfiii^ton. Did h^ desire you. Madam, 
to take care that she did not go. away irom 
you ? — Lady Berkeley. I do not remember it. 
. Mr. Williams. Pray, Madam, can you tell 
who brought that letter from an unknown hand 
to you at Dardants ? 

Lady BerkeUv. It came down with other 
letters to my lord's steward. 

Serj.Je^. But yourladvship says my lord 
Grey was very solicitous aoout that letter^ 

Lady Berkeley, Yes, Sir, he came to me, and 
veiy earnestly cautioned me about it : for, said 
he, I see there is neither the^ general-yost nor 
the penny-post marie upon it. And jtnowing 
himself guilty of what ne was guilly of, he 
miffht be afraid lest my lord should nee it, and 
80 ms business come out. 

Mr. Williams. Pray, my lady LiTiCy, do you 
vemember that ever my lord Grey ailVised the 
locking her up P 

Lady Lucy., ][Jpon discoursiyig of the letter 
that came mm an unknown hand, my mother 
Mid la asy lw4 Grey y sura tfaaj^ is snak a horrid 



thins* that it can never be dune ; my lord Gcey 
might then reply and say, if you fear it, you 
may lock her up : but I do deny that ever %. 
heard him say any thing to caution my mo- 
tho*, that he thought she was agoing. 

Mr. Williams. Madam, the question I ask *- 
your ladyship is, whether my lord Grey did or > 
no direct or advise to lock her un P 

Lady Lucv. Upon my motner's discourse 
concerning the unknown letter, and how nd a 
thing that would be, he might say, that if site 
fewred that, she. might lock her up; but he 
never did say that he did think she would ffo. 

]^r. Thompson. Pray when was this, Macuun, 
how long" before she left the family ? 
LadyXiJcy. The day before. 
Mr. Williams. Then, Madam, for thedis^ 
course you had with him at Guildford, what 
said he, he would do? 

Lady Lucy. It was at London, that, be . 
passed his word to so down into the coantry% 

Mr. Williams. What did he promise you to 
do there. Madam ? 

Lady Lucy. He said he would not stir from 
Up -Park till he heard from my fother. : 

Mr. Williams. What did my lord say to you, 
Madam, about the letters he should receive ? 

Lady Lucy. He did say he would send U9 
all the letters that came to him from her, and 
if any came to our hands we were to open 
them. 

Mr. Williams. Was my lord Grey willing 
to receives spy. Madam, upon him? 
Lady Lacy. Yes, he was. 
Mr. Williams. Was there any letter sent to 
your ladyship from my lord Grey ? 

Lady Lucy. Yes, there was a letter with one 
in it from my lady Harriett. 

Mr. WUUams. Have you those letters bjr 
you. Madam ? 

Lady Lucy. No, I have neither of them 
here. 
Mr. Williams. Can you tell the contents of it ? 
Lady Lucy. I have told them already. 
Mr. WilliasHS* Pray, Madam, will you please 
to recollect yourself a little, when you were at 
Guilford, and told my lord Grey that my lady- 
Harriett was eone away, did not my lord teU 
you, you had not observed the directions and 
advice he gave about her, to lock her up ; and 
did not you then answer him, yes, the door was 
lodged, but the key was left in ? 

Lady Lucy. I (fid reply, the woman had not 
locked it carefully enough after her. 

Mr. Williams. Did you not say, thai the door 
was lodged, but the key was left in ? 

Lady iMcy. I do not remember a word of 
that. 

Mr. Williams. Madam, will you please to 
cast your eye upon that letter, and see if that 
paper be a true copy of the letter you had ? 

L. C. J. What paper is that you offer, Mr. 
Williams ? 

Mr. Williams. It is a letter from the young 
lady to my lord Grey. 

L. C. J, You know no use can be made of 
that paper» why do you offar h ? It iaconluid- 

9 



»73] 



, 34Ch AKLBS II. 1 Gs^.^fcr iehauching Ladytt, Berkeley. [ 1 7i 



' ei that mv kml bad the lady in his power, and 
tfcni would not slie write any thing ? 

Mr. WUiiams. Then, my lord, there is the 
ymiDs tedy herself, we desire she may be exa- 

UOcll. 

Seij. Jcfferies, But before we part with my 
bdy Lucy, if you have done, we desire to ask 
her a question ; It is here insinuated, as if 
Aerefaad been some hardship put upon this 
vtmng* lady, or some ill usage m her father's 
bnnly : Now for the honour of that noble funily : 
I voold have that point cleared ; and therefore 
Cray Madam, did you ever observe any un- 
mdnesa, any seventy or harsh usage, that 
va$ used to tbis lady, Cy my lord or my lady at 
uy tnoe? 

iLady Lucy. So far from that, that all of us 
Jnd a^ealousy that she was loved best. 

Seij. Jefferkt. Pray take notice of that, gen- 



X. C. J. Phiy, Madam, let roe ask you one 
foestioB. AfWr my lady had discovered this 
evil affection between my lord Grey and this 
yoong lady, did she then pnt any indecent se- 
venties iiMRi her, or use her very hardly ? 

Lady iMcy. My lord, I came out of France 
but two days before she went away. I saw no 
such thing. 

Mr. WiUiams, We ask her about my lord 
Grey, and you ask her about a third person. 

Serf. Jtfferies, Oh good Mr. Williams, we 
know why we ask her that question. It is an 
ezlvaordinary case. Pray my lady Arabella, 
will you answer the same question P 

Z. C. J. Ay, Madam, pray let me ask you ; 
after this ill business between my lord and her 
was disoovervd, did my lady Berkeley, (I cannot 
say ray lord, for be knew nothing oi" the matter 
tid she was gone away) use her ill or un- 
kindly? 

iMy Arabella, No, no, my lord ; no mother 
in the world could be more indulgent and kind. 
fihe did indeed find it necessary to have a 
stricter eye over her, and she did put a woman 
about her to look afler her, and did not permit 
her to write any letters. She had, or expressed 
a greater kindness for her. than any of us aU 



Lady Berkeley, Ay, and that my lord Grey 
knows to be true. 

X. C J. No, no, when my lord Grey was 
in bis passioo, he might say so, but he Las no 
proof to shew of it. 

Sen. Jejferies, My lady Lucy and my hidy 
Arabola, what person did you fear should take 
her away, pray ? 

Lady Arabella, We were not afraid of any 
My but my lord Grey. 

LNJy Lu€y, There was no reason for fear of 
sny body but hiin. 

m. Williams. Vty lord, there is the' young 
hdy, we desire she may be sworn. 

Ait, Gen. We oppose it. Sir, and have very 
^fosd leason so to ooV and we think it is time to 
ioitnoWfiferer. 
L C. / Wby should she imI be sworn, Mr. 

Attoniey f 



Just. Dolken, If the lady herself have the 
confidence to«be sworn, I see no reason why 
she should not. 

Att, Gen, This case, my lord, is in the 
nature of a ravishment of ward, for it is for 
taking a younff lady out of the tuition and cus* 
tody of her fatner, who is her guardian by na- 
ture, and it is apparent in the proofs, she is 
highly criminal in this very matter herself, in 
consenting to so away in such a manner, and 
to such an evilpurpose ; and now she comes 
to excuse one, that is nqt only a partaker in her 
lault, but the first seducer. Now, my km!*, 
when we have proved this matter of love upon 
her, that is laid in the information, sure she 
cannot be a witness for them, she would be a 
witness to excuse herself. 

jL. C. J, Mr. Attorney, I do think truly, t^at 
notwithstanding what you say, she may be a 
witness, being no party to the information. 
But withfd, I thipk there is very little credit to 
be given to what she says. 

Mr. Williams. Sure these gmtlemen forget 
themselves much in offering to liinder or opposs 
one*s being a witness, that is no party in the 
cause. 

Mr. Serj. Jefferies. TVuly, my lord, we would 
prevent penury if we could. [Then die was 
sworn."] 

X. C J. Brother Jefiertes, we cannot oppose 
it, if they will press it, and she consent ; but I 
tell you wliat I think of it. 

Air. WiUiams. If she be sworn, my lord, we 
would ask her a question or two. Madam, wc 
would desire your ladyship to answer whether 
my lord Grey had any hand in your escape ? 

Lady Henrietta. No, Sir. 

Just. Dolben, You are upon your oath, 
Madam ; have a care what you say ; consider 
with yourself. 

Lady Henrietta. Yes, I know I am npoa 
my oath, and I do upon my oath say it 

Mr. Williams, Did my lord Grey advise you 
io\i? 

Lady Henrietta, No, I had no advice frpm 
him, nor any Tiody about him, nor did he kno\f 
any thing ot it, it was all my own design. 

Serj. Jefferies, Madam, 1 would ask you this 
question, and pray consider well before you 
answer it. Did you see my lord Grey on the 
Sunday after you went away from your 
father's? — Lady Henrietta. No, I did not. 

Serj. Jefferies. Did you see him on Monday T 

Lady Henrietta. No, 

Serj. Jefferies. Did you on Tuesday? 

Lady Henrietta. No. 
~ Sen. Jefferies, Didyou on Wednesday ? 

,Lady Henrietta, No. 

Sen. Jefferies. Good God ! Pray» Madam, 
how long aflerwards was it that you saw him? 

Lady Henrietta, Sir, it was a great whU 
afler. ' . 

' Mr. Williams. How many days or weeks 
after was it ? 

Lady Henrietta. Sir, I cannot teU. 
^ Serj. Jefferies, As near as yoa OHi| ;tf^«y^ 
when was it? 



175} STATE TmAL% S^CharlesH. \6%2^TrUl of Lord Grey mid oihtrs, [17S 



Lady Henrietta. I cau remember the first 
.place toat I saw him at ailer, bat the time ex- 
actly 1 cannot. * 
JVlr. WUlUmu, Where was that, Madam ? 
Lady Henrietta. It was in a hackney- 
coach. 

Mv, Williami. That wasJhe^me, I suppose, 
that you seut fbr him oat of the cofiee-house 
in CoYent-Garden ? 

Lady Henrietta. Yes, I did so. 
Mr. Williams, Pray, Madaiu, did you write 
any letter to my lord Grey after your going 
away ? 

Lady Henrietta, Yes, I did by tjie next post. 
Mr. Williams. When did you write that 
letter, Madam ? 

Lady Henrietta. L did write it upon the 
Tuesday after I came away. I hope that is no 
ofTence. 

X. G* J' No? Is it not? You should have 
writ to somebody else sure. 

Lady Henrietta. I thought him the fittest 
person for me to write to, and I did not imagine 
It would be any ways scandalous for hinl, he 
h&ng the nearest relation I had in the world, 
except my own brother, that could protect me. 
Mr. Williams. Had you any answer from 
my lord Grey to that matter, Madam ? 

Lady Henrietta. Yes ; and a very harsh 
letter it was. 

Mr. Williams. Did you write him any other , 
fetter? 

Lady Henrietta. Yes ; . but I received no 
answer of it at all. 

Mr. Thompson. Prey, Madam, did my lord 
Grey, at any time, persuade you to return to 
iyour father's ? 

Lady Henrietta, Yes, he did so several 
limes. 

Seij. Jefferies. Pray, Madam, do you know 
Chamock, that was my lord Grey's gentleman ? 
Lady Henrietta. Yes, I do. 
Serj. Jefferies, Upon your oath, did not he 
carry you away firom Durdants ? 
liidy Henrietta, No. 

S^. Jefferies, Nor did not his wife assist 
you initf--Lady Henrietta, No. 

Son. Jefferies. Nor was she not with you on 
the ounday morning ? 
Lady Iienrietta, No, nor was not with me. 
Att. Oen. Were you not at Mrs. Hilton's 
then, Madam ? — Lady Henrietta. No. 
Att, Gen. Were you at Patten^ ? 
Lady Henrietta, Wo. 
Sol. Gen. Nor at Jones's t 
Lady Henrietta. No, nor at Jones's upon 
ny oath. 

Att: Gen. Prey, who did come with you 
fipom Durdants? 

Lady Henrietta. I shall not give any ac- 
count of that, for I will not betrey any body 
for their kindness to me. 

Mr. Wallop. If it be no body in the infiirma- 
Hon, she is not botmd to tell who it was. 

Lady Henrietta. If I hare vowed to tbem 
before, not to discover. I wiUaot break my fow 
Wlhcin. ^ - 



Just. Dolben, If they ask yon of any bod jr 
in the information, you nave heard their names, 
you must tell if it were any of them, but yoir 
are not bound to tell if it were any one else. 

Lady Henrietta. No, it was none of them* 
I went away upon another account. 

X. C, J, If you have no further questions to 
ask her, proy. Madam, sit down again. 

Lady ^€nrie^^a. Will you not give me lesTO 
to tell the reason why I left my father's house ? 
Just. Dolben. If they wiU ask you it tbey 
may. You are their witness. 

Mr. Williams. No, Qiy lord, wedo not thiols 
fit to ask her auy such question ; she acquits 
us, and that is enough. 

Lady Henrietta. But I desire to tell it my^ 
self. 

L. C. J. Truly, I see no reason to permit it» 
except we saw you were a mgre indifferent per- 
son to give evidence than we find you. 

hsidy Henrietta, Willyou not give me leave 
to speak for myself? 

Just. Dolben, My lord ; let her speak what 
she has a mind to, the jury are gentlemen of 
discretion- enough, to regard it no more tbaa 
they ought. But, madam, for God's sake 
consider you are upon your oath ; and do not 
add wilful perjury to your other faults. ' ^ 
Lady Henrietta. I have been very much 
reflected upon hei-e to-day, and my reputation 
suffers much by tlie censure of the world, and 
therefore— 

JL. C. J, You have injured your own repu- 
tation, and prostituted bc^ your body and your 
honour, and are not to be believed* 

Justice Jones. You are, madam, to answer 
only such questions as are asked you pertineat 
to tbe issue that the jury are to try, and if the 
counsel will ask you no questions, you are not 
to tell any story of yourself. 

Mr. Ireton. My lord, as to tbe evidence of 
Patien, the case is quite otherwise than they 
would represent it to be, about Chamoek's 
coming thither for lodgings, for Mrs. Pattes 
is a midwife, and used to lay Mrs. Chaniodc, 
and it was for her to lye-in at Patten's honae, 
because it would be inconvenient to lye-in at 
my lord Grr^'s. 

L, C. J. What does that signify ? bat prove 
what you can. 

Mr. Thompson. Where is Mrs. Patten, they 

wouki not produce her, because they knew it 

was against them ? [She appearing was sworn.] 

X. C. J. Well, what do you ask of this 

woman now ? 

Mr. Ireton, I would ask her, my lord, whe- 
ther were there any lodgings bespoke in youp^" 
hoQse against September ? 
Mrs. Fatten. I know nothing of that 
Mr. Ireton. Was there any hody in Jane sr 
July at your house to bespoik hnlgioffB ? 

Mrs. Fatten. I cannot tdl the mon& nor te 
day. 

Mr. Thcmpion. prvy, mistresf, speak what 
you do know. 

> Mrs. Patten. Mr. Chsmoek and bis wife 
did come to my boose bat sommer. 

I 



irrj STATE TRIAIA d4CHAtLStIL i6$i.'^fcrdAauekimgLadjftlBiriekif.[l79 

that fiteth any diing of the matter apon my 
lord or my lady. 

Mr. Wallop, We do hope in your lordahip'a 
ob8er?ation8 upon the evidence to the jury, 
you will please to take notice, that there ii no 
colour of evidence of any actual force unon the 
lady which is laid in the information, tnat my 
lord did vi et armit abducere. Sec. 

L, C. Ji Oh, Mr. Wallop, fear not, I shall 
observe riffht to the jury ; but you have read 
the book tnat is written concerning juries late* 
ly, I perceive. • 

Ser|. Jeffl He has studied such books no 
doubt, and has learned very good counsel from 
Whitacre. 

L. C. X Lode you, gentlemen of the jury^ 
here is an infbrmatiun on the behalf of the 
king, against toy lord Grey, and the other de« 
fendaiits ; and it doth set forth, that my lord 
Grey having married one of the daughters of 
the eail of Berkeley, and having opportunitT 
thereby of coming to the earl of Berkeley's 
house, he did unlawfully solicit the lady Hen« 
xietta, another daughter of the earl of Berke* 
ley's, a youn^ lady, to unlawful love ; and that 
he did entice her irom her lather's house ; and 
that he did cauee her to be conveyed away 
from thence a|rainst her father's consent ; and 
that he did unlawfully use her company atler- 
wards in a very ill manner, an unjustifiable 
manner ; and tms, gentlemen, is the substance 
of the information ; in truth, it is laid, that he 
did live in fbrnication with her. Now, gentle- 
men, to this, my lord Grey, and the other 
persons, the Cnamocks aind the Jones'# 
have all pleaded not guilty to it. Now then» 
the (Question before you is, whether there 
were any such unlawftil solicitation of this 
lady's love; and whether there was anv 
inveiglement of her to withdraw herself 
and run away from her father's house 
without his consent ; and whether my 
lord Grey did at any time frequent her company 
aflerwards. Gentlemen, the evidence that has* 
been given, you have heard what it is, and it i^ 
very plain, if you do believe these witnesses^ 
that speak it from my lord's own mouthy that 
he hiUh a Ipng time unlawfully solicited ner to 
lust For there is notliins; else in it, gentle* 
men, (that is the plain Enmish of it all) he hns* 
enticea her to unlawful lust. My lady slie 
gives evidesoe of it from his own mouth, that 
mere was an intrigue of unlawful love between 
them: She says my lord Grey condemned 
himself for it several times, but yet prosecuted/ 
it ; he ovmed it was a most disinjpennous and 
dishonourable thing in him, which indeed it 
he did therein in tnith Biake a right 



Mr.WiUutms. What was their bnsiBeflB ? 

Mrs. Pollen. ForhKlffings. 

Mr. JSkommon, Did mey tell>yoa who they 
vene for ? Did they talk about lying-in ? 

Mrs. Patien, They were only for his wife. 

Mr. JErelon. Did lie teU you what time he 
duHild come ? 

Mis. Patten, He ^ tcil me they were not 
fit to come iDto yet, but they might at such a 
&De, but the did not know her own reckoning: 
Bat Ihe^ were not takoi. 

lb-. Lrctom* Are not you a midwife? 

Mrs. Patien. 1 was Mis. Chamock's. 

L,C.J. What is that to this purpose.* 

Seg. Jeffl Now yoa are sweetly brought to 

SCO* 

Mr. Iretifn. Pray, wooian, vnll yoa tell what 
Ifarv said to y oo ? 

Ars. Patten, Mr. Chamock and Iiis wife 
eaaie to our bouse for lodgingnk 1 adsed her 
wfae they were for ; she saidthey were for a 
Ijeotlefiroiiian. I asked her • who she wasi 
Says slie, iur myself to lye-inhere. Said I, 
how oomes that about ? Says she, about the 
tine diat I reckon my lord's family will bcr in 
town, end I find it not convenient to lye-in at 
our own house ; then my father and mother 
Wie sent Ibr me into the country', to lye^in 
tbei^ but I cannot think of going tiiither, 
hecarae of changing my midwife. Then, said 
I, truly. Mis. Chamock, any thine in my 
Invae w at your service. Said she, I think it 
eonvenioit rather to be here than to go ii)to the 
eoQDtry ; but I do not desire that my lord's 
lunily should know that I intend to Ive-m here, 
for I weuld notinccmvenience mv lady's house, 
«Dd yet my lady, it may be, will not permit me 
Id go out. 

£. C. J. But, mistress, there came one to 
your house from Mrs. Hilton's, who was 

Mrs. Patten, I do not know ; I was not at 
hsme then. 

L. C. J, Did you not come home before 
Ib^ went away ? 

Mrs. Patten, No, Sir. 

Srij. Jeff, Was that woman they brought to 
)ye-in in your house, mistress ? 

Mrs. Patten. Who (!o you mean, Sir ? 

Sen. J^, The other gentlew<mian that came 
with Mrs. Chamock and Mrs. Hilton* The 
fadv that spoke just now. 

Mrs. Patten, I do not know ; I never saw 
her &oe in my life, that I know of; what m^ 
hosbaml saw I cannot tell, I saw her not ; it 
laay be die, it may be not, for any thing I 
know. 

L. C. /. Well, gentlemen, have you done, 
viQ you call any more witnesses ? 

B^. WiUiamt, We have done, unless t)||ey 
aH any more. 

8e^. J^, We bhall only cidl a noble lord, 
Ay kvd of Ayled>ury, to testify what he 
koowi, being' very much conversant in the 
JanOyy of the treatment he ha^ observed of this 

L C, J. That needs not, for thei e is nobody 

TOt,iJiC. 



was 



estimate of the thing. He did own he bad. 
betrayed the fhmily, and brought it into great 
scandal, and had abused both father and mother 
by this ninlavrful sdUdtation of their daughter 
to this unworthy wicked affectioi^; but he ex- 
cused it all with the greatness of his passion, 
and that was all ; he prayed her to consider, it 
was a great and passionate love, a love that 
he coold not rssist; he loved her above all 



179] STATE TRIALS, 34 CHARLES 11. l6S2.—7K«i 4)/ ^'^*^''<y^«*^'*«'«' U^^ 



tvomen living, and many fair promues of 
nraendment and desisting be made, but you see 
how he has performed them. Yon hear my 
lady Arabella tells yoa there was a letter writ- 
ten* by my lady Harriett, this lady that appears 
]K)w m court as a witness for my lord Grer, 
which she had oat of her own band, and she teils 
you the effect of it ; it was to invite my lord 
toother nii^t, as be had been with her a rormer 
Might ; and to shew the greatness of Jier long- 
ing for him, she desires it might be 4|aick1v, 
not ft> stay till Monday, for if he did, she should 
be mipfhty impatient, if he delayed so long ; 
and wftbal idie told him, her sister Beit, which 
J take to be my lady Arabella, had set dis- 
cerered h, nor neard the noise fliat was be- 
tween them that night they w«re totfetiier. 
My lady Lucy, idie tells yon, he owned there 
was an unlawAal love between hfad and her 
lister, it must tiecds then be true, if he DWti«d 
t to her, and he said that it put him nneii 
mighty inconTeniencses, and he owned he fiad 
done so raoch wrong to the Ihuuly, that he 
could never repair it. You hear mf My tells 
Von she forbid him the ikmily ; and you hear 
likewise, what Ir^ desi^s ne had, and what 
he pretended th^ he might eonthitle to oetne 
to the family, if you believe mv lady. For he 
pretended that this would bo tne wair to make 
It public, if he were ihrbid the house altogetber ; 
bnt be woold be under her dlreetimi, he would 
do nothing but what she shotdd approve of; 
that he would not apply himself to her daughter 
to speak to Iier, nor write to her. And you 
hear that fbr all this, he did, before my lady 
Arul)ella, vent a great deal of passion for her, 
that she was the only person in the world he had 
any love for ; that my laily Arabella tells you i^ 
heard him say, m heii he had seen her fall down 
like a dead woman. When he had made my 
lady a proimif^e that he would not oame without 
U*»'e^ he sends his own wife thither first to heir 
that he might come down,' and very earnest 
and importunate she was with her mother^ not 
knowing any thing of the intrigue, bat was 
tnado instmnicutal to get leave te ctimedown. 
And Ht Irniyth Irjtve was given hiui to dine 
theiT, as he ^>'t;nt to Sussex ; hut he comes at 
9 o'riock at night, and then excnses were made 
by him for it 5 any my k>rd Berkeley desiring 
him to stay, who was not acquainted wi^the 
unlawful affection that was betweeil his daugh- 
ter and him, and aocordiu<<]y he did stay till 
Haturday. You hear, gentlemen, what is said 
to you now, as to her carrying away, fbr all 
that has been hitherto o!»served to you, has 
been only to the UAlavvfiil solicitation of this 
lady to unlawful love. My lady tells you, that 
that very night that my lord Gi-^y went from 
her house was her daughter carrifid away. 
\ 6n see then, the question will be, whether iny 
lord had any hand in carry ingf her away, and 
for that you nmst weiw-h thcjjc circumstances. 
It is pretty manifriit that this coachman, 
that is, Oharnock, did earry h^r away. Now 
the chaplain, tells you, that my lord wni carnpst 
ill several dhicoiirses that (by with Charuock, 



and uader some great trouble, he could diaoena 
that in his oountenanoe ; and several tiaMs he 
was sent for to him, as thoogh there was some 
mighty earnest business imposed upon Char- 
nock to do. Clraraock made as though he 
went away, it seems with his lord, who went 
away about 4 o'clock ; and the lady was carried 
away m the moniing between 14 ami 1) which 
is the time spoken of. Now to prove that 
Cbamock carried her away, yoa iiave these 
circumstances : She was brouelit to the heoae 
of Hilton, there waa a lady brought in diere 
that morning* about 9 o^elock by Chamock ; 
Cbamock was the afternoon before going to 
Up-Psn^ with hia kyrd, but it is manifest 4iat he 
was back that morning at London, and ao 
brought the lady thither that nomiag. If you 
believe Hilton, the witness, it is manifest she 
had been a journey, and was very weary, so 
that ahi^was fidn to go to bed at 9 o'clock. 
This tady that waa there brought by Chamock 
and his wife, was afierwaids carried to Pattea'^s 
home, MfB. Hiltot^awean it ; and Mr. Fatten 
aweara they did eome in there. There was a 
great deal of holler uaed m the case, and car^ 
taken ; and Mra. nllfeoii tells you why ; thej 
taw same men about the door, which the^ 
were afraid night be men that came to look 
after the lady, and ao they slid away througta 
the badc-door, which proves somethm^ in that 
she was t5 be ^Mneeated. Then consider the 
cireumstances of the clothes that do so exact! j 
agree. There was a gown with red and greeil 
flowers stripied, and there was petticoat striped 
with red, and a white onilted petticoat under 
that the hdy had on that came to Patten 'a; 
and the lady's woman who lay with her and 
looked afVer her, describes to you her gowo 
and petticoat to be the same as those were thai 
the lady had on, who was hurried away from 
Patten's house at night to another lodginrj^ 
Yfe cannot indeed discover where that was» 
Now then, afler this, my lord Grey, he und^* 
takes to my lady Berkeley, that *be would g9 
to Up-Park, and stay there till he had leavo 
to come to town. Patten who saw the lady| 
swears this js the very lady tibat sits here, and 
who has been examined, but denies it If she 
was the lady that was brought to Patten's, she 
was the same tliat was brought to Hilton's^ 
whither Chamock brought her ; and so there 
is a full evidence of the guilt of Chamock and 
his wife, who was the solicitor about the busi- 
ness, took lodgings for ^er, helped her away 
from Hilton's, and helped her to Patten's, and 
from Patten's some where else. So that if yoa 
believe tbero, Chamock and bis wife are bo^ 
ffuilty . As to my lord Grijy, who w^ent to Up- 
Park on the Wednesday, soon afler he came tb 
town again, and it is positively sworn that he 
came to Jones's upon the Tuesday, and sesft 
fbr Jones ont to come to him, who was in a 
hncknoy-coadi, where he discoursed with him a 
pretf^ while, and afterwards the room is pro- 
vided for the lady up two pah* of stairs in Jones's 
house. She is brought thither, my lord Grey 
came twice to the house, and both times without 



jai] STATE TBIALS, 34 Charlks II. i6S7^9rdA&ueking Lady H.Berketey. [i$t 



Ms petiiwig, «s fhe maid swears she knew him 
vefj w^j and there he toek lodfings ^ a 
fady, and that lady came after wardS. Now if 
this fiiUsout to be my lord Berkeley's daughter 
tbeD you hare it pushed home upon iny kurd 
Grey. That this was my k>rd Berkeley's 
-danghilery yen have diis endenee made op of 
drcamslaiiees. EiraC, the mflicy used in the 
case by my lord, to have au so pnrstely ma- 
ftaeed. Another circtmstanoe there is, though 
at first it seems hut sfight, yet if it be wdl eon- 
sidered will signify very much, and that is what 
the naid does testify. 6be says her linen was 
broogiit down to be washed, and ihere was a 
«iiift that was veiy remaiicable, for it had the 
body of one sort of cloth, and the sleeres of 
SBoiher, and that she took special notice of it, 
sod theaoe woaM have eenduded that the 
lady was not a person of <]«iUty ; and anoflier 
of those very shiAs that belonged to my lady 



Hanriett was brought to tier aflerwards, and 
«he swears it was of thesame fashion and make 
with tiMt which the lady had tiiat lodged iu 
their iMMne ; and it was, as aH do agree, just 
4nilie same manner as this was, with the fclody 
of one doth and llie sleeres of another. Then, 
there is colonel Fitz-Gerrard was in those Yery 
lodgiDes at Hiat time ; and he comes and tells 
yon, ^at having heard of my lord Berkeley's 
daughter's departure from herfatber, and coa- 
odenz^the cireumstances that he had heai'd 
the maid say that it waCs my h>rd Prey's mis- 
tress that was broughtin thrther, and such other 
drcomstaao^s concurring, he did condnde this 
Is be ^be ladv, and be tens Jones his suspicions 
concer ning it (whose wife was by the way so 
very officious to conceal the lady, that she 
would not snfier her maids to come up stairs, 
but would rs^er shut np the shop-nindows 
herself, than the maids shonld come to see 
her.) Mr. Jimes b«rin^ discourse with the oo- 
Isaei aboot this, and iioding the lady was 
smoked, was amrry at the c^onePs curiosi^ 
which increased the ctrfonel's suspicion. He 
tali Jones, this must needs be the lady, and 3 
wiB see her. Which he very much fearing, in- 
Healed him ttot'to disturb the house at that time 
of night, and upon pomise tolet him see her the 
QcstnwuDgjlie desisted; but told him, he 
knew not what be was doing, he did a very ill 
tfaiogto conceal a yonng lady from her friends ; 
hcrnther and mother not knowing where she 
was, nuight give her ^rer for dead. But in the 
aomiDgtfae lady was conreyed away. This, 
Id me is m idirewd circnmstance that Jones knew 
her fo be the iady, and to conceal all the 
Mter, got so much titbe to send her away. 
1*0 wl^t pnrpose else was she carried away, 
when the colonel was to see her, that he might 
be ntisfied about his suspicion, and so acquaint 
herfttherf But she was conveyed away pre- 
smdy. Oendenaen it is mantfest by all the 
witiKSies, nnd by ^hat the defendants coun- 
sel theoMciTes opened, that umler this ab- 
sence^ the lady from her^ber, he had an 
imercourse of liters with her, which is a great 
ciiBaiDfllaiiee to prove that she was .caiTied i 



away by kis contrivance. He couUl tell the lady 
Lncyy^hatshe should never be bi*ought back 
again, without he might have leave to visit 
her. So that, it seems, he had full po^er over 
hear. There is another gentleman, who has 
told yon he wassetas ai^y over him ; and if 
you believe htm, my lord Grey has made a 
confession to him as he would to his ghostly fa- 
ther ; he has told you the intrigue of all his 
unlawful love, from the beginning to the end ; 
how long he was engaged in it before he had 
any comibrt I'rom the lady, when he had the 
finst demonstratioa of kindness from her, and 
the ii4iole matter all along. There is another 
gentleman that was sent to treat with my lord 
(Mr. Smith) concerning this ; he tells you my 
Iprd Grey and he being in a long discourse, he 
oflered that he would «li ver her to one person^ 
but not to another ; She should be first sent to 
his bcother-^n-law, Jfr. Nevil's in Berk^ire ; 



afterw ar ds to another place, Mr. Petit's, so as 
he might have access to her ; but he tells you 
also, this was the conclusion of all, he would 
never part with her, nor never deliver her, 
upon any other terms, than that he mis^ht have 
access to her whenever he would. Now lay 
all this together, and see what it amounts to. 
He that had so great a passion for her, he that 
could not be without a sight of her, but used 
such ways to come to speak to her ; he that 
had letters from her all along ; he that liad 
such power over her, that he could deliver her, 
as he said, or tfDt, and would keep her in spite 
of her fiither, unless he might have leave to 
visit her as often as he pleased ; and consider 
then i say whether it is not more probable, that 
he had a hand in carry in^f her away. It is 
plain, beyond all contradiction, she wascaiTied 
away by his man, who was in his company that 
night ; he pretended to go to Up-park, but wa* 
in London the next morning by nine o'clock. 
Mylonlcame aiVerr/ards to take lodgiugs lor 
her, two days one afVer another. Whether then 
he be not as guilty as Charnock, or Rny^f the 
rest, nay, inmd, the main mover or this ill 
thin^, you are to consider upon the evidence 
thatlias been given. Biut you must, withal, 
take into your consideration, what tny lord 
Orey says lor himself. He ariced several ques- 
tions of the ladi^ that were examined, but 
truly never a one worth the remembering, that 
I know of, or that made to his purpose. He 
does indeed pretend that the young lady was 
hardly used at bosM, end that she ned to him 
as to a sanctuary for protection ; and you hear 
the several witnesses examined to that point ; 
and ibey all say she was used, notwithstanding 
the discovery of ^s ill business, with the great- 
est kindnesa and respect that a child couhl be 
used with by her mother, and no hardship put 
upon her but only she was forbid to write any 
letters to my lord Grey, and had a maid put 
upon her to keep her from running away, be- 
cause once berore she attempted it, 4U3 her 
mother did believe. The lady berselt is bere» 
she has been examined ; she indeed denies this 
all along ; she says that this coach-man Char* 



163] STATE TRIALS, 34CflAmLSsII. \€s%r^THalcf lAn'dGrejfandoiheri,[%B^ 



nock diil not cany her away ; she says she was i 
not at Hilton's, nor at Patten's, nor ai Jones's ; ■ 
that she never see my lord Grey till a long time 
aAer she went from her fatberV But this is 
all disproved by the other witnesses; and so 
whether you will believe her single testimony, 
or their's, I must leave it to you. You must 
iMnslder under what circumstances she is, and 
traly she doth not seem to be any way fit to be 
betieyed in this matter. Jones and his wife 
are as guilty as any of the rest, for their con- I 
trivance to keep her secret, especially after that 
be had promised Fitzgerrard to letlum see her. 
Look you, as to the long discourse my lord 
Grey made, I must tell you, it is not to he be- 
lieved further than it is proved. Now my lord 
Grey did tell us, that he irom time to time had 
given caution to my lady, that she should look 
to her daughter, and lock her up, for else she 
would, as he believed, mn away. My lady 
denies it all, and so it goS-all for nothing, and 
^ou are to take no notice of it I must U«ye it 
to you whether you do believe whi^ these wit- 
nesses have sworn, if you do believe the evi- 
dence produced for tlie king, most certainly 
they are all five guilty of the chaige in the 
information. 

Just Doiben, There is no evidence against 
Rebecca Jones. 
X. C. J. No, thete is not. 
Sen. Jeferiet, No, we cannot insist upon it 
that there b, you must find her not guiky . 

Just. Jonet. 1 must remember you of 6ne 
^hing, gentlemen, and that is, what dropped 
frommv lord Grey's own mouth, that when 
my lonf, as he says, g^ve his advice that she | 
should be looked ailer carefully, he would not 
give his reason for it, but atler he di(i, as he 
says, tell it my lady Lucy, that she complained 
rto him at St John's, that she led the liie of a 
dog, or a slave, and she would not endure it 
any longer, imd desired him to assist her, or 
she would do herself a mischief. Why was not 
this told before f 

L, C. J. Ay, hot brother, my lady Berkeley 
denies it all too. 

[Then the jury began to withdraw.] 

Earl pf Berkeley. My lord chief justice, I 
j^ire I may haye my daughter delivered to 
me agaip. 

L, C. J. My lord Berkeley must have his 
daughter again. • 

IMy Henrietta^ I will not go to my fiUher 

Just. Dotben, My k)rd, she being now in 
court, and there bemg a Homine replegiando 
l^inst my lord Grey, for her, upon wluch he 
was committeil, we must now examine her. 
Are you under any custody or lestraint, 
Jttailaw ? 

Lady Henrietta, Nq, my lord, I ao[i not 

X. C. /. Then we cannot deny my lord 
pprke.ey the custody of his own daughter. 

Lady Henrietta, My lord, I am married. 

X. C. J. To whom ? 

IMj Henrietta, To J|r, Turner. 



L.C.J. WhatTumerr Whereisbe? 
Lady Henrietta, He is here in court. 

£He being among the crowds ^'ay was made 
for him to come ip, and he stood by the lady 
and the judges.] 

X. C. X Let's see him that has manied yon. 
Are you mapied to this lady f 
w. I^tmer. Yes, I am so, ipy lord. 
X. C. J. What are you P 
Mr. Turner, i am a gentlenian. 
X. C. /. Where do you live ? 
Mr. Turner. Sometmies in town, sometioiec 
in the country. , 

X. C. X iVhere do you live when you are in 
the country ? 
Mr. Turner. Sometimes in Somersetshire 
Just Dolben, He is, I believe, the son of 
sir WiUiam Turner that was the advocate, lie 
is a little like him. 

Serj. Jefferiei, Ay, we aD know Mr. Tumor 
well enough. And to satisfy you this is all a 
part of the same design, and one of the foidcat 
practices that eyer was used, we shall proye he 
was married to another person before, that ia 
now alive, and has children by him. 

Mr. Turner. Ay, do, sir George, if you cao, 
tor there never was any such thmg. 

Seg. Jejferiet. Pray, Sir, did not vou liye at 
Bromley with a woman as man and wife, and 
had divers children, and living so intimately 
were you not questioned for it, and you and 
she owned yourselves to be man and wife ? 

Mr. Turner. My lord, there is no snch 
thing ; but this is my wife I do acknowledge. 
Att. Gen. We pray, my lord, that he may 
have his oath. 

Mr. Turner. My lord, here are the wit- 
nesses ready to prove it that were by. 

Earl of Berkeley. Truly as to that, to 
examine this matter by witnesses, I cwiceiye 
this Court, tliough it m a great Court, yet baa 
not the ci^nizance of marriages : and though 
here be a pretence of a marriage, yet I kn6vr 
you will not determine it, bow ready soever be 
be to make it out by witnesses, but 1 desire 
shenuu' be delivered up to me, her father^ 
and let him take his remedy. 

L.C.J. I see no reason but my lord may 
take his daughter^ 

Eail of Berkeley. I desire the Court will 
deliver her to me. 

Just Dolben. My lord, we cannot dispose of 
any other man's wife, and tliey say they are 
inarried. We have nothioe to do in it 

X. C. X My lord Beikdey, your daughter 
is free lor you to take her; as for Mr.Turoer^ 
if he thiolu he has any right to the lady, let 
him take his course. Are you at tiberty and 
under uo restraint P 

Lady Henrietta. I will go with my husband. 
Earl of Berkeley. Uussey, you shall go 
with me home. 
Lady Henrietta., I will go with my husbaud, 
Eariof Berkeley. Hussey, you shall go with 
me, I say. 
Lady Ucnrietta, I will go with my hi^|)iMkd^ 



185] STATE TRIALS, 34CaARULSlI. \6H^^§rd(imu:kimgtttdyH.Birkdeg.[l^ 

JmAj Henrietta. I w31 go with my hOB- 
band. 

Eaii «f Berkeley, Then all that are my 
inends seize her I charae you. 

X. C J. Nay, let us have no hreakiug' of the 
peace in the Court. But, jmy lord Cayendisb, 
the Court doea perceire. 3rou have appre- 
hended youraelf to be afironted by that gf entle- 
man Mr. Craven's naming jpu in his evi- 
dence ; and taking notice ot it, they think fit 
to let ymi know, that they expect you should 
nof think of righting yourself, as they have 
some thoughts you may intend. And there- 
fore you must lay aside any such thoughts of 
any such satisfacSuon. You would do yoursdf 
more wrong by attempting to right yourself in 
any such way. 

Lord CuvewUsh. My lord, I am satisfied 
that your lordship does think it was imperti- 
nently spoken by him, and shall not concern 
myself any further, but only desire that the 
Court would give him some reproof for it. 

Then the Court broke up, and passings 
through the hall there was a great scuffle 
about the lady, and swords drawn on both 
sides, but my Im chief justice coming by, or- 
dered the tipstaff that attended him (who had 
formerly a warrant to search for her and take 
her into custody) to take charge of her, and 
carry her over to the King's-boich ; and Mr. 
Turner asking if he should be committed too, 
the chief justice told him, he might go widi 
her if he would, which he did, and as it is re- 
ported, they hiy together that night in the 
Marshal's-house, and she was relei^ out of 
prison, by order of the Court, the last day of 
the term. 



Mr. WUUama. Now the lady is here, I sup- 
pose my lord Grey must be disdiarged of his 
BBprisoiiineDt. 

sen. J^me». No, my lord, we pray he 
ma? be continaed in custody. 

L. C. J. Hofw can we do that, brother, the 
commitmeBt upon the Writ De Homine Reple- 
giando ia but &1 the body be pindooed, and 
here she is, and says, she is under no re- 
strainl. 

Sesg. Jefferiei. My lord, if yon please to 
lake a littie time'to oonsid^ of it, we hope we 
may aatisly yon that he ought still to he in 
curtody. 

X. C. J. That you can never jlo, brother. 

Serj. Je^^rtes. But your lordship sees upon 
the pitxiD to day, this is a cause of an extra- 
wdinary ibul nature, and what verdict the jury 
may give upon it we do not know. 

Att, Gen. The truth of it is, we would have 
my kivd Grey forth-coming, in case he should 
be couricted, to receive the judgment of the 
Court. 

X. C. J. Yon cannot have ju^^fment this 
lens, Mr. Attorney, that is to be sure, for there 
are not ibur days left. And my lord Grey is 
to be found to lie sure, there never yet, before 
this, was any thin&f that reflected upon him, 
tboQirh this, indeed is too much and too black 



if hebeffuilty. 

Joflt.I>o/^. Brother, you do ill to press us 
to what cannot be <lone ; we, it may be, went 
Xnrther than ordinary in what we did, in com- 
mitting him, being a peer, but we did it to get 
tbe young lady at liberty ; here she now ap- 
peals, and says she is under no restraint ; 
what shall we do ? She is properly the plain- 
tiifin the Homine Repl^iando, and must de- 
clare, if she please, but we cannot detain him in 
custody. 

X. C. J. My lord shall g^ve security to an- 
swer her suit upon the Homine Replegiando. 
Mr. Williams, We will do it imme<uately. 
X. C J. We did, when it was moved the 
other day by my brother Maynard, who toM 
OB of ancient precedents, promise to look into 
them, and when we did so, we found them to 
be as much to the purpose, as if he had cast 
his cap into the air, they signified nothing at 1 
all to his point But we did then tell hihi 
(as we did at fost tdl my lord so) if he did 
• produce the lady, we would immediately bail 
bim. And she being[ now produced, we are 
bound by law to bail nun. Take his bail. 

[And accordingly he was bailed at the suit of 
the lady Henrietta Berkeley, by Mr. Forrester, 
and BIr. Thomas Wharton.] 

EarlofBer^%. My lord, I desire I may 
bare my daughter M;ain. 

X. C. X My kwa, we do not hinder you, 
jou may take ber. 



On the morning after the trial, being Friday 
the 24th of November, the jury that tried the 
cause, havinff (as is usual in all cases not 
capital tried at the bar, where the Court do 
not sit long enough to take the verdict) given 
in a private vermct the evening before, at a 
judge's chamber, and being now called over, 
all appeared, and being askra if they did abide 
by the verdict that they ^ve the night before, 
they answered, yes ; which was read by the 
clerK of the crown to be, that all the defendants 
were godty of the matters charged in the in- 
formation, except Rebecca Jones, who was not 
guilty ; which verdict beinsf recorded, was ^ 
commended by the Court and the king's coun- 
sel, and the iury discharged. 

But in the next vacation the matter was 
compromised, aod so no judgment was ever 
prayed, or entered upon record, but Mr. At-i 
totney General was pleased, before the next 
Hilary-Term, to enter a Noli Prosequi as tci 
all the defendlants.* 

♦ 8ee the next Case. 



1 87] STATE nUALS, S5 CHAKlss II. l€S3.—TruU of Uiamst PiJkingt^n, [i D^ 



291. The Trial of Thomas Pilkington,* esq. Samuel Shute, 
esq. Sheriffs, HfiNar Cornish,! Alderman, Ford Lord Grey 
of Werk, Sir Thomas Player, knt. Chamberlain of London, 
Slingsbf B£tu£L,:{; esq. Francois Jj!:nk.8,|| John Deagx.^:, 
Richard Freeman, Richard Good£nough,4 Robert Kkv, 
John Wic^cham, Samuel Swinock, John jekyll. Senior, 
at Nisi Prius at the Guildhall of London, for a Riot, and an 
Assault and Battciy on Sir John Moore, then Lord Mayor : 
35 Charles IL a.d. 1683. 

the traDsactions, howerer limited witibm the 
liberties of the city, which was bnt a pii« 
vate capacity, yet, consequently, iheyim- 
prored to a grand crisis of state, and hinged 
aboat the whole ma^ne of king Charles 2*8 
government, from * & poStwre of jpreat uncer- 
tainty, trouble, ^^d hazard ox the public 
pubhc peace, to a complete settlement of 
him and hia authority in a shining serenity 
and peace. And this tranquillity, to the utter 
confosion of the adFei:se party, continued, 
with little shew of chanee, till that immense 
and dolor ious loss by nis demise, when the 
sluice-gates of change opened : But those 
affairs are beyond the limits of my luider- 
taking to account for. But, as I said before, 
little remains above ground to noti^. these 
brigues, that had audi monstrous effect, to 
posterity ; and, like the items of Gates's 
plot, are^ as the acts of the heroes of 
antiquity, turned into fable, as it 



{lloger North writes thus as to the contests re 
specatbg the elections of Sherifis of London 
out of which this case arose : 

<< I intend now to present a denouement of af- 
fairs, a new turn, which happened upon cer- 
tain rectifications, brougiit about in the city 
^ London in the year 1682 ; and began in 
gaining the . election of sir John Moore for 
lord mayor, and was followed by the sp- 
polntment of sir Dudley North and sir 
Feter Rich for sherifis, whereupon Igno- 
ramus vanished : Bnt all this was not done 
without immense concussions and noise, that 
affected not only the city of London, and the 
countries thereabouts, but, in great nieasui:e, 
all England besides. The author hath given 
nothing considerable of this whole matter, 
whereby any thing of it may be understood ; 
. but only some snatches of nicts, either mis- 
taken or false, which serve in the quality of 
mishapen vehicles of his base detraction. 
I have iiideed wondered oflcn that, among 
the many books, of one sort or other, that 
have come out, whereof some, as this au- 
thor, pretend to be historical, and even of 
those very times, yet none have oflered at 
a clear ration ef these city doings ; al- 

' tiiongh the importanoe of them, to the pub- 
lic, was great ; and they were full of strange 
turns and «urprises, such as, I think, none, 
Imt the Englisn -stage, could present. For 

* From a painphlet, entitled, " The Triid 
« of Tbo. Pilkington, esj. CbmudSfaule^ esq. 

* nheriffs ; Henry Csmish alderman ; Ford 

* Lord Grey, ef Werk; mt Tho. flayer, knt. 

* ohamberlain of London ; SHtngsby Bethel, 
' <8q. ; Francis Jenkc, John Dewe, Richard 
< Fi»eemAn,Riohaid€roadenofij^h,llobertKey, 

* John Wickham, Sawuel Swinock, and John 
« Jekyll, an. fbr the Riot at Guildhall, 4>n 
^MidsuiiiiDer-day, 1689. Being the day for 
'•election «f shcrifls for the year ensniitf. 
« Londan : Printed for Thorans Dring, at the 

* Hairaw, at the corner of Chanoery^lane end, 

* in Fleet-street; 1683.' " 

•« May 11, 1688. I do appoint Tho. Dring 
« to print this trial, and that no other 
** person presume to print the same. 

«* EUM. Saunoers." 
See 1 Burnet's (hvn Times, 535. Pilkington 
was afterwards Lord Mayor for two yean to- 
geOier, 1689, 1690. 



were. 



or notliing. And therefore I take faints 
from the author to revive here what can 
be recollected of them by one who, in 
those days, attended close at all public 
agitations of the time, and of these move^ 
ments more especially. 
" Very much dependea on the character ot 
that single citizen, sir John Moore. He 
was a person very grave, and of a retired 
and virdious course of life; conformable, 
— ^'■■'»^— ^— «»■»— ^»— .^»— ^^— — — — ^^~.— — ■ ■ »^-^.«»— 
t Sea his Case for High Treason, a. d. 1685 » 
post, 

t See his Case, vol. 8, p. 747, of this Col- 
lection. 

II See his Case, a.d. 1676, vol. 6, p. U90p 
of this Collection. 

$ In N. Luttrell^ M8. ^ Brief Historical 
Relation," Sec. in thelibrary of All Soiris' Col- 
lege, Qxiford, the tbllowing account is civen of 
a remarkaUa exercise upon this Gootmoiufli 
of the power of commitmeHt, as it seems, f^r 
contempt: '< The 4th September, 16812, the 
sessk>ns hegan at Hkdcs^-inril, for the county 
of Middlesex, when 4he ^ry fonnd several 
bills ; and upon comjdaint against Mr. Good- 
enough, the under-sheriff, for ftot providing % 
dinner for their worships, the justices com- 
mitted him to prison denying bail." 

Of this Goodenougb, see more in the report 
of the Trial of Cornish, for High Treason, a. d. 
1685, in this Collection. 



♦ 



199] STATE TRIALS, 35 Chahlbs II. l6S3.*-«uf othenji^ a Jttat. [190 

did not aifect the retarn of juries, w^ich was 
their palladium ; therefore they <Ud not 
unite as one to ' exclude liini, as tliej- did to 
cany the choice for sherifis ; else (as was 
seenjn that case) he could nerer have been 
chosen. And, if ther had had a magica( 
intuition that air Jonn Moore had been ca-* 
pable of acting against them as he did, tltej 
na(f ibuglit at the choice as high against 
him, as ever they did asfainst any other. I 
cannot but reflect on rae vanity of craft ia 
afTairs of the public, liable to strange un« 
foreseen turns, and derived upon tne least 
accidents that gire a start to them. For 
here the singnkr character of this good 
man, which had' not its like perhaps in all 
the three kingdoms, coming on by a sort of 
contingent, under which the faction was not 
alarmed, and the loytdists had but iain.t 
hopes, produced an exquisite opposition to 
the party, and, in the end, deprived them of 
their fortress «yf the sherifTs office, and laid 
them open, in London and Middlesex, to the 
ereat and small i^iot of the law, for their 
daring unguarded misdeeds ; than which no- 
thing could have happened more fatal to the 
whole ordonnance and strength of thefadion : 
The steps and manner of which erent to ex- 

n, is the bnsinesB of what foIlowB. 
»(h been before observed that the best, 
and, gencndly, most substantial of the citi- 
sens, whom the author honours with the title 
• of the Court Part^, were much concerned at 
the disorder tile city was in ; whereof almost 
the whole amhority and justice was fkHeo 
into the hands of a party, and the very exte- 
rior ooontenmee of^ the city was altered for 
the worse/ All the feattmg and common 
gtiod feilowriiip of the neighbourhood Biid 
aside ; and, in ooflfee-houses and comers of 
the streets, continoal debates about party 
makittt^ and party working, and not seldom 
right down scoldmc and ouarrelmg. lliia 
eager contention shewed tnere was a good 
body of citisens, that hod ffood hearts and 
spirits, and who would readily join in any 
reasonable methods, as might be found, to 
i^estore the ancient order and course of Hying 
in the city. And this 'party, among th^ 
better sort, was observed to encrease in num- 
bers, diligence and application, by their rea- 
soning with the Kvery mep, modeititing 
them, if possible, to comply somewhat with 
the government, and not always to make 
scandalous elections of sheriffs, as they had 
lately done ; minding them of the peace and 
vast trade they had had, and stiu enjoyed 
under the govemn^ent, and that such into- 
lerable oppositions jnust, at length, come to a 
rupture and lose all. So the peaceable citi- 
zens to those who perpetualfy raved about 
with the words « Popery, French, and ar- 
* bitrary Power' flammg out at their mouths. 
On the other side, the court and tbeif friends 
were not idle ; but very many of them came 
and kept company with the friendly citizens, 
encouraging and countenaBcmg them. Th« 



ooDdlaiit St chvroh, of loyal prjndples, 
and T«rT jnataad'honest in all his dealings ; 
all which his very enemies coirid not deny : 
ilnd aWioagh all the factions party would 
have made him their property, yet few 
intended him, personally, any harm. He 
was hynalnre, not only careinl, but also 
▼eiy learfiil of consequences ; but, being 
once satisfied of the justice in what con- 
cerned him to do, he wanted no resolution 
or eovrage to perform it. f n the mean time, 
hv bein^ suspicious, dubious, caiiteious, and 
not soon determined, but hesitatory on unusual 

• oceiirrencea iu his office, madt^nim pass for 
a person timidous, and oSl a fidtle and iire- 
aolute temper ; otherwise he had not been 
mayor at that time, as will be shewed. 
He was forward in nothing, and, being sen- 
sible of his soft unsteady elocution, inclined 
to silence: but his behavioar was always 
modest and respectful to all, and, by his 
wonfe or carnage, offemling none, but to his 
hetiers extreme submiss. His oithnary dis- 
course, as well as bis countenance, was fahit, 
and tended to dejection, so as one would 
think he always desponded ; and that made 
folks apt to guess he bad no firmness or re- 
adiition at the bottom, or at least not snch as 
waAi sustain him upright under difficulties. 
Ml which made it wonderful that, in so 
IHrooblesome a mayoralty, as he had, and, 
-aAerwards, imder a more troublesome inqui- 
«tioa that fell upon him, of which in due 
thne, he should cairy himself with snch finn- 
aeas and iwtseverance, in all the substantial 
poinis of his difficulties, as he did. Whereby 
at wn plain tiiat he carried inhismindade- 
tenninatxoD, that neither public nor private 
shonld snffin- through hnn, whatever men 
might tiiink to extort from him, or whatever 
ahottld happen to himself. Which diaraeter 
wt» cut out for this time and public occa- 
sion ; for nothing but such firmness of 
mind and manifest goodness, with a seeming 
nassrre disposition, could have protected him 
iW>m those rages of violence as very often 
threatened him : Which, probaUy, bad 
broke loose npon any one, in his post, that 
had carried matters with a stem and inina- 
toTj behaviour. 

♦* The loyal citizens, knowing this person to lje 
ajostman, and one wKo would not combine 
with faction, and having a view ^ some use 
to be made of such a one finr setting the af- 
feirs of the city right, applied themselves so 
efiectnally that they carried the election of 
lord mayor for him. This was some sur- 
prtte to the factious party, though they did 
not tbhik his election of'^any mighty con- 
K^pxence ta them ; and, his course being 
next, mnnv thought it not reasonable, nor 
Creditafole in the city, to pnt him by ; and 
they looked upon him as one who, by terrors 
fin which the fhction traded much in tbo% 
oays) if be had been, as they thought he 
was not, very avei-se to them, might be 
irroDgfat into any measures. And his office 

3 



191] STATE TRIALS, 35CHABL£sn. 1663.— Trio/ q 

good 'effects of this interooune juid oooTer- 

MtioD appoared first in settlings the point of 

air John Moore^ and, after that, in briDging 

Ibrward, by his means, what the citizens 

had lonjBf thought of ta set up, the custom of 

appointing one sheriff by a ceremony called 

* my Lord Mayor's drinking ;' leavmg the 

other sheriff, as the custom was, to the com- 
mon hall. For if one g^ood sheriff were 

gained, they did not fear what hurt the other 

alone could do ; for both sheriffs made but one 

officer. 
** This custom, of my lord-mayor's designing 

one of the sheriffs oy drinking, is very sin- 
gular, and seems to be a jocular, rather than, 

as it was, a solemn proceeding. And, ac- 
cording to the ancietat constitution of the city, 

it was a most reconciling expedient ; without 

which, or somewhat else of like efficacy, 

the government of it anciently could not haye 
* been carried on. And, unless I give some 

dear declaration of the nature and use of this 

custom, the justice of the controversy, that 

fell oat about it, cannot be weU understoiM]. 

The manner is thus : At tlie Bridgehouse 

feast, which is some time before the 24 June, 

the day of the election at Guildhall, the 

lord -mayor takes his time, and, out of a 

large nit cup, drinks to some person he 

names by the title of Sheriff of London and 

Middlesex for the year ensuing. If the 

nerson be present, the cup is immediately 

Dome to him, and he pledges my lord mayor : 

If he be not present, then the cun is con- 
veyed in the great coach, with the sword 

bearer and officers, openly, and in state, to 

the house of tlie person drank to, and the of- 
ficer, declaring the matter, preients the cup 

to him; and fhen he is called my Lord- 
Mayor's Sheriff, and, not long after, he is 

summoned to the court of the lord-mayor 

and aldermen, and there, if he holds, he en- 
ters into bond to take upon him the office at 

the time ; and if he fines off, then, in a like 

method, the cup is sent to another, till the 

pmon is pitched upon that will hold : And 

this way ot drinking and fining off b of great 

use to the city, for it brings money into the 

chamber ; and it is called going a Birding 

for Sheriffs. At Midsummer-day, when 

the common-hall meets for the election of 

sheriffs, and the lord-mayor and court of al- 
dermen are come upon the Suggestum^ caUed 

tlie Hustitt^, the common seijeant, by the 

common cncr, puts to the hall the question 

for confirming the lord mayor's dieriff. 

which used to pass affirmatively of course. 

After that, the lord-mayor and aldermen 

rise and go up into the room they call the 

Court of Aldermen, leaving the floor or body 

of the livery men below to choose another 

sheriff by themselves, witliout their interpo- 
sing or being concerned in the choice : And, 

if any difference happens, so that a poll is 

taken, the old shen£s preside and see it w- 

derly done. And after the ])er9on chosen is 

Axed, then the lord -mayor and aldermen 



POkkigUm [igt 

come down asain to' their places, and th«re, 
in ftill assembly of the common hall, the 
election, as to f>ot|i persons, is confirmed tamd 
dechffed. For as the lord-mayor's sheEiiT 
was confirmed by the hall, so the other per* 
son, chosen by tne hall, is confirmed by the 
lord-mayor and aldermen ; and either aide 
doth nut interfere with the other. This bsul 
been the custom of immemorial usage in the 
city, and at length settled by act of common 
council ; and so went on to about Forty One, 
when tfir like ends as now, it began to be 
practised upon in favour of the livery, which 
the fiiction began to set up in opposition to 
the lord- mayor's ; and so, fi>r two years be* 
fore the mayoral^ of sir John Moore, the 
election of Doth sheriffs were, by factiomt 
lord-mayors, thrown into the common halh 
Otherwise nothins^ of common law, con- 
firmed by statutelaw, could be of more re- 
gular and constant right, exercised by the 
lord-mayors of London, than this was ; an 
the various prints in the controversy, pub- 
lished about mat time, do largely argue and 
demonstrate. 
" But this custom seeming so bizzarr, and the 
faction raisin? such a clamour against air 
John Moore ror setting up his rig^t by it, as 
if he usurped upon the ns^hts of the city, to 
whom it belonged, said tney, in a cornorate 
assembly to choose their sherifls, I shall ffive 
the plain and true rationale of it. It is first 
to be considered that the lord-mayor, |d- 
dermen, and the livery men, assembled in 
the common hall, are, for the purnose of 
choosing officers, the representative body of 
the city ; whereof the lord-mayor is the head, 
being, an integral part of that politio body, 
and hath a negative voice upon all their furo- 
ceedmgs, so as, witliout him, no corporate 
act whatever can, at any time, be made or 
done so as to bind the city. In old times the 
mayor was the Custos of the city, and, since 
the incorporation, continues the like charae, 
and, as head of the corporation, Is answernnle 
for the good g(»vemment of the city. The 
sherifls of Ltttdon and Middlesex are the 
king's officers, as in other counties, to c9ol- 
lect the revenue, and to account in tne £x« 
chequer ; and it was only the choice or no- 
mination of them, and no more, that is 
vested in, or belongs to, the city ; but the of- 
fice itself b as at the common law, and no 
part of the city or its incorporation, as other 
officers, viz. town-clerk, sword-bwcr. Sec* 
are. And, as in other counties, the sherifls 
are Custodes Pacis, and have, lor that end, 
the Posse, so here they are to attend the 

S»vemment of the city, and assist in keeping 
e peace ; and it is after the same manner 
as when Justices of Oyer and Terminer come 
into a county or city, the sherifls are bound 
to give attendance, and to execute their 
mandates. Besides, the nomination being in 
the city, if the revenue be not answerea in 
the Exchequer, the dtjc must pay it over 
sgain. These considerations made the lord- 



ml STATE TRIALS^ 35 Ch arlbs II. 1 Sss^mid oikergy for a Rki. [ 1 94 



BwyoTB be very sofidtous to have able she- 
nm choam; 'and that created difiereoccs 
betireeD him and the aldennen on the one 
tide» and the floor or livery men on the other. 
Andf if persona w6re named to be sheriffs 
that the lord-mayors did not think fit to 
InBty they would' disagree, and then there 
was no cnoioe at all ; which endangered the 
seianre of their franchises, and brought other 
inoooTeniences to the city . And, thereupon, 
the matter fell naturally into a compromise 
between the lord-mayor and the floor, as, 
lor example, thus : ' If the Lord- May or,' 
fstd the citizens, * will allow us of the floor 
' to chooBe one, and let him stand, then we 
' will confirm^ (it could not be called choose) 
' any other person the lord-mayor shall no- 
* mmate' : And so there could be no claah- 
11% ; but, of the two sberifls, the lord- mayor 
was to nominate one, and the floor to choose 
aoother, • and tlie whole body . to confirm 
both. And, to the end that the person, ap- 
pojnlfed by the lord -mayor, might be puD- 
liely declared and known, the way was 
fioinid out and brought into xtse, of his lord- 
sUps drinking in pimlic manner, as hath been 
abewsed. And there is the account how, and 
lor what intent, the custom was introduaed; 
which aoswers the clamour of usurpation 
upon the city. Fbr the lord-mayof was not 
more bound to agree with the floor than they 
with him; aiMt the composition of eacn 
faanng a nomination of one officer, without 
the contradiction of each other, reconciled 
att. 
V Bat now, as to the fiict at this time, it was 
from the citbiens that the court was first ad- 
mouished of this expedient for regulating 
the 8faeriff*ii office by a reTival of this ancient 
custom of my lord-mayor's .drinking. But, 
after it had been communicated to Uie king, 
and wen considered by those about him, it 
was wall approred of; and a resolution was 
taken to put it in execution, and, if possible, 
*la carry it through. And the king was so 
sensible of his siuety and interest in the con- 
ief{aence, that he resolred by himself to 
prore my lord-mayor, and, if he complied, 
to take care the Itfws should defend him in 
It, as all agreed they would do : And, for 
edier disorders, if any happened, thai he 
Woald not be unprovided to assist the ^- 
remtnent, and to keep peace in tlie city. 
The lord-mayor had been before pressed, by 
dbrers of the citizens, to do it of himself ; 
hot he waa scrupulous and doubtful, and 
wonld determine nothing. At length he 
was sent for by the king, and, in his majes • 
^a presence, dirers of the councU, and the 
attam^-general, explained his power to 
. Uai, tnat be might nominate one sheriff, as 
' ibecnstom of the city was, though some of 
his immediate predecessors thought fit to 
ware it. And the king himself encouraged 
Um, with ezpresaionft, not only of protec- 
tion, but eommaad ; and, at last, after much 
hfsiiatiftn, hedalecniiiMd roundly to oonfarm, 

YOL. IJ(. 



* 4 * 

and, all at once, promised the king to send 
his cop to any citizen hib majesty shotdd 
nominate to him. He was slow, but sure ; 
and what with his judgment tliat the city 
was in such a state that a regulation was be- 
come necessary, and what with the king^s 
promise to stand by him, together with Sia 
concurrent adrice of his^court of aldermen, 
who were his regular council, he contracteu 
a firmness of mind to pursue his point, and 
he made it good ; but with many an hard 
rub and difficulty emerging, that fiactioo 
stirred up against hini ; as may be readily 
imagined by those who know tie humour of 
abu^ popularity. 

'* This dimcidty over, another sprang, as h^rJ 
to accommodate ; and that was to find some 
wealthy and reputable citizen, who, being 
drunk to, would not fine off, but hold under 
that method of appointment. The taking 
one of a low' sense, and to support him, 
would look triekish, and, at that time, the 
court would use no means but what were 
legal, justifiaUe and reputable. DiTers citi- 
zens were spdce to upon this account, with 
assurance lAat nothing extraordioar}'. would 
be required, but the year would pass in the 
usual fimns and feasting ; and all business 
of ^he law would fall of course into the hands 

vof the under officers, as formerly had been 
the usage. Many were not only willing, 
but desirous to have stood, if it might hare 
been, as they alledged, with safety. But 
thev were told that my lord-mayor had no 
rigut to make a sheriff, but the common 
hall only ; and whoever should stand upou 
his title, would be involved in law-suits, and, 
moreover, be complained of in parliament, 
and what would come of that they could o6t 
tell ; and not caring to stand in hazard of so 
much trouble they desired to be eitcused. 
The occasion of this scrupulosity w:is the 
behaviour of the faction, who, in pursuit of 
their designs, never breathe any thing mode- 
rate. For as soon as they found my lord- 
mayor, would exert his power by dnnking, 
and all their applications, to divert him, 
failed, although urged with all the forms,, 
and in all the shapes, of menace as weH as 
flattery, whcrefey they were prodigiously 
surprised ; then they wound up their whole 
party and interest in and about the city, and 
charged them with the most horrible and 
bugwar dennnciations they could invest arid 
put in words, to deter all citizens from hold- 
ing on that foot. And acooriUngly, they 
went beilovning about into all companies, aira 
places of promiscuous resort; ' Persons, Es- 
tates, all must go to Perdition ;' hanging waa 
the mildest woitl came out of their mouths ; 
law, parliament, knocking of brains out, hell 
and damnation (if they might presume so 
far) were to be the cei-tain fate of any ona 
who should due to stood Against the city^ 
as they called it; but, diciumfaetumy ruin, 
in a word, wiasto follow : Andl, to do them 
T^t, they honeatly meafit as they said, 
O 



l»6] STA1«TIUALS,35CttiAli»lH. l683v-^Triii/er3«Mi«*PtfMf«^ \}9S 



" While th«se intimidatioDS run btgh, the 
court at a loss for a good uian, Uie citizeos 
busy as Ifcesy some persuading others, but 
none iociined to stand, cFer^r one wantiug 
courage to bear the brunt ; sir George Jet- 
feries the I'ecorder, or, through him, some of 
the citizens, insinuated that the lord-kee|>er's 
brother, a Turkey mercha;.t, lately arriv^ 
Aom Constanttnoule, i^nd settled in London, 
rich, and a single person, was every way 
qualified to be sheriff at tliis time, in case he 
could be ure^aiied with to stan((t as they 
hoped miglit be done by the lord-keeper's 
means, if he .would endeavour to persuade 
hiih. This extremely took with tne king, 
and soon set him at ease ; for he found no 
formalizing scruples on the lord- keeper's 
part ; and, as for the citizen, he lyas made 
to understand that there was no hazard at 
all. For when the government of a citv 
calls a man upon an office, who by bis oath 
of freedom is hound to obey, and he takes it 
upon him and peribrm^ it honestly, what 
has he to be afraid of? And if men should 
regard the brutish noi^e^ind threats of vio- 
lent people against law and common sense, 
&e busiivess of the world, must be at a ftand. 
Ax^d he was made also to underst^d what 
ai^ advantage such an oppo^nity waa to 
oUifipe a king who bad power to gratify by 
employments any fill persons, sach as he 
was, to much greater profit in consequence 
than sll his efttraordinary charges. And it 
was not a small matter to gain so much ho- 
nour and repute with the best of the city, as 
well as court and country, as the standing 
« stoutly in this gap vould nrocove him. 
These reasons got the better or the ipudmish 
objections, as he most needs make. Nor 
were these brothers miataken in their o^ksy- 

' lates ; fqr the ^ve^t made good aU their 
vroffnostics ; fi>r no Wjgle person in £ng- 
sand had more esteem with the ki«Hr» as long 
as his roiyesty lived, than Mv. Du&y North 
had. And» to say the truth, the king's 
whole design and prqject was perfectly dos • 
ed by this oisdnguismng pieue of sieivice of 
Mr.Nirth. For he desired chieAyaiiaO' 
thority ami reputation in the person who was 
to make good this necessary passj which, 
by the whole faction, was most mdustriously 
and malicioualy represented, i^s an arbitrary 
project, and of desperate danger to wbora- 
aoever should stand in it And who could 
pretend that, when a person of tliat quality 
and value, and so well advised, stoocl ? 
every one must conclude that he was fully 
satisfied of the law by which he was safe. 
And, as for himself, he was of a peculiar 
temper for such a business; for being used to 
adtentiures, and having run much greater 
hazards, and dealt with people as violent as 
any hor^ could be, if he was once satisfied 
of ri^bt mad reason in any business, he qsed 
to shght evenr thing else, ^nd say that good 
luck attended being in the right 

^' This Mr. N<»rth> (alterwards air Dudley) was 



bred a Turkey merchant, and had traded at 
Smyrna, but passed most of his time in Con- 
stantinopie, where he fell into muaintaoie^ 
and vast dealio£» with beys, and bashaws, 
and other great omcers of the Porte ; and had 
run very great hazards with them, but had 
the good fortune to reap the profit hf ex- 
pected by it. He was very quick of thought, 
and no less sagacious in plumbing the tmth 
o( thin^, and probability of events ; which 
made divers, that did not reach his lengths, 
wonder at his bold strokes. He made justico 
the rule of his actions, and on that bottooi 
built his assurances ; and therein he seemed 
intrepid, and to defy all opposition. He 
never used tricks or subterfiiges, and haled 
them in others, and had a peculutr antipathy 
to a false knave ; for he seldom fell into a 
passion but when such crossed him, and then 
he had no j^tience, but let fly without tern-- 
per or consideration ; which too plain deid-> 
ing created him enemies, and some great 
hazards. He was a frank and j(dly mer- 
chant, familiar, easy and jocose, obliging to 
all, without any stiffness or pride ; fneaiUj 
to all that needed, and never made advantag* 
of the weakness or want of ezpcrieboe <^ 
young men, but, on the contrary, assisted 
them. He had a goodly person, and mind 
capable of sittingat thehelmof any maoa- 
gery; intelligent and facetious; and what 
they call a Bon CompM^non, so much thai 
a stranger would mistake him, as if he wo^ 
fl;ood for nothing else. In a word, he was 
loved and caressed by all that knew, and did 
not envy hi^n. He Iwd not been. lon|^ i» 
England when tiiis trial came upon him ; 
but, in that time, pursued trade ; for which 
end, he settled himself in the city ; apd 
coming to be concerned in the A&ican oom^ 
pany, was chose of their oommitteei and 
there soon gave a demonstratUMn how fit h« 
was to be a pilot in trade of any magnitude. 
The actions and fortunes of bis life wer^ so 
considerable, that, joined with the character 
of his genius, would make an history (if one 
well instructed had the penninpf of it) as use- 
ful and entertaining as the lite of any pri- 
vate person whatever -aight be, and, lo-% 
wards it, I have thrown in this mite, which, 
to all other purposes, I own to be super- 
fluous. 
** But, to resume tlie intended relaiioa: mat- 
ters being thus &r concerted, my lord noaror 
sent his cup in full parade and form to Mr. 
North. This was no sooner known, but all 
the utillery of the fac^on was pomted'*at 
him, in order to terrify him, and Budce him 
^e off. Most of the factious men in the 
city, that had acquaintance with him, espe- 
cially his brethren of the Turkey Comp^y^ 
who were too much that way, took their op- 
portunities, more or less, to expostulate ii^ 
discourse with him, saying why wpuld he b« 
undone? * For if you,^ said they, * taketlus 
' office upon you. upon this (at heat) dufaieaa 
' title, you will know no wd of law-sHiUs 



l«J STATE T1IIAL9, S5 Chablbs II. l68dw-Miiil Mtti,/ht M Koi. [IJW 



' aod be crmiiedl by Uie pariouueat to boM ; 
' ^Bd wbal nfety ou you proiMMe to yoar- 

* Mtf?* Hk awwer oMd to be, « I am a 

* citben swoni) aad if the fovwrnment of tbis 
< dty calls me upon an office, I will obey, 
« ant never break my head about titleSw' 69 

pGed with penny post letters, and so 
his nearest fneiids and relttioQf. Tbey 
all out of pure fiiendsbip add respect, 
wishine' those peraons wouki interpose to 
rescue tiim from ineritable rain. Tkeywvn 
so maliciooB to find out sir Robert Caim at 
Bristol, firtber of the lady Ounniof , whom 
he than oonrted, and wrote to bum to let 
him know that bis daughter was goin^ to 
throw hcnelf away upon a map of a despe- 
rate ^Mtune, and tbat would certain^ be 
hanf|«d ; and he resented it, but the lady 
knew b^ter ; so by firtue of his good stars, 
that blow miaseil its effect. And what was 
mat extraordinary, Was thit, dnring all the 
time of the brigoes in the city cAiceming 
him, and both town and country ranr of his 
name, which was also bandied idMut in mul- 
titudes of pamphlets ; he went tbout his 
business, and diverted himself just as he 
used to do, and minded the stirs no more 
than if they had not ooneemed him. He 
was, by common talk and pamphlets, made 
so reniBrfcabie, that, whererer he went, peo- 
ple started out of the way, lookinff at bun, 
and crying ' That's he.' AH which did not 
keep ban within doors, or from his ordinaiy 
walks. Which seeming apathy brought hhn 
letters and intelligences, that ae was stuiwd, 
a dull beast, and his name should be Bfind 
Bayard. 
^ Once a trap was bud for him by way of 
abam-nhit An eminent busy party-man, 
with whom he had concerns depending, came 
to him with a proposition mm the whale 
adrerse party, whieh was, that, if he would 
wave my wtd mayor's appointment, and 
take the dection from the common hall, he 
should be chosen by them, and all tbeeharre 
of his abnersHv should also be defrayed by 
that pm^> wno would raise the money 
amoB^ them to do it This he rejected 
with md i g nat wn and scorn ; and, being- one 
very modi indined to conmmiicate truUis, 
'wnes ot telling this passaae in sil 
I, so far as to declare the rail im- 



port of the proposition made him, hot not by 
whom : ana so, taking, wind, it flew about 
the caty, and proved very prondicial to the 
of the faction at that time. F6r 



whieh cause they were wonderfuUy angry ; 
1f^ ooee, at a public feast in the dty, an 
" ^mmrnf leader, by agreement of the party, 
hm I si^pooe) pnbodv chamd him to name 
■is author, ad^pf tnat, it he did not, the 
whole alory woiud be accounted no better 
Iban his ofsnt invention. He, being thus 
attMhsd, fredy aad readily affinned the 
pMnigc to^be true ; and, as mr naming the 
serson that nsade the offer, for reasons re- 
miBg ta the pencD himseli;, be waa Bot for- 



ce 



ward to do; but, if thsr hmtedoo it, ha 
would faistatttly declare^ before all that com- 
pany, wlio h was. Tbis pot a stop to the 
discourse^ and no woni more was said of it ; 
for tbey knew he was not used to be worse 
than his word ; which, perhaps, of a bad 
bu simm , might make it worse. 1 knew 
then tbat it was one Fairclotb, a formal 
Presbyterian usurer, and a great intriguer. 
His son waa then mercantile ser^'ant to Mr. 
North, and was afWwards settled by him 
inbisfactorvhouseatConstantinopie. Tbat 
person bad an easy access to him, and 
brought the proposition, which was a mere 
snare ; for, if he bad inclined to accept it, 
the report had 6own abont tbat he was sdl- 
ittg himsdf to the other side for money ; and 
that was aU the party intended by the expe- 
riment. But all dreumstanoes conspired to 
shew the implacable raire tliat possessed the 
faction at the noniinatiob of him who, of thf 
whole freedom, was the only person quali- 
fied to resist tbem. His character and cir- 
cumstances were as if they had been east in 
a mould for that purpoae : so exactly were 
they formed for an on'posilion and counter- 
work to the whole game of the faction: and 
ao mudi fiercer were t^ej in all their me- 
thods of proceeding. And aooordin^y , diey 
provided a mighty muster of their nvery 
par^, against the 34th of June next, at 
Guifdbill : the other side provided also th# 
greatest strength of vdees mey could make. 
The candidates of the latter were North and 
one Box, the former for confirmation, and 
the other for efec^n: aad ^ party had 
Papilion and Dnboia, both to be chosen in 
opposition to the lord mayor's pretension, 
which thfi^ were determmed to fly in tha 
face of and reject Thus stood the prepa- 
ratives against the day of decfion. 
Now the manner or prooeeding in these 
eat6esj at die common baH, is very patrtiedar, 
and, aa was touched, conssnaat to the ddm 
of my lord majror. For be, nith bis alder- 
men, is present only at the opening of the 
court, and question of confirmation, and then 
they retire ; which is to the end that the 
common hdl might be free in choosing one 
of tbemsdves, whieh fVeedonoi the presence 
of the mayor might impeooh* Now in case 
the floor wiH not oanfirm the mayor's she- 
riff, he is not bound'to continue them any 
longer, but may dissdve or adjourn them, 
or not lufree to any thing they do. That, 
whidi the faction insisted on, carried a fiil- 
lacy throughout ; for, sdd the^, the autho- 
rity, given by the choice, is from the dty, 
and the act of the lord mayor is not the act 
ef the city ; and so they harped upon the 
word Choose I wbich, sud they, did not be- 
long to the lord mayor bat to the dtjr. All 
tfiat was gtunted, and also that ths new 
sheriffs had no authority till the whole city 
in common haH agreed to them. And, how- 
ever tlie lord mayor nominates, it is^ prs- 
tended to bvashdos, or ky virtuaof a^ar 



J991 STATE TRIALS* 3^ Charlbs II. lfi8d.— TitcZ o/'TXmim Pilkingtmi [20O 



invested, ' as granted hy him, nor that it 
stands for any thin«jr if the common hall doth 
not confirm. But then the lord mayor is 
not bound to coacur in any choice they shall 
make, till they noioinate to him persons that 
he shall think lit to trust ; and he is no more 
boitnd ta a<^ree vfith them than they with 
him : and so t^ntered the custom by way of 
composition or expedient (as I said betore) 
which if they ^y from on their parts, he be- 
takes to his nepEitive voice on his part. But 
yet the abuse of the words Choice ! Nomi- 
nation r Right! and Authority! all which 
being applied to the ci^ exclusive of the 
lord mayor, sunk so' with the citizens, that 
few of them could brin^ their heads to. a 
true state or distinction of the matter. For 
they look61 upon the common hall as an 
assembly of commons with a speaker, as if 
be had only a presidentship ; whereas it is 
r^hcr like a narliamenit with a sovereign, 
and, instead ot a casting voice, as they call 
i^ there was a negative voice, .which alters 
tlie matter strangely. So very difficult was 
it to get the citicens to comprehend the 
reason and distinction upon which the lord 
mavbr's right depended ; and it went farther 
witn them that the custom had been soj and 
an act of common council had declared it, 
than that there was any consonance or rea- 
son at all for it 

« At the day of eleetion, June S4, 1682, the 
}iartv, after the way of their predecessors of 
old Home, had possessed the Forum, that is 
the floor of GuiMhall, so that the other side 
<iOuld not croud in ; for the livery had been 
so mack enoreused that the hall would" scarce 

. hold half of them; This bred' a sort of con- 
fusion at first, with the elbowing and tluiist- 
ing to get room, and not without a deal of 
snarling an4 scolding amongst them. Those 
pmons, thi^t could get upon th^ hustings, 
as I difl, and from tiieac? viewed the 'floor 
below, had a prospect as if tire hall had been 
|Hivcd with m»8, and full of eyes sparkling, 
not unpleasant to observe, n hen the lord 
mayor and aldermen were come, the com- 
mon ofiicei's put the <}uestion erf confirma- 
tion ; and'theo,inainoe, those, that were 
tor it, hel^ np thVir hands (fi>rtbatis the 
signal of assent) with arms and fingers dis- 
tended, all in a continual motion together, 

V which made an odd spectacle : but the dis>- 
senters, who were much the greater num- 

. ber, iu'stead of holding up hands, screwed 
their faces into numbness variety of No*s ! 
in such a sour way, and with so much noise, 
that any one wonM have thought all of them 
iiad, in the same instant of ti^ie, been pos- 
aasted with some malign spirit that convulsed 
fheir viitages iu that manner. Tliis was 
token for » refusal, as it was ; so the lord 
Mayor ^nd his eonrt retired to'oonsider what 
was to be done ? and, as he passed^ with the 
•worri. before him, throngh the croud, we 
eonkfr observe the items of iftn-y given by fists 
and &ost at Iu2n» as folks' aw apt to do when 



i4 



U 



they threaten. This promenade was done 
more than once, to see if the hall would 
come to their wits, and agree to donfinn ; 
but the partv were no changeling*, every 
trial came off rather worse than h^ter. At 
len^h the lord mayor acjiouroad the belly 
and no more was done that day. And be- 
cause 'great part of the dispate tdl npon that 
adjournment of my lord mayor's, and there 
was notable stir alnrat it, I shall add fome- 
what relating to it. 

When the hall was at a full atop, for refus- 
ing to confirm, and the court of aklennen 
was sitting, the citizens were adnfiitted to 
come in, and at the bar, to ofibr what ihfy 
thought fit to the ooort^ each paiigr for lus 
side; and notable wrangling there was. My 
lord mayor was advised to adjourn the beUy 
the faction opposed, saying, ' he bed not 
*■ power to break up the assembly till the 
* election was finished.* In those days, no- 
thing <^uki be so much contrary to law and 
ooramon sense, wliiclt they wpmd not affirm 
to serve their turn ; of which 1 may hare 
touched some instaneas, but this was en 
^regions one. All the aldermen bnt Are 
^lor no more were fiictions) advised to 4d- 
journ;^and so the matter rested in dispitte 
amongst them a good while. At length, one 
of the dissenters moved the lord mayor, Uiat 
they might bring counsel to argue, who 
would satisfy hisTordship he had not power 
to adjourn: The other side agreed, so as 
th^^y might send for counsel to argue on their 
side, who would densonstrate the contrary. 
It was upon this first day that oomisel were 
brougiit, but the author makes an hearing of 
counsel to have been upon another day ; and, 
not having access to original entries, 1 tie not 
dispute ; but, as to the matter I here rdale, 
I am very sure, and, for times, refer to the 
proper registero. It may be that counsel 
was heard afterwards at my lord mayor's 
house privately, when I was not in the way ; 
for the question continued; so as, for more 
hearin^n than one, I contend not. In the 
interim, before dio counsel came, the eourt 
was diverted by the partisians on both sides, 
with numerous compkiinta of each other's 
outrages and irregularitieB, which were exacr . 
gerated with mat violence of talk; Aid, 
all that while^Uie poor lord mayor sates one 
almost insensible ; so full was be of doubts 
and fears. But it appeared, by his actions af- 
terwards, that he was firmly resolved in liis 
mind to assert his right, so long as theeoort 
of aldermen stood by him with their advice, 
and the court at Whitehall sustained hla 
against imuries that might be done him. 
This was Midsummer work indeed, extreme 
hot and dusty, and the partisans strangely 
disordered every way with cn»oding, bawl- 
ing, sweatbg, and dust; all full of aiujer, 
seeal, and filth in their faces ; they ran sooQt 
up and down 8taira,.so that any one, not better 
informed, woukl have thought the place 
rather an huge Bedlam, than a AMvting ler 



M] STATE TRIALS, i5 Charles II. l68d.— amf oikera^fir « AM. [203 




ml biinanB* Aii4yet, imd«r •neb an awk- 
mrt ftee of affairras this was, the ftite of the 
&i|(tiA goTanancDt ani monarcby depended 
(hi too modi ontlMensit orsodemt an 
asMiriiiy. And indeadh was accordingly ao- 
dendDocf; fbrit isdiol small maitoffr thai will 
raise aQoh foriona faarncane doings as here 
. And the oonit was aware ; for care 
liken thtt divers considerabie persons, 
«}f the ^uncil, should be near at hand 
to otoerre the proceedings, suppoM the spti-its 
of ike-kint nnyor, and enCoarage the loyal 
dliSBna^ and that they n^ght have recourse 
sad direetionB as oocasbns emerged ; bat 
this was known to Tery few. And, on the 
other side, feotions lords and others attended 
that bad nothing to do there. It may be 
wondererfthat such a contest as tikis, con- 
sidering abo what was at the bottom, did not 
nm on to blood ; but, as at the tumults, so 
here, the temper of the English appeared, 
which I may call a native humanity, thouj^h 
the foreig;ner8 term it dobiess and phlegm. 
They bave an aversion to civil homtade, but, 
in war,are as free with lives as'the beet bf 
(hem ; and yet, even there, the same humor 
a|ipeaffs, for no command will make the 
fingliBh refuse quarter, or kill in cold blood. 
But then as for foction, crowd, tumuH, and 
brawl, let them alone ; il.is a sort of sport, 
or lost of change that niad^es them deligotto 
•see hfigh things fall, and their government in 
distress. In which matters I may commend 
tbeir temper, but not their wisdom. 
** But digressions anart, and to return to the . 
trial of this proroond question of the lord 
mayr>r*s power to ac^um ; First Mr Pdl- 
kKfen, argued contra ; and he built only on 
•parallel he made between the common hall 
or the city and the ordinary county courts, 
held by the sheriffs of counUes ; and so the 
common hall must be the city county x court, 
end the lord mayor be as the sheriff, only to 
preside hut not to judge, because, in aH those 
oomts, the soitin? are judges, and here the 
Kvery men are the suitors, and, without their 
eoBseot, the lord mayor can no more ad- 
joom the court, than thesheriiTof a county ; 
but it must be done by the livery ; and all 
this he confirmed by the place where the Hus- 
tings, which is the court of pleas for lands in 
^ city, IS kept On the other side sir Ro- 
bert SAwver, the attoniey general, came to 
snswar all this obvious nonsense. First he 
shewed^the place sigmfied nothii^ to the Ju^ 
riad klim i ; for bnrgeases to the paiiiaraent 
for Westminster are often chosen in the 
Kmg's-befich court, but it is not the juris- 
dictiOB of the King's-bench that chooses : 
Then, thai this assembly, called the co^ 
men ball, is so Ikrirdkn being like a county 
conit^tlmtitisnocourtatall,nor hath any 
namerof jufisdietion; that it was no other 
Wt« privnte meeting of the corporation of 
the aty for pure corporation - work, the 
cfaooaing officers. And the lord mayor being 
bead of the eerporation, wiftw>ut whom no 

4 



« 



asM»nUy of the c6rponte body eoald snbijjit, 
or corporate act be done, he was also head 
of this assembly, to call, adjourn or dissolve 
it, as he thought fit. And concluded ^at 
all the other side had alledged, of county 
sherifis, tuitois, judges, Ace. was all romance 
and invention* and in no respect apphcable 
to this assembly. All this while, the par* 
tisans were ragmg about the hall and rooms ; 
and divers (out of friendship as was pre- 
tended) gave hints that my lord mayor would 
not be safo> if he went down to adjourn them } 
and that was to tright him from taking a re* 
solution so to do ; and they scarce l^ieved 
he would dare to do it. At length, it becom* 
ing necessary to termkiate the matter one 
way or other, the lord mayor, on a sudden, 
and unexpectedly, rose up and bid the officer 
take up his sword and go dOwn, saying, aa 
he went oflT, IT I die I die. And, passing the 
crowd, took his seat upon the Hosting8» and 
commanded the common seijeant to adjourn 
the hall to a time, which was done, but 
scarce heard for the hideous noise that was 
made. Alter this, Uie lord mayor and the 
rest, that so thought fit, went their several 
ways in peace ; and there ended this trou- 
blesome scene of a Midsummer's day's ex- 
pectation 

It was very strange to observe the impu- 
dence of these men of the faction in Lon- 
don, who still persisted iji the senseksei pre- 
tence that the lord mayor couhl not adjoom 
the common hall, though, to every one's ca- 
pacity, it was solemnly, not only confuted 
but shamed : and they would not quit a 
scruple to ease my lord mayor, but, to their 
folsie pretences, added menaces. For, as he 
passed to the adjournment, there was a ter- 
rible mge of faces made at him, as if an en- 
diablement had possessed them all. Whoi 
Iche mayor and officers were gone, the twa 
precious sherifis, PiOdn^n and Sliute, with 
some' livery men of theur party, thought fit 
not to obey the lord mayor's 'afj^oumment, 
but, by themselves and all their ovm aotlMh* 
rity, held on the corporatkm assembly, or 
the common hall, as tney then called it, and 
there they proceeded to continue the electloii 
by setting up a poU; and afterwards they 
finally declared the choice to have fallen 
upon Papihon and Dubois, as will be shewed. 
Here ap|)eared an headstrong disposition, 
but not a grain of judgment, in those who 
governed the sheriffo. They little under- 
stood the nature of the shenfFs office, who 
took the Vioecomites to have any autlioii^ 
at all in the corporation affairs, or to be 
officers at all of the corporation. It is true 
the corporation have a nght, by charter, to 
nominate them ; but, being nominated, ^ey 
are the king's officers, a^ was said, to at- 
tend on the authority of the dty, and keep 
peace, as all sherifis are attendant upon all 
authorities in iurisdiction derived from tiie 
crown. A body politic presents to a living ; 
the incumbent is not, by that, a ser^nt to 



do?] STAT£TeiALS,S5 Charles U. \6HS.^Hnalofnoma$ 



m tSt04 



the My, |i» if be were tbeir cbapUin. 
Therefore Ibis act of ibe sheriffs, io aetting 
up tbeipaelvts to praaide.in a corporate as- 
sembly, not only witboat, but against, the 
order of tba bead, apd in difect opposition 
. to him, was the most audacious blunder that 
ever was know*. But then the actual en- 
jdeayour tberebT to impose, not onl^r upon 
the city of Ijonoonbut upon the king himself, 
officers of the peace, ana royal revenue in the 
ci^, wa4 not only foolish but desperate, as 
done bv ovadmen, and could be made good 
by nothing but sword in hand. And what 
could be expeeted, but that the geremment 
ahould resent it witli all posdUe rigour, as 
ibr an offence next to hieh-treaeon ? There- 
fore one. may conclude that it was not Uind- 
ness only that caused this detestable pass to 
be made, so much against common sense, 
. but some dismal reserves which they had 
and relied on, to divert the obvious conse- 
quences, as must iall for daring to usurp so 
great a power. But, whatsoever those were, 
they failed at this time ; for, upon informa- 
. tion above, upon oath, of this fact, warrants 
issued from tne king in council immediately 
to take up the two sherif& and their com- 
plices, in order to be prosecuted at law fbr 
this extraordinary and dangerous riot* And, 
if they or their party had made any stirs or 
resistance, there was force enough at 
. hand to have executed the warrants effec- 
tuall)r ; and for that reason the arreiit was 
submitted to. 
<* If ona would consider this affair in the mild- 
est terms, it may be iudged that the faction 
relied chiefly upon the parliament, which 
. was expected to be soon called and te meet, 
. for justifying them and criminatinff the other 
. party. For they, as was noted, bad calcu- 
lates of elections, and knew, by their rote of 
, piogvession, how much the next sessiona of 
parHament must be more averse to the court 
tluui the last was : and so they concluded 
materer they did, must, in the end, come 
jogbt. This is the model of Forty One 
.e^csfitly : tbooe times began with like nrawls 
. in the dty, and the same iiyustioes and op- 
pienion wer» intended to be acted over 
a||ain. But it Is so far certain, viss. that in 
tms view, they were open and clear ; mak- 
ing no oeramony of declaring what the next 
parliaBMDt was to inflict upon their adver- 
^laries, whatever- else the^' might hold unde- 
clared in petto. And their pe^etual harping 
upon this string, and the proceedings against 
the abhonrer» being reeenl, had really made 
thnpeoplegeneraUy bdieve that tUngs wovld 
ba|ipen as they said, and, li^ or wrong, 
tb^ should .crash aU tbeir opposers. But, 
in the mean time^ we must a littfe lyaiwlion 
their policy with lespect te the persona active 
at present, in both eniaging, and then giving 
the ig^vemiiient in possemion (if I may so 
teopa it) such apparent advantag^ of them ; 
und 40| takiag ^ miseftUe defensive, depoiid 
vpei^ anaftaig|tai«ili9kCau49M»tlikeIyvin 



J9ue and the Mose age, to run open the taiiM 
chances^ Bet, whatever were thchr politie 
reserves, the government did net take these 
dmngs for boys play, as a^piibe and oackerB, 
but as a bold attempt upon the antfaority of 
the dty and nation, and very neoessary to ha 
made eawmplary. Among theae thai werv 
committed, there were some not citiMiin, 
but party men at large, and of no smatt ac- 
count; as for instance, the lord Qtey of 
Work. These did not attend wbere they 
had nothing to do, in order to have BOthing- 
to do ; tibiey .were screwing np matters to 
their model of public distumnoes, as con- 
sequences shewed. These persons w«nt to 
the Tower, and, upon Habeas Corpus were 
bailed, and afterwrn prosecuted by an in- 
formation; whereupon the issue was tried 
in the city, uid, upon a long and clear evi- 
dence, the parties were convict and flned ; 
but, considering the nalure of the otfeooe, 
and quality of the persona, very modorstdy. 
They were forced to paytbenr fines, hot 
were so sanguine to* look upon them as 
money put out to interest to be repaid prin- 
dpal, interest, and charges o^lof thees« 
totes of thdradFeraaries hy an after-game, 
as I shall shew. But I have run diis Dun- 
ness of die audacious riot to this end here ; 
but we shall hsar more of it. as we go 
along. 
<^ As soon as the sheriff were come oat upon 
bail, like nlen svderated to foUy, they took 
up the game where they left, and, at a day 
or adjournment of the common law, resum* 
ed their poll by themselves, at the other end 
of the ball, apart from the lord-mavor's as- 
sembly. For he with the court of aldermen, 
was sometimes upon the hustings, and some- 
times in the court, puzzled with the difficul- 
ties in settling this matter of the choice of 
sberifis ; and, before any thing was done, 
the then sherifls came to a dose, and, in 
the hall, publicly dedared the election tofali 
upon PipHion and Dubois ; that is to say, 
they, as mayor, aldermen and dtizenaof 
Ijondon, had deposed the lord«-mayor and 
aldermen, and, by a party, dedarrd an act 
of the whole corporation. But now there 
was a new Affieuky starM, and mv lord- 
mayor waa attacked with new doubto and 
scruples ; for, add they, ' Here are tsro 
shertis deelared, who are in po foc s ^a on of 
their election, and, whatever yo« might 
have done heibre, you cannsi make a ny^- 
dection, and thereby set up anti-sherin of 
London.' And, in very sebar earnest, most 
indifierent ]^e<^, wheoe heads did not lie 
for distiagutshuig mattera of order and con* 
stituiion, thought that the dty 8heiiflb,'in 
taking a poUv wcfo not nunastsrs bwfc jwdges 
of tlw deotion, and believed that now the 
lordrmayoi's oase was nrodi* wane dian 
before ; attd so was the onrreni eanodt of 
the town. Dnriiw this interval, the lard- 
mayor waa aent for, ar went of himadl^ to 
cQiwt, and ayfeared before the kinginr«oii«« 



tOS] STATE TRIAXJ, 35 CMaalks IL l689.^wMif MlUriJ^r a Bint. [St(£ 

<A, wh«ve .«» •CQ«qnl was gifcn to his ma- 

jaty. of tile trosMe tlie city was in almiit the 

deddoD of sheriffs upon the declaration these 

men had diede of aa election. AU the learn- 
ed at die boaidy and ^e king's attorney, 

dedaved thai the prooeeding of the sherins 

was no act of the body, kmt, as to kgal 

effiect, ahsohHeW null ; but yet criminal, as 

bein^ done witnout and against lawful an- 
. thonty. And that the lord-mayor, the head 

of the body that was to elect^ could.aloue 

direct and declare the election ; and ^Mt, at 

the neact meeting of the oommon-luJl, he 

oofi^tto proceed de ifUegro^ as if nothing 

bad been done ; as their nscis whensherifiv, 

diosen, fine off. The qnestioa depended 

wholly npon that of my lord-mayor's power 

to a4|oum the common hall ; and sir John 

Moore was eztnpmely dimatiiified and uneasy 

about that, being what divers citizens hsd 

told him he could not do. The lord chief 

jiutioe Nordi, a privy oounssUor, was so far 

frnm making any doabt of that, that he said 

to my lord-mayor, he need not be at all con- 
cerned ; for the question, was irivotous and 

HDpndent, or to that effect. Thereupon sir 

Jonn Moore caKft towards the place where his 

hyrdship sat, and with a most submisa coun- 
tenance, desired to know of hia lordship if 

lie woidd be pleased to give it under his 

hand, and, contrary to the expectation of all 

present, his kvdahip said yes ; and» takinj^ 
' the jMB and naper before himj. wrote bis 

i^musn, that the lord-mayor had power to 

a^nm the common hall to what time and 

plaoa in the ci:^ he thought fit, or to that 

etfect, audft settmg his huid to it, gave it 

to sir John Moore. Now the courtiers, that 

woPt more nned to sneakers, than to men of 

dear courage in a dear cause, esniepled his 

lordship would have shuffled off mis setting 

hjn fanad ; but the readiness of doing it verv 

much confirmed sir John Moor, and exoetii- 

iagiy pkasiBd the king* . 
f Bat, tor the better counteonnoe of sir John 

Bfome, it was thought fit that his majesty in 

council shoidd order him to do bis duty in 

tiie mty ; and themopon an order was made i 

that M should p t o c o c d to the election of 

aberiffii, according to the ancient usages, of 

^le city. This mer the author inserta, in 

the nenr words, into his History, intoning 

that it snould seem as if the: d^ affairs were 

smvemed wholly at Whitehall: whereas ne- 
tting is more usuaL than for the long, by 

svder cfprodamation, to enforoe laws,, and 

mnire magistrates to do tiidr duty accord- 
ingly ; and this wan no more. Then, at. the 

day, to which the common hnU was ad- 

jonnied, the fiM^on threw up and made no 

appearance, having^ as they thought, and 

iatended to insst upon, sheriffs of ttar own ; 

so the qoastion of confirmation waa pot and 

csrriod affinmatiyely, and then, ^r the dec- 
lion of sv Balph Boxt which wia. carried 

dso. But B#K wan inglited at the double 

ttonw, far .m it waatarmod^ and tha^ dis- 



putaa with these Anti^sheriA, as 
happen, and so fined off; and then sir P^ 
Rich was chosen, and the dactkin dechffed 
for North and Rich. It was wondered at by 
many why the fiiction did not interpose to 
trouble this lattsr election, and, as they might 
haye one, joined one of their own party ; 
for it mi^t (and really it did so^ happen that 
a Iriend m a corner had been of great service 
to ^em. But they considered, wisely 
enough, that it was better to stand the after- 
game in parfiament, which would make dear 
work, and, in the mean time, not hurt their 
title to two sheriffs by coming in for one ; 
and, if they did, their. officer would have a 
sour time of it, having the courts the law, 
and the officers against them, for the latter 
would certainly obey my lord mayor's she- 
riff. Besides, North was a person so deter- 
nuued and resolute, and withal so well ad- 
vmA and supported, that nothing bat blown 
would be got by contest with him. B^t all . 
this was reasonmg in the dark, for the Rye 
Conspiracy was scarce formed ; ami they 
dreamt nothing of such a discovery to ooma 
upon their pwty, as foUowad; dse they 
would have had a fiiend in a cosner, to bo a 
spy,, at least, in the enemies yiafiem. But, 
as things were understood, the nest point was 
for the old sheriffs to get dear out of their 
office. Theif courage did not servo them 
to refuse ddiveiing over the gads by inden- 
ture to North and Rich, as the way is ; not 
to indent with their own anti-aheriffs; fin* 
either way had been an escape of the pri- 
soners in ezeeulion that had charged them 
deep : Therefore they made a virtue of no* 
CMaity, and were glad to sod. to Nosth and 
Rich, who entered upon their ofStee in Ae 
Msaal forms. And so ended this (M> after- 
times inconceivable) huiry in I^mjon about 
the sbrievd dection in 1,683* 
** And noW) before I enter unon amp eeoso' 
q^uences, I will run over tne author's, ac- 
count of the matter, which is very brief^ bu| 
not so brief aa mdicious ; ibr hia aim 
throughout is to make such, a sham repre- 
sentation of it, as the whole procei^teg may 
appear one continued net of aibitrary power, 
and nnrighteous on puwcio n olf the dt^r fiiee* 
dome. It seems that, after Bethd and Gor- 
nish» the sheriffB of the year 1680, ef scan- 
dalous memoiy, the loyd dtizena,ifaBau- 
tlior's couit party, instrudsd, by theic bcha- 
viour^ what was to be expeoted if the soma 
Ihotion, thnt set up them* shonJd set np 
otheia. as bad, maoe dl the streng^ they 
conid to oppose the choice of Pffldnglon and 
Shute, but u vain ; and fi|e author, justtfiea 
the fantion for going on at that rate, aaiping, 
• tbdr liFs« and liberties depended upon that 
< dtoicn/ He must think sove that hia 
ftxendsknev themselv^qbnoxiotfsand de- 
SflTving tobe hanged, or e^.that 4in iNNRt 
had resolved,, right or wvangi to bang them ; 
how dsa oamorthsA choice to bp so fatd be* 
yondaiqr oAfiTf aa if Bibs; Atroponwdtfii tf 



sor] STATE TMALS, 95 Cfl AftLss II. 

cut all their threads P 'But it teems the city 
begttn to shew a loyal dispositiioD, and, tor 
lh« credit of youth, who are sometiiiies mis- 
takeh, but ever forwardest in actions of (fire- 
supposHi) general good, it fell out so in the 
city that almost all the apprentices were 
fcryai, and had a fancy to make a feast, and 
entertain some of the court ; whereupon ve^ 
nison was sent them from the king's parks, 
and some great men dined with them. Tliis 
the author oaAls a meaner condescension, to 
which he adds this dutiful sentence, It was 
tiiooght it Was no lesH than encooraging ser- 
vants against theh' masters. The fl^on, 
and their scribe here, had reason to be ofieud- 
ed that the servants should presArae to be 
honester than tbeir masters ; and that it 
should not be in the power of the cankered 
old crabs of the faction to corrnpt the youth 
of the city, whereby to provide a seditious 
succession*: As if young men, commonly 
sons of good families, were bound out appren- 
tices to trieason, as a mystery in whicn they 
were to work for their masters and learn for 
themselves. But we must not forget the 
mystery of king Charles's greater conde- 
scension to stir up mischief* b^wCen masters 
and servants, by setting up the latter. 8ure 
there was some great condescention which 
was exeeeded by this; and I find it was 
after the electk>n of Pilkington and Sfante, 
when the city invited the king to dinner, and 
the sherifls went on the errand. The king, 
hating no quarrel to the city, which, ex- 
cepting the majority of the'livery, were ge- 
nerally loyal and active against the faction, 
graciously accepted the invitation ; but 
withal was pleased to add, ^houflfh brought 
bysudi unwelcome persons. T%is^e au- 
thor makes a^ low pique in a king, that is to 
honour his fnends, and disg^ce his enemies. 
Wonderful invention ! 
* But, to return to our Midsummer work, all 
the author's account of the action in 1682, 
momentous aa it was to the public, falls into 
one short fiUlaeious sentence. ^ The court 
• was very solicitous fbr the choice of new 
^shsrifft of London and Middlesex, and 
« earnestly recommended North and Box.' 
This, as It is expressed, is false : For first, 
bow could the court be solicitous tor the 
choice of new sberiffi, when the choice was 
to he of course, and the old eould not con- 
tinue f And then there came no recom- 
mendations from the court to the city; 
and, lasdy, North was not upon the foot 
, of <choiee, but confirmation. If he would 
hava said true, he would have tokl us 
that the * court were solicitous f o have 
the Ignoranvs fhctioa excluded, and indif- 
fewnt sherifb ^chose, and that the ioyalliats 
of all sorts set up Box to stand with North 
that was drank to. And so the people pro- 
oesded aa usual upon contested elections, 
when the diithMtwn was of k>yal and Igno- 
ramus. Bat. savs he, the hearts of the 
ctdzenawframrspilioAaiidDtihois. This 



iSSS.-^lHai ^Ifmaa Pilkhgiim [SOS 

is false also: And the cheat Ket in the 
word citizens, for that stands here, aa, on 
other like occasions, the woiil people, a 
part Ar the whole. For a party rabble is 
always his people, so here a prevailing 
party^ of a packed livery are the citizens for- 
sooth ; ahboogh, even of them, the valae or 
the loyal party exceeded the tate on th« 
opposite side. But it may be affirmed of th« 
citizens, in general, that, bad they been 
polled, ^tigste had been ten for one against 
the fhction at that time. And that was seen 
in the choice of aldermen, fbr, of about SO, 
there was but 5 with the factk>n ; and thos^ 
magistrates were chosen by the inhahitaats 
at large, in the Wardmote court. 8o just 
an account of the citizens have we here ! 
But what ccmes now ? < This occasioned & 
' riotous controversy, the lord-mavor com- 

* plying[ with the court, and the old sheriffii 
' resolving to assert the rights of the city.' 
Is not this the marrow of the dispute f What 
can be the meaning, but the court and th« 
lord -mayor, hy force and violence, set up 
sheriffe, and would allow the city no election 
at all ? We are got beyond the recommend- 
ation of the court ; that consisted very well 
with a free election without tumult, tboneh 
my lord-mayor with his influence, took tlic 
court side; so the matter must be right 
down force, as I said before, that shonkl stir 
up the shernffii to assert the city's right to 
elect. For he takes no notice df the di^nc - 
tion of confirmation and dection, nor states 
the pretences of the party, as a just writer 
should. Nor was there any riot at all, but 
that of the sheriflb acting unwarrantably, aa 
was shewed. 

'^ But he goes on. ^ Hence, on the ekctku 
' day, a great noise and clamour was naade ; 

* the Whig parl^ being more numerous, the 

* lord-mayor af§oumM the common hall.* 
- Tg set aside the great news he tells us,' that, 

at a popular contested election, there was a 
great noise and clamour ; we must not allow 
him his pregnant word hence, that carries an 
assertion of a force upon the city. For it 
refers to the former words, which plainly 
imply it, and, consequetitly, is a very great 
falsity ; tor, at most, the business was the 
form of the election, which the two parties 
contended upon. But that, which fi)llows, 
is an artificial and solemn fouber^'. The 
Whig part}' being most, the lord- mayor ad- 
journed, &c. Doth not that affirm that the 
lord- mayor, finding the numbers against him 
upon the square at the election, unjustly ad- 
journed. Sec. that they might not carry it. 
Which is the most egregious falsity ; for be 
fuyoumed, because the hall would not do him 
justice by confirmation, which was his right ; 
nor did any law oblige htm to agree any 
thing to them who would not do him common 
justice. And must any one, a stranger to this 
affiiir, think this good lord-mayor, one of the 
most treacherous and tyrannous men in 
the worldy for stopping a Gbaioa heoavaa bia 



M9] ' STATE. TRIALS, 35 Chablbs It. iBSS^^'^iUt oih€r$,fat a KM. [2ia 



lide had fewest >oices ? O ! that the Whi{^ 
party had uercr really and. truly done that 
which this writer falsely charges upon the 
ceod sir John Moor ! But we must not stop 
ken. Bat the two sheriflEs, thinking that to be 
anarhilraryactforinterruptinffaregulareleiy 
tioB, weat on with die poU. Who made 
them, that are officers of the crown, and not 
of the corporation, judges to say what was 
iriritraryiind regular in the proceedings of 
the lord-mayor, aldermen, and citizens cor- 
for^Uter eongregati f It is just as if one 
should say, the sberiff, at the assizes, thought 
that the jodgesdeparting before all business 
waa done, was an aihitrary act ; so he oon- 
ibuied the assizes by himself. I suppose 
soBDe learned counsel hath informed this au- 
thor that, if a magistrate doth not please the 
Whig party, he acts arbitrarily. 
After this the author touches upon the com- 
mitiBent by warrant signed by 24 of the 
privy connctl ; and that counsel was heard 
upon Ae adjournment, of some of the fol- 
h»win^ proceedings, down to the double de- 
daiatioB of the election, and there says, 
fi^ the ' proceeding, (on the lord-mayor's 
part) was thought to be by no means usual ; 
fiir Dudley mrth, esq. was only put up 
to be confirmed, as being duly elected 
by the lord-mayor. Here is so much 
nbity and so prevaricated, one knows 
not where to begin. First, the proceeding, 
as in tnith it was, (which is here iaisely re- 
lated^ was by all means usual, and so agreed 
by toe adversaries bating a few disoonti- 
BoaBees ; only they were pleased to call that 
usage an osurpation. Then next, here is no 
aecountof this mysterious * confirmed,' bntby 
my lord-mayor ' duly electe(1,'«whicb is false 
sdso ; for the lord-mayor did not pretend to 
^ect, hot to point out a person whom (if 
elected) he should approve, as hath been 
ahewed. So here is a scandalous account of 
the proceeding, as far as the author intends it 
ahoold be understood^ he conceals the whole 
«»aterial truth of it ; and that is a worse cheat 
than all the other, misrepresentation. For he 
iiath aappresscd the whole story of the custom 
and ceretnony of drinking, with the reason ; 
which is a subject, not only necessary to be 
ezpbined in tlie history of this ^risb, but is, of 
itself, as remarkable as any thing that can be 
telftted. " If he iiad pleased he might have 
passed fay the whole matter, and (as was 
said of the tumultuatin^ Jews about ques- 
tiona of their law, so of the citizens, about 
auestions of their customs) we had indulged 
him on account of brevity. But he, with 
his thinkings, and 'tis thoughts, comes 
nmhd to a dedsion, and condemns the lord 
nmror and loyal citizens for coUeaguers 
with the Court, to usurp arbitrarily the 
rigfatiT of the dty, and rob them of their 
dection ; while the food (gnoranius sheriff, 
and his Whigs, with a public spirited re- 
sohition, stood up and maintaine<l the city 
ciffati against those traditorian C|ourt slaves. 

VOL. JLX. 



And, all this while, no mortal can ooUest 
from a word of fact, so as to guess whai 
the matter of these great stirs was. And* 
from a comparison of his words with th« 
fact, aU this appears to be of itself, not only 
&lse but maliciously tincted with^ words and 
names to look like truth s and so pretending 
to a relation, is unintelligible and dark, ta 
the intent that folks mayimatt^ne whatia 
not :. such is our Complete tiistory ! Let 
the following passage speak. <* The mayor 
heard the lawyers aigue the regularity of 
the late adjournment, bat coming to no 
resolution, the Court was again a4joumed.,'* 
Here is falsity and contradiction ; for the 
. point, apon the first arguing, was rasolved. 
and the hall, then^pon aiyoumed: and 
fwying here that the Court was again ad- 
journed, admits a resolution ; for whether if 
might be done, or not, was the question. 
But tlie author is not pleased* though 
the point was cleared to the satiafiMtion of 

. all, to have it determined, but rather remain 
a moot point in bis History, or yet i*ather be 
condemned by virtue of * 'tis.thought.' The 
rest of this }>aragraph trifles and shuffles in 
matters not worth notice ; and then he con- 
cludes that Mr. Dudley North was sworn 
upon the hustings, which is false ; for he 
was n<)t there, nor sworn till a good while 
af^er that be was sent for to the court of 
aldermen, and oommaiidcd to enter into' 
bonds for taking the office upon him. So* 
this shot, made though at nothing, was by* 
guess, and flying. 

<* I have now given a representation of ih* 
Author's falsities and concealments abou^ 
tliis momentous change of the city, and^ 
consequently, of the whole nation. Ha 
liath afforded us only a few sideling and 
libellous sentences, and for that reason, 
affectedly dark and imperfect ; suppressing^ 
as I noted, all titie true motives and depen- 
dances belonging to the proceeding. Ha 
would have the business look black on tha 
Court side, havinff occasion for abundance of 
such arbitrary doings, as he labours to dress 
them out, in order to extenuate the ensuing 
rebellion ; which is the true reason for this 
liis, otherwise, unaccountable conduct. Wa 
have had already much, but shall have more» 
of the like design afterwards. But, as to 
this transaction, that I mip^t clear up ,hia 

. mists and mishanes of thmgs, I thouffbtit 
necessary to make an entire relation of my 
own, which 1 have done out of pure me-i 
mory; and think myself not wholly un- 
quanficd for it, being in those days carious 
and active, and seldom absent at any of tha 
turns. But having no thought of ever* 
being provoked, aii I am by these, wor^ 
than, falsities of the author, to recollect par- 
ticularly matters that, in those times, I 
looked after chiefly for diversion, I kept no 
journal, or notc^ of times and particularities 
as they succeeded. Nor have I acce^ to, 
any otfi«ss where I might gathar from tha 
P 



»n]. STATE TWAlA-aiC«48l.f«n.J«8?^T'^?^7»fiFf«W¥M«f» t««. 



ocigina]S| t)iat is orders, '4ecl9Jr|itioii8, i^id 
the like, wbat b needful fbir a just register. 
Therefore I am seusible that mms punc- 
tualities are here waptlpff, wuicuTlf^ish, I 
could supply. &at, as ' ^^ ^e g^qss otejiifi, 
and the maufer of fact, \ an) secure of naving 
clone justice ; for H welj ofeserYed ^heip, 
and, ^t^hink^ shall never forget the m^- 
ierial pai't.'^ £xamen, p. 595*. 

Cf icerninf these transactions it may reason- 
ably be conjectured that the ordinary ^eigrit 
<»f ftoger xVortb's political partiality was aj^- 
^yated by the consanguinity be^if een hifn 
apd sir Dudley North. 

Of the tame oocnrrences, the foUovring p«8- 
' ngesy extracted from Narcissds Lirttrell't 
itik "« Brief SstDrical Relation of State Af- 
iiirt," in the Libmry of AUSouli»coH^,Ox- 
iM, fitniish a simple and apparently Impar- 
tial nonative, the eflRect of whicb is enhanced 
(v contrast with the p*rty vehemence of 
mrtlft'8 reoresentations, and the elaborate af- 
fecti^ion of bis forced and dedattiatory style : 

^""Jonej lj681. The 24th was the day for t)ie 
election of sbenfis and ofEcers for the city of 
London, the IJyery-men of the serej^al 
eompanies appeared in an extraordinary 
BuCnner at the Guild Hidl : the lord mayor 
cud court of aldermen being come upon the 
I^ustingji they proceeded to the election; 
the persons in nomination for sKerifTs were 

i(r. alderman I^Ikington, and Mr. Samifel 
ihute, Mr. Ralph Box and Mr. fiumpbry 
Kicolion ; M)r. Pilkington was first put up, 
who having apparently the majori^ of 
fbices, was dfrlared duly elected ; Mr. 

. I^ufe with some contest was put up next, 
llpd then Mr. Box, but Mr. Shute carried it 

' ty nuich to appearance, yet those that were 
for Mr.' Box demanded a poll, which was 

' ^nted and clerks appointed^ and i|coord- 
Higly the poll began which ended t)iat day, 
^nd Pilkington and ^ute carried it by 
t)u'ndre<ls of vuces. — Sir Thomas Player 
Vk-as then also continued chamberlain of 

. X^nd9n unanimously. — ^There was a very 
ercat appearance of Liverymen, and tiie 

[ Court had made wlmt Interest they could 
Inat'tbey might ^et die persons set up by 

' them CSox and Nicolsonl chosen for she- 
pffy,' Tl^e poll wais closed the 24th at night, 
and tb^ 97 th was a common hall again for 
declaring the sberiffii ; and on the poll al- 
derman Pilkington had 3^4, Mr. Shute 
3244, Mr. Box 1,266, and Mr. Nicolson 
84 ; so that alderman Pilkington and Mr. 
^bute were declared duly elected." ^ 

• As to this election, bishop Kennett, vol. 3, 
£. 391, 2nd ed. says, *< The king was resolved 
y e&^rcss his diijplcasure at it, and therefore 
vhen, on October 13, sir George Trcby and 
thtisc two shciifls were sent to mvite his ma- 
jesty in tlie name of the city to do them the 
lionour of dining at Guildhall oa the 28th, 



< 1682, Jun^. Tl^e 24th UeiQg Xhp una} ^j 
for ekctipff of sberifisfor the. city of Lpv^do^^ 
oj^uiy of we fiv^ry men appeareu at Guil^* 
^ ; One party crying ujp CJforth «nd BqX 
ai)d t^e ^tner pij^bois and pi^iUiop *, ^u^ a 
po^l being desired and grant^ itb^t^^ 
i^meho^rs; ^nd tl^en ^war^s tbeevw^g^ 
the lor^ mayor cam^ ^aA difipkBed ili« 
court, orderinjz tjbem to (^pear on Ti'u^iy 
next; Qot\^itnstandi9g whicl^ tl^e ^heridf 
still held on the court, and the Xl}f^ PAity 
cried out a Hall ! a U^ll ( and eoi^m^upd on 
the poH, and there was some xind of t!ot 
and tumult comini^ted i^ ^e jkw ; Bm at 
last tJb® sheriCTs ^l^ adjourned th^cQUi;tt^ 
Tuesday next ^ njne ^r tlieVlov^* 
'< But the 9.5tb tl^e lor^ 9)f^yor i^en^ ap4 <^9W 
plained to bis ij^i^esty against the ^^eri^ 
who beine sumngioned to appear tt tli« 
council, they did accordingly the 26th $ 
and beins[ thought to be promoters apd up- 
holders oT a riot ; th^y were cou^mitted bv 
order of council to the Tower, aju^accoc^ 
ingly conducted thither in then: ^o^u^es by 
ibur yeomen of the Guards, only tl^()^H£^ ^^ 
city. 
" It IS observable in this election, ib^ the l^urd 
mayor insisted ou his right of chuifing osi€ 
of tl^ sheriffs himself by drinking tol|iio^ 
which he had done to Mr. North ; but tbi# 
the greater part of the coipmo^-hall w^r« 
against^ and vjrould not confirm luin. 
'^ In the tranaactiofi of the late electi(ii| c»a 
Midsummer-day qf the sheriffi^ some thi^g* 
are remarkable ; as first the lord nw^y^r'n 
precept to the several companies runs m an- 
unusuU form, viz. as well for the confirqia^ 
tion of the person who was by him chosen, t<^ 
be one of t|ie shprifis, &c. as fpr the el^ 
tion of the other, of the said ^erifis, 6c<^ | 
whereas former sumnions was to the meqn* 
hers to meet and chii^ sheriffs , aa4 then 
when this person was put up, it, waii only £>• 
con()nna.tion, but this the common- hall wat 
alisolutely against, and cried, Ko con%8(iA- 
tion, no confirmation! l^he common haU 
also returned thanks to the two present she* 
riffs for the faithful discbaif^ of their officie. 
" June 27th. The court of Hdnf(u Qench 
granted a Habeas C/orpus, to brmg up th< 

his mt^esty Q^ve them this rebuke : * Mr. Re- 

* corder, an invitation from my lord mayor and. 
' the city is \ cry acceptable to n;ie ; and to ishew 

* that it is.so, notwithstanding tbat it is brought 
' by messengers that are so unwelcome to me a^ 
' these two sheriffs arc, \ et I accept it.' 
** His majesty," proceeds the bishop, '* 1mi4 
before condescended to a meaner thing by 
distiu^ishing the loyal apprentices of London, 
and giving; a brace t)f bucks for a dinner at 
Sadler's Ilall on x\ugust 4th, and sending rnsiny 
of the prmcipal courtiers to diu^j with them, 
directing his son, the duke of Grafton, to be 
one of the stewanls for another year: all 
which was thought no less than to encourage 
servants to oppose their masters." 



i 



lis] " 8TAt£ TRIALS, s'j CdAUtt^ If. iSM. 




Ami dMft TlMNdri wktch i»ilfl retilhiflfbte im- 
\aiakmA^ ; 4ttfl the Lieutenant oF the 
IVl^ei' Mug sert«d l^eAretHih, thbiight fit to 
tike no notice thereof. 
% Tlie ^6th tlMB tfheHlR Of Lona6n, Mr. Pit- 
ld]ifft|Mi tfd Mr. Sbilte wei-e bH)ag4it tib from 
the Tbwer o^ Inondoii to tile eoiirt of KM^'s 
Bcndi on a iefcoiid H«be&i Cot-ptk, ind de- 
iitc^ by their ooUneel to be biiiled ^ biitMr. 
AtHfiney QenerAl exbihitib^ an bfornia^ion 
Aen in oouit agaimt them roi' (he said riot, 
Ibr wlli<^ they we^e committed, they pleatled 
ftst toit» Kot Goflty (in which aidd idfbrroa- 
tinii there were abotit forty olh^r perions 
meiflhMiell lid rioters ; a4 ^d^rman Henry 
Cornish, rtr Tbomils iBoM, sir John ShoHer, 
lord Gre^ bf Wart, atd^ihan Ellis, John 
Tteilohtrd, ^. laid others) tHen thev #ere 
admitted ttf bail^ Whd were Mr. James Hayes, 
Mr. Midinel GMfref , Mr. Benjdhin Ood- 
, mid Mr. John Biiaden ; the princt- 
were bOdnd in S,000/. a piece, and tlie 
b 1,000^. e«cb^ Itt desire of the Attor- 
ney General. 

Jttfy ath. The ciame djnr beib^ the Mst day 
of <be term, thfe ^herifis app^iired etlHf at 
tliecotirt of Ksiig:'* 0ench, and h$d Aeir 
i^ipearance reeorded.— And it bemff the 
ocy appointed for the eleetion of sfaeiifis 
neceranr to th6 IMe lidjoartitotet by 
tlie l0rd noaycnr, th^ sheriffir appeared 
nir the InlBtiB^, aftd the citLzens in great 
BlAuheiitf, bnt tfie I6rd may6r lleih|f in- 
disMaed, Mr. Reeotder, W his lordsbip's 
OT«er,4iedtte(lil wtHllfisrlo^hip'd desire that 
ihepoU aHoiild be adjbiimed Ol Fri^jr the 
Tth ; whiereateti the ^heriflii donanding of 
the cotoOMNi-han if they weto williiff to 
defer it, tne nl^ part were ifgahkit it, so 
tfaejjr firoeeedipd itt the p6tt ibr some hours ; 
which bong finished tfnd east op; the com- 
ami-hattiifsbtiti^tohave th^ pbll declared, 
jflie «hertfls did llecordingit, Mr. North 
1^7^ Mh ^kA .l,to9, Mr. PapiHtoll 3,754, 
wBAJtkt. DoMi S,7d9 ; which twd last har- 
ti|g^ life ttU^/t^rBCt weM deidared sheHffe ftr 
^hft ]fenr $s&mat % Aiid their proceedings' 
^MeerMcd to be recorded br Mr. Town- 
^iBi1[,aMlbeiirthe6dfiMlMitt-bidlbf6ke up: 
Dttinuf this day 'tf proceedings, four oonkpa- 
nies of the frailied Minds were on the gfoard. 
^ The rtil, the kffd mayet, seme of tM sd- 
devufett,' talk tlie kittens on ihtft side met, 
early at G«ttd-haH (MtWiftstteidingthe pro- 
^seediqpl^on Wednesday)to proibeed on the 
poll ; ti which the dllier party hanng no- 
tiee, iMtdiey should be stripA of their pri- 
fUegiea, «aiif^ to Gcdid-hall in great nu|n- 
BeM ; 4nt a difli>uto arising between the 
BBsy^ Aid aldermen about his preteAded 
.a^oominettt, some IttwVers were sent for to 
decide it, sirCtoerge/effefysitodlirr. San- 
deniii beMf «fthe loi^d mayor. and^Mr. . 
WiBinaBS aftd Mi^. Pbllexte fbr the sherifis, 
who^debileitAiettlatier, Mt coming to 



no 



iteie^. «to idM >My<Mf fuiOidf adjiWoed 



Hi^ cbfitt tfR this day seven-nfgrht beinir 
tB*i4th. 

<< The l4th a!^ihift bommon halt met in g^eit 
-ntiraberS at Ghild-hall : the lord mavor and 
aTdemlen beidg boiine upon the Hustings. 
Hid majest^^s order iii couticil was read, 
And tlieri the ford mayoi* infitistM on tiis nri« 
▼i!e|^, and d^tdred Mr. I^^inii t6 be sW 
rifr, which the Cbri^ihoii halt would by no 
iil^ns adihii, bdt cribd but fio f^ortb,, ne , 
rforth, no confirmation : but& Papiifioii and 
Dtibois : ^en the ftbenft^ telling the conif* 
itiod-half, thet w^ by kis tidaje^ 's order t» 
poll anew fsalTO jure tb the last poll) tliey 
beenn td proceed ilt four in the afternoon to 
pot) for ail fobr, which the loWf ohavor hter- 
m^ of eittue and ai^ourned the p<A igaixt till 
to-morrow feren of the (;lock. , 

'' The 15ih according io yesterday's adjourn- 
ment bv the lord mayor, the cottwnon kali 
dissembled and tbey proceeded to the poll : 
the sherifiiB had books to take it, to also sOme 
appoifiiea by the lord mayo^ took it ; the 
sheriifb wodld poll fbr all feur, the imd 
tnayorfor but three, -saying Nordi was al- 
reiidy chosen (though it is said his lordship 
consented to poll for ad four, but ailerwanui 
thought fit to alter his blind,) the books 
behig closed ilbd east lip, ttie sherifis ctoie 
upon the hustings and declared how it was 
in the books, North lot, Bot 173, PaDitlio^ 
9,4813, Dabois 9,491 ;jaid a£:aiDstconfir|na- 
tion 9,414: So thd Papillion* 4nd puboia 
were again decUred efected sherifis, ii which 
Hhere was a great shout : Butt ihelord m^or 
and some 61 the alder^h cai^ie afterward 
on the hustings, ^d dectired Box to be. ths 
other sheriff as having the mt^oritVy vis. 
1,944 in ifif bool:, and Fapilliott ind Dubois 
but 60 j after which the sherifis cauie agaim 
Upon the Httstings, ahd declared Papillion 
and Ihibois sherifilt IVhai will be the issns 
hereof time must shew ; Some nersoos ars 
ttrangely exasperated against the lord mayoc^ 
and most blame him fbr ih^ onusuid prepept 
that summoned th^ common hail, such aa 
one having been never kfiows befove. 
The affair of the sherifis is thai Vfhuih 
causes great differences; the Whig- par^ 
thinkkjg the ford mayor hath done them ja» 
hn^, have brought actions of tlie case against 
his fartlsbip which increase in number eve^ 
0ajf; they say that the sherifis were ever 
the pro^CT mani^ers of the poll, that the 
lord mayor was wifiing to poll for dl four, 
until a certain minister or state was with 
hito, (sir LeoKne Jenkins) that in a ^tUe time 
diere will be a common councSt called, 
and then they think to receive satisfaction 
hi their rights ; but if Aie lord mayor shaM 
proceed to swear North and Box, iiey think 
they hav« power to turn them oat ac^n on 
idichaelmas-^y ; if all these fail, Uiie}^ ar^ 
resolved to proceed by way of nUindaipos, 
act of the court of King's bench, to try the 
issue the next term. 



n 



^^ Thejtrthbeiiigs eoo^ /ft sXlii^m^, ibeA 



£15] STATE TRIALS, ^5 Charlbs IL iGh^.-^Trial of Tkmoi Pilkifigi&m [tl€ 



was a numerous appearance <A' the Uv^ry 
men at Guildhall, *to have the lord mayor's 
answer in relation to the petition formerly 
delivered concerning Mr. Papillionand Mr. 
Dubois their being called to hold sheriffs for 
the year ensuing ; some of them beinf call- 
ed iui his lordship's answer was read, that 
the court would take care such persons 
should be sheriffs who were legally elected, 
as also of the rights of the chair and of the 
whole city, and if things were done other- 
wise, the law was open ; Some of the livery 
^en attempting^ to reply, that this was no 
answer, his lordship bid them forbear and he 
gone, which they not doing presently, they 
were commanded in the king's name to de- 
pa i*t ; and then the court adjourned till after 
JBartholomew tide. 

** September, 1682. On the 5th was held'a 
c^urt of aldermen at Guildhall, where di- 
Tei*s citizens attended and delivered another 
petition to the court, to the same same sub- 
stance as the former, tliat Mr. Papillion and 
Mr. Dubois being legally chosen sheriffs for 
the year ensuing, they demanded as their 
right, aud as the oath of the lord mayor and 
alderm^ obliged them also, that they might 
be summoned to seal their bonds to hold the 
said ofHce or fine off; then they were or- 
ilered to withdraw, during which time Mr. 
Box was called in : aud after the citizens 
were re-admitted, and the lord mayor told 
them their petition had been read, and was 
to the same effect as some formerly de- 
livered ; and that Mr. Box had been nnce 
called to accept the office of sheriff, but that 
he had submitted to a fine, so that now they 
should have another common ball to elect 
another sheriff to serve with Mr. North, to 
#hich some replied, they had already cho- 
sen two sheriffs, and would adhere to the 
first choice, and did desire no more common 
halls, saving there had been too many al- 
ready about this aflair, at some of which se- 
veral received their death ; On which his 
lordship commanded them in the king's name 
to withdraw, or they should be looked npon 
as tumultuous. 

•* Mr. Box's fininjip off. hath caused much dis- 
course, the Tories blaming him on the one 
side, and the Whigs gathering heart on the 
other, promising themselves success; but 
the more modei-ate persons like not these 
proceeding's, dreading the ill consequences 
that such heats and divisions may occasion. 

•* The 12th was a court of aldermen held at 
Guildhall, where many citizens attending 
were callefl in, who presented another paper 
to the Court for the calling 3lr. Papillion 
and Rlr. Dubois to take the office of sberifft 
on tbeau whereto thev wei-e lawfully chasen, 
protesting asfainst the election and confir- 
mation of Noi-th and Box, and that if en- 
deavours were used to the contrary hereof, 
■uch proceedings would be a breach of 
your trusts, and a violation of the rights and 
privileges of the citizens of London; then 



the dtieens withdrawing; a debate mnme in 
the court hereon, which oocasionii^ toine 
$harp words, the lord mayor ordered the 
fiwora to be taken ap and so dissdved tha 
court. 
" The 14th was another court of aldermett sit 
Guildhall, where many citizens attending, 
those of the Whig Party delivered another 
paper to the same effect as the fonnsr in. 
the behalf of Mr. Papillion and Dubois ; the 
other side deU%'ered a paper desiring that 
that court would appoint a common-ball to 
chuse another person to serve with Mr. 
North already confirmed ; then a tfatid 
paper was presented hy Mr. Kainton (late 
member of parUament for the coanty fit 
Middlesex) subscribed by many gentleoien 
and freeholders of the county of Middlesex 
in behalf of Mr. Papillion and Mr. Dubois, 
which on the other side was protested 
a^nst by sir J. Butler and others, as done 
without then* consent, or' (as they believed) 
the majority of the freeholders of MiddksejCy 
saying they had nothiifg to do witli th« 
city's choice of theu*. sheriffs ; then they 
were all ordered to withdraw, and aAer some 
time were called in, and told that the court 
had considered of their several {letitions, and 
would talce care that such persons should take 
the office of sheriffs as were duly elected ; and 
that in tins aud all other things, that court 
would endeavour to maintain the rights and 
privileges of the chair and of the whole 
city, and wherein you think we do other- 
wise the law must judge between us, and 
were told that the lord mayor did intend t« 
call a common hall on Tuesday next to ehect 
another fierson to serve sheriff with Mr. 
North, which occasioned some to cry, No 
North, no common hall, we ha^e chosen 
already, but they were commanded in the 
king's name to depart. 

<' The lord mayor, wben he avunmons a 
common hall, usually sends bis precept to 
each company, but this time be only sent 
word to the clerks of the companies. 

^^ The 19th being the day appointed for a 
common hall to chlisea person to serve with 
Mr. North for sheriffs of London and Mid- 
dlesex, the liverymen met at Guildhall in 
great numbers; about 11 the lord mayor 
and some of the aldermen came upon the 
hustings ; and the common cryer proceed- 
ing to make proclamation, there was so con- 
fused a noise that nothing could be beard, 
then the lord mayor and aldermen retired 
into the council chamber, then the common 
seijeant came forward on the hustings and 
put up Mr. Kich, at which there was sueh a 
noise of No Rich ! anil that they would stand 
by thdr former choice, that nothing dse 
could be heard, then the sbt'rtffii came tor- 
ward and put it to the common ball whether 
they w ould proceed to a new election or 
stand by their old choioe ; and much the 
greater number was for standing by their 
old choicey thou^ n^any people (it m 



417] STATE TRIALS, 35 Charles IL 1683.— mid <dhir$Jer a Riot. [218 



dmghl) held theor bunds Mlwrvite than 
tiwy inteMled, it Mug bardiy pMsiMe to 
httrwhat was pat up, hat a poll being de- 
vandedyfliid gianted by the sheriffs, tbe^ 
adjoamed it for an bonr or two ; whilst this 
VM doing ibe lord mayor eame Wun npon 
the hastily, and dedared Mr. Rich law- 
fiiDy cbosen, ^though the noise was so great 
it could not be heard, and then dissolved the 
hall and went to bis own boose ; about two 
. in the afternoon, the sheriffs began the poll, 
during which time the lord mayor sent to 
them to desist, for he had dissolved ihe hall, 
bat they proceeded ouj and, upon casting 
np the books, found there nas 2,082 for 
standing to the old choice of Mr. Papillion 
and Mr. Dubois, and 35 lor Mr. Rich ; and 
die shcnfb hearins' that the lord mayor 
came again himself, hastened upon the hust- 
ings and declared Mr. Papillion and Mr. Du- 
baia legaHy elected again, and then ' ordered 
the people to depart, whidi done, the lord 
mayor caused the g^tes of Guildhall to be 
■hut up. 

*^ The next day bemg the 30tb, the lord mayor 
and seme of the aldermen went to White- 
ball to inform bis majesty of the proceed- 
ings, and there were some affidavits made 
agaimA the sberifb, wherefore a council was 
SDromooed in the afternoon, and the sherifls 
ordered to attend, which they dmng, tbey 
were told they had proceeded in a riotous 
manner which they must answer, and so the 
two flhenfls gave a recognizance of 1,000/. 
each, mtid tea bail in 500?. a-piece to appear 
at the King's-bench bar the 1st day <n the 
neatt term, and to answer to an information 
tfiere, and in the mean time to be of the 
good behaviour, and so were dismissed. 

*' It is thiHi^t by most people that Mr. North 
and Mr. Rich will take on them the office 
ef sherifls of London and Middlesex, not- 
widistaoding their contested election, and for 
this end they are fitting up OoMsmitbs and 
Urapers halls : these things make some per- 
sons down in the month fearing the effects of 
these two being sheriffs ; and scruple not to 
say to what end they were set up ; that if 
the lofd mayor would chuse one sheriff, 
ther never knew any cotour he has to chuse 
bote; ^ley call him a betrayer of their 
rights, and are resolved to pursue the utmost 
rnnedy the law affords ; and some fear not 

' lo aay the ofci sheriffs will not deliver up the 
prisons to diem. These things look ill and 
are much tobefoared ; and the other side 
areresolvedto stand by Rich and North, for 
tbf*y will have thein in as legal officers ; 
time must produce the consequences hereof. 

** The 26th was a court of aldermen at Guild- 
hdl, where Several liverymen attendlno^ pre- 
ansted a paper to the court in the behalf of 
Mr. Papillioii and Mr. Dubois, very sharply 
vcpffesenting to' the oourt'tbe breach off heir 
trust and violation of their oaths, but they 
had answer returned them as formerly an<^ 
wcrrcomnnDded to depart. Afterwards Mr. 



Pteter Rich was called to give bond to take 
upon him the OlBoe'of sheriff, which he did 
accordingly. Mr. Dudley ^orth sheriff 
elect by the lord mayor, sent to his cm* 
pany the mercers, to demand^ as usual, 
several of their company and officers to ac- 
company him to Gmldhall ihe day he takes 
the office, but the said company holding a 
cotut thereoii, made an order that none of 
their members^r officers should attend him 
on pain of being turned out, but that they 
should accompany Mr. Papillion to the said 
hall to present biui to be sworn one of the 
sherifls of London and Middlesex. 

« Tlie 29th being the usual day for swearing 
the sherifls elect for the city of London and 
Middlesex, there was a ffreat concourse of 
people at Guildhall early, out the gate there- 
of was guarded by the Trained Bands of 
the city ; and several of the liverymen, 
who were kno^vu to be for Papillion and Du- 
bois, were denied admittance until the lord 
mayor himself came : about ten his lordship 
came, accompanied with Mr. North and Mr. 
Rich, and entered the hall; some Traineid 
Bandls also were placed before the hustings, 
and lieutenant-colonel Quiney, who com-i 
manded them, offered an abuse to sir John 
Lawrence, one of the aldermen, by pulling 
him down off the hustings vi hen he was go- 
ing up ; who afterwards went to sir Robert 
Clayton and made oath of the assault, and 
had a warrant against the said Quiney, who 
was taken by a constable at the head of his 
company, and carried before the lord mayor 
himself, who bound him over to the sessions ; 
these guards also gave great dissatislactJOB 
to many citizens, complaining that they had 
a military power set over them. After some 
time, the lord mayor and aldermen came 
upon the hustings; proclamation was 
made for Dudley North aiid Peter Rich, 
esqrs. to come fprth to enter upon the office 
of sheriffs ; they presenting themselves to 
the court, the common serjeant began to ad- 
minister the oaths, when Mr. PapilUon and 
Mr. Dubois laid their hands also on the 
book ; but the lord mayor commanded them, 
in the king's name, to depart and keep the 
peace ; so they departed, and several of the 
aldermen, who wereof their side, went out 
of the court also. After Mr. North and Mr* 
Rich were sworn, they were apparelled ia 
their fur gowns aud gold chains, and Mr. 
Hastings was sworn under-sheriff^ which 
ended, his lordship walked home on foot, 
with the new slieriffs and some of the alder- 
men of his party, ami were afterwards en- 
tertained by the new sheriff<t in Grooers'- 
hall ; and, m the afternoon, the new sheriffo 
sent to the old ones to deliver jip the gaoJt 
and prisons, which they readily performed. 

** It b^g usual for the old sheriffs to treat 
the lord mayor, &c. on Michaelraas-day* 
Mr. Pilkington and Mr. Shute sent to hia 
lordship the night before, that since the city 
was come under a military govemmenl^ 



tl9] STATE TRIALS^ $5 ChaklbsII. i6B5^7nial of Tkomci PWghtgl&m t23D 



«c 



<( 



tbev thought it no vraper time for fe«^'fie[) 
ai^athererore should not eoi^rtaiii his loro- 
ship to-morrow. 

Oct. SS. There was klM a xtiotibil (br a 
Nandflmns to be directed, to the lord mayor 
and aldermen of London, for the swearingftr. 
Papillioa afid Mr. Dubois into the office of 
feherifi^ of London, but the court ordered 
cause to be shewn oh Monday next. 
Norembef . The 23rd of last month brings 
the first day of the term, a motion was made 
at the King'S-bench bar for a Mandamas to 
be directed to the lord mayor and aldermen 
of the city of London, for swearing Thomas 
Papillion and John Dubois sherifft of the 
Said city ; but the court thought fit to give 
the lord mayor, 5cc. till Monday the 30th 
of the same month, to shew cause why a 
Mandamus should not ffo ; which day com- 
hig, counsel for his lordship moved, that in 
regard that was the day the now lord mayor 
entered on his ofiice,xand was a busy day in 
the dty, they desired further time to shew 
cause, which the court granted till Friday 
the drd of this month ; which day also com- 
ing, the court put it off to Tuesday the 7th 
instant, in regard they were to go into the 
£xche<fuer to the pricking of sheriffs ; then 
it came on the 7thj and counsel fbr.the lord 
mayor objected that they would take out a 
Mandamtn directed to the wrong persons, 
iriz. the lord mayor and aldermen, where- 
tts they ought to direct ;t to the court of 
the lord mayor and aldermen ; counsel on 
the other side for Mr. Papitlion and lilr. 
Doboissaid, they desired nothing but that 
ihe writ should go out to the proper offi- 
^rs, and that the matter migut come to 
ft bearhig, and it was at their peri! if they 
took it out directed to a wrong person. Now 
the court thought fit to put it off till Tues- 
day next to consider how the practice has 
been to direct Mandamuses in such cases ; 
this, if it were in an ordinary case a Man- 
damus, Would have been granted on the first 
motion. 

* At last the court of King*8- blench Are come 
io a resolution in the case of the Mandamus 
io swear Mr. Papillion and Mr. Ddbois she- 
tifft elect, and they ordered, the 15fh, that 
A Maiidamns should go directed to the lord 
ftiayor and aldermen. 

* An* alias Mandkmos was granted the sfiine 
day fbr the swearing Mr. FapilliOtt aiid Mr. 

' JKlbois sheriffif of London."]; 



rOEr INFORMATION.* 

LoddM, it. 

{(Bit remembered, that Robert Sawyer, Imt, 
Attorney general of our lord the kiag, who far 



* The original Indictment runstbiia: 
" London $t* Quod 24 die Junit, anno reeni 
!Q[>ouiuCaioli0Bciiadi nuBC Rcgia Aogl V £c 



our said lord tlie king in tbis bsjalf 
teth, ooBneth into court ill his ^rttperpenov oil 
Friday next after fifieen davs ^ ttie Hbl^ 
Trini^, in this same teriBf and fbr oilr iaid lord 
the king doth give ihe oOiut bare td undentand 
and be informed, that the 24th da|r of iiutef in tb^ 

84. apud Guildhall dvit* London ousedam Gur 
assembiatioQ* civiiun et lihieror* hotilin* cfvit^ 
London (community vocat* a Comm&ii HaUijpef 
Jobaanem Moore, Mil*, adtunc et adbile lla- 
jorem civit' Lgndon, summoiiit* et «oiivdcnt* 
coram eodem J. Moore Mils M^^ore mii' 
pnedS le^ntimo modo tetit* fyit tarn dHi ddiitf 
election' Vic' civit' pro execution' Oflic* Yic' 
civit' prsd' pro uno adnointepv jirox* sofneB^ 
post vigil' festi sancti MichacJu Areh' aOtima et 
adhuc prox* futur*, qnam proi^e^stion' divcafaor* 
al' officiar* civit' pned'.iqtlodq; adtanc etihideiift 
in Cur* prsd* incept' fuit ntunetara capita (An- 
glice to take the F4UI) de electorib' tilnd eft 
3>idem prcesentib' pro manifestatione deoliMiis 
personar' deservitur' in oflic' Vic' civit^ pfiad' 

Sro anno suprad', quodq; pned' J. Moore Mils 
la^or eivit' pripdict',- postea eddem 84 di^ 
JunUanno r^gni dicti Dom' Regis nunc S4 «a-> 
prad' apod Guildhall eivit' London* prfed^ m 
paroch' sancti Michaelis BaasUbaw Laiidon 
pned' legitimo modo fecit et fieri caosatitpro- 
cbmaiion' pro adjom' Cm" ftwd* me ot prMor- 
tar* tent' et adtunc et ibid' pr»d' J. Moore MilS 
Mi^or civit' pned', cur' pned' legitimo naodo 
usque diem Martis tuqc prdlx' fiittn*', aiyomant 
apud Guildhall civit* London praed' tenend'^ et 
adtiwc et ibidem post atyomment^ prsd', aicut 
prKfertur' fact' prsd*, «F. Mooje Mil', M^or 
civit' London piied' fecit et ften cawsavic ]pro- 
chunatioa' jpuolicam pro deoeaiion' omnioni 
personar' ibidem ex oocaaione prad'asateiUat** 
£t ttkerhis idem Attorn' dipt! Domibi Rteia 
nunc ^eral' pro eodett Domiibo Rm at 
Cur' hic inteKigi et intdmuiri, qoMiA Thoaia* 
PiUungton nnper de London Ar' et StDMiel 
l^hute nuper de London Ar* (tiAio Vic' iSlvit* 
London' prttd*V, el Henr* €<mtb nvati de 
London Ar*, Ford Donuniis Grey de iVaikea 
Thonuis Gold nuper de Lokidon lb', Johaiinee 
Shorter nuper de London MH', TMwb Player 
nnper de London Mil* WiMiehnna OnbtoB 
nuper de London Mil*, SKnesby Bethel ntip^ de 
London Ar*, Nelthlope n«|^ de ban - 

don Ar', Johannes Aylifio nnper de LomUns 
Ar*, Johannes EUis naner de LSndnn Ar*, Fian- 
ciscus Jenks nnper de London linMar*,^ Rober* 
tus Barker nuper de London Gen*, Jobnance 
Beagle nnper de Londoir Pannar*, Ricbaidae 
Freeman nnper de I^mdon Catfearins,' Bcswa» 
min Smith nuper de Londtn G^', Richardus 
Goodenough nuper de Loodoii Gnn*,' R. Kay 
nuper de London Merealor, Lney KnigMUgr 
nuper de London Gen*, . Jobannea WMkbam 
nuper de London- Gen', Sanniel Swynft^k neper 
de London Mercator, Joabna Brma Bmpdf de 
London GenS Jo* Jekyfl* nnper de Lonriott 
Gen*, Donnan Newmaii nnper dp JLondon 
G«n*, t. Rnwbnaon nuperda Lqwton Gen*, T. 
. CerpenlflrMVerdaLQiMhMt'OeiifyT.Gbailalaia 



m] 



m:hTltVmAM,9ie^knmlll€%s,M.mii4hf^f»MRM. [t4« 



dyiM-M Qflb^city qfLpoOmi, ^pfm^oooil 
ftrmrpWi^y t^? citiza^ anA ivetmeii of the 

4RPiiiMype4 w4 c^llffi hy «it ^. Howe, Imgbt, 

Iba and y^ VM^W «f tli^ cil^ of io«i4p«» w^ 



in « lawful maiiQar hM Move the said nr Joba* 
Moor^, knight, mayor of the city aforesaid, a* 
veUibr the due election of shenffs of the^ty 
aforesaid, for the execution of the office of she-. 
jiflToftbe said city for one whete year/noKl 
fodoving after the Yigil of thefeaat of 8l.Michael 



Wfn de London GeaS Johannes ^^U jun. 
napo- de |xmdo^ Gc^S ¥^< Alsep iiqper de 
LoQiloB GenS M. Bl^cito^ Q^HP>^ <^ Mkndoo 
(kn% Can . Batiynan nuper de Lon^^n QenS 
JdwBM Tr«nchard nuper de London Ar^, 
Sn* MiPer auper de London GenS J.?rvaa By- 
M nnQer de London Qea'; W. Peachy nuper 
k Londc^ G?i\S et ^^ardus F^rring^^n 
ifjper de Lepit^n Ar^i pniunis^' Wd' satia 
^nnS sol exirten^ wsr^on' male dttppaitS et , 
wcbhiyi* et u&teniki^i' pacem dict^ Domini 
Regis nunc et comnmnem tranquiHitaV hi^us 
n« Awl' uiquielare) moles|aio» et pei:t9rb«re» 
^pnr^T. PiQangton et & Shu^ sob colore 
ifiqi ¥1^ crrit' V»d(»i pisedS et pried^ H. Cor* 
aik. Ford D^mifma Giey, T. Gold Mils J. 
S|orier ^^^ &^ poej^ e^ pgsta4iomament< 

dS sat dii^ 94 4\e iuaji anno vegn^ dicti 
ini Hegia nunc 34 supradS apnd pa^roch^ 
t«|c4 MJcbarifn B. London pnedS «) Guildh^U 
ped* ibidein n et annis^ &c. riotow, soutoc^ 
ilficile, et flis^tios^ 49se cum ylur* al* person*. 
iHaje difpwiit'i eti P?cis dicU I>omini Be^^ 
^KICtii^i^aM^S rt num^ g^fle persons**. 
,4iij^« dM^JPQlBhii B|9gif^i^oc genecalS 
iMpqgnit* ^fliemblayer*, congr^gaver^ et 
ni4j^^yet'.9d pap^ dicti Domini Regis nunc 
yfi;^dhji|»4.«.; et sipaa^embMS oon(pegmt«^ et 
ysdyini* eiostenS adtunc et ibidem ¥l et annis, 
«p. Tiprtqee, voifliHWi, el ilHcite, io. et sj^per pred' 
J. Hoore. l|ilS Bi^i9r' c^ivit' pned' ia pace Dei 
ei^acti Dfun' Regiftadtunpetibid* exiatenS hi- 
a^ «^aQrai|i|n C^^, etipaiini Johapnem Moore 
Jffi^ MtnaQ ei.ibifl' TerbenorerS Yulneraver^, et 
n|letnM^^f^>. ita q^uod de vita ejua ma;xim^ 
fejperililftlur: etpostaii^n^ament'pra^f,etpror 
jIunAt^* FiraodS ajc ^t lype^fertar per prafat? 
4.1ipe9e ifibl* M^r' civit' prasd* $M!tf, ip^i 
nff T« Pilkington et San^uel Sbut^, adtunc 
<i Mto» c^tof ^ officii 8|M Yic« dYit^ Lon^kin' 
udl, ^ ara4' Hispr' Cornish, Ford QM>ininu#. 
^, t.Q^JUiilLS J. Shorter Mils ^^ cnm 
fan^ al* fMenw^nf ^dem Attorn* dictjk Doyiini 
fiaB%B||D^ flepaeral* adhuc incognitS pnefiu* 
t/R efcS. SMe ilhcite et seditiqse %ia9lia9< «|t, 




PiAkipgton» & Shute, H. Coraiih^ Fo«d Domi* 
nils Grev, T. GoM Mils J. Shorter MUS et al< 
tunc et ftiftdem pned* • illicite et male dispoait^ 
persons tic ut pra^iertur asseaohiat* «t congre*' 
g^t* vi et annis, &c. riotose, routoae^ illicite el. 
seditioae, per spatium trium horar* ad pacem 
dicti Qommi Hegis nnai; perturbaad^, etriol^ 
pr^* committeud* excitaver*, moveaS pnnaia- 
▼erS procnraFer^, e^sdtunc ^t Uadem^ per lolotti 
tempos pvodidwiK in paroeh' et varda pae* 
dicta GuildhaU London prvdS magnos rumovet 
damores, vooilevatioBea tor ribil os , et inselito^ 
atridpresy vi et wm^ &c. riojboseV fqmIousq^ el 
illicitae tuuBidjtooae, et aeditiose leoer*, et fieci 
oftivwver* ^ ex«iMvrer^» in ooi^mpt* diai Dn^ 
mim Regfianune, leffumq; auairS paciaqne sn* 
pertiirbo^nS ^ violation* manifesl«, ad magn^ 
pericul* indtiwd* etmovend* tumult*, eteiuaion^ 
quamplurimmn sanguinis iidem, ad magn* 
torror*, in(|aietod*» et tin>or* omn* ligeoK* subdit' 
dictji ]>oauni Hem» in makiip axemplnm omn* 
al* in tab ca^n diSiuquen*, et contm pacem dicti 
Domini Regis nunc, coron* et dignitat* mufm^ 
Sifi. Undo idem Attorn^ dicti Domini H^a 
nunc general* pro eodem Doooino Begi pet* ad-^ 
TJsfunent* Cvr* hie in jpfseHUss* et debii* legUL 

ress* versoB pnefat* T. PiUungton, $• Shutoi 
Cornish, Ford Dominum Gt»y» % QM, 
Mil*, J. Shorter Mil*, <Sce. in hac ^j$e fieni a4 
respondend* dictoDom* Bf^de et m pratoMSsS, 
(kc. per quod imeoept* fuit Via* civit* London 
prad*, quod venire iao* eoa ad responds 6cc4 
l^tmodo,8cil^, die Meivur* fros.^ jioattreasepR 
timan* sanctve Trin*, coram Dona* Bisge apudi 
WestmS ven* prted* T. Pilldngton, Sk Sinte, eH 
Richfirdua Goodenough, per Benedict* Brow* 
AjktcMmaiMm auuisy ethabito audita informalioni**^ 
prosd*, sQpamtim dicunt, quod ipsi non sunt iadai 
cuip*, et de hoc pon* se sepuratim super patriam': 
Btpr^d* B. ^w}iier Mil*, Attorn* Dem' Begpn 
none generals ^ P^ eodem l>omino R^jfemi 
h^ partly sequitur simiht', 5ic. £t super bo***' 
idem Atlom* dicti Dom' B^;h( wine Ciei^ral*^. 
pro eodem Dominp B^ dicit, et Cur* hie o»-, 
teuditk qned TiMcaaaPi&ngtonetS. ShutoA^ 




il^dc^'coqtintiayer* adcsp^tanipnenmdf 
tahs, thfi Foil) de person* sicad tmic 
it ihi/tfwa iVr"V* a^seinhlatS tapqusm et q^a6i 
tpdem pOTwm* li^te a^sei^iVlat* fiussent pro 
Actione ric' ci?it* ^aod* : !^t quod prs4* T. 
tl&(«ShiiEte, H. Cornish, Ford Doiiuuus Grc^ 
t. Gobi Mil*^ J. Shorter Mil*, 6cc. time et ibir 
4pa iUkate, tumultuoaet c^seditioaa, atSim^fer*, 
Ct qoili^brt eor* affirmayit, dixit, et alt^ voce 
Boed* male diapcysit* p^raonij^ aflSiynaritt quod 

Sd^ Johanna Moore, MilS Major civit* Lon- 
; pneds illicite et i^juste assumpsisset super 
« liMal* adi adjornaiid* Cur*, mm sibiprced* 
4.' Mom iMMi pcftmfitali,; %wn|)im pjEveifb *£. 



vl et. armis, &c. riotqi^, r^^itose et dup defend* superius nonvi&atS, V-ioeeom' cinl^ 



London pr^d* ad pneseos Q(iati^lt^ tamen ips* 
idem Attoum* dicti Domini Begis nunc Genew 
pvo eodem Domino Regt pet^ brei^ft DaminL 
lUgps pis^t* Vie* LondoD dirigendS de venite 
^* coram Domino Rege dutNlecim^ 8tc. ad 
triand* exit^ pcaiiat* int* dictum. Domimmii 
'Aegean ett partes pned*6upenu(siin forma.psied* 
JuDMct* : Bt.quia pned* defend' hoonondedicS. 
idoo preicept^ eat preaiat* Vic* civit* London^ 
quod yenire fac' coram Dom^ Be^, a die sanetit 
Michaeli^ in tres septiman* ubicuiMpie, Sec* 
duod«)cim, &c. per qoos, &c. et qni^ 6iCi adi 
recQgn* &lc. quia tam» (xc. idem die&dat* estc 
tarn pc#ftt* B. Saniytt Mil*<i qui swyittm y (Sow 



J I 



tiS] STATE TRIALS, 55 Chasles H. iMS— THii/ 6/ Thmgi PUkingtan [j»?4 



tben and yet neict coming, as fortbe election 
«f divers other officers of the said city ; and 
dien and there id the said court it was beg-un to 
take the poll of the eleccoi^ then and there pre- 
sent, for the making known of the election of 
the persons to serve in the office of sheriffs of 
the said city, for the year aforesaid. And that 
the said sir John Moore, knight, mayor of the 
sai^ city, afterwards the said 241 h day of June, 
in the 24th year aforesaid, at Guild-hall of the 
said city of London,, (to wit) in the parish of St. 
Michael Basstshaw, ].<ottdon, in a lawful 
manner did make and cause to be made procla- 
mation for the adjourning of the said cou|t so as 
fdbresaid held, and then and there did adjourn 
the said court until Tuekiday then next following 
to be held at the Guild-hall of the ssid city of 
London ; and then and there after the said ad- 

' — 1 

qaam prad' T. P. S. S. et R. G' &c. Ad quas 
quid' tres septiman* sancti MichaeHs coram 
dicto DominaRege ven' tam prsed' R. Sawyer 
Mils qui sequitur, &c. quam prsed' T. P. 8. S. 
et R. G. per Attorn* $uu* preed' : Et Vic< civit' 
London non miser' inde breve, ideosicut al' ven' 
inde Jur' coram dicto Dom* Rege in octab^ 
sancti Hflar* ubicunque, &c. per quos, &c. et 

3ai' &c. ad recoff', &c. q^ia tam &c. idem dies 
9t^ est tam praefat' R. lawyer Mil^ qui scqui- 
tar, &c. quam prsed' T. P. H. S. et R. G. 6cc, 
ad quas quidem Octab* sancti Hilar' coram 
^Hcto Domino Rege apud Westm' ven' tam 
praefat' R. S. Mil', qui sequitur, &c. quam 
prssd' T. P. S. S. et R. G. per Attorn' suum 
prsd', etFord Dominus Grey, H. Cornish, T. 
Gold Mil', J. Shorter Mil','T. Pktyer Mils 
&rc. per prsfatf B. B. Attorn' sou* similiter 
¥en', et habito auditu information' prsd' se- 
paratim dicunt, quod ipsi non sunt inde culp' et 
lie hoc similiter separatim pon' se super patnam. 
JEt prard' R. Sawyer Biil', Attorn' Domini Regis 
nunc General', qui pro eodem Dommo R^e 
in hac parte sequitur, similiter, &c. id^, 
sicot al' ven' inde jur* coram dicto Domino 
Hege in octab' Pur* beats; Mariie Virginis, 
ubicunque, Sec. per qiios, &c. et qui nee, 
te. ad recogn', &c. qui tam'. Sec, idem 
dies dat' est tam preefaf R. Sawyer Mil', qui 
seqoitnr, Sec, quam nrted' T. P. S. S. R. G. 
JE'ord Domino Urey, Sec: ad quos quidem octab' 
Pur* beate Mariee Virginis, coram Domino 
Bcge apud Westm', ven' tam prefat' R. Saw- 
yer, Mil', qui sequitur. Sec. quam pr«d' T. P. 
S. S. R.G, Ford Dominus Grey, H. C. T. G. 
Mil', Sec* per Attorn' siium prssd' : £t Vic' 
civit' London prsed* retom' nomina duodecim' 
jar*, quor* nul*, Sec. ideo preecept' est Vic' 
pned', quod' discing' eos per omnes ter*, Sec. et 
quod de exit', &c. et quod habeant corpora 
eor' coram dicto Domino Rege a die Pisflcb' in 
qwindecim septiman', ubicunque, Sec. vel coram 
dilect' et fidel' Domini Reg^ Edwardo Saun- 
ders Mil', Capital' Justic' Domini Re^ ad 
placitaooram ipso Regetenend' assigns si prius 
die Blartis prox' post mensem Paschs, apud 
Gttiidhall civit' London, perfdrmam statut',&c. 
Tea' pro deteu jur*, &c. idep Y\fi^ babeaot cor- 



joumment, so as aforesaid made, the said sh- 
John Moore, knight, mayor of the said city of 
London, did make and cause to be made public 
proclamation for the departure of all persons 
upon the said occasion there assemUcd: and 
ftirther tbesaid attorney fi;eneral d^h give the 
court to understand and be informed^ That 
Thomas Pilkington, late of London, esq. and 
Hamnel Shute, late ofLondon, esq. then she- 
rifis of the said city of London, and Heory 
Cornish, late of l^ondon, esq. Ford lord Grey 
of Werk, See, the said premises sufficiently 
knowing, but being ill disposed jierson-;, and de- 
vising and inten£ng to disquiet, molest and 
trouUe the peace of our said lord the king'^ 
and the common tranquillity of this kingdom 
of England, they the said Thomas Pilkington 
and Samuel Shute, under colour of the office of 

pora. Sec. ad recogn' in formapriBd', Sec, Idem. 
dies dat' est tam pneftkt' R. »iwyer Mil', qot» 
&c. quam prsed' T. P. S. S. R. G. FOrd 
Domino Gi-ey, H. O. T. G. MU', Sec, ad 
quas 'quidem quinque septiman* Paschie, isto 
eodem tcrmino, cor' Domino Bjege apod 
Westm', ven' tam' prafiit* R. S. M'd', qiu 
sequitur, &c. quam praed' T. P. S. S. R. G. 
Ford Dominus Grey, H. C. Sec. per Attorn* 
suum praed', et pnefat' Capital' Justic', 
coram quo, See. mis' hie record* suum corani 
eo habits in haec verba, Postea, die et loco infra 
content', coram infra nominal' Edwardo Saun- 
dei<8 Mil', Capital' Justic' dicti Domini Regis 
infra scripf, associat' sibi Edwardo Watts Gen*, 
per foniiam statut', &c. ven' tam infra nominat* 
K. Sawver Mil', Attorn' Domini Regis mine 
Generaf', qui' sequitur, Soc. quam pned' T. P. 
S.S.R. G. Ford Dominus Grey, U. C. &c. 
per Attorn' suum infra script' : Etjur* jurats 
unde infra fit mentio exact' ven' et in jnr' ill« 
jurat' existunt, et super hoc publica proclama- 
tiopro Domino Rege fact', prout mos esi, qood 
si aliquis sit, qui prcfat' Capital' Justic', aut 
Servien' dicti Domini Rcfna ad legem ; aut 
Attornatum ilicti Domini Re^ Generalis^aiit 
jur' prssd', de infra content' inlbrmare vellety 
veniret, et audiret ; et super hoc Geoigius JeT- 
fereys Mil' et Bar', ex parte dicti Dom' Reg* ad 
hoc fac* se obtulit, super quo process' est per car* 
hie ad caption' jur' praed' pro jur* nrsed' modo 
compareil', qui ad veritat' de infra oontent', 
elect', triat', et jurat' super sacramentiim pned* 
dicimt, quod oned'T. Gold Mil', J. Brooks, W. 
Miller, T. Charlton, D. Newman, J. Jekyll 
junS B. Alsop, M. Meriton, J. Trenchard, et J. 
Byfield, non sunt culp', nee eor* aliquis cidp^ 
estde premiss' in informatione in recordo pned* 
mentionaf , prout interius plaettando aUegaver*: 
et ulteritts jur' prsd' super sacramentum suum 
pned' dicunt, quod pnrd' T.Pilkinglon, 8. Shute, 
Ford Dominus Grey, T. Player Mil' S. Betbett 
Arms FJenks, J.Deade, R.Freeman, R.Good- 
enoufi^h, R. Kay, J. Widcham, S. Swynock, et 
S. Jekyll sen', sunt cuTp', et qnilibet eor* est 
culp' de premiss' in intormatione infVa'scrij|it' 
mentionat', prout per raformation' pned* intenua 
versus eo0 suppoaitur, ideo, See," 



es] STATBf TRIALS, 35 Oharlb« Ih 1 66$.'^ndMeri,fi4' m 



[%26 



therifh of the said citv.of {london, and the said 
Hcoffj Coraiab, Pord lord 13rey, ta^d others 
afterwards, and after the adjournment aforesaid 
(to wit) thesind24thday of June,in the 34th 
year aforesaid, at the parish of St. Michael 
Baasiahaw, London, aforesaid, in the said Guild- 
hall, there with force and arms, riotously, rout- 
aody, unlawfully, and seditionslv, did assemble, 
congregate, and unite themselves with very 
many other ill-disposed persons, and breakers 
«f the peace oT our said lord, the king, to the 
nomber of 1,CM |)ersons, to the said attorney 
ffeneral of our said lord the king as yet un- 
KBOwn, to disturb the peace of our said lord the 
king ; and being so assembled, congregated, 
and united, (hen and there with force and aims, 
Sec. riotously, routously, and unlawfully, in 
and upon the said sir John Moore, knight, mayor 
«f the city aforesaid, in the peace or God, and 
•or said lord the kine, then and there beingp, 
did nudEe an assault ana affray, and him thie said 
nr John Moore, knight, then and there did 
beat, wound, and evil-mtreat, so that of his life 
it was gretttfy despaired ; and afler the adjouni- 
meat aforesiiid, and proclalnation so sis afore- 
said made by the said sir John Moore, knight, 
niATor of the said city, they the said Thomas 
Firiungton and Samuel l^ute, then and there 
by colour of their office of sheriffs of the said 
City of London, and the said Henry Cornish, 
Ford knrd Grey, &c. with divers other persons 
lo the said attorney-general of our said lot d the 
Idns^asyet unknown, unlawfally and sediti> 
OBsiy aiding and assisting the said Thomas 1^1- 
kinijgton and Samuel Sbute with force and arms, 
dee. rioioosly, routously, and un1awfiilh% did 
there continue to take the poll of the ])ersons 
so then and there unlawfully assembled, as if Ihu 
said persons had been lawfully assen^blcd for 
the election of sheriffs of the said city ; and that 
the said Thomas Rlkington, Samuel Shute, 
HeiUT Cornish, &c. then and there unlawfully, 
tnmultvoiislv, and seditiously, did affirm, and 
erery one of them did affirm, say and with a 
kmd voice to the said ill-disposed persons a Hi mi, 
fhat the said sir John Moore, knight, mayor 
of the said city of London, did unlawfully and 
umostly assume upon himsdf the liberty to 
a^oum the said coort,'which did not belong to 
bim : and that the said ThomtTs Pilkin^on, 
Hamnel Shute, Henry Cornish, <&c. then and 
ihoe, the said unlawful and ill-disposed persons 
so as aforesaid, assembled and 6oii<;regated 
with force and arms, riotously, routoiisl^r, un- 
hwfollyy and seditiously, by the space of three 
hDors to disturb the peace of our said lord the 
long, and to commit the riot aforesaid, did stir 
ap, move, persuade, procure, and then and there 
by the whole time aforesaid, in Guild-hall, 
London, aforesaid, in the parish aforesaid, 
grest nunoors, cries, hoUowin^s, and terrible 
asd unwonted noises, with force and arms, Sec. 
' lioloasly, routously, unlawfully, tuniultuously 
I sad sexutiously, did make and cause to be 
aade, and did stir up, in contempt of our said 
I lord the king, and the manifest disturbance and 
; ii(4alion orhis laws, and his peace, to the great 
yoL. IX. 



danger of stirriog up and moving of a tumult, 
and the spilling of much bfood there, to tha 
great terror, trouble, and fear of all his ma- 
jesty's liege -people, subjects of our said lord the 
King, < to the ill example of all others in the 
like case oflTending ; and against the peace of 
our ^id lord the king, his crown and dignity, 
&c. Whereupon the said atlomey-general of 
our said lord thekinff, for our said lord the king, 
pray eth the advice or the conrt in the premises, 
and due process of law against the said Tho- 
mas Pilkmgton, Samuel 8hute, Henry Corni&h, 
Ford lord Grey, Sec. in this behalf to be made 
to answer our said lord the king, of and in the 
premises, Sec. 

[To this Information the defendants had 
pleaded Not Guilty.] 

Cryer. You good men of Nisi-Prios, sum- 
moned to appear here this day, between our 
sovereign lord the king, add Thomas Pilkin^- 
lon, and others, defeildants f answer to your 
names^ and save your issues.^ 

The Jury appeared. 

Mr. Sommcn. My lord, I anl to challenge th> 
array. 

31 r. Thompson, My lord, I desire this chal- 
lenge may be read. 

The Challenge read in French. 

Z. C. / (Sir Edroond Saunders*). Gentle- 
men, 1 am sorry yon should have so bad an 
opinion of me, as to be ^o little a lawyer not to 
know this is but a triQe, and nothing in it. 
Pray, gentlemen, do not put these things ui^oii 
me. 

* A very curious account of this Chief Jus- 
tice Saunders is given by Roger North in his 
life of his relation. Lord ICeeper North. It ap- 
pears that Saunders at tirst was no better tlum 
a poor beggar boy, if not a parish found liug, 
without known parents or relations. We hear 
of him early in fife contrinng to subsist in Clc- 
mcnt*8-inn by obsequiousness, arul courting the 
attorney's clerks for scraps. His extraordi- 
nary attention, diligence, and what Roger 
North cnU.4 observance, disposed the members 
of the Inn to countenance him. As he appear- 
ed very ambitious to learn to write, one of the 
uttomtcs frot a board knocked up at a window 
on the top of a staircase, and that wa$ his desk 
where he sat, and -wrote after'copies of court 
and other hands which the clerks gave him. 
He thus made some pence by hackney- 
writing. In this occupation by degrees he 
acquired a conversancy with forms, which 
branch of knowledge he cultivated and so far 
improved himself in it, by the study of books 
which he borrowed, as to be, in North's phrase, 
an exquisite entering clerk. By perseverance 
he became in a few years an able attorney, and 
then an eminent counsel, first in special plead- 
ing and afterwards in general business ; so that 
while h^ was at the bar his practice in the Court 
of King's-bench was not exceeded by that of 
any hamster. His art and cunning were 



I 



M7] STATE TRIALS, $S CHarxes IL i6S5.— Tnrf of TkmMs 



[21S 



lord. 

X. C. J. You W9uld not have done ibis before 
another nidge : vou would not have done it, if 
sir Matthew Hale bad been here. 

Mr. Thompson. My lord, I bebeve if there 
had been nothing in it, it would not have been 
aigned. 

Mr. Attorney General (sir Robert Sawyer.) 
Very few but Mr. Thompson would urge iL 

Mr. Thompson, I do not know whether you 
think so, or not, Mr. Attorney ; but I have a 
ereat deal to offer, if you please to answer it. 
We offer our Challenge in point of law. 

X. C. J. There is no law in it. 

Mr. Thompson, We desire it may be read in 
English. 

X. C. J. Why ? Do you think I don't un- 
derstand \X ? This is only to tickle the people. 

The Challenge read by the Clerk ac- 
cordingly. 

Serj. Jefferies. Here's a tale of a tub, indeed ! 

X. C. /. Ay, it is nothing else ; and I 
wonder lawyers would put aucn a thmg upon 
me. 

Mr. Thompson, My tord, we desire this 
Challenge may be allowed. 

' X. C. X No, indeed, won't I, there is no 

equal to his knowledge ; and his success in the 
causes in which he waset^^aged was frequently 
effected by snares and other tricks of his con- 
trivance. The detection and even the exposure 
of his oractices, however base and however dis- 

Sraoenil they might have been, seem never to 
ave distreitfed or disconcerted him. Upon 
such occasions he had recourse to some jest, 
with which sort of evaibion he was very ready, 
and as it appears very successful. In the pro- 
ceedings upon the Quo Warranto against the 
citj^ of London, he was much employed for the 
crown. Of his personal appearance the hea- 
viness and awkwardness is said to have been 
as uuoommon as the promptitune and vivacity 
of his intellect. His oody is represented as a 
lump of morbid disgusting and oftensive matter, 
fuid the same brutish insensibility of shame 
which disposed him to consider his base viola- 
tions of the lowest honesty as matter of mirth, 
enabled him to indulge in gross and odious ef- 
fusions of coarse and vnl^ jocularity upon 
the most loathsome concomitants of his diseases. 
He was the author of a book of Reports, which 
are composed in an admirable simplicity of con- 
struction, and exhibited with a lively interesting 
dramatic air, and in a style of exquisite terse- 



Mr. TJumpson. 1 desire it may be read, my j colour for H ; and I am apt to think, tfierc ar» 

not many lawyers in England would bav* 
put such a thing upon me : because I am 
willing to hear any thing, and where there it 
any colour of law, i am not willing to do amiss t 
Therefore you think 1 am now become ao 
very weak, you may put any thing upon me ; 
without you think I was always so, and there- 
fore may be so at this time. For, pray now 
consider, if so be the king's counsel should 
come and plewl this Challenge, what would b« 
the consequence of it P I thought you would 
have said, that the sheriff had been a-kin to 
the king, but you have made it worse. Yon 
do come with a long tale here of the whole 
merits Of the cause, and more than Vet doth 
appear ; and by this you would have tm chal- 
lenge to be allowed : in such a case a man may 
come and tell a tale of the merits of the cause, 
and then it must be tried by the Challenge. If 
the sheriffs do return an inquest for the kin|c, 
and the sheriffs do hold of the king a fee-farndy 
or have a pension or an annuity from the king*^ 
the book doth say, that in some cases it is s 
Challenge ; for though they cannot be chal • 
lengcd as being favourable for the king, yet 
for those reasons they may be challenged. 
But what is here? Here you tell a lOng pro- 
cess concerning a difference.between the mayor 
and the sheriifs, and all this matter is wrapped 
up all together ; and if all this were true, it m 
no Challenge at all. 

Mr. Thompson. We shall speak witli all sub- 
mission to your judgment, my lord. — Good 
Mr. Attorney, give me leave. 

'Att, Gen, I move for yon. 

Mr. Thompson, If you please, you may 
move for yourself; T don't need you to move 
for me. My lord, with submission, the infor- 
mation is not good: My lord, it is an in- 
formation that doth set forth, tliat my k>rd 
mayor had right of adjourning the poll, when 
an election is to be for sheritls. My lord, if he 
had not that right, it can be no riot according 
to this information. My lord, upon his ad- 
iouming, Mr. Sheriff North was cliosen : My 
lord, if tliat adjournment was not according to 
law, Mr. Sheriff North never was sheriff of 
London ; then, my lord, here is the case in this 
question of title; for Mr. North doth come in 
question. Whether he be a legal sheriff of 
London? • _ . 

X. C. X Prove to me now that of sheriff 
I North; pray what annuity, pension, or fee- 
; farm hatn he as sheriff of London, whereby he 
is concerned? 

Mr. Thompson, My lord, there are other rea- 



ness and precision. Lord Mansfield denomi- 
nated him the Terence of Reporters. It must sons which \ shall sfiew to you ; and the first 
not be omitted, that the learned seneant Wil- , reason, my lord, in this case, is this ; it wOl 
liams has by bis notes rendered the ust etlition ! appear the election of Mr. North is interested 
of Saunders's Reports a profound, perspicuous, ! in this matter ; and sir John Moore had not an 
ample, and most instructive and satisfactory opportunity to adjourn the poll, Mr. North was 
digest 6f the law, respcctiojnr the important not chosen duly sheriff; now, if thesheriff^s 
topics, which were agitateil in the causes re- choice come in question in point of right, it is e 
ported by his anthor. Since this note was good Challenge. 

prepared, the profession has been deprived by ; X. C. X In point of profit it might be tao, 
daath of the learned Serjeant. and not in all cases neither ; for he Uiat holds 



S99J STATE TRIALS, 35 Charlss II. l683.— Mif aiker§^Jvr « Riot. [2dO 

you sa; nothing, that the Venire should not go 
to North. ^ 

Mr. Thompson. No, my lord, I pray, good 
my lord 

L. C. J. Should it have gone to Dudley 
North, and then hare been cliAllenged for him f 

Mr. IhfmptOH, No, I beseech your lordship 
we do not say so. My lord, we say. That 
whereas they do charge in the information, 
that there was an assembly for the election of 
sherifis and that sir John Moore beinff then 
mayor, did lawfully, according to law, aqjoom 
this assembly ; and that aiWwards the de- 
fendants, PiJldngton and Shute, did continue 
this assembly, and took a poll, and so they 
would make this a riot in the continuance of it . 
My k>rd, we de say this. That the election of 
Mr. North upon this, point doth come in <{ues- 
tion ; and my lord, we do say, That if that be 
not a legal adjournment, then Mr. North is not 
legally chosen. 

L, C. J. Right, BOW yon have told it in 
more words. 

Mr. 'rhomp$on. We say. If the election b« 
interested, they are all partiies by law. 

Se^. Jeff", Who would you have the process 
go to ? — Mr. Thompton. To the coroner. 

X. C. J. Very well, upon my word. If he 
weresheriif, it cannot go to the coroner, vou 
know, and therefore if he were challenged, to 
go to the coroner—-— 

Mr. Thon^ton. * Sub judice lis est,' my lord. 

Serj. Jeff", We desire for the king, that the 
challenge may be over-ruled. 

L. C. J, Ay, ajr. 

Seij. Jeff, I desire the jury may be sworn. 

Mr. mllianu. Certainly if tliey be impa^ 
nelled by persons that are not sheriflb, that is^ a 



m tapUc of the king, cannot be chal- 
lowed for all that 

flDr, ThoK^MBon, I think, my lord, this is a 
commoa case in our books. That if in case a 
sfaerifTbecxmcemed m point of title, this is a 
princiiial challenge, because that he is^ inte- 
rested in that titfe, he is no person by law to 
retom a Jnry . I do not doubt but your lord- 
ship will do that which is right, and according 
to nw. My hnrd, I say, where a sheriff is in- 
terested in pMoint of title, he is no person by law 
to retotn a juir, and this question will appear 
pfaunly upon this information \ for if in case 
Diis was not a lawful adiouinment by sir John 
Moore, this is not a lawiul return Gentle- 
men, my lord I know will hear me, if you 
l^ve but patience ; I always speak and stand 
m for my clients as 1 ought to do. If you 
Dlense to let me have liberty, t have my ferd's. 
If a sheriff be concemed in point of title, it is 
a ptincipal challenge, and the sheriff ought not 
to return the jury, but the coroner : And, my 
lor^y much morem this case ; for that the very 
title to the office of sheriff is here in question, 
and therefore he is no person fit to return this 
jviy, my lord. We desire your lordship's 
^pinion. 

X. C J. Mr. Thompson, mefhmks you have 
fiMmd out an invention, that the king should 
never have power to try it even so lon^ as the 
irarld stands. I%iy you, sheriff North is not a 
i^ht shoiff, who should have been? Why, 
say jou, Dubcns and Papillon, or one, or both 
of ^esn. Nov the king he hath brought his 
wiatfoft a riot. 

Sen. Jd^ And an assault and battery upon 
mtimok Moore. 

Mr. Tkommnn. That is a fiction. 

L, C. J. The king hath brought his suit, 
and brongfat it to an issue. Why now, if so 
be this e&allenge should have any thing in it, 
then the king must have challenged North, 
and what must he have done then r Why, for 
Fspilkm and Dubois,^ they are not sheriflb 
n cKT/v, dien, say you, the coroner. Pray, 
Mr. Thompson, if so be the king had made the 
Veniie either to PapiQon or Dubois, or to the 
coroner : Whedier or no had not the cause 
been found against the king, before one word 
had been saio actually for him ? You say the 
enestion is. Whether be be a sheriff or not ? 
n the kinff had challen&^ed him, and made the < 
Voure to uie coroner, mr God's sake, had not 
that made an end of the question ? 

Mr. Thim^um, No, my lord, not at all. 

i. C. J. Now ? Then I understand no- 



tbi^. 



r- Thampton. My lord, if the sheriff ap- 
pear to be ooncemed, it doth not determine toe 



1. C, J. But it does by yourown opening 
w. Yon say the question is, for which you 
4» now challenge the array, because it is re- 
tnraed by • sirDndley North, supposed to be 
Mieof the shcrifb, and tell the whole process, 
kov that in taith it is a question whether he 
itasfaeriff ornot; and thtrefore, say you, or 



good challenge, that is admitted by every 
body ; now we have made a challen^, and that 
is a good cause of challenge certainly, if that 
were the cause. But now, my lord, I must 
confess what your lordship says, it is a difficult 
tnatter to challenge any array, because they 
are arrayed by a person that hath an interest, 
or some such thing that is a challenge of the 
array, but that is not the matter in this caa^ 
It cannot be denied, if these persons were not 
sheriffs of London, that that 18 a good cause. 
I take the result of the challen^ to be this : 
Say we, the principal question of this informa- 
tion, the riot, will depend ' upon this questiosr, 
whether there were a regular adjournment, or 
uotP There,, say we, b^ins the question of 
the riot. If so be that my lord mayor of 
London that was, bad power to adjourn the 
court, and it be admitted a regular adjournment, 
certainly the riot would follow, and what fol- 
lows then ? Tlien comes on a question, and it 
is immediately consequent upon it, that these 
genttemen be actual sheriffs of London, they 
being actually chosen upon this adjournment, 
thejr are actually sheriffs ; But if reall v , my 
lom mayor had no power to adjourn, and that 
power was in the sheriffs, that they were ac- 
tually taking the poll, and the poll was for Mr. 
Dubois and Mr. Papillon: HhsA the question 



43 1] STATE TRIALS, 35 Charles II. i683.— THa/ cf Thom$ Pilkmgt^ itt$^ 



if, if so be the adjournmeDt by my lord mayor 
were not a goo> adioumment, then the iioU 
wa»a regular poll taken by the sheriffs, then 
Gonseqiieutiy those that were elected upon that 
were truly chosen, and then it is a right chal- 
lenge. These gentlemen, I must confess, 
they are sh€ri6s dc facto i hut we know very 
well there may be soeriffs de facto^ and there 
may b6 other sheriffs dejure, these things are 
very consistent. If so be that Mr. PapiUon 
anrf Dubois be duly elected, they are sheriffs 
de Jure, but they want the formality, for they 
are not sworn, and cannot return a jury. On 
the other side, the sheriffs are sheriffs de facto, 
but not legally chosen, and the riot will depend 
upon that question, of the other persons that 
are sheriff's de facto and not de jure. This we 
sasrgest in this, whether your lordship will re- 
ceive this challenge, or whether your lordship 
will proceed first to the trial of the cause, and 
let this follow. My lord, might not there have 
been something in this case upon the roll at 
Westmiostef ? Might there not have been a 
surmise to this ]mrpose, because there is such 
a question upon the roll f For it appears, that 
the comnjon hall was for the election of she- 
rilFs, and that it was adjourned by the mayor ; 
Andwhnt ti'llowcd? Might there not be such 
a surmise, that the Venire facias should not ijo 
to the sheriffs, but to tHe coroniT ? Mignl 
there not have been such a thing ? 

L. ' C J, My speech is but bad : Let me 
knmr w Itat objection is made, and if I can but 
retain it in my raem'?ry, 1 don't question bi|t to 
give you satisfaction. If the king had brought 
ab intbrraation against Mr. Sheriff North, and 
"Charged him with a crime, there is no manner 
of question, that the king should have chal- 
lenged as he was a sherift*, and sent the Venire 
to the coroner, or other ofScer ; here he is not 
accused, nor to be acqutttcfl, of any crime. 
Gentlemen, I put you upon this, if so be that 
the sheriff of London should get a great deal 
of money, (but I never tlnde:*stood, that he got 
by it) ff you prove, that he hath got any coii- 
siderRble matter by the ofiice, it would be some • 
tiling in the case, that he should be greedy of 
the office. Biit look ye, on the other side, if 
there be nothing in if one way or another, that 
there Is profit accniing to him by the office, 
what cau the law say ? But liere was the ques- 
tion betwcwi, indeetl and in trnth as you do 
open it, between the mayor, sir John Moore, I 
think, and the sheriffs that then were, that was 
the question between them. Now what is this 
in point of law, rhat the sheriffs must be chal- 
lenged ? They must be challengted, because it 
is returned by these 'sberifft. ■ You can't say 
the sheriffs do fasrour—theking. 

Solicitor (Jeneral. My h>nl, we trouble 
year lordship about a question very unneces- 
«ary : The sheriff is not concerned in this ques- 
tion, neither can the consequences affect the 
aberiff any way. 

Sir Frc. Winn. Mv lord, if I don't ^ew 
that he is conceited, dotwitlistandlnjQ^ what 
•Mr. Solicitor says, it ia . another matter. If 



this had been noon a common riot, and not 
related to the election of. sheriffs, it wouM 
have been faardef against us. I only offer 
a word' or two, and submit to your lordship. 
This information doth take notice of tbe^ dec- 
tion of sheriflfe, and of an irregularity in dis- 
torbing the late lord mayor about aidioumin^ 
the poll : 1 do believe, my lord, it will not t>e 
denied, but that in this cause a riot or no riot 
will depend upon the poll, or the mayor's ad- 
journing. It that be so, that which your lord- 
ship is pleased to urge, that the sheriff gets no- 
tiling, yet that he hath assumed the office d€ 
facto, appears by the return, that is very plain, 
my lord, he hath assuitied it, and did exercise it. 
R it appear to be legal or illegal upon the aii- 
joummcntby the mayor, then it must have 
one of these two consequences. My lord, I 
humbly conceive, till the sheriffalty had been 
agree«f, it wonld have done very well for BIr, 
Attorney to let this riot alone, unless he woakf 
have made it a common riot *, if be wonld have 
been plea.sed to stay till the law had determined 
who had been the right sheriffs, then process 
would have gone for the king. And, my lord, 
there is another thing under favour : If Mr. 
Attorney had been pleaded to prosecute for the 
king, then surely, my loid, there was away tQ 
lay it so that the process should be returned 
by persons uninterested, and ]not by the she- 
riff whose election is in controversy : I don't 
argue out of the record, but by the record it- 
self. If in case it doth appear still to be imder 
consideration ; if that be so, I do humbly oin- 
ceive, because that right of elpction of sberiffii 
is undetermined, that therefore he might have 
made the process to the coroner, if he would 
have made h before ; but it should not be heard 
befoix' the election of the sheriffs,- because it 
will be a riot, or not a riot upon that. 

L. *C J. Good now, sir Francis, yon mifltake^ 
it could not be to the coroner. 

SoL Gen, My lord, it ?s but wearying yon^ 
lordship to no purpose. 

Mr. Wallop. If he be not a sheriff^ that title 
of his dcpeuding upon my lord mayor's ad- 
journment, which is reasonably set forth, it is 
concerne<I in the consequence of the cause. 

Att, Gen, If you please, my lord, 1 will 
answer what hath been said. Mr. Thompson 
did first urjre according to the rules of law, if 
the matter ibat appears upon the record be the 
thing in question ; that if the sheriff be inter- 
ested in that matter, that that is a good c^use 
of challenge. That is a good rule, and the 
law is so ; but that is nothing to this purpose ; 
niy lord, here upon the reconl there is nothing 
in question but a fine for the king, nothing to 
he recovered : where londs are in question, as 
in an ejectinent, if the sheriff be interested in 
that land, in that case that is a good challenge ; 




nothing to the purpose. Then thgr say it ap- 
pears in the record by recital, and in the infor- 
mation, fbf that is the substance of all they 



tO] STATE TRIALS, .35 Charles II. WM.^Mnd Ukenjor a Riot. [?34 



saj : it dotb appear there, as it is said, that 
the mayor 4liil adjoam the court, and so the 
WKStion of the riot will very much stand upon 
neTalidity of that adjournment. But it dotb 
Dot wholly stand upon that ; for there are 
many omtrag^eous actions, assaults of the 
mayor, throwing-off his hat, great clamours ; 
thrusting and pressing many of the aldermen ; 
nay, fanusing tliem ; so that this riot, not- 
wittistanding the* adjournment, be that as it 
wili, will appear, in the upshot of the cause, to 
be a riot, notwithstanding that question. But 
in the second place, die question of Mr. North's 
bong a sherin, or not a sheriff, no ways de- 
pends upon this adjonrBmeut, no pretence of 
the title depends upon tlxat ; so, my lord, they 
bate sug^gested a thing that is foreign to the 
record ; it depends purely that, upon a custom 
of the dty for my lord mayor to elect, not upon 
the power o^ my lord mayor's adjournment ; 
for alter that they proceeded on with the former 
choice of Mr. I'apiUon and Mr. Dubois ; so 
that whether that adjournment be a good ad- 
joamment, or no good adjournment, nis title 
will depend upon £at, whether at the second 
meeting or no Mr, Papillon and the other gpc- 
tleman be" well chosen, and Mr. North not 
well chosen ; so that his title doth not depend 
upon this question one way or other. But, 
mv lord, that which makes this as frivolous a 
dung as ever was urged in a court of law, my 
k»rd, that it should have been upon rulehefore 
any direction to the sheriff or coroner, if they 
wouKI have had process ; they have sug-gested 
matter of fact wholly out of the record, matters 
have been suo^gested, that it might have been 
tried fiefore it came to direction ; now there 
appears nothing in the record to bring a chal- 
lenge to try the matter ; nay, as they tliem- 
■elves say, it is to try the merits of the whole 
information, that the informadon depends upon 
that question, whether the mayor may ad- 
journ ? It is a great usurpation upon the go- 
TemmoDt of this city, as they have done in 
cdier things to the king. My lord mayor is 
Ac supreme ma^strate here, and the sheriffs 
have nothing to oo in this ])Qint, and therefore I 
pray it may be over- ruled, and that the jury 
may be a worn. 

ifr. Thompson. We would have, my lord, 
the benefit of a bill of exceptions. 

8eij. Jefferies, Swear the jury, swear the jury. 

Mr. Thompstm, I have another challenge. 

L. C. J. 1 tell you plainly, I see nothing in 
it for a' bill of exceptions. 

Mr. Tkompson. We desire we may have the 
knefit of a bill of excqrtions. my lord, if 
this he the case of trying & not, we must take 
vbat advantage we can in point of law. 

Scij. Jefferies. We come to counsel the king, 
asweougnt to do, by law. 

Mr. 'Jniompson. Wfy lord, I challenge, on the 
behalf of my lord Grey, this jury. [Challenge 
retd.] 

Seignior Grey. 

Ait, Gen. They call that a Newgate chal- 



Mr. Wttlfop. That was a challenge taken at 
the Old Bailey. 

Mr. Tfiompson, And over- ruled. 

Serj. Jefferies. And I pray it may be so bare. 

L. 6\ X i think your challenge is, that . 
they are not sheritl's ? 

Mr. Thompson. My lord, is the fact true or 
false ? I desire of these gentlemen, if it be in* 
sufficient in point of law, let them demur. 

Serj. Jefferies. Pray tell me, llobin Hood 
upoa Greendale stood ; and therefore yuu must 
nut demur to it. 

Mr. Thompson. If the chaUenge be not good, 
thei-e must be a defect in it eitlier in point of 
law, or in point of faot. I desire, on the be- 
half of my lord Grey, this challenge may b« 
allowed. 

Serj. Jefferies. And I pray for the king, that 
it may be over-ruled. 

£. C. J. I think you have owned them to be 
sheriffs already. 

Serj. Jefferies. My lord Grey did own it in 
his challenge, because there wei*e no knights.* 

L. C. J. We try a great many Nisi-Prius 
here sometimes, two or three days idter tha 
term, every deleUdant, that thinks it goes hard 
with him, we must have a trial still, whether 
the sheriffa be sheriffs, or no ? This that you 
have done now, may be done in every cause 
that we may be trying. Upon your evidence 

• " February, 1683. The I6th was a trial 
at Guildhall, before the Lord Chief Justice 
Saunders, touching the pretended riot atth# 
election of the present sheriffs of London^ 
against the lord Grey ofWerk, sir Thomas 
Player, Mr. Pilkington, Mr. Shute, and se- 
veral others, the jury being returned by North 
and Rich, the two sheriffs, and a good one it 
was, being in their own cause, a chaUenge waa 
taken to the array, for that no peer" [qu. 
knight] << was returned being m the case of 
a peer of the realm. The challenge, was al- 
lowed and so it was pot off to the next term.'* 
Narcissus Luttrell's *' Brief Historical Rela- 
tion," &c. MS. in All Souls' library. 

See, too, S. C. Skinn. 117. 3 Mod. S62. 
But now by st 94 G. Q, c. 18, s. 4, after a 
recital that great delays did frequently happen 
in trials where a peer or lord of parliament was 
party, by reason of challenges to the arrays of 
pannels, of jurors for want of a knight's liein^ 
returned on such pannels, for remedy thereof it 
is enacted, ^* That no challenges shall be 
taken to any pannel of jurors tor want of a 
knight's being returned in such pannel." The 
report in the text does not at aU disagree with 
Luttrell's account of the Reports in Shower 
and Skinarr. The challenge for want of a 
knight appears to have been made when the 
cause was called on at the sittings alter Hilary 
Term, 34 and 35 Car. 2, whereas the trial aa 
reported in the text, was not had till nearly 
three months afterwards, and there seems not 
then to have been any deliciency of knights in 
the pannel. {t appears thatthe nva persona first 
sworn upon the jury were knights. 



SSS] STA1X TRIALS, 35 CiUALBi IT. l6BS^THal of TkwM Pilkmgiom [2S6 



if yoa can prore them none, you go » great 
way. 

Mr. Thompson, My lord, we denre the 
dwlleoge may be allowed, or otherwise a bill 
of ezceptioDS. My lord, we pray a bill of 
exception^. 

Seij. Jefferies. This discourse is cmly for 
diaooarse sake ; Ipray the jury may be sworn. 

X. C. J. Ay, ay, swear the jury. 

Sir Benjamin Newland, &c. sworn. 

Mr. Thompson. We challenge Mr. Fensil ; 
be bath given evidence in this cause at the 
council-table* 

X. C. J. What then ? 

Ait. Gen. My lord they shall have all fair. 

L, C.J. Mr. Attorney says be won't stand 
upon it. 

Mr. Thompson. My lord, we pray a bill of 
exceptions. 

L. C. J. I think many would not hare 
offered it besides you. Shall I go and sign a 
bill of exceptions, to let all the world know 
this is so, and so all the world must try whether 
they be shehfts of London ? 

Mr. Thompson. My lord, do not say so ; for 
I think all the counsel in the court would. 

X C. /. If it doth fall out, that in truth they 
do not happen to lie sheriffs, surely you shall 
iiave all tne advantage that can oe for you ; 
but pray do not think, that I will put off a 
Irtal upon every suggestion that the sheriffs 
are not sheriffs. You shall have aU that is 
law by the g[race of God, and I am not afraid, 
that you or any num should say, I don't do 
justice ; I am not bound to gratify every man's 
nnmour ;* I am to do according to my con- 
science, and the best of my knowledge, and ac- 
oonling to my oath ; and I will do that, and 
gratify no man. 

Sir Benjamin Newland, Sir John Matthews, 
Sir John Buckworth, Sir Thomas Griffith, Sir 
Edmund Wiseman, PercivaT Gilbnrne, Henry 
Wagstaff, Barthol. Feriman, Thomas .Black- 
more^ SamUel Newton, William Watton,George 
ViUars, jur. 

Crytr. O yes, O yes, O yes. If any man 
^ can inform my lord the king's justice, the king's 
^ acigeant, or the king's attorney, or this inquest 
now to be taken, &c. 

Mr. Do/^en. May it please your lordship, 

* In proceedings in which, under the statute 
of Westminster the second 13 Ed. 1, st. 1, 
c. SI, a bill of exceptions lies, the judge is 
obliged to seal such bill. See the stat ; Run- 
nington's ed. of Hale's Hist, of the Common 
Law 990; Tomlins's l^w Diet. 3 Blacks. 
Comm. 379. It appears that in Rich. v. Player, 
aarej^rted by sir Bartholomew Shower (p. 368) 
next immediately after this case of Pilkmston 
snd others, a bill of exceptions was allow^ on 
a challenge of the array. As to the form of 
prooedare upon a biU of excqitions, see in this 
CoiOsction Leach against Monfjy and others, 
i. n. 1765. 



and you, gentlemen of the jury, this is an In- 
formation Drought by the king against Thomas 
PiUdngton, &c. Gentlemen, the Information 
sets forth. That upon the 24th of June last, 
in Guildhall, there was a common hall supi- 
moned by sir John Moore, knight, and there- 
upon held for the election of sheriffs for the 
year then ensuing the feast of St Micha^: 
and that on the same 24th of June, sir John 
Moore, then mayor, adjourned the court tUl 
the Tuesday following by proclanmtion. That 
after the said adjournment, my lord mayor 
made proclamation for all persons to depart: 
and that the defendants, intending to disturh 
the peace of the king after the a'ljournment 
aforesaid, did unlawfully, With many persons 
unknown, meet together, and riotously assault 
the lord mayor. And afler the adioumment 
by proclamation, tivo of the defeoJants, Pit- 
kmgton and Shute, by colour of then* office aa 
sheriffs of this city, and the rest of the defea- 
dfints, did continue the poll, and unlawfuU j 
affirm to the people, That sir John Moore had 
no power to adjourn them. And that they con- 
tinued this great tumult three hours, to the 
terror of the king's subjects, and the eidl ex* 
ample of others, and against the peace of our 
sovereign lord the king. To this the Defen- 
dants have pleaded Not Guilty, &c. 

Attorney General. This Information, my 
lord, is brought for settling the peaee in this 
city, and to shew before you all, who is th« 
supreme magistrate under the king in this city i 
for that, gentlemen, you see, is grown a great 
<luestion. Whether my lord mayor is not only 
in the hall, but in his chair, the supreme ma- 
gistrate ? 

Gentlemen, I must acquaint you, that my 
lord mayor in all times, even liefore the ci^ 
had the election of him, was the king's lieu- 
tenant, and the supreme magistrate in the city, 
and no public assemblies could ever meet 
together without his sununons; he was tiie 
great and chief director, and this 1 believe ia 
all your observations that are of the jury, I 
can make it evident, that this hath been tha 
constant frame of this government in the city : 
for the sheriffs, g^tlemen, they are no corpo- 
ration officers, they are county officers, as ia 
all the counties of £ngland; and they are the 
king'troffioers for the execution of the king's 
writs, and the preservation of the king's 
peace ; but the government of the corporatioii 
IS in the mayor, and not in the sheriffs. Gen- 
tlemen, the question now arising here, is ahout 
the election of sheriffs ; it is true there were 
very disorderly tumultuous proceedings ; ray 
lord mayor he comes and doth appoint another 
day for them, and discharges tnem at that 
time. We will make appear to you, that it 
was always his right in all times, both to sum- 
mon a common Iwfl, and dissipate it, and ap- 
point them another day, or to dissolve them, 
as the mayor did see cause. Tlie mayor hav- 
ing, according to the ancient manner, ad- 
journed this eourt, the sheriffs they proceed ; 
do not only refuse to obey, but they proceei^ 



137] STATE TMAIA d^ Cil aklbs Uf i6S9.-- mil i^heriffmr n JUol. [23» 

lad mke prodamaliony that it m not in the 
power of tbe mayor, takioff upon them that 
whidi never anj sherifls du in any time ; they 
mke proclamation contrary to what the mayor 
M done, and continue the poll, and proceed 
nd pfrodaim the mayor had usurped that 
p0«rer which was thorns, though allerwards 
they transferred the supreme power to the 
Ererymen ; but I think no age will siifTer, that 
the supreme jpower should be in the livery- 
men, tiuU are expressly ap^inted to act by a 
common council, whicn is indeed the repre- 
KotatiTe of the whole city. But this, gentle- 
nen, bang'done by thesherifis haviug usurped 
the power of the mayor, they did pn^eed in a 
Moos manner; when the mayor attempted 
to go out of the ball, they strucK him, struck 
his hat off, and pressed several of the alder- 
nen ; the evidence will make out in what an 
OotrageoviB manner it was carried on. If the 
sdiers had made opposition, how soon had all 
been in confusion upon this usurpation, that 
the shenffii had set up for themselves, that 
they aire the delegates of the people, and must 
ippear to be the supreme magistrates of the 
a^ of London ! I think the citizens them- 
9^es will never endure, that those that are 
bat oomty officers, shoi^ ever invade the go- 
venuBflDt of the corporation. Gentlemai, we 
win shew you the particulars of this, and you 
hare nothing to inquire after, but whether they 
guilty of the not or no ? 



Soiiciior General. My lord, we will call 
oor witnesses, and prove our case by these 
Meps. For the questioo, That whether or no 
the dsfendants in the ixiformation were guilty 
of a riot, in continuing the assembly after 
my lord mayor had adjourned them, we wiQ 
prove it by these steps, that it is in the power 
of the kird mayor to call a conunon hidl, 
and adjourn the common hall ; that, my lord, 
when the common hall was assembled tor- the 
porpose of electing sherii&, that he did ad- 
lonm the common liall ; and that contrary to 
MS ailioiimnient the sherifls continued it, de- 
ekrinc' my lord mayor had no right so to do ; 
and mat afterwards my lord mayor com- 
naoded them to depart, and they continued 
their assembly there m a very riotous manner ; 
aid as my lord mayor came down, they offered 
iBsoIeDcies to his person, and they continued 
the assembly there in a riotous manner, and 
conamendeJ the sheriffs that did assert their 
right, following them in a riotous manner into 
Caeapside, crying out in a fiictious manner, 
* God bless the Protestant sherifls.' 

Seg. Jefferies, My lord, we would begin 
WI& our witnesses ; but for the gentlemen of the 
jnry, which I think are men that belong to the 
dty, and that the thing may be very intelli^- 
Ue, I beg" leave to acquaint your lordship with 
the methods that have always been proceeded 
in, in choices of this nature. My lord) we will 
make it appear, and I think it will not be 
^snined by any ikian that knows the city of 
lUmdon, tbat eomaion haH(| are always sum- 



moned to appear by the intimaiioii of tho 
mayor, of tne mayor himself, at any time 
when he finds an occasion, either for the as- 
sembling of a common council, or the assem« 
blin^ ofa common hall, &c. pracepts are fe- 
sued ; they are words that yon, gentlemen, do 
understand very well, to summon a common 
haH from time to time. It is very true, thoivh 
they do usnally make summons for Mid* 
summer-day, yet Midsummer- day being a 
public and notorious day for the choice of 
some particular persons, they are not so con- 
tinually exact in summons ; for thcry do pre*^ 
sume, that every body takes notice of the day.' 
But I am to ffive your lordship an account : 
whereas in me record there is only notice 
taken concerning the sheriffs on Midsummer- 
day, it is notoriously known to all gentlemeii 
that are inhabitants in London, there is a 
choice of chamberlain, and auditors of tfaa 
bridge-house and chamber-accounts, down to 
ale-conners ; and that the sheriffii of London, 
gva Shcrifi of London, are no more in tho 
case than any private man is. I do take notice 
of this, to give you an account, that as soon 
as these officers are dispatched, I myself had 
the honour to serve the city some time, and 
know it very well ; therefore I take the liberty 
to explain it to some of these gentlemen that 
are foreigners. My lord, as soon as ever this 
is done, (as it was frequent before people were 
so ambitious to come into the office of sheriflb, 
as they have been within two or three years ; 
for it was not known till of late, that the peo- 
ple were fond of the office ; there is a terra 
they uRo, * To go a Birding,' as they call it, 
they did not se^ for the office, as they have 
done of kte) when there was any person came 
off from serving, that is, paid a fine of 400/. for 
coming off; then the usual meUiod was to obU 
another common h{ll> for they never made 
application to Mr. Sheriff, * Good Mr. Sheriff, 
let us have a common hall :' But the common 
way. Was ^i time of vacation, (for in August, 
there are no such things as courts of aldermen 
held ; courts are not then held, exo^ the 
sheriffs court) then to go to my lord mayor's 
house, and be appoints them to come to a 
common hall, a meeting for to ehuse such and 
such : He orders the sword-bearer, or other 
officer that is attendant upon his person in his 
house, to send forth summons, in order to such, 
a thing as the assembling^ a common hall, and 
there may be sometimes out one sheriff there ; 
nay, I have known it sometimes when tb^« 
hath been never a sheriff, and yet they have 
not thought they have wanted a judge of tliat 
assembly : But, my lord, when all the matter 
is over, and p^ons are declared to be chosen 
into Ms or that, or tlie other office in the 
common hall, then an officer in the city, not 
an o^er of the sheriffs, but an officer wmch ii 
caUed by tbe name of the Common Gryer, he 
makes proelaiDation upon the hustings, where 
my lora-mayor is judge, for all gentlemen to 
depart for toat time, and to give their attend-» 
ance there to another summons^ And now. 



«2d9 ] STAT£ TRIALS, 35 CuARLBfl IV l6S3.-«2Ha{ oj Tk^mM 

my lord, to make tb« thing^a little rooi^e Intel- 
ItfiUe, there is a differeacebetween the cboice 
of the county officers and the corporation offi- 
for at the election of city officers, tlie 



4m |jd40 



cers 



Common Serjeant, the Common Cryer,' and 
Town Clerk, and the officers that attend and 
manage the common hall, where my lord- 
mayor is looked upon to be the 8u);ierintendant ; 
but at the election of parliament men, the writ 
i$ directed to the sheriffs, and tliey interpose in 
all the management ; and then the Common 
Serjeant and Common Cryer have nothins to 
.do; but at such times, the Secondaries ofthe 
Compter, which are deputies to the sheriffs, 
they come and manage tne whole affair. This 
I tell you, because 1 hare been pretty well 
acquainted with the methods ofthe city. I do 
Tery well remember I had the honour to serve 
the city of London, at that time sir Robert 
Clayton was lord- may or; and there was a 
great occasion to try a person about the assas- 
sination of Mr. Arnold ; and the question was. 
Whether they should proceed \o a poll or not ? 
because they were to go tp the Sessions-House 
in the Old-Uajley^ in order to the trying of that 
person. That worthy gentleman bein^ then in 
the chair, I had the honour to sit by him ; or- 
Oei'ed .the court to be adjourned for a da^ or 
two, because they were to go to the Sessions. 
Tliere was no asking tlic sheriffs opinion when 
sir Robert Clayton was lord-mayor, nor there 
was no such thing then ; but now the case was 
idtered, for sir John 3Ioorc was lord-mayor. 
Now, my lord, sir John Moore, like a good 
magistrate, endeavouring to preserve the pri- 
vileges of the chair, there happened a contro- 
versy amongst the members of the common 
hall, whereby the public peace ofthe kingdom 
might have been much injured, as well as 
the peace of the cit^ very much disturbed. 
To prevent which, sir John Moore, in'th the 
advice of his worthy brethren the aldermen, 
came upon the hustings, and found they Were 
all in an uproar, and not cool enough for any 
debate ; for they were wound up to that height 
of iiury or madness, that they had not a good 
word to bestow' upon their magistrates, nor 
upon him whom their chief magistrate did re- 
present. For we must tell you, when they 
cried. Pray God bless the King, as is usual for 
the officer upon such occasions ; many cried, 
No, God bless the Sheriffs, the Protestant 
iSrtieriffs. ^V hereupon my lord -mayor, for 
preservation of the peace, adjourned tlie com- 
mon hall, and required the members to depart 
and come down off tlie hustings : The rabble, 
^for by the way, a great many of these persons 
in this Information, as Mr. Goodenough, and 
the rest of them, were not liverymen, nor con- 
cerned in the election one way or other ; but 
came there on purpose to foment and to raise 
up the spirits and malignant dispositions of a 
sort of people tliat are enemies to the govern- 
ment ; they came to foment quarrels, and not 
maintain peace] my lord, when my lord-mayor 
came off. the iivsting^, they came upon him, 
had hiiik down upon his knees, and his bat off; 



and if some gentlemen had not come in, thejr 
had frod him under feet; such an indignity 
was then done to the lord-mayor of London, 
who, I think I may say, deserved as well from 
the government of this city, as^ny gentleman 
that ever presided in that office, that before hatl 
not been heard. My lord, Ave \yill call pur 
witnesses, to prove the manner ofthe elections 
to be as I have opened it, and to prove the 
matter in the Information.— Call the Common 
Serieant and Mr. LightfOot, the Common Cryer» 
and the Sword -bearer. 

Att, Gen. Mr. Lis^tfoot, pray give an ac- 
count to the jury and the couit, of Sie manner 
of election, and chusing a common haU, ' and 
the manner of it. 

Lightfoot, My lord, I have^ been almost 25 
years an attorney ; I always took it, that the 
Serjeant of the chamber had order to go down 
to the clerks or beadles of the companies, to 
summon a common hall by such a day. 

Att, Gen, By whose command P 

Lightfoot. By my lolrd -mayor's. 

Alt, Gen. In all your time, did the sheriffs 
ever summons any? 

Lightfoot, O, no. 

Serj. Jefferies, Pray Mr. Lightfoot, thus : 
When they were met, what was the , usual 
method ? 

Lightfoot. Before the lord-mayor and al- 
dermen were set, the, people walked up and 
down the hall till the lord- mayor did come ; 
but as soon as my lord mayor came, the 
Common Cryer made procLunation, < O yes, 
you good men of the h very, stmsmoned such at 
day tor election, and so draw near, and give 
your attendance.' 

Alt. Gen. Whose officer was the Common 
Cryer? 

lightfoot. My lord-mayor's officer. 

Serj. Jefferies. A corpcHation officer. 

Att. Gen> Now forthe dissolving them. 

Lightfoot, When they have done the busi- 
ness, Mr. Town Clerk, as I take it, takes his 
direction from the lord mayor, and he lads the 
officer make proclamation ; < You good men of 
the livery, depart hence for this time, and 
appear at a new summons.' 

Att. Gen, Did the sheriffs ever dissolve them f 

Lightfoot. Never. 

Att. Gen. Did the common hall do it ? 

Lightfoot. No, there was no such thing. 

Mr. Jones. Mr. Lightfoot, aAer my lord majror 
had dismissed the hall, did you ever hear the 
sheriffs keep them together P 

Lightfoot. All the people went away till 
within tliis three or four years. 

Mr. Jones. Since when f 

Lightfoot. Since Mr. Bethel, about that 
time. 

Serj. Jefferies. Ay, in Bethel and Cornish's 
time, then i)cgan the bustle. 

Mr. Williams. You sav you have been an at- 
torney 25 years ; I would ask you, in all tliat 
time, Mr. Lightloot, in all that time, did yoa 
ever know the lord mayor aij^u.n the common 
hall to a certain day f 



ZkX) STATE TRIALS, ^5 Cii ablks II.* iGSS.-^ffttiT cth^hjar a md. [24t 



U^itfoot. There ^r«s De?eraiijoeeatioo. 

Wx. Thcmpson. Answer my question. 

U^iMM. Inererdid. 
^ Sir tr. Winn, 1 would «sfc jon another qn< 
tiiB, Bfr. lightfoot : did joa erer know, before 
die ejection was over, when the electors were 
th mw i g ' sherifls, or pollmr, or debating it, did 
yoQ erer know in the middle or it, the mayor, 
agaifttt the wiR of the aheriflb, adjoom it? 

Lightfoo^. No, no. 

SoLGen. Didererthe sheriffiinndertake to 
he» ihem lomher befwe theae late times ? 

Ligkt/boi.IiOj never. 

Mr. Thm^ton. Pray, Sir, this : Though it is 
wosl, after the sherim have taken the pott, to 
ae^fMont my lord mayor, did yon ever know, 
Aat tile sherifis have ad)omiied the common 
hall Without acquainting my lord mayor ? 

lAghtfoot: No. 

Mr. Tkompton, I ask you one question more : 
do Twn remember when there was a poll betwen 
m Thomas Stomp and another P 

Ughtfoot. No, I do net charge my memory 
with -it. 

Mr. T^ompami, Do you remembier when 
there was a poQ between sir Robert Cbyton and 
Mr* Kyffien f 

Ligitfbttt. I was about the hall. 

9^.Jefferk», Do ^^on remember when there 
was a pou between sir Simon Lewis and Mr. 
Jenki.^ Who did manage that pdi? \ 

Cmn, Sen. I did. 

Mr. WUtiams. Are yon upon your. oath ? 

Cam, Serf. Yes, I am. 

Light foot. When they were gone to the poll, 
I west out of the hall. 

Ait, Gen. Did you ever look upon it, that 
dte sherift had any thing more to do than 
others? — Lightfoot. No. 

Att, Gen. Who were indueed to take the 
piDr ffas it by the sberiifs or the k>rd 
tnayor? 

Ijghtfoot. I have been appointed bj my 
lard mayor. I do know, that the sheriflfshave 
tdoen upon ihem to appoint a noil, and ^hen 
aiy loni appointed his clerks in tne house to be 
antant to the common serjeant, and the town 
deik : I nerver was but ia two polls, one for 
Mr. Box, and another for my lordmavor. One 
Went on with the poQ in one place, ana the other 
B soother. 

Att. Gen. But before that time. Sir ? 

Lkgkifoot, I know nothing of that, Sir, I was 
never concerned before. 

Mr. Holt. Pnij, Sir, who used to manage'the 
pofl before ttiis time f 

Sir Fr, Winn. Mr. Lightfoot, I would ask 
you a question : who managed the poll before ? 

UgMfoot. I have been m a common hall 

when th«y have been chasing sheriffii, when 

tereral have fined. And it bath been upon the 

oaestionY when the hall hath divided, and they 

ure polled in the hall. 

Sir Fr. Winn. Who polled then ? 
Lightfoot, The snerifTsand the officers stood 
tfidsaw them go oiu, and this is within these 
Kiv years. 

VOL. IX 



Sir JFV. ITifin. Mr.Li^tfoot,Iadcyouthus(. 
now in all your observations, when there wai 
any contest, who was shi^riff upon the election, 
and the divisions during the thne of election, 
and before it, were at an end, who did manage 
it, the sherifb, or the lord mayor ? 

Lightfoot. When the court had been pro- 
claimed, and the recorder had spoken to them, 
my lord may^or and the aldermen withdreiir 
from the hustings, and the sherifib and otiier 
officers stood there with them ; then the com- 
mons proposed who they would have pot in no;* 
mination, and they were put up ; then the 
sherifib have turned back to the fentiemefi 
upon the hustings to ask their opimons, how 
are your opinions concerning the hands P W« 
do lliink it goes so ; then it halh been de- 
clared. 

Sir Fr. Winn. By whom P 

Lightfoot. The common crycr, or the com- 
mon Serjeant. 

Sir JFV. Winn* Yon say, as soon as my lord 
mayor withdrew, during the time of electlODi tie 
two sherifis managed the halL » 

L^Mbot. Intnat manner with others. 

Sir Fr. Winn. Mr. Lightfoot, do you nm eitt- 
her who adjourned the hall, wben Mr. Beithel 
and Mr. Cornish were chosen ? 

lightfoot, I cannot tell. 

Serj. J^eriei. Mr. Common Serjeant, are 
you swchu P— Com. Stfiy. Yes. 

Ser). Jejftrie$. ¥nj wiU you tdl Mf lopnd 
andthejury what you have observed in partH^ 
cular, because I mentioned it, in the time of sir 
Robert Clayton ? Mention how that was. 

Com. Sery, My lord, when the common 
crier hath made proclamation, the lord mayor 
and court of aldermen being set upon the hnsi* 
ings, Mr. Recorder makes a speech ; as soon 
as that is done, my lord raftyor aud the aMermeU 
retire into this court, leaving the sherifls and 
me, and thereat of the officers, upon the hust- 
ings, and I there manage the eleetiou ; and 
when the election is made I go up to the court 
of aldermen, and make report of what hath been 
done in the hall. I declare the election, and 
I manage the election, and do it as the duty of 
my olace. ' 

Mr. WiUiamt. Who manages the election P 

Com. Serf, I manage the election ; I d^lare 
what is my opinion of the election in the hall ; 
and I come and make report to my lord' may^ 
in this course ; then my lord mayor, and tile 
aldermen, and the recorder, come down again. 
I remember particularly when sir Robert Clay- 
ton was lord mayor, it was about the choice of 
Mr. Bethd and Alderman Cornish, and there 
was a great disturbance in the ball ; then I 
came into the court, and ailer I had made iny 
report, I offered to give the paper to the re- 
corder tb at then was, sir George J eifcries. He 
told me, that the people would not hear him, 
and therefore he would not take the papcK*. 
Upon that sir Robert Clayton said to roe, pri- 
thee, do thou speak to tnem ; they wHI hear 
thee, if they ivill hear any body ; tor the hall 
was in a great uproar, and they catted to threur 
i R 



tt43] STAT1B-TaiAI£/35CHARLTOn. l«S3.--7Halii/77bM»PlftMi^<m 1244 



me off the hiutiiigB, and then I made an answer 
to Sir Robert CJay ton ; Sir, it is ^not the duty 
of my office, and when I do an^ tbiugr tl^t 
is not my office,! shall expect particular direc- 
tions. Then, saith be, you must tell them, I 
must adjourn them till Monday, because I go to 
the Old-Bailey to try the assassinates of Arnold. 
Thereupon the hail was adjourned, and procla- 
mation made to depart ; and my lord mayor 
-Attempting to go, was beat back twice or thnce, 
imt at last they let him and the aldermen go, 
And kept the sheriffs and me till evening. At 
Jast Mr. Papillon came up to me ; Mr. P^* 

Jillon, says I, I am glad to see you, you will 
ear reason. Says he, why do not you 
go on with the poll? I told him, my lord 
mayor had adjourned the hall. Says he, I did 
not hear it before ; but now you tell me so, 
I will go out of the hall. Says I, Sir, you will 
do very well to tell the hall so ; which he did, 
and some went away ; and further adjourn- 
ments were made by the direction of my lord 
.mayor. 

Ait. Gen. I .wonld aak you a, question or 
^o :. Who do you look upon to be the chief 
jnmstale of the city ? 
> Com, Serf. My lord -mayor. Sir. 

Att. Gen. Pray, in all your time till this, 
was .there no uproar ? Did ever any sheriff 
• undertake to oontroul the mayor in the busi*, 
ness of putting questions, or taking votes ? 

Com* Sety, Sir, there was never any dispute 
till Mr. Sheriff Bethel was upon the hustings, 
ftod then there was. 

Att. Gen. As whose officer did you do it ? 

Com. Serf. My lord-mayor's, and die city of 
London's ; I have nothing to do with the she- 
rifis ; for when there is a writ comes for the 
choice of pariiament-men, directed to the 
sheriffs, I never do it, but Mr. Seoondaiy. 

Att. Gen. I speak of latter disturbances. 

Com. Serf. The first dispute about sherifis, 
since I was common seijeant, was about Mr. 
Jenks, and that poU was taken by the diiection 
of the lord-mayor, by the town clerk, and my- 
self ; and our books say. If there be a dispute 
in the common hall, it must be decided as in 
the common council. It is in Liber attu$. 

Ait. Gen. U^niger. 

S&j.Jeff'. "No, lAber allnu. 

Att. Gen. JUher albu$ f It ii Liber niger^ 
tiiey turn the white book into a black book 
now. 

Sir Fr. Winn. At that time. Sir, when my 

lord-mayor was willing to go to the Old 

Bailey, IhA the sherifls do any thinff farther P 

C<m.Serf, ThesheriffifdidnotBaeddleinthe 
matter. 

Serj. Jeff. Mr. King, pray give my lord and 
the jury an account of what you know of this 
matter. 

Mr. Peier King. I have been at a court of 
common hall 28 years, my lord, and hfive been 
concerned ; I never looked upon the sheriffii 
to have any concern there. And I do very 
wett remember sir Geoige Jefferies; I do re- 
vatuhtr and know, they did always in Imcient 



times take advice of the officers by* and ihej 
never did esteem themselves in those dMrs, t» 
be any more concerned than as the best officers 
to be preferred before the rest : When my lord 
says. Come up, they come in or«ter, the mas* 
ters and wardens of the companies. 

Att. Gen. Who did do the business upon 
the hustings ? 

Mr. King. All of them, Sir, all together. 

Ait. Gen. Was there never any differeaco 
about the votes P 

Mr. King.. Sometimes they have stood upon 
it. ' 

Att. Gen. When there was a ouestioa made 
to know who had the most, who decided it ? 

Mr. King. They generally asked one ano- 
ther. What do you uiink, and what do yoa 
think P I speak for SO years together since the 
king came in. 

Att. Gen. I hope in God there bath been a 
king in England for 30 years, though perfcafto 
some of the sherifls that were then in debale, 
would have had none. 

Mr. Thompson. Mr. KiOff, I only detrire to 
know this of you, because I know you knovr 
questions ; I desire, my lord, to know whetber 
he speaks it to be a matter orrigbt, or his opir 
nion ; for wc know Mr. King^s opinion will go 
a great way in tliis matter. Do you speak it 
as a thing of rip^ht, or as your conceptions? 

Mr. King. Sir, it would be a thine very coa« 
fident in me to determine qi the right, but only 
as I always esteemed it. 

Serj. Jeff. Mr. King, 1 would ask you this 
imestion ; Pray do you tell your belief upon 
the observation that you have made from tone 
to time of the practice there ? 

Mr. King. An hundred and a huudred com- 
mon halls I believe I liave been at. 

Mr. Utompton. Tliat's good store. 

Seij. Jeff. That may be when there are 
many fines; when I was common setjeant, 
there were 5,000/. fines one year. 

Sir Fr. Winn. I desire you to me your opi- 
nion ; you say they are all equal that are tbereu 

flr.King. Every officer in his d^ee: for if 
SO men go together, he that is best speaks finC 

Att. Gen. Were the sheriffii Allowed to be 
there, or no? 

Mr. King. The sheri£& are always bound to 
attend my lord-mayor by their oaths, unleae 
they have lawful esrcuse. 

Mr. Jones. . Mr. King, did the sheriffs ever 
continue the assembly after it was dissolved P 

Mr. King, No, Sir. 

Mr. Jones. Or could they do it? 

Mr. JCiR^. I can't say tnat 

Mr. Thon^fson. Did you ever know my Istd- 
mayor adjourn the court till the hall had done ? 

Mr. Xing. I can't tell. 

Mr. ThiWipson. I tell yoU| Sir, sir Samuel 
Starling did. 

Seg. Jeff. But the sheriflb could not do it. 

Mr. Tlumunon. Nor he neither ; for he paid 
for it. 

Mr. Holt. Mr. King, I ask this qpiestion; 
Who declares the poll in the ballf 



i 

i 

I 
I 



Mr. Kimg, They always aeree, onlesa it be 
voy dear ; I bare knowa the common ser- 
jenit do it ae^eral timea without disputiiig^. 

Can. JSen* When perBoos are put in nomina- 
tm, and the haiMM are held up ; I generally 
adc the people aboiit me, who ha?e most, and 
particulany the sheriffs, and so make declara- 



M5] STAll TRIALS, 35 CAarUs IL t6HS.^fmdaihen,fifr m K^. ["i^S 

■ Mk*. King, Tlie co m moQ aegeant ' | Serj. Jeff, Mr. Common Cryer, I would 

Mr. HolL Who directs him usually ? fain know this ; when my lord ma^'or is gooe^ 

lir. Kmg, Has office directs itself. and the aldermen, during the election, do you 

Mr. Hoit, • I ask, if the &henfia don't agree, eter disouss the court before my lord comes 
who ia elected before the common Serjeant make down again; and do not you take the very 

words of dissolution from the town*clerk ? 
Com. Cmer, 1 do so. 

Serj. Jeff And what is usnal in yoqr tim* 
when sheriffi have fined off; who gave di« 
rections for a common- hall ? 
Com. Cryer, My lord mayor, Sir. 
Att. Gen, Who is it puts the question, th« 
common Serjeant or the cryer ? . 

Com, Cryer. The common seijeaot dictates 
tlie words to me, and I never take them from 
any other ; I have taken the paper into my 
own hands, but never but one yearneither. 



JL C J. The oflicers ask one another, who 
ttey think has most? That doth not give 
the inrisdiction, that they choose officers I 



the krd-mayor or sneriffs: But, for when they were in a confusion ; the time 




aa^t that I see, these officers have had more 
•a do about the choice than the sherifiis have. 
These officers consult one with another com- 
aofthr, and conclude which side have most ; 
and tiien rq^rt it to my k>rd-mayor. 
803. «K^ First of all, when they put anv 
a M any officer in the common hall, 
a1 way of putting the question is, < As 
ly of yon as would have such a man to 

* besiich an officer, hold up your hands : ' And 
if the election be dear, proclamation is made 
praacntly : If not, the common serjeant asks, 

* Who they think hath the majority ?' Which 
bang deduned) they acquiesce. But since Mr. 
Ilethel came in, tblere have been very hot dis- 

I in the world ; but before bis time there 
attempts made to keep sheriffs off, but 
' before to get sheriffs on. And after the eleo 
tioD is declared bek>w, immediately they go to 
vy lord-mayor, and report it to him : And then 
comes down the mayor and aldermen to the 
bostngs, and the Recorder says, * We are in- 

* fbimed, that such and sucn persons have 
*becn pnt in nominatioo, and the election 

* passed upon such and such.' And then the 
wfd-aiayor commands the assembly to be dis- 
solved. 

Mr. WeiU. When a common hall is first met 
together, are not the lord-mayor and aldermen 
{vnorally present? 

Com. Cryer. At the first meeting. 

Serf* Jeff When they are set, give an ac- 
count what proclamation is there mode. 

Att. Gen. How lonc^ have you known it? 

Com. Cryer. I have been in this place almost 
17 years ; I always come willi my lord 
mayor ; I do make proclamation by order of 
my lord mavor, dictated by the town-clerk ; 
sad 1 take the words from the town-clerk ; 
Hid his words I say ; ' You good men of the 
*■ livery, summoned to appear here this day, for 
' the oonfirmatioii of such a one chosen by my 

* lord mayer, and another fit and able person, 
*to be neriffs of the city of London, and 

* eoonty of 31iddlesex for the year ensuing, 
*4rwr near, and give your attendance.' I 
Btrer aiyooroed tw court in my life, but by 
9rkr from my lord mayor ; nor never dissolved 
^ court, but bj order from my lord mayor. 



when Mr.. Bethd was chosen there was somtf 
difference, I did read the names that time, and 
never but that one time, t always take the 
words from the common serjeant; I never 
put any vote, but what I have from the com^ 
mon seijeaot. 
Att. Gen. Do the sheriffs put any rote P 
Co9n, Cryer. Never, Sir. 
X. C. /. I do not understand him ; I thinli 
he ^d mean, when Bethel was chosen, he put 
the question by somebody else. 

Serj. Jeff, No, no, he took the paper in his 
hand. Before he used to take dictates froni 
the common sericant ; but there was a confu- 
sion when Bethel was chosen, ai.d then he ttRik 
the paper from the common segeant and 
read it. 

Com, Cryer. He gave the paper into mj 
hand. 

Com. Serf. My lord, they made such anoisq, 
that he could not hear me. 

Mr. Williams. Mr. Wells, how long have- 
you been common cryer ? 

Com. Cryer. About seventeen years. 
Mr. Williams. In all that time did you ever 
hear the lord mayor adjourn the court to a cer- 
tain day ?—Com. Cryer. Yes. 
Mr. Williams. To a certain day ? 
Com. Cryer. My lord mayor adjo'umed this] 
common hall to a certain day. 

Mr. Willianis. ' I ask you upon your oath- 
again, Did you ever know the lord mayor ad- 
journ a common hall to a day certain ? 

Serj. Jeffl Do you remember that of sir 
Robert Clayton's ? 

L. C. J. If so be they be adjourned, to meet 
upon a new summons, if there be occasion, na 
question but he may to a certain day. 

Mr. Williams. Now we are upon matter o£ 
fact. 

Sir JFV. Winn. Did you ever knotv my 
lord mayor adjourn tliem before the election 
of sherifis was over ? Here is my question, ob- 
serve it. When after once my lord mayor ig 
gone out of the hall, when tlie election b^ns, 
did you ever know my lord come and disturb 
the election, or adjourn, it before it was done ? 

Com. Cryer. I never knew any thing of ft 
before now. 



^47] STATRl!taAlJi,$SiinAUi.uBlLl6^$^fiMofT ^um 



Ah. Gen, Mr. Welks do you vemeiDber 
4hat instance in sir Robert Cbyton's time ? 

Com. Cryer. No, Sir. 

Att, Geiu Have not yon known my lord 
mayor dissolve the court before the business 
luitn been done ; take up his sword and be 
gone? 
' Com, Ctyer, When be hath a niind to ad- 

£arn the court, and declare it^ I adjourn it by 
s order. 

Att, Gen, Bat hare you not known him 
takeifp hi& sword, and be gone before the 
electiop is oyer ? 

Com, Cryer. ^^ Robert Clayton did do that 
before the business was done, 

Mr. Thompson, Mr. Wells, do not yon remem- 
her, m sir Samuel Starling's case, that he did ad- 
journ tlie hall P 

Com. Cryer, He dissolved the hall. 

Mr. Thompson, Very well. 

Serj. Jeff, He did dissolve the hall, and so 
hath eiery lord mayor since. My lord, if 
your lordship please, I perceive this gentleman 
makes a question. Whether ever there was an 
ac)joumment of a common hall before such a 
time as the election of sheriffs was over.^ I 
will give you an answer to that question, 
and a very iair one, and a plain one ; I say, 
till the time of Bethel, in sir Robert Clayton's 
inavoralty, there was never such a thing as a 
poll for sherifis. 

£. C. J. Silence, that we may hear. 

Mr. Williams. My lord, we only ask a ques- 
tion, we ask a question and take our answer. 

Serj. Jeff. Will you give us leave to go on, 
Sir? 

Att, Gen, Sir William Hooker^ Pray how 
k>ng is it since you were sheriff of London ? 

w W, Hooker. About 16 or 17 jrears ago. 

Att, Gen. ' You have been sheriff ana lord 
mayor of London: I would only know, 
Whether you looked upon it as your right when 
you were sheriff ? 

Sir W, Hooker, No, nor ever durst presume to 
think it: In those days it was not thought 
upon. 

Att. Gen. When vou were lord mavor, did 
you order summons mr common -halls r 

Sir W. Hooker, Always. 

Ait, Gen. Did you ever use to consult with 
your sheriffs when to call a common haU ? 

Sir IK Hooker. Never; and I think no 
«uch thing was ever, heard of under the sun, 
till of late. 

Mr. Thompson. Sir W. Hooker, did "you ever 
^journ the court before the business was done t 

Stir W. Hooker. I never saw any such oc- 
C^on ; rebellion w^s not ripe tlien. 

Att. Gen. Sir William, pray thus; Have 
you ever in a common council, or common 
pall, known my lord mayor rise before the bu- 
siness was done, and take his sword. 

Sir W. H. I confess I mjust own it, that 
when things grew to a great height, I was 
forced once in this place to cause the sword to 
he taken up and go out, and the court was dis- 
•olved^ and durst not go on afierl was gone. 



Serj. Jts^^rttt. Now^my lord, if year loid- 
ship please, I desire to call theswora-beaMr* 

Mr. WiUiam. Sir W. Hooker, jf I may, 
without offence, ask you, how old are yoaF 

Sir W. H. Seventy years of age. Sir. 

Mr. Williams, You say yoa never knew r^ 
bellioi^ ripe ? 

Sir W, H, Good sir, I peioeiveyoa are very 
apt to mistake ; I lived ia 1041 and 1643. 

Att, Gen. Sir William, caa yoa 
the meeting in 1648 ? 

Sir W. H. Ay, very welL 

Att, Gen, Then tliey asurped the vary tn 
power, and an act of parliament to oonnrm ia. 

Seij. J^eriss, My laid, I derira Mr. Sirard- 
bearer may be sworn. 

Sir Fr. Winn, Pray, Sir, ia all the time that 
you have been acquainted with tiw^ coafeoma of 
London, did Tou ever know when there was 
an election for sherifis, that the knd mayar 
did interpose or meiMte till the dectiaift waa 
over? 

Sir W, H, Sir,, of late years I have not a»« 
peered, because of an innrmity, I canaat be 
long in London : but in all that ^me 1 used to 
appear, I never did observe any sach thiar* 

Sir Fr, Winn, That the mayor ever meddled ? 

Sir W. H Nay, Sir, that the sheriflb ever 
meddled. When 1 was sheriff of LondoD, I 
durst not presumeto meddle, but left the wM^ 
to my lord mayor. 

Sir Fr. Winn. Did you ever know, wl 
the election of sheriffs was ia a oommon I 
that the lord mayor offered to diatorb them. 
the election was over ? 

Sir W. H. Truly 1 do not remember ai^ 
such thioff . Sir Fr.. Wianington, 1 would sive 
you a full answer; I do tdl yon, as it haHa 
been declared, ray lord mayor and aM crm s o 
come into the cotvt, and a report is made ; 
when this is done, they leave the managameot 
of the affatrto others ; we come and sit dowu 
tiH it is done. 

Sir Fr, Winn, To whom do yoa leave the 
concernment ? 

SvcW.H. to the offioers that it bdaaga to. 

Sir Fr, Winn, Who are those oflkers f 

Sir W, H. I naver heard it disputed till joit 
now. 

Mr. Jones, Sir W. Hooker, you have been 
an ancient citizen: Do you remember, thaa 
ever the sheriflii presumed to hold this court ? 

Sir W. H, No, never in my life.— »You may 
confound any man at this rate. 

Mr. WUliamt, Pray, Sir, in yoar tiflM was 
there a poll for sherin inXondon ? 

Sir W. H, Truly not as I remember. 

Mr. Williams, Do yoa remember any poB 
in your time? If you don't "remember a pofl, 
you can't remember who took it. 

Sol. Gen, Pray, sir W. Hooker, do yoaa^ar 
retnember the sherifis appointed the comaMm. 
sk;jeant to take the poll ? 
- Sir IF. H. Never m my Ufe. 

Serj. Jeff cries. Mr. Sword-bearer, I won't aak 
you how old you are : I deshre to know how 
Jong you have been an officer in this city. 



1491 SfFATE 1WALS» $i Ch AftUS n. l668«<Hiiiil #f Wt , /<»r a Jtlol. ' [t 50 



Anxn^fteorcr. llirM umAiweat? yean. 

So}. Je^ I deginto kuovr in aU yoar time 
ip)m» ordoed common halls? Who gare di« 
netai fiir the nunmoaioff oommon hatla? - 

Swar^bemrer, My loramayor always. 

Serj. J^. Did my lord mayor use to tend 
be tfave slMri^ to Imow of them when they 
woaM be pleased to hare a eommon-haU ? 

Smord'b^g^tr. I never knew that the sheriffs 
fidiaterpQae in eallin|f a common hall in my 

Serjw Jeffi Hb. 8word-be«cr, at sneh time 
aathe bosmesB was done, when the common 
$tyer had daneelasva for dissolTing the common 
haUy pray wlio used to ghre these directions all 



Sword^btorer. It was done by the town cleric, 

~ Bsy lord mayor's officers. 
. HkeQ^J^, Did ever the sherifib continue 
the biui after my lord mayor had adjonmed it ? 

Smard'bearer. Truly I know no snch tiiino^. 

Hir. Tkompson* Mr. Sword*bearer, I would 
adEymoBeqaestion : If in case the common 
seneant, or the common ovyer, or any other 
twipgns do pot a question tliat the commims 
waold not have put, who orders tiiem to pat 
tlM lig^ question T 

StMrd-Mortr, I oan't say any thing to that 

Ati. Oen. After the common Serjeant comes 
■paod reports idiat is done, then what dodi 
my hnd majfor do ? 

Smord-beirer. My lord mayor and the al^- 
dorraeD go down to tiie hustings, and it is de- 
ebred by the recorder, or the common sar- 
jeaat, by the order of my lord mayor. — I think 
my Isnl mayor went once down to give them 
some aatiafectioli upon a dispute^ 

SarFnu Wtmu- Mr. Man, during the elec- 
lisB did yoa ever hear them adjourned before it 
vaaorer? 

Smord'bearer. No, Sir; nor never heard any 
•eeaaion lor it 

Mr. Willwmi. The oommon Serjeant affirms 
himself to beasenrantto the .commons, and 
■ot to the lord mayor and aldennen ; have you 
kunm « common sojeant say, he was a ser- 
vant to the commons, and not to the lord 
iHEvor and aldermen ? 

Sword-bearer, I never was in a common 
hdl upon any such dispute, I am with my lord 
mayor. 

Seij. Jf^. Ihave known a recorder repre- 
hadediiy avery learned lawyer, for saying, 
' My masters the aldermen.' 

im Fra. Wirm, I ask you who hath the ma- 
nagement of the common haU in the absence 
ofthemayor« 

Swerd-learer, I am always there waiting 
upon my lord mayor. 

Sen. Jeff. My lord, if your lordship please 
«€ win rest here as to. point of ri^ht. Now, 
my lord, in the next place we will come to 
that fdiich is a more immediate question before 
.yso,andwe will prove the manner of it, and 
tbepevBona thai are guilty ; tor that is the next 
stn wears to go» — Mr. Bancroi^. 

Hr. WiUi€m9. My lord, tbey hare said ia 



tibe information, *That the sheriffs are duly 
dected, for oneyear next following, from the 
eve of St Micluid ; now prove your electaoa 
to be for that yearyou have laid in your infor- 
mation. 

Mr. Thompson, My lonl^ they have cer- 
tainly in fact mistaken, their infomiation. My 
lord, they do declare that the oommon hall was 
held, according to custom, far the election of 
sheriflb, to hold that office from the eve of St. 
Michael, for the year next ensuing ; Now, my 
lord, that is not so in fact, nor never was, ibr 
the election is for a year to commence on 
Michaelmas day. They take on the eve the 
office upon them, bat they do absolutely exer- 
cisethe offioefor a year from that time troa 
the eve. Now my lord, we say, that day is ex- 
cluded, we are sure it is a common case^ it ia 
known very well ; as in a lease, the Habendum 
from any date^ the day of the date is no part 
of that lease, it is exclusive and no part of tha 
term, and therefore, my lord, if they do not 

Erove it as they have laid it, we hope they will 
a nonsuited. 

Sol, Oen. That is another piece of lasr. 

Mr. Hoii. The eve of Michaehnas day, 
we make this objection, and put you to prove it. 

Seij. Jeff. Give us leave to so on'; Gentle- 
men, let us prove what we think fit ; and if w» 
have not made it out, then make your excep* 
tions. 

Mr. 6olt, Mr. Seijeant, I think it is propor 
to put it now, ftr if there be no such electiga, 
there can be no snch riot ; for they have mad» 
it a riotin a special manner. 

Serj. Jef, Mr. Holt, under your fimmr, it 
is not a time now. 

Att. Gen. This is the oddest way ; thes# 
gentlemen take upon them so: I will not 
prove it ; and pray be quiet till I come to ipy 
time. 

Sir F^a, Winn, Pray, Mr. Attorney, if wa 
have an objection to make, if the court pleases 
we may be heard. 

Serj. Jeff. Certaiuly it was never known^ 
that when Mr. Attorney exhibited an is?fbrma- 
tion, to tell us how to prove it. Surely, gen- 
tlemen, yon will give us leave to go on witlh 
our proo^ won't ye ? 

Mr. Mollotf, Mr. Bancroft, How long hara 
you been a servant of the city f by whoae or* 
der was the hall summoned? 

Mr. Bancroft. By my lord mayor's. 

Mr. . Who hath'dissolved them f 

Bancroft. My lord mayor, 

Mr. . IJid yon ever know &e sheriA 

give any order for the dissolving of it ? 

Bancr^. No. 

Mr. Thompfon, Did you ever know it dis^ 
solved before the business was done for whicli. 
they v^ere called ? Did my lord mayor in your 
time cjther dissolve them, or send them going, 
till the election was over. 

Bancroft, I can say nothing to that 

Att. Gen, Mr. Bancroft, I wouW ask yoa 
thtt, Sir; did the sheriffii ever cohtinue iSbm 
hall after my lord mayor had dissolved it ? 



251] STATE TRIALS^ 35 ChauuIL iGB^^TrMcfVumUuPlllcMgimi [t5f 



jBmrro^. No, I herer knew that in my life. 

Sir Fra. Winn, Mr. Bancroft, I would ask 
you a question ; I don't ask vou who calls 
them, or bids them go home ; uuring the time 
of the dectioo did my lord mayor evei' meddle ? 

Bancroft. My lord mayor withdraws. 

Sir Fro, Winn, Who are those among the 
commons, that manage the business when my 
lord ma3ror withdraws ? 

Bancr^. The sheriffs, and the common 
Serjeant, and the common cryer. 
• Sir Fr<z. Winn, Who manages the election? 
who declares the election ? wno declares who 
is chosen ? 

Bancr^, When the election is made below, 
tlien the sheriffs come up, and the common 
Serjeant, and the common cryer along with 
them, and acquaint my lord mayor, and ne ^ocs 
down, and there doth con6rm the election; 
and withal, when the work is dpne he dtssolFes 
the court. 

Mr. Williamt. Did you ever know a poD lor 
sherilis P 

Mr. ^Dumpson, Do you take the common 
Serjeant to to an officer of the commons of 
London, or an officer of my lord mayor's ? 

Bancrcft, I cannot be certain wliat he is. 

Mr. TAontpson. If in caseithe common ser- 
geant differ from them in declaring the poll, it 
IS not usual for the common haD to order him 
to put it up again ? 

Seij. Jeff. Who does make a judgment of 
the election, the common seijeant, or the she- 
riffs ?^Bancraft. The sheriffs. 

Serj. Jeff. Does not the common sei^jeant 
make observation as well as the sherifls ? 

Bancroft. The sheriffs give their opinions 
in it. 

Seij. Jeff, Now, my lord, if your lordship 
please, ff they had done, we would desire to go 
on to our fact ; Ibr otherwise, for ought I per- 
ceive, we shall be in here till this time to-mor- 
row, and they say, we must not adjourn till the 
<*ause is over. Mr. Common Cryer ; hark 
you, Mr. Common Cryer, were you present at 
Midsunggooer day when this business happened? 
Give my lord and the jury an account of the 
carriage then. 

Cam. Cryer. I was there at the beginm'ng of 
the (Section \ I did make proclamation, and af- 
terwards there was a poll demanded, and the 
I)o]l was bq^un, and I went home with my 
ord mayor ; afterwards my lord mavor came 
back again, and there was a nubbub ; nut about 
^^e or' six a dock, my lord qiayor came down 
upon the hustings, and I adjourned the court 
till another day ; I did adjourn it by his order, 
according as I used to do, and then I went 
away wSi my lord mayor. 

Att. Gen. But what usage had you in 
going out? 

CSn. Cryer. I went before my lord mayor, I 
was not with him. 

Mr. WHliatttt. Where was the adjournment ? 

Com. Cryer. Upon the busting. 

tfr. Williams, Were tlie sheriffs polling the 
people then? 



Com. Cryer. I don't know that, Sir. 

Mr. Williams. Were the shenffi near the 
hustings ? 

Com. Cryer. I don't know, I saw them not. 

Sir Fra. Winn. Upon the election of ^em, 
when my lord mayor came to aiQouni the 
court, were the sheriffs acquainted with it t 
Where were the sheriffs? 

Com. Cryer. My lord mayor sent to them. 

Serj. Jeff, Mr. Weston, Phty will you tdl 
my lord and the jury what directions you had 
from my lord mayor, and how he. was used 
when he came out of the hall ? 

Mr. WcBton. My knrd mayor sent me, my 
lord, to the sheriffi under the Lombard-Hona^ 
twice to come up to the council chamber, and 
they told me : One told me he was upon the 
king's business, and the other said he conJd no4 
come ; and abont half an hour after, my lord, 
sheriff Pilkington came up to my lord mayor 
into tlie council-chamber, and then imme- 
diately came down to the court of hustings, 
and Mr. Common Cryer, by my lord mayor'* 
order, did adjourn the court from Saturday tiU 
Tuesday following ; and as we were comiaflp 
out of the hall, when Mr. Common Cryer bad 
adjourned the court, and said, God save the 
Kuig, a great part of the hall hissed ; and, but 
that there were so many honest gentlemeii 
about my lord, I was afraid my lord would 
have come to some mischief ; but coming to so 
into the Porch-yard, I saw his hat off, ana 1 
went to catoh iTis hat, and caught one of his 
officers by the head, that was knocked down or 
fell down, that held up his train. My lord, the 
sword was at that distance, farther than it is 
between your honour and where I stand, and. 
crowded far away; and when my lord came 
out into the yard, Gentlemen, says he, I desire 
you would go home to your lodgings, and com* • 
manded them in the King's name to depart: 
And, says he to me. Pray go you back, and let 
the sherifis know, and tell them I have ad^ 
joumed the court till Tuesday. Upon mw 
lord's command, I went back to let the sherim 
know, that my lord had adjourned the court 
till Tuesday. 

Serj. Jeff. Both of them, both Shute and 
Pilkington? 
. Weston* No, Shute ; the other was by. 

Serj. Jeff. It was in his hearing, was H not ? 

Weston. It was in his hearing. 

^et^.Jeff. Did you see my loM mayor down 
and his hat off? 

Weston, I saw his hat off, sir George, but I 
cannot tell how it came off. 

Mr. Williams. You say, you saw my lord's 
hat off; can you tell whether my lord was 
so courteous to take his hat off or no? 

Weston. I dare sav, my lord did not. 

Mr. Williams. Did he, or no ? I. ask yen 
upon your oath ? 

Weston. • I can't tell that. Sir. 

X. C. J. I can't think that those gendemen 
were so extraordinary civil to my lord mayor, 
that when the common cryer made prodama*- 
tion God save the King, that there alioukl ^ 



liiBiHg ; tbose thai hiss'd were not extnuirdi- 
MTj cbil to my lord mayor, aod 1 believe you 
doo't think so neither. 

Hr. WUiiams, I ask yon a question. My 
kni mayor's hat was off--^ 

L. C /. Ay, and it most be sappose^ it was 
Id co«pliiBent_thQse fine men tnat hissM at 
God sare the 



Seij. Jef, My lord, if yoar lordship pleases, 
I wooM denre to know what acconnt any of 



t53] STATE TRIALS, 35 Charlbs 1L 1683 — §nd others, for a Rioi. [254 

werQ so fond of this man, as that they Rscued 
him from him ; and to Ikx it upon them, we 
will prove they were every one of them con- 
oemed in the riot. Mr. Graddock, What ac* 
comit can you give of this matter ? 

Mr. Craddock, I was standing at the place 
where they polled, aod my lord-mayor was 
coming towanis it to protest againsttheir man- 
ner of proceeding ; and sheriff B^el came 
to me and said, *• Resist him' (I think) « be 
' hath nothing: to do here.' 

SeYJ.Jeff. That was Bethel, SHingsby Bethel f 

Craddock. It was either oppose, or leai^ 
him. 

1^. Gen. He says he thinks he said, resist 
him ; but he is snre it was either oppose, or re- 
sist him. 

Serj. Jeff, Did you see Mr. Jenks there? 

Craddock, I can't say I did : I saw Mr. 
Jenks just as my lord-mayor came down, not 
after. 

Seij. Jeff. Did you see Mr. John Deagle 
there ? — Craddock. 1 did not see Mr. Deagle. 

Att. Gen, How did they use my lord-mayor P 

Craddock. I was not very near my lord ; 
my lord, I stood at the pUce where the poll 
was taking. 

Mr. Tfumqtfon. Mr. Craddock, we desire to 
ask you this question, that you speak particu- 
larly to Mr. Bahel ; was it before my loid- 
mayor had adjourned the poll, or after ? 

Craddock. It was just as my lord-mayor 
cam^ to protest against the manner <^ polling. 

Mr. Thompton. Was the poll adjourned be- 
fore or Bfierf'—Craddock. It was after. 

Mr. WUliatnt. Mr. Bethel, you say he said, 
oppose, or resi^; didhe say it was before the 
poU was adioumed ? 

Craddock. Yes, Sir, it was before. 

Mr. Williams. Can you say what the words 
were? 

Craddock. It was either oppose or resist, ^ 
he bath no authority here. 

Serj. Jeff. Which is George Reeves? Mr. 
Reeves, Pray will you tell us what you did 
observe done at this time by Mr. Pilkington^ 
or Mr. Shute, or any person else ? 

Mr. Reeves. I came about 4 or 5 o'clock to 
the polling-ptece where the coaches use to 
stand, and 1 saw the sword up ; I suppose my 
kird-mayor was there, and came to stop their 
proceedmgs in polling; wid" there was a great 
contest among them; some saying. He had 
nothing to do there: He hath no more to do 
than 1, says one; another cried. Stop the 
sword, stop the sword ; and I jaid hold or him, 
and got him a little way, and made account to 
have carried him to the sheriffs, and the lord-. 
mayor, but somebody got him away. 

wetj.Jeff. What did you observe Shute and 
Pilkington do ? 

Reeves. They encouraged the people to poll. 

Mr. Jones. Aftier my lord- mayor was gone ? 

Reeves. Yes. 

Mr. Jones. Pray you. Sir, did you observe 
either MrJ Shute or Mr. Pilkington encourage 
t^e people to hollow, or shout, or tiioae things f ^ 



can giye of die opinion they had ot the 
king, to be sure they had a great opinion of his 
eseatative: But my lord-mayor, I ind, 
ao extraordinary dvd, that to this rabble he 
rt not' only pnll off his hat, hut fling his hat 
IstfaegTOimd to them. 

Hr.Thompson. I ask yoo whether you know 
lh«t any of toe defendants in t^is intbrmation 
did throw nay lord-mayor's hat off, or no ? 

Wegton. ican't say that. 

Serj. J^F-}^ is not a farthing matter. 

Sir Fr.Winn. Here is a mighty riot upon 
diehat. 

Weston. Now I desired them to keep back; 
my Imnd mayor's friends did press back as 
jBttch aa they conld, to preserve my lord- 
mayor; they pressed more forward, as the 
eter kefH back, and I desired them to forbear, 
nay, commanded them in the king's name, and 
mposk their peril, and took my cane to strike at 
ffliiM* of them. 

Mr. WUiiamsi Did you? 

Sea^Jeff. He served them well enough. 

L. 0. X He did so. • Do you think a roa- 
gistrale ia to be crowded and pressed upon ? 

WeMiom. I struck at them, and said, gentle- 
men, keep back, and intreated them and com- 
manded tnero, and all would not do. 

Sen. Je^ I would only say this, Mr. Com- 
mon Serjeant ; What did you hear when pro- 
damatioo was made to depart ? 

Com. Serj. My lord, I was not in the hall 
when proclamation was made; but I heard 
them cry out, * No God bless the king;' and I 
hevd them cry out, * Down with the sword ; 
^ No lord- mayor, no king.' 

Mr. Williams. Can you name any person 
dial said this? 

Com. Serj. My lord, I laid hold on one man 
diat cried, < No ^Giod save the king; No lord- 
mayor,' aod the rabble got him mm me, one 
tool I beard say so. 

Mr. WiUiams, Mr. Conunon Serjeant, you 
say you beard this; can yon name any per- 



Com. Serj. 1 tell . you 1 caught hold of him, 
aod the rabble got him from me. 

Mr. Williams, Can you name any one? 

Com. Sen. lieUyon I cannot. 

8ar|. Jejf. My lord I hope that vrill not much 
prevail in this place ; but I hope it doth justify 
my lord-mayor for endeavouring to disperse 
the rdible that came together to that height 
when the king was prayed for, to cry. out, * No 
'IsB^, No Iwrd-mayor.' And we don't give 
dm m evidence agiunst any one person, for it 
Wdoqein « tamultaoai loaimer ; but tb«y 



tSS} STATE TRIALS, »5 Chablis IL iSHS.'^THal of Thomui PUkmgtan [25V 



Remei, No, Sir. 

X. C. J. Hinrk you, friend Keeves, bark 

goa, How do you know that PSlkitgton or 
bote were poUingf ? Are you sure tbey were 
polling alter my lord was gone ? 

Keetef. Tbey were at the poUinff-pkoes, 
«nd th^ did not go away a great wnile after 
tbat. 

L» C.J. From the people tbat were about 
tbem?— Jte^ff. No. 

Sir Fra, Winn. We agree it; in fact it 
was 80. 

Ait, Oen, Richard Fletcher, pray will ton 
giye the court an account of what they dicfp 

8erj. Jeff. John HUI, what did you obser?e 
there? 

Mr. Hill. About five o^clock my lord mayor 
came to the hall ; there was withbim then sir 
James Edwards, and sir William Pritchard, 
now lord mayor, to the best of my memoiT» 
and be told them he disliked tneir poU- 
ing anymore; and there came a tall black 
man i says be, Mr. Sheriff, go on, it is your 
business, we will stand by you : about a quarter 
cf an hour after my lord came out of the hall 
to the great crowd, some of the people hissing, 
and some making a noise; and one came to 
the sberifls, and, says be, gentlemen, Why du 
not yon make proclamation with O yes f And 
thMr continued there till towardi eight o'clock. 

oeij. Jeff Did you hear no officer adjourn 
the JDourt ? 

HUI, My lord mayor went home, I saw him 
within doors, and I came back again. 

Att. Gen. Was tho'c no prodamation made 
afterwards? 

Hill. By some of the officers, but I did not 
take particular notice. 

Att Gen. Who did yon see here after you 
went home with my lord mayor, and came 
back again? 

Hill. I saw here Mr. Robert Key for one ; 
and 1 saw Mr. Goodenough come m between 
eight and nine here in the hall ; and my lord 
Grey came in^ and several other gentlemen. 

£. C. J. What did tiliey do when they 
came ? 

Scij. Jegf. Hark you, Hill : was my lord 
Grey an^ Mr. Goodenough, and Mr. Key, 
were tbey among the peopfe ? 

Hill, Afto the sherifls came up, they went 
into the Orphan's court ; Mr. Goodenougti came 
in and out ; and my lord Grey went in to them. 

fki^.Jeff Did tbey appear among Ibe people 
tap and down in the hall ? 

Hill. They went through the batt to and fro. 

Sir Fra. TVinn. What was the Christian 
aame of tbat Goodenough ? 

Hill. 1 knmv hira ; be tbat was under- 
aberiffiast year: I know him well enough, 
and he knows me ; yes, that is Mr. Good- 
enough P 

Lc^ Grey. I desire to ask this witness a 
question, my lord. 

In C. J. Let your counsel ask, my lord. 

Seij. Jeff. I desire to know another ^eatioD, 
Did you loa Mr. Coraish ? 



Hill. I saw Mr. lilderman Cmfniftb walk in 
the hall ; but 1 cant tell whether be went 
into the room or no. Ailer my lord was gone, 
be did come up into the mayor's eourt, and 
t:ame through among the people. 

Mr. ThM^eon. Hill, yon speak of my lord 
Grey ; upon your oath did you see my lord 
Grey walk to and fro in the ball, or only cane 
thorough P 

Hill. My lord Grey came in at that gate, 
and went thorough the hall, and went m to 
thesherifis. 

Mr. Williams. I would ask you this opon youf 
oath. Did you see him do any thin? more ? 

Hill. No ; I was there to disoharge my 
office. 

Lord Grey. My lord, 1 own my bsmg there ; 
but only desire to ask a question that will cleaf 
this matter. 

Mr. Hill. I saw my lord Grey come ap to 
those stain, and he went into the Orphan's 
court. 

Sen. Jeff. How long might that be after 
the pbll P 

Hill. Afler the sherifls came up, I belieye 
it might be half an hour, or a quaitar of all 
hour, near an hour. 

Mr. Williams. Did you see my lord Grey 
do any thing more than walk P 

Mr. Hill» I saw him come to the Orpben'l 
court, and they would not open the door at 
first ; but they said it is my lord Grey, and 
then they let him ill. 

L. C. J. Your own counsd is asking, my 
lord ; I am willing you sbouki adc a questioB 
if your own oounael will let you. GentlenMO, 
my lord wooM ask a question himself, and yon 
won't let him. 

Lord Grey. My lord, though I do not know 
this gentleman at all, yet I wul yentnre to ask 
him a question. Pray, Sir, did you see Bie 
speak to any one man P 

HilL I bare answered tbat already ; I 
say not. 

Lord Grey. Were the books brought from 
the polling place hj the sherifls before I oamif, 
before that I went in there ? My lord, I was 
there, and shall give you an account of it. 

L. C. J. It had been better, my lord, if yon 
had kept away. 

Seij. Jefi Kletcber, pray will yon tell my 
lord and the jury, what yon obsenred that day 
here, after my ford mayor was gone, and had 
a^joivned the court ? 

Fletcher, On the 84th of June I was here 
by order of sheriff Shnte, after my lord mayor 
had adjourned the court, and it waii to call alt 
men tbat were to poll to come forward, for the 
books were to be shut up, and'^ I went away 
immediately ; I was yefy hot, and went away 
to the Three-Tun tarem. 

Serj. Jeff. Did you see Mr. Shnte there P 

Fletcher. Mr. PiUdngton was there, Mr. 
Shute too. 

Serj. Jeff. Can you name any body else P 

Fletcher. No ; I can name nobody else. 



was almost 



tt7] STATE TRIALB, SS Chakubs It. 'l6aa.— W M&s;far a ttM. [1258 

..Serj. J^ Whodid you aeetliere P 
Major Ae^. Indded, Sir» I wi 
down, and did not see tbeir laces* 

S^'j- J<# Mr. Trice Haromon, I would only 
aak you, who did you ^e, who did you obaene 
to be there ? 

Mr. Hammon. About nine o'clock at nighti 
or something beibre, I stood at the door that 
leads to the common pleas*, and there came 
in aldennan Cornish and Goodenou^b, and old 
Key, an old white-haired man ; and by-and-by 
my roaster sheriff Shute came out and told me. 



fhtcker. He ordered me 1o makfc i^roda- 
nlioii for all nMn, them that had a right to 
poll, to come and poll, for the books were to 
beshi^iipl ^ 

Seij. Jef. Captain Claris, pray will you g^ive 
aacoovratofwDatyon obsenredf 

Cant. Clark, I came down into the hall, and 
I dU hear a whispering, whereupon I went to 
Mid my lord mayor ; my k)rd mayor came 
2»wn upon the hustings, and proclaimatipn was 
mde fiwr theadjoomiuentof the court ; where- 
upoBi when proclanoation, God save the king, 
ms n&aie, an hundred, &c. I believe more, 
hist at that; 1 ludhokiof one of them, No 
kbg^e-nsD^ no sword's-man, cried th^y. 
Sirnh, you are a rascal, and a traitor in your 
heart, wd I,vaiid kid 'fast hdd of him ; but 
there was a very great crowd ; and says one 
or two. For GocFs sake, captain Clark, do you 
gaud my lord ; there was Mn. Weston and 
raafor Kebe^; my lord, said they, is in 
iaaqger ; said I, Gentlemen, keep by him, or 
flohe^ore, I will be in- ywtt rear guard. My 
Mrd mayor was down upon his laiee, I can^t 
Mtboiw liet»ne down ; Press on, press on, 
thlB wSB tfae cry, and God save the sheriffs. 
%StBt coning' down the steps, [ pressed as near 
as I ooold to my lord ma^For, to seep them off ; 
Now, said ly mis b the time to keep the rabble 
0^ now laee about ; I bad my sword in my 
hind, and with the pommel of my sword kept 
them off ; Before God, said I, I will keep yon 
off; and M I waited on my lord home, and 
went and drank a . fflass •ot sack. About an 
lioar or two hours afterwards, I came down to 
the hall and Ibund the people shouting, God 
save the ^eriflh, God save the sheri^ : what 
BOtfamg, said I, of my lord nmyor ? But, said 
I, this is not a place to quarrel in, let its not 
^[Otfrel togetlicr. I saw the sherilfe Pilktng- 
toB and Shute were concerned in carrnng on 
the pofl, sffid dkis they continued to do for some 
time; at last, I ana weaiy of the hail, said I, 
I idtt ffo home ; and this ^as between eig^t 
md nine o'clock. 

8ei3. Je^ Canyta remember any Ibojy else 
besidea the aheriifs ? 
Ck^ CUrk, No, Sir, I cannot. 
8e^. Jejf. Can vou remember sir Thoinas 
Ftqra^?— Capt. Clark, No, 1 can't. 

Mfj. Jeff. Captain Clark, did yon know 
^rer-a-one. of them that cried out so ? 

Capt. Clark', Ko^my tord, I was before sir 
Robert Clayton. 

Seri. Jeff: Bfigor Kebey, Pn^ will you give 
mtf lord and the jnry a.n aeo^nnt of what you 
saw on Midsummer-Day ? 

Mmot Kelaey.^ My lord, when iny lord came 
out cvthe court, I went after, and some cried, 
Sum him, stop him ; but I got between thein, 
aadsbme of my iord^s iriends kej^t them off; 
bat when we came just to the gomg out, they 
gave a shoot, and 1 saw my lord mayor's hat 
upon his bads, and I cannot tell whether he 
ftoodied'tfae ground with his hand, but I was 
even almost down ; said I, Gentlemen; do you 
iBteadtemindarmy tod mayor? 



I shall give you all satisfaction by-and by. 
God bless you,' Mr. Sheriff, said I; and be 
went again, and there I staid till they came 
out, and then he went up on the hustings ; and 
I went along with him Tihen he came out. 

Seij. Jejf. Who went with him out to go to 
the hustings ? 

Hammon* Bit l^illiam Gdlston, atid several 
other men ; there is neter a name in the in* 
dictment more. 

Seij.JTey^ Noneof them that are in' the in^ 
dictmfnt ? Name them. 

Hamman, I have named them. 

Serj. Jeff. Prithee name them. 

Hammon, Mr. alderman Cornish, both the 
sheriffs, my lord Grey, Mr. Goodenough, and 
old Mr. Key. 

Mr. Tfumpson. Which Goodepough f 

Hammon. That Mr. Goodenough that standb 
there. 

Seij. Jeff. There is such a noise, that I did 
not very well hear that word* 

Hammon. Goodenough ; not that Good** 
enough that looks upon me* hut he that stands 
beliind. 

Serj. Jeff. He falhi behind now, but ho ran 
c^-and-down 1)ien ; and alderman Cornish 
was there loo^ 

Mr. Jonts, Yon witness, yon have named nil 
these men ; what did Shute do, or what did 
he say ? 

Hammon. When he came upon the hustings, 
he made proclamation himself , because one or 
two refused it,' he did it himseS'; and after a 
while he adjourned the eomt upon the hust* 
ings ; this was on Midsummer-day. 

Mr. Jmti. What did he say ? 

Hammon, As the commpn cryer usually 
says at such times. 

"Mr. Thompson. You say you saw Mr. Good- 
enou^, and you saw my lotd Grey; updn 
yoni: oath, can you-say they did anything, or 
was any thing<{one in abuse to my lord mayor f 

Hammon. They did not tell me, my lord, 
what they did. 

Mr. *]!homson, 1 ask you what did they do ? 
X. C. J. Mighty busy they were. 

Mr. Thompwn. How long was it after niy 
lord mayor adjourned the court ? 
Hammon. About two hours. 
Bcr^.Jeff. So much the worse, 
i;. C. / You must miderstaad it was some 

* The same place which beibre was called 
Ae Orphan's court. 

S 



259] STATE TRIALS* '35 Charle* II. ' 16».— Trwif of Th^mi 



m [269 



time bcfote Mr. Sheriff bad mad« kw adjourn- 
ment, they >vere busy till that time. 

'Serj. Jeff. My lord, if your lordship pleases, 
I do agree with Mr. Thompson that the 
jury should remember that this was two 
hours after my lord- mayor had adjourned 
the court. ' 

Lord Gretf. I desire, my lord, 1 may ask 
him some jquestions. You say you saw me 
go to the couiu-it chamber, at what time, and 
who went with me ? 

Hamman, A little before candle-light. 

Lord Grej/, You say all the company went 
out with the sheriffs, and went away. 

llammon. My lord, I did not say yott came 
out. 

Att, Gen, My lord was of the upper-bouse. 

Mr. Thompson, Yes, and may be there 
again ? 

Lord Gre^, I hope I shall be there, Mr. 
Attorney. 

Att, Gen, It had better you had been so 
then, ray lord. 

I»rd Grey, It will be the worse for you : I 
shall not lie perdue tor you. 

Att, Gen, If you tlireatenme, my lord, 1 
'ShaUtake notice of it. My lord, I Itave done 
you a kindness ; but if you come under my 
nands again I shall not do it. 

L. C. J, They would not have it said, God 
save the King ; and, my lord, you were with 
some of those that abused him. 
' Lord Grey, After it was over, my lord. 

Att, Gen, . You were not within your duty 
here. 

Lord Grey. My lord, it was after the poll 
was closed. 

Serj.. Je/f. My lord, Idesire, ifyoujplease, 
what is usual in all causes, that we might go 
on without any interruption. Let us go on 
for the king, and then make all the defence 
you can . Do not think either to biss or threaten 
us out of our cause. Mr. Hi^gins, give my 
lord and tbe jury an account of what you saw 
or heard. 

Higgim, My lord, I attended with sereral 
. of our company by my lord-mayOr's coach to 
Guildhall^ and was in tne oouncii-chamber, and 
iie sent for the sheriffs ; and after that he went 
away ; and when God save the King was said, 
•aid they, God save the Protestant Sherifls. 

Serj. /<s^. I desire to know, Mr. Higgins^ 
this, what they said ? 

Htfgtiu. They cried, Down with the 
8word. 

Mr. ^Aompson. Mr. - Attorney is making 
« speech to us, I do not kno«v what he hath 
' said. 

Serj. Jaff. I do not think Mr. Attoniey 
thinks you worth a speech. Mr. Higgins, 1 
desire to ask you a qoestion, I ask you diis 
i^estion upon your oath, after the adjourn - 
fiient of the court, and after this very inaelent 
. behaviour of some of the rabble tnat were 
there, for I can call them no better, who did 
: J9a see there? 

Sissint, After I went hoinei I ireot to nee 



my lord sale home, and can^ back Again; I 
saw one Freeman, that they call the Protestant- 
Cheesemonger, calling, T% poU^ to p^^ 

Seij. Jeff. Pray who else did you sec ? 

Higgin9. I saw aklerman Comidh come op 
towards the sheriff's : Gentlemen, said be, Yoii: 
are doin^-right 

Serj. J^ Did you hear Mr. Alderman Cor- 
nish say BO : What, tliis gentleman ?. Do yoii 
knowjiim? 

Higgins, Says he to sheriff Shute, Yos^ 
shall nave all rieht done to you. 

Serj . Jeff. W no else did ^ou see there ? 

Higgins. I saw Mr. Swinock. 

-Serj. Jeff, Did you see Mr. Key? Did yop 
see Mr. Piikington ? . 

Higgins. I did not see Mr. PiUdngton : I'v 
saw Shute. 

^^j' *f^ff' Did you see Mr. Jekyl? 

Higgins, Yes. 

Serj. Jeff. Which of them. do you meanf 

Higgle, TheeUlerman. 

Serj.Ji^. There, is JohnJekyl the elder, 
gentlemen ; and John.^ekyl the younger. 

Higgins, I was disputing with a feUow that 
his toes came out of his shoes, and bad a green 
apron ; Said I, Are you a livery-man ? Yet, I 
am. said he. Surely, said I, they do not use to 
make such as you are livery-men. Says Mr. 
Jekvl, He may be as good a man as you, for 
auglit I know. That was about half an bout 
aft«r my lord -mayor went home. 

Serj. Jeff. What time was the adjonrft* 
ment? 

Higgins. About five or six. I wasspeokiag 
sometnmg, You are all in a riot. This is m> 
riot, says Mr. Swinock to me; I can never 
meet you, but you are railing against the kin^a 
evidence. 

JL. C /. The king's evidenocy what wao 
that? ; 

Mr. Willianu, What was done by Mr. 
Jekyl ? 

Siggini* He> was talldng un^aig the peo- 
ple. 

Seq. Jeff, He ^ encourage . amoog tbe 
rest.' 

Mr. WilUmu. You are in a paauon now. 

SeQ. Jeff, No, Sir, I am nU. 

Hifginsn He seconded Mr. Cornish wheft 
jheslud. Insist upon your Rights. 

Serj./e/. Who did 80? 

Higgins. Freeman, my lord, that they cell 
the Protestant Cheesemonger. 

Mr. WiUiams. A very pretty word indeed. 

S^. Jeff. Aye, so it-is ; ne is^^ celled ; yoa 
will ffive US leave to hear what the witneai^ 
speafs 

Mr. Williams. Another epithet would do e 
great deal better. 

Seij. Jeff, William Bell, what was done npoa 
the spot ? Was there any hurt ? 

Mr. WlUianu. Do you say, upon your oath, 
that gentleman ufas there ? 

Higgins. 1 have seen him in the balcony. 

Serj. Jeff. He says, he uses- to be there upon 
public days in the coffee-bouse.— BeU^ I wov^tt 



161 J ' STATE ntlALS^ 35 Crablss II. iSSS.'-^Mi &thir$yf&r a Rid. (263 



iesm to know of you, wlietber you are able 
to give an account after my lord -mayor's ad^ 
jbarmnent, who was there? Name as many 
pemms asvou can. 

BelL Mr, Bethel ; and I saw Mr. Cornish 
go through the little gate into the yard. 
Sen.Jdf: Who else? - 
Bell. That is all, Sir ; sheriff Pilk'mgton de- 
fiirered two poll books into my hand. 

Ait. Gen, Mr. Vavasor, win you tdl my 
lord and the jury what you saw ? 

Vavasor. It happened thus : Mr. Hammon 

Ind takite a man upon execution, who was bail 

ior ff cKent of mine who had paid the monies 

lofDfi^ before ^ upon that I came to know who 

employed lum ; and coming here, I fmiud Mr. 

'Hamnum in that place, and the croud was so 

great, Do not go back again, said he, for you 

will go near to be abused. Whilst I staid 

there, I asked him what was the meanmg ; 

^ys he. In this room are the sherifls and 

some othtts casting up the poll ; and whilst I 

staid, tfiere- came in Mr. Uooifenough to and 

fko from them^ and before they would admit 

any, tl&ey would know dieir names ; there 

was Mr. &ey, my lord Grey, and sir William 

Gabtoa. 

Att. Gen. What afterwards? 
Vaoator, Yes, Mr; Cornish was there ; he 
and sheriflPSbute came out together, and they 
went upoA those stairs under the clock. 
* Att.Gen. Who came out with sheiiffShute? 
Vavator. Cornish.- 
Mr. WUUam. What Corai^ ? 
ViOMisor. Alderman Cornish. 
' Mr. WilRams. Very mannerly. 
' Be^.Jeffl His name was Cornish before he 




Vemuor. And sheriff Shute told the people, 
If they would stay a Uttle time, he would give 
Hxm safisftction. Upon that, Mr. Cornish 
went throagh the company ; and when they 
came to tfie husttng, Mr. ^ute ordered procla- 
mation to be made, and tokl them, Whereas 
my lordrraayor had taken upon lum to adjourn 
at nine o'^ock ; We the sheri^ of Ijondon and 
Middlesek, beinff iht proper officers, do ad- 
jooni it to Tuesday at nine of the clock. Upon 
thai an ancient ffeaOitaaan desired they might 
prodaim the election. Thai says Shute, mat 
1 eaniMA do it now, for we have taken very 
good oouBsel fat what we do. Had it not been 
hr Mr. Hammon, I had been, I believe, trod 
md^ foot snflwwntly. 

Serj. J^. Mr. Denham, who did you see ? 

Da^m. I saw sir Thomas Player, and Mr. 
Jenks. 
' Serj. J^. Where did you see them, pray ? 

Denltam. In the yard. I went hdme with 
lay knrd-inayor, and then I saw them. I had 
isiindoCglttioe, but I cannot swear positively 
4» MBr. Jenki. 

• 803. Jef. Sir Thomas Player, and Mr. 
Jaks, whatdidyou see them do ? 
■ 8irjPr. Winn. Havkyou, fnend,whti«wa8 
•Xyni saw Uiem ? 
' i^MA««. in tlie yard. 



Sir Fr. Winn. What did you see them do ? 

Denham. Nothing at all. 

Seij. Jeff. How ma^y people might there ba 
then ? Two or three hundred ? 

Denham. Abo\ e a tbousandf 

Mr. Willicms. What did you' bear sir Tho- 
mas Player say ?'^Denham. Nothing. 

Mr. WiUiams. How far was he from his 
own door ? 

Denham, On the other side of the hall. 

Mr. Williams. A mighty way indeed, a 
mighty thing. What said Mr. Jeuks ? 

Denham. I cannot say, Sir, that I beard 
him speak a word, tmly in the tumult. 

Sir Fr. Winn. Friend, I ask you this ; I 
think I heard you say, you saw sir Thomas 
Player aiid Mr. Jenks in the yard, but you 
did not see them do any thing at all ? 

Denham. No. 

Seij. Jeff. Pray, Mr. Farrington, will you 
tell my lord and tiie jury what you saw after 
my lord -mayor had adjourned the court ? 

Farrington.^ I saw there Sheriff Pillnngton, 
Sbute, sir Thomas Player, Mr. Wickham dio 
scrivener in Lothbury, Mr. Jenks, Babiugton, 
one Jennings an upholsterer. 

L. C. J, Sir Thomas Player you say in the 
first place ? 

Farrington. Yes, and Wickham, mylordy 
a scrivener in Lothbury. 

L. C. J. Who then f 

Farrington, Sheriff Pilkington and Shute, 
and Mr. Cornish, alderman Cornish. 

S«j«- Jeff. Did you see one Deagle there ? 

Farrington. No, Sir. 

Seij. Jeff. Wickham you saw there ? 

Farrington. Ay, Sir, I know him very 
welL 

Mr. Thompson. What is Wickham's chris- 
tian name ? 

Seg. Jiff. John ll^kharo, he goes by that 
name, it may be he was not christened. Was 
Jenks there, do you know him ? 

Farrington. The linen-draper. 

Serj. Jeff. Ay, very well, he goes bv tho 
name of Francis Jenks. Did you see Jdcyl 
there ? 

Farrington. I don't know the name ; I saw 
a great many I knew by sight, but not their 
names. 

Mr. Holtk What did these gentlemen do? 

Farrington. V\\ telWou, Sir; therewas sheriff 
Pilkington and sheriff Shute, I went in where 
they were taking the poll ; said I, Gentlemen, 
my lord-mayor bath adjourned the court, what 
do you here? I suppose it ties in my lord- 
mayor's power ; if it lies in him to call, cer- 
tainly he must dissolve. 

Mr. Williams. You argue4l thus. 

Seij. Jeff. Pray give us leave to go on. 

Farrington. Tl^re was Mr. Wickham, and 
says he. My lord- mayor hath nothing to do 
here, neither will we be ruled bv any of your 
tory lord-mayors. This is not the first asper- 
sion, said I, that you have cast upon a geim&- 
man that loves the church and the eovera- 
ment established by law *, and they fell, afaoul 



Sd3] STATE TRIALS^ 35 Ctf ablb» II. l6S3^7ripf ^f J1iom» PUkk^km i^€^ 



me, and had it not been for Mr. Fletcher and 
iir. Hill, I believe they had done me a mis- 
chief; for they trod upon my toea ; who did it 
I can't tell. 

8erj. Jejf. But you say sir Thomas Player, 
and PiUdngUm, and alderman Cornish; were 
araoncst them ? — Farrington. Yes, Sir. 

Scr|. Jegr, That's enough.— Pray Mr. Cart- 
wright, will you tell my lord and the jury 
what you observed there, and who'was there. 
• Ctu-twright. I know the names of no persons 
that were there ; . all I can say was this : As 
90on as my lord- mayor adjourned the court 
upon the hustings, he came down, and going 
out of the hall, he had like to havebeed thrown 
down, had it not been for Mr. Shaw; and 

King to save my lord- mayor, J wrenched my 
ck, and I spit blood for 7 days aller. 
Saj,Jeff. Tell that, Mr. Cartwrigbt, over 
•gain; 

Cktrtwrigkt. My back was wrenched in sav- 
ing my lora-mayor, aod I spit blood 7 days 

Serj. Jeffl £ndc?.vottring to save my lord- 
mayor his back was so wrenched, that ne apit 
blood 6 or 7 days after. Hark you, Mr. Cart- 
wright,- ever smce that time have you found 
any indispositTon ? 

Cartwright, I b«v« BOt boen my ovm man 
since. 

Mr. Williams, He took a surfeit, 

Seij. Jeff'. He took a surtint of ill company 
I am sure, 

Sol, Gen, Mr. Shaw, give my lord and the 
jurv an account of what you know. 

Shatv, My lord, my lord-mayor sent to the 
flheii£%, aitd orde^^d them to ioibear polling, 
and come up to the chamber, and sent two or 
three timea ; bi|t they denied ooming to him, 
and west on and ordered the Common Cryer to 
make proclanMtion for them to depart ; aud if 
ih^sy staid, that he would look upon them as 
rio^rs, and there was hissing and agreat deal of 
crowd ) and there was sir James £dwards in the 
court, they huucheQ him with their elliows ; and 
M hia.lordship came down, going down tlie steps 
there was such a crowd, that If I had not 
catched his lordship in oiy arms, be Jiad fallen 
upon his forehead, and his hat was off. 

L. C. /. Who did you see so misbehave 
Ihemselves ? 

Shaw, My lord, I can't tell. 

Serj. J<?^. I tliink we have now proved it 

r'nst every body. we design, save only against 
Dea^e; for we do not now proceed 
r'ast Dorman, Newman apd Benjamin 
p. Now, niy lord, we will only prove 
agamst John Deagle, and then we shall have 
done. Mr. Kemp, will yon tell my lord and 
jury vrho you saw here? Did you observe 
^y particulars after the court wiis adjoumed P 

Kempy I doQ't reniember I observed any one 
plan. 

Ba^.Jeff. You don't f Had you any dia» 
paoTwt witn Mr.Deagle at any tuneT 
Kmp, Yea, I h4d. 

S<Br}. /<# Wbitiiidhe teU yo^t 



Kemp. He did oonfesa ha was there aJbout ^ 
o'clock at night. 

Serf. Jeff. He did own he was amoDgst 
them P 

Kemp. Yes, with alderman Cornish. 

Serj. Jeff, \Vhat say you, Mr. Rigby ? 

Ri^hy. I saw him aliout 7 o'clock. 
. Bei^.Jeff, Was he in the crowd ? 

Rigby. Yes, amongst the people. 

Serj. Jeff Here is all now, g^enlleiiiesi, buT 
Dorman, Newman and Beiyamin Alsap, an^ 
we don't go ugainst them now. After thev 
had doneuis, and hissed at the king, and cne^ 
No king^, no lord-mayor, what acdaoiatioiui 
went these people off with ? 
' Hammon, When the court was hfokit V9 
by the sherifis, they cried, ' God save our true 
' Protestant shei-im ;' and in that manner they 
hollowed us. 

Serj. /(p/^ What say you? 

HammoH, They hollowed us home, Sir^ a» 
&r as Fishmonger's-hall. 

Seij. Jeff, They began with a hisa,and eiids^ 
with a hollow. . ;- 

Mr. Williams. Gentlem^, 1 am o^KfiM^for 
the defendants ; and, my lord, the qjaeatioa is, 
under favour. Whether tfaestf persbns taken ^ 
defendants, whethey they he giulty of this 
riot, as it is laid in the information. We are 
now upon a special case, and the aueition is, 
Whether Goihy, or Not GuUtv ? M^y k>rd, ia 
the first place, tor the cries ; what the ciy was 
hath been too often mentioned ; fpr those c^es, 
there, is nothing at sdl fixed unon any person 
that is defendant ; all th^ ia cnarged opoi^ oi, 
is, that we were in the ^1 it seenos, and be-^ 
cause there was this noise heard, therefore we 
must be guilty. In this crowd w^e we ai% 
I hear hissin^^ especially at th^ other tp^ of 
the hall ; which of us are conoerneiii in it, is |i 
hard matter to judge ; it is % bard matteiv 
and it were very well, and it h^ul l^ean very 
happy, if some of those persons ^ad been 
apprehended for their hissing. I wiQ no^ 
sav, ^fentlemen, that either one p^y or the 
oth(;r m the ctmtest made the noise o^ nissing, 
but there is nothing of it fixed upon any of us. 
Our case is this, my lord, with favour ; vhen 
we have stated our case and proved it, we arp 
very innocent, and not guilty of the riot, {a 
sQipoe measure it hath been stated on the other 
side. They say in the Informat^, that the 
lord mayor called a common hall ; we do nol 
dispute that matter, we. ap-ee it, ^at the Utti 
mayor of London is the bng^s lieutenant; but 
to make such an inference, Th^^t because the 
lord mayor is the king's lieutenant ip the ci^ 
of London, that he must execute all the offices 
in the city, is of no cnedit in the world; sa 
that they are mistaken in thet. Men ^ra 
boun4ed in their offices. The lord miiyor dpes 
not execute all the offices in the city tbongh 
he be lord mayor. The question between as 
is this ; Whether the shenfls, in this case, did 
more than their office as sheriffs <Mtthe^ciil^ of 
Ix)ndon. There is a superiority due lo tJh^ 
tord major, AftoAir tluiig ve .9fpB» v^ 



265] &TATB TRIALS, 35 Chauxs II; iS^S.-^mid oikers, fpr § KM. [t66 



then ; we agree h k in tbe lord nuMror only to 
cdl these oommon haUe, and as lM(f . Sei^eaDt 
Jefferies, tbat hath beeo in a good office in the 
dtj, be i^^rees U lumself : and it is appaireDt, 
there are some fixed days for election ; oat yet 
lheii|^h diere be fiiced days for election, yet 
there aiast be that formaiity of a summons 
fxomtheUwd mayor to the city, to meet in 
order to the election of sheriffs ror the city of 
London and other officers \ that we do agree 
that my lord mayor hath the power of caUibg 
oomnioo halls, and he is the proper officer. 
We agree also, |pendemen, thai when the 
LM«n<'« is done, tor there is nothing in vain in 
Bitare, and there is nothing in gOTemment 
that shouid be in vain, when the business is 
done, my lord mavor is to bid tiie company, 

* Fare muk weU,' which you may call dis- 
chaigmg' the oommon hall ; we asree that to 
be comnMN^ and usuaUy done hy nay lord 
mayor. Bot herein we iafftt^ which we are 
to try, the right of the office of sheriffii beinff 
the qaestMO ; it is a question of right, and I 
dp not see the government is coiioerned one 
way or other. 

jL C. J. Upon my word I do see it ; and 
sarely you must be blind, or else you would 
see it too : when a company is got together, 

* No God save the king I No ki^ ! No lord 






p 



Mr. Wmiams. My locd, I tlymgM I kad 

Speiied it plainly, I speak before, a great many 

peo^; 1 desire, my lord, this may be very 

weD heard. 1 tibooght I had said, veiy well, 

finom all these noisea and cries we are all in- 

■oecst, we justify nothing of it, onlv we would 

have been glad if Ihej^ had apprehended any 

man that made that noise ; it had been a very 

happy thioff if one of them, or all ef them had 

been defenoanlB |o be tried. My dients are 

defendaatSy they are innocent and nnconcem- 

ed ; it is a crime committed by some where 

these s^tlemen were by, but they are inno- 

eeat; we hesr Jbi8Sing[ at the other end of the 

room, it was an iU thing, and ^a treasenable 

eomplexioD; but for these gentlemen they are 

uneoneemed. The question between the lord 

mkjfx and the sherifis of the city, is a ques- 

liaik of right between the mayor andsherifis, 

Wheduer it be the prerogattve of the mayor, or 

the rigfat^of the sheriffs ? And I say, un^er 

esfceclion again, this question, VHiether my 

Wd mayor of Undon may adjourn the com- 

BMm hail to a certain day, is a question of 

eight ; Whedber he can do it, or the sheriffs P 

aai I do not see what consequence it can have 

upon the government. The lord mayor is the 

king's d^utv, the sheriffs they ar^ the kind's 

gffioeis; and the question is, Whether it oe 

lathe lord may 01" or the sherifl^ of London to 

adjoom it ? They are very good subjects, I am 

nre this very year they are so ; therefore I 

wsoder at thi»e gentlemen of the king's coun* 

•di 4iat will me&le with the gOTemment, and 

say the gDvemment is oonoemed m this; I 

sjifeal teany man if thece ha: any more oon- 

^am^diia^ I sa^ tbi?, httevca»»isMiMiioa 



hall caUed, gvound^ n^n custom ia the fii^ 
of liOndon, and here is a single question,. Wha^ 
ther these sheriffs did any more thsia theiv 
duty; whether they were guilty, of a riot in 
continuing this poll ? Gentlemen, this is the 
method we shall take. First of all, it is not 
proved, that ever the lord mayor, before this 
time, did ever attempt to adjourn a eommoa 
hall to any certain time ; all the witnesses that 
were called, that preleiMl to be knowing ia the 
customs of London, the common seijeant him-* 
self, he does not pretend that it was a^l^ouroed 
to a day. 

Serj. Jeff. You mistake. 1^ Kobert Cky«. 
ton did from Saturday to Monday. 

X. C /. What need if there had been no 
precedent P If so be an assembly of peopie aie 
met about business, and they cannot make aa 
end of it ia a reasonable time, must they be 
kept all nig^t tiU they have P What argummt 
will you make of it P If a man aiay vatt aad 
dissolve, do you think if there beoocasion, but^ 
by the law itself, that he may anj^ium to a oon« 
venient hour P 

Mr. Williams. ThatwUl be a<|uestion between 
us. My lord, what I say certainly offset car** 
ries aoaMething in it. 

X. C. J. NotatsU. 

Mr. Williams. Then, my k>rd, I havedooa. 

X. C. J. Give us leave to underslandaoma- 
thiri^,Sir. 

Sir Jr. Winn, MyJ^rd, by your loedshif^a 
fitvoa r 

X. C. J. I spuketo Mr. WiSiaaH, aMl h& 
takes it so heinously at my hand that fiuts sig-> 
nify nothing ; I do again say it, the hakmffn* 
fies nothing. For I tell youagssa aalaw, it is 
pot denied the lord mayor may call, he maji 
diasolve ; then, I say, by law withput faot, 
by custom, he tha^ can bodi- call and dissaiiio, 
may adjourn to a oonvenient tima» Aoast 
ju&es of assize of aljl the counties off fiv-^ 
land do it, when a cause appointed to oe 
tried in such a county such a day, and it may 
be it is tried three days after P And ysS I nay 
find me the statute or commission, or find ma 
one thing or another, hestdesthe very law itself 
that doth give theca leave to lyl^oani finom tiiM 
to time. 

Mr. WilUami. My lord, diere is a mighty 
di^-ence,biitIamQidyupoAfiu:ft; these ge»^ 
tiemea will moee it was never praettsed.heibiii 
sir Robert Cbylon's time ; what the oons&^ 
quence in law will be, that is in your lordships 
breast ; I amaow speaking ufOft tbe evidence 
that this hath not been piaotised. What the 
law is, for that we are to. have Your ^udgmenti 
whieh I humbly crave, I will be judged by 
gentlemen that are my senion, and better read 
m this nkatter ; but, mf lord, a man may havia 
a power of calling or dissolving, and notof ad« 
joumin^ • it may be so. But, my lord, ad*( 
mitting it to be so for this time ; yet, my lord| 
whether we era guilty of a riot, ^ike the ciiu 
cumstances «f our case. Whether the right of 
a^^Quraiiig heia diftsheriflh,yea, or nay, itisa 
question of right, and I had irather apply my« 



967] STAT£ TRIALS, 35 Charles IL i68S.— Tm/ o/Tkemas Pilkingten l^G^ 



ietf to your knrdsbip, than to tiie jiinr. If 
there were a qtiestion ot'iight between tne lord 
mayor and the sherifis, itmay be admitted by 
rnir counsel, that it was his ri^ht to adjourn 
the court, and probably the bheriffs might be in 
the wrong, ana the lord mayor in the right, 
l^he lord mayor adjourns the court, apd they 
continue it ; they go on with the poll, aod go 
on with the execution of their office, as they 
apprehended ; if they were still for their right, 
1 hope your lordship will not make this a riot.* 
My lora, for- the circumstances that followed, 
the noise that was mode, which I do not love 
to mention ; if, I say, they were guilty of this, 1 
am silent ; but if they did no more, as I hear no 
more proved upon them than continuing the 
poll, then, I say, it will be hard to make them 
gaWty of the riot. And another thing is this ; 
my lord, we all know, if- there were a thousand 
«leotors, any man knows, that when there is a 
question upon an election, it is impossible such 
» thing shidl be, carried on but there will be re- 
Tilijig) ill UuBguage, and the like ; and to turn 
all these things to a riot, a thing so common 
IW)m the be^nningofelections to this time, if 
Iheiebe a division' and polling, there will be 
something you may torn to a not. But, I say 
this, they have not instanced in any one de- 
^^ndant, that he was guilty of any one parti- 
cydar act that amounted to a riot in itself, they 
have not instanced in one. They say of alder- 
man.Comish, that he was of the same opinion 
with the shenib, that they did insist upon the 
rights of the city, he iopk it to be the right of 
tl^ sherifis ; ' And,' says one of them, * 1 will 
stead (TOon it. Bethel that had been ^eriff. Now 
we .will call oot witnesses, we will proye what 
faath been the constant practice in the city, 
we will prore the methods of a^onmment; 
«ad# my lorii, this is to be said, which 
ymir lordship, wilf observe, that the sheriff 
•iboiinied the court 'to the very same time 
wnh my lord mayor ; so that it was no more 
than to bring ]die matter to an issue in this case. 
. SirjJPlr. Winn. Spare me-a word in this case, 
Isy. lord. . There is no evidence produced 
against Treiichard, nor against Jekyl the 
younger,, nor agamst Bifield, nor Of 

these there is no question, but th^ are as if 
$kij were out of the information ; I must beg 
leaye for a woid or two ias to those defendants, 
that .they have olGsred some etidence against. 
The question is now;before your lordship, whe- 
ther they are gndty of a riot or nor My lord, 
fi»r ought I see, it will stand upon a nicety of 
Nidgment; yet,i^tllierebenot matter enough, 
geimemen, to make the defendants guilty d'a 

) * *^ Itisaaoddkmdofprooeedmgthatmen 
should be found guilty of a.riot when they met 
about a lawful affair, vis. chusing th^ officers, 
and were employed only therem, and when even 
the matter of ru^ht is yet undecided whether 
the lord mayor have such an aihitraiy power 
t^rer the common haU as is pretended.^ Nar- 
^ns Luttrall'sliS. INcfHiBlmcalRditioD, 



riot, then it will ckiair the defendants. My lord, 
as to those words, that really, were words tlmt 
ought to be inquired into, who they were that 
spoke them in relation to his majesty ; 1 think 
it was a very ill thing of those men that saw 
tlicm, that they would not neglect all manner 
of bu^ness to seize them, I think it was a duty 
to fix upon tliem ; but, my lord, there is no evi - 
dence to pot it upon any of the defendants. My 
lord, tliat being pared off, now the question is, 
that the meeting together was lawful, that is 
agreed ; then - when they came together, my 
lord. I do diink, that if we do re^ upon the 
evidence, it will be a mighty hard thing to make 
this a riot ; setting aside those villainous words 
that were spoken, which cannot rdate to the 
defendants. Suppose, my lord, that among tb^ 
electors the whole common hall of the dty, 
there doth a dispute arise, before the dection 
is over, concerning the adjournment of the 
sherifis or the lord mayor ; some men are of 
one opinion, some are of another ; and thw 
evidence, Mr. Peter King and another, at- 
torneys, I asked the question several times, 
' Did the lord mayor or London ever interpose 
or concern himself in adjourning the hall, till 
the election was quite finished?* And they 
said, * No.' Then, my lord, I must say it as 
to these particular defendants, in such a con- 
course or people as were met Uiere, it is as slen- 
der a proof of a not as ever was, and intimates 
that the citizens of London, they that happen 
not to be the greater number,, they that lose the 
election, may be found enilty of a riot in chus- 
ing othercfl&ers, as w^ as in the business of 
sheriffs ; which being so tender a point, I 
think it will be a very severe exposition, my 
lord, to make this a riot. But now for the mat- 
ter: we will call to your lordship^ several wit- 
nesses, men that have been magistrates in the 
city, that it vras always looked upon, that my 
lora mayor, as he is the principal magistrate, he 
gives notice for common halb ; and when the 
several electors are met, and the business is 
over, he directs them to go home, and dissolves 
them ; but my lord mayor meddles not in every 
little administration of the election of officers, 
but leaves them to inferior officers, the sheriflfs 
and others that is their duty ; my lord, with 
submission they poll them, and send them honie 
during ^e election, therefore by law they do^ 
this ; fer, my lord, the custom of a city, and the 
custom of a place, is the law of the place ; atid 
if the custom of the pUice had been, that the 
sherifis have been the persons that have ma- 
naged it, is their rig^t ; but their common Ser- 
jeant he says be hath the sole management of 
it ; then ii it be as Mr. Common Seijeant says, 
if that must go, upon my word, gendemen, 
your privilqies are reduced' to a mile com- 
passi— ^ 

JL C. J. They did confer with one another 
who they took to have the most voices, and so 
reported it; notthathe did claim any tiling in 
his own riffht, hot as an officer or the cityb 
Nowit is main, and I thmfc there is no ineon- 
yeaicB^ Mb upon it, if an offioaraoqaaiaiB 



469T STATETRlAia^ B5 CirAaLEr tl.. \€^B.^Mwd i>thtT$Jw a mu. ■' 

out of the hail tbroogh the crawd, aod 
pulsed, the crowd wan so great 1 ooold not g«t 
throagfa, but was fain to retire iwck again to 
the hustings, as I remember, two or three' 
times . There mi^ht be some such discourse as 
Mr. Common Serteant hath said ; butthasiar 
I can remember, that I did both myself, and the 
common serieatat, signify -to them the businesa 
I was about, and so many aldermen as made up 
a bench, together, with Mr. Recorder, to 
manage that business, must go ; and tiiat I 
would leare the sherifis to manage the poHi 
which I thought was their duty. 

Mr. Thompson* Did you take it to bethar 
right ? 

Sir R. Clayton. I did not apprehend it to ba 
my right th<ii. > 

Mr. TAosipfon. And therefore you left it tr 
the sherifis as their right ? 

Sir Jt Clayton. I leit it to the aherift ta 
maiMge the same. 

Mr. WiUiama, Sir Robert Chyton, I sop^ 
pose when you were lord mayor, you.Were aa 
much for the honour of the chair as any^ maa^ 
yottwould not have q|uiUed the right of Ihe 
chair P <. 

Sir R. Clayton. I did toot ; there was a trial 
of me in that case. 

Mr. WilUams. Now, Sir, for adjounungthe 
poH : Did yon know anfy such questioB, whe- 
ther a poll was to be adjourned lipon the ele^ 
tion of any sherifis ? 

Sir K. , Clayton. There hath been a graft 
noise about adjournments of late. That pa^ 
was the most litigioosof jany that I know we 
have had before or since ; that was adjonnied 
forsereral days. 

Mr. William. Who adjourned that noM P t 

Sir R. ClauUm. The sherifis did adjooni il^ 
Ithink, ^tliemen ; I do think the ahoifisdii 
adjourn it, I was not present. 

Au. Gen. Sir Robert, don't serve the oonvt 
thus. 

Mr. WilliaMis. Don't brow-beat our wit- 
nesses, gentlemen ; I know, Mr. Attome|e, 
yon are an ezamjile of fiur practice : We. am 
examining our witnesses. .^ 

Sir JR. Clayton. Pray, my hnrd, let me ex- 
plain myaelf ; 1 shall, let Mr, Attorney Gcoeral 
understand me. I did never appear at-Gutkb- 
haU, ^mless upon the a^eOUht of a court of al- 
dermen ;' I did never appear at Guild-haD, hot 
the firtt day we had" comnikitidns . here in this 
court about the. adjournment, and uponitfae 
hustings about going about the business- we i&)^ 
tended, and the hall was very intent upon jdia 
poll ; I twice attempted to golHit, andoonM 
not get out.; wheieupoi^ we were lainto'aep 
quaint the hall, as weir as. we CQuld ibi^dio 
noise, of the businesa we w^re torgu about, -and 
they let me. go. I left behind the sherifik and 
the coiimion Serjeant j. how long they staid, I 
cannot teli ; I can upon my. own .knovrled^ 
give no, account of ihoBK - I^wacrnpt consulted, 
to.the .best of pj knowledge,. afVerwards, nqr 
didgivil any particular dis<>Qtioi|s for adjoqrtf- 
meut._ I^dijd /\qt4jt>:it fwthif ifafon iil didl 



nv lacd mayor, according to the best of our 
ja^;ment, we think auch a man hath tlie most 
vaices,'lfaal does not give him a right for him to 
make an officer^ notat all. 

Sir IV. Winn, I say what he said in his evi<* 
deace; but one of the attorneys swt;^, that 
thay have all equal power ; I wonder then who 
ihotiKI make an endf of the business. My loru, 
we will call to your lordship ancient citizens, 
that bare been * frequent at elections, to give 
you an account that the sherifis always )uul 
the management ; that mv lord mayor never 
eoocemed himself, till he bad notice it was de- 
tmntn^,; audif that be so, and the practice 
faaih been sOy then I don't see, under favour, 
my lord, how they will make tbis a riot ; that 
is the case. 

Mr- Tkpmptan. Sir Robert Clayton, will you 
please to fell my lord and the juirin what 
manner the dection of sherifis hath been, and 
how the mavors have usually left it to the 
sheri^ in tnat case ? 

SSr Rob. Clayton.* My lord, I have never 

heard this matter hath been in question till of 

Jlat^; so I cannot declare pouch on my own 

knowledge, bow the truth of ikct is or shoidd 

be ; I can only say this, what the practice 

-hath been. When I came to the chair, I did 

^deavour to know my duty, and to do it. The 

first time 1 had occasion to take notice of this 

matter waa in the year of my mayoralty ; 1 

didthen^ according to custom, summon a com- 

oHm-hall ; when I had summoned it, there 

wa^ a person presented to the hall I had drank 

to; me hall did refuse him, and there was a 

^;reat iioise.and hubbub upon it, and we found 

a way to accoounodate that matter, and lefl 

diem to chuae two sherifis for themselves. I 

retired into this court together with my bre- 

threpi, and Mr. Recorder that was then : We 

went iW the sherifis up to examine the matter ; 

they told os, that they could . not agree .the 

thinjgf, thore were lour persons in nomination, 

hot they had granted a poll. After this we 

,went do%vn into the hall ; of that Mr. Common 

Serjeant hath given some account, and Mr. 

Seqeant Jefieries ; I shall to the beet of my 

memory give the best account 1 can of it : 1 

abatt only tell vou what I did understand to be 

my duty s 1 <u> not detennine what the prac- 

tioe was, hot what I understood to be my duty. 

When we came down into tii^ oommonhall, to 

dedare how the matter stood, and that a poU 

was agreed upon and granted, we would have 

adjourned the court to. a longer time ; but the 

people cried out, to ffo ^o the poll presently. I 

was, as you have been told by Mr. Common 

Seijeant, to go to the trial of one Giles, upon 

:tbe assaasiu^qn of Arnold, to the Old Bfuley.f 

Idid twice or thrice attempt to get down 

. * He had been member in parliament for the 
.c|ty.4if London, and in tb^ last parliament of 

Cliarles the 2nd, mored for the bdl to exclude 
• all popish tniccessore, and in particular James, 

duke of York, Se^ 4 Cobb. Pari. Hist 1317. 
f See VOL 7, p, X.130 of this Colksction. 



Sfi] STXn TRIAL, iSikARLB^ H. i683^fHtf/ ofThmMi tHOdngt^n ^V^' 



iMtlwik upon it to ttein mj power : If I had 
•Mh a power, I did not understand it. 

Mr. WiUiamt. Sir Robert, bow many days 
do you think that poU continued ? 

Sir R. Clayton. About six days. 

Mr. WiUiams. Of thoee six, how many days 
werfe yon present ? . 

Sir R. Clayton* I did not understand it to be 
B^dttty, and 80 did not look after it. 

Mr. Thompum, Sir R. Clayton, I desire to 
ask you a question, as to this matter yon have 
giren in evidence ; Do you gire it to the best 
of your remembrance, or positively? ^ 

• m A. Clayton, I tpU you, I speak to tlie 
best of my remembrance every tning that I 
•ay. 

Att, Gen, Sir R. Clayton, I beg your fa- 
vour, to the best of your remembrance is no 
evidence, it is so lately ; if you please, sir Ro- 
bert, you are to give evidence of a thing about 
three years ago. I ask you, upon your oath, 
«rho were your Aerifls P 
4 . Sir K. CUttfton^ Sir Jonathan Raymond, and 
air fliniOD Levns. 

.Att, O^ I w«uM ask y«u then a plain 
question, sir Robert, because you come in with 
yimr remembrance: Did you give express di- 
rection to the common Serjeant or the sheriflTs 
to adjourn, upon your oath ? 

Sir R, Clayton, I musk, Mr. Attorney Ge- 
neral, by yom fcvour,take in my remembrance. 

■ Att, Gen. Then yon are no evidence. Sir 
ilobert, did you give directions or not, upon 
ysvr ««th? 

Ske R, Clayton, I canHsay it wasffiven. 

Att. Gen. Didyou,ordidyounotr 

^SirA. Clayton. My lord, I hope I have 
apoke English in the case: We did discourse of 
the adionmment in diis court, 1 believe it was 
4iieoiR«ed below ; but, as I said, 1 was engaged 
to go to the Old Bailey, and I would leave mat 
jnatter to-tbe sherilb^ whose proper bosiness I 
understood it to be. 

• Att. Gen. I ask^ ymi, cir Robert, one of 
jdie pteiHest qoestkma that ever was asked ; I 
«Bk you, whether you g«ve the sheriflb or the 
oommon serjeant express order to a^jonm. 

Sh* ft. Cityum. I Mieve I did not. 

AH. Gen. Di4tfae sherifla tell you they had 

• ngitt then. 

Btt R. Clmiton. There wasno dispiite who 
had the right. 

Serj. Ji^. Sir Robert, (f you please, I would 
tak, youa fuestbn or two. Do you remember 
tfaatthe court was adjouhied while you were 
there or not ? Do you utaderstand the question, 
m^ft^ibertf Do you remember the coAimon 
Ml^aa adioumed while you ware there P 

1^ A. Cbnfttfn, Yes, Sir, if you give me 
iMvetoekphm myaelf,! tferiok die oommon 
Iwil was aqioanwd;it was deekred ; but there 
iwiBMchanoise in the ball, that the peo^ 
«on1d not hearit. 

Serj.Je/. Birtihert IVM a tort (HTdeelBY- 

'%imi madeby younMdf, Yo« diii.maka an ad- 

jmirmDeat; but the nottowasaui^h, tfaAt the 

paopfe did Mt ktors Aod if you remember. 



there was a person affronted oneiif the sheriflli^ 
and I committed him to custody upon it. 

Sir A. Clayton, We (desired toadjoom for 
an hour or two, that we might go and refreab 
ourselves. 

Ser|. Jfif, Then yon remember there was 
an adjournment . I ask you whether it was ap« 
pointed to be made bv you or the sheriffs P 

Sir JR. Clayton. Truly I believe it was ap- 
pointed by me. 

Serj. Jeff. Sir Robert, by asking a questioii' 
or two, sir Robert, I know I shall bring some 
tbin^ to your remembranoe» 

Sir ft. Clayton, My lord, I don't kndw I 
have given any. mat occasion of laughter te 
my brethren ; these adjourpmeats have been 
very common with us, and I might agree to it« 
or order it, or direct it : but one of them I be- 
lieve I did, or two of them. 

Serj. Jeff, Sir Robert, I would only have % 
question or two asked, and I knowny aslnig' 
a question or two, 1 shall bring ikings to your 
memory, which 1 am sure you cannot easily 
forget. Were there directions given for pr<»- 
ckmation to be made ibr all parties to depart in 
the king's name? 

Sir ft. Clayton. I believe there might 

Seij. Jeff, The next question is, whether 
the sberiifs ordered that proclamation to be 
made ffir all parties to depart ? 

Shr ft. Clayton, If it were done while I was 
present, I make no doubt in the case but 1 did 
direct it^I make no question of that. 

Serj.Jf/f: Very well: Now rir Robert Clav- 
ton, we are got to an adjournment to a time by 
your direction, and proclamation by your di- 
rection. Now I will ask another question, 
upon your oath : Was not you in the commoh 
hall, and ffaye order for an adjournment till 
Monday toliowitig ; for I remember that day 
to be Saturday. 

Sir ft. Clayton, Truly I don't remember 
that. 

Seij. Jeff. You do not ! Sir Robert, you 
know very well that the sheriffs of LMNton, 
when the lord mayor and aldermen come back 
to the hustings, the sheriffs sit remote, one on 
the right hand, and the other on the left, fur- 
thest from the lord mayor ; so that all the al- 
dermen sit nearer to the lord mayor than the 
sheriffs do : Did you mind that the sheriffa 
came to you to speak to you any thing of an 
a4ioumment? 

Sir R* Clayton, I never saw it. 

Mri Jonet, I would ask you a question or two : 
Yon know this gentlenum, don^tyou? [Point- 
ing to the common serjeant] 

Sir ft. Clayton, Yee. 

Mr. Jones. Did he attend the court at that 
time ?— Sir ft. Clytm, Yes. 

Mr. Jonet. Sir Robert,'! ask yuu* a'nur qnea- 
tion, did yon lay any command on him to ad- 
journ the hall at that time, from Saturday till 
Monday. 

Sir ft. Clayton, Pray, my lord, give me 
leave to answer Mn Jones in my own vray. 

Wi.hna. Myloid, laminyoarjudgoient^ 

t 



273} STATE TRIALS, 35 Charlbs II. iSBS.-^ani ^kiri,^ a Rioi. [tr% 



it if a &ir qooilioii wiUim his own recognizance 
lile^ done, he ought to antwer powtifely , Yes 

Sr it. Clayton, Am BOi I npon my oath ; 
MB Y^m lel| me what I can say ? 

A. JoMK. Ay or no. Any honest man 
vBoIdde it: 

fir JK Winn. All witnesses answer their 
o«B way, don't they ? 

Mr. Jones, Let him answer then his own way. 

Att. Gen. My lord, yon knew there is a 
role in chancery, if it be a matter within seyen 
jetn, if it be net answered poeitiyely, it b no 
answer ; If one asks a witness a.queBtioa that 
hes within a little while, if be wilt not answer 
affirmatirely, or negatiTely, he is no 



L,C. J, I can't tdl, Mr. Attorney. 
Mr. Janes. Will you answer or no, sir Ro- 
bot, whether you commanded the common 
lene&Dt to fto and adjourn the hall or no? 
Sir R. Ctenfton, Idon*t remember that I did. 
Hr. JbsMS. Then I oolv ask you this further 
question, whether Mr. (Common Seijeant did 
ast tell you, that it was not his proper bukmess 
to do it, and that unless you would lay express 
femmands opon him, and put the very words 
in hb mouthy he did desire to be excused, and 
did he not stand there ? [PDinting to the bar.] 
Sir IL Clarion. I have heard, Sir, what Mr. 
Cemmon Segeant did say, and I cannot chai]ge 
my memory with it ; but I have that charity 
fikr Mr. Common Serjeant, to believe there 
vhriit be ^scourse to that purpose. 

Sir jPr. Wiim. Mr. Love, in all your expe* 
fienee, what do you remember ? 

Mr. WUliamM, How long have you known 
Geildhall and elections ? 
Mr. Lave. I sappose, mv lord^ these gentle- 
do not expect I should say any thing that 
done that day ; but, my lord, all that I 
Me you expect from me is^ what I did ob- 
to lie the practice of the citj ; to the best 
of my remembrance, I shall give you an ao* 
caont. My lord, about 93 yeai-s ago, I did ob- 
serve the practice to be this ; when I was called 
nto this cwice of sheriff, I took it as a thing for 
granted, that it was the sherifTs office to roa- 
Bsge the common hall, that 1 did, as my lord 
Mayor's was to have a sword borne before him ; 
I have xeeeived it by tradition from all before 
me, and my own experience. My lord, I re- 
aanher when we came to chuse sheriffs upon 
Ifidsmnmcr day, after the lord mayor and al- 
dermen had been there, my lord mayor said to 
me and my brother slierifr. Gentlemen, look 
to yoor oflSoe. We accordingly went to it, and 
chose two shniffs, one gentleman that had been 
' to by my lord mayor, 1 think it was Al- 

but notwithstanding that 



drinking to him, we took no notice of that as a 
eeremony, he was put in nomination among 
odbcn, and being aseniw sitting alderman, we 
relumed him ; otherwise, my lord, I assure 
yon I wooM not have returned him, notwith- 
•*TiMfing the drinking. AAer once that the 
kad mayor and aUsrmen withdrew to go to 

VOL, IX. 



^ 'Counoil-chamber, they said to us, now 
gentlemen, look to your office. 

Thtmptom, What wasyoor office ? 

Loroe. To chuse sherifis. 

Mr. Thompton, Did my lord mayor meddle 
with the election, or left it to the sheriffs .' 

Love. Left it to the sheriffs. 

Mr. WUiiuihs. What was vonr opinion, Sir« 
was it in the lord mayor to take the poll, or the 
sheriffs? 

Xoee. Truly, Sir, I am not a competent 
judge of whose right it was ; but if my loni 
mayor had gone awut to meddle in it, I should 
have prayed ray lord mayor to /meddle iu his 
own office, and let me alone with mine. 

Att. Gen. Yes, Mr. Love, }'ou were then 
the tribunes of the people. 

Sir JPr. Winn. liere are some say the com- 
mon Serjeant and the oommou cryer have a 
power, nay, the whole power of ordering the 
nail during the election. Wliat is the office of 
the common Serjeant there ? 

Love. Truly ) Sir, I look upon the common 
Serjeant and the common cryer as persons left 
to assist us, because they could not put tis to 
the trouble of crying O yes ourselves ; and if 
any common seijeant or common cryer had 
durst to put a question without my direction, I 
would have known whether be could or no. 

Sir Fr. Winn. Mr. Love, was it ever dis- 
coursed to you when you was sheriff, or before, 
or nnce, that ever my lord mayor did interpose 
before the election was over ? 

Lave, Since I was dischaiged of being a 
magistrate, 1 never was at a common faaH 
since. I have spent my money for the city's 
service, but never got a penny by them ; I 
never heard, that ever the lord mayor, till these 
late times, interposed, but that the sheriffs ma* 
naged the whole business of chusing sheriffs. 

Att. Gen. Mr. Love, I desire to have a 
word with you ; you speak of the time of your 
reign ; I would ask you a plain question, Was 
it Mtbre the king came in ? 

Love. It was that year the king came in. 
' Att. Gen. Was you chosen beiure P 

Lave. Yes, I was. 

Ait. Gen. Do you remember an act of par- 
liament in 1648, then in force, of shutting out 
my lord mayor P 

Serj. Je0ries. I would ask him a question 
or two. Hark you, Mr. Love, Let me ask you 
a question or two. 

Love. Sir George, I would give Mr. Attor- 
ney an ansi^er. 

L. C. J. What would you make of it? If 
you ask liim of an act of parliament, it is some- 
thing. 

Att. Gen. You speak of a time when my 
lord mayor had no more to do with it than 1 
had. There vras an ordinance of parliament, 
did you never see that? 

Love. To the best of my remembrance I 
never saw it in my life. 

Att. Gen. Nor heard of such a thing? 

Seij. Jeferies. Hark you, Mr. Love, I per- 
ceive you would have disputed with my lord 

T 



mayor ; who was the lord mayor that you talk 
of?— Lcive. Sir Thomas Alien. 

Seij. Jeff. Now 1 would desire to know 
whether you remember the city before the king 
came in ?— Irf>w. For a little while. 

Serj. Jeff. Do you remember any thing of 
that custom of the lord mayor's drinking* to 
sheriifs; was net that used before the lang 
came in ?-^Lovc. A long time. 

Serj. Jeff. It is well enough ; a long time. 

Mr. WiUianu, My lord, we have seven 
or eight more to the same puq>ose, but we are 
satisfied with these gentlemen : We will prove, 
if there was any thing like a riot, we will prpve 
my lord mayor, and those that were with him, 
were the authors of it. 

i. C. J. When multitudes of people are 
gathered tc^ether upon a lawful occasion, sup- 
posing that they had a right to be there, I do 
say, £at in that case it would be much a miti- 
gation of the ^r, so for this same riot ; but on 
the other side you must know, that these men 
that do it, it dotli not excuse them, for ignarantia 
jurit is not an excuse. It is true, if they had 
bad a lawful occasion to continue to do it, but 
in truth they had not, that will excuse them 
iL ^an^o,- but non a toto. 

Mr. Hott. My lord, I beg to put in this case ; 
there is a great deal of difference where a per- 
son does chim a right to himself, and does an 
extravagant action. Now, my lord, these per- 
sons did cUum a right to themselves to contmne 
the common hall, and that it was not in my lord 
mayor's power to adjourn it witliout them: 
Now, my lord, they dainied this ri^t, if they 
used no violence, that is excusable. If I should 
daim a right to another man's estate, though I 
have no ttUe, and say I have a right, and give it 
out in speeches, no action lies against me ; but 
if I do an extravagant action, and say another 
man hath a title, there lies an action against me. 

L. C. J. Now eo to your fact. 

^r Fr. Winn. My lord, put a point to ns, 
and wc need not call more witnesses. 

L. C. J. I don't speak to hinder you from 
calling your witnesses. 

Sir Fr. Winn.- I put this case, we undertake 
to prove, that it was always looked upon, that 
it was the right of the sheriffs : suppose, my 
lord, upon the dispute it should be round, that 
the opinion of the jury should be otherwise ; 
will tois turn to an illegal act P 

L. C. J. C'ull vour witoesses. 

Mr. Wallop. L beseech your lordship I may 
put one cose m this point ; in a point of right, 
if they have a probable cause to msist upon it. 
Suppose I send forty men to a wood, and take 
a car or a team, if tney be a competent number 
to cut down wood, if we are mistaken in the 
title, that is no riot. Lambert puts the case. 

X. C J. But what if i had sent a great many 
men to cut down the whole wood i* 

Mr. Williams. We will oaU some witnesses 
that will take us off from the riot thus, if so 
be We can excuse ourselves of the disorder, and 
put it upon my lord mayor, then wc are in- 
neoeot. 



Sss^Trial of TkmM PilkbigUm [5276 

L. C. J, Very well, if you do that 

Mr. ■ Mr. SiUey, are you aoauaipteit 

with the manner of the election of slierifis T 
How long have you known it ? 

SibUy. I have been of the livery ever suic0 
1639 ; in all my tirne^ I speak, geotlemen, to 
the b^ of my remembrance, it mith been th« 
custom in all my time, except here of late, tbac 
the sheriffs of London have had the manage- 
ment of the eksction. 

Mr. . Did my lord mavor ever inter- 
pose till the election was over r 

Sihley. I never knew my lord mayor inter* 
posetilllately. 

Sir Fr. Winn. Did you ever hear my lord 
mayor pretend to it till of late P 

Sibl&u. No, my lord. 

Sir Fr. Winn.' Did tlie mayor use to be pre- 
sent at any election during the election f 

Sibley. I have been most commonly there. 

Sir Fr. Winn. But the mayor ; would the 
mayor be there ? 

Sibley. The mayor and aklermen went bflT 
the bench. 

Sir Fr. Winn. Who managed the electioOB P 

Sibley. The sheriffs. 

Sir Fr. Winn. Were the common seijeafll 
and the common cryer thei'e ? 

Sibley. The common seijeant and the com- 
mon ciyer are always there. 

L. C.J. 1 pray thus ; you have known the 
city, it seems, a great while. I would ask yon 
this : pray who did call the assembly that was 
to chuse the sherifis, did the shenffs, i/t the 
lord mayor? 

Sibley. We commonly received the tickets 
by the officers of the s^mpanies. • 

L. C. J. Did the officers of the companies 
summon the assembly ? Hark vou, pray. Sir, 
recollect yourself; do you take it, that the 
offioers, the beadles it inay be, of the spv«ral 
companies, did they summon the livery-roen, 
and so a common hall was called together ; 
was it 80 in your time ? 

Sibley. It hath been commonly so ; we 
have received tickets from the beadle of the 
company. 

L. C. J. And my lord mayor had nothing to 
do with it then P 

Sibley. What order the masters and wardens 
had from my lord mayor, I never ini|ohel 
into that. 

X. C. J. When the hall was dissolved, who 
ordered proclamation to be made, the sherifls 
or the lord mayor P 

Sibley. My lord ma3ror hath not used to be 
there. 

Mr. Thomptoti. When they had done, they 
went BM av. He won't trouiHe your lordship. > 

L. C. J. Pray, had ray lord any hand in 
summoning ; did he direet the summoning tf 
them ^-'Siblev. It i& more than I know. 

L. C. J. You brii^ a witness that knows 
nothing of the matter. 

Serj. Jefferies. Mr. Deputy Sibley. Give 
me leave to ask Mr. Sibley a qnestion or two t 
I shall set him to-rights presently. Mr.SiUeyi 



9T7) STATB TRIALS, 35 Charles II. l683.--MNf ^iheriifm- « At#f. [270 



iff be Bot mntaken, iron are one of the com- 
paojr of tBAow-cliaiidlen, and you have been 
■nster of the company, and yoa hare been 
warden of the ooynpany. Yon ?ery well know 
what directions are given to the beadle are j|^e- 
nendly hj the master or wardens : pray, upon 
yoDT ooth, when you were master or wanlen, 
was there erer auv precept sent to you to 
snmmoD a common nail ? 

Sibley. Indeed I don't remember that, Sin 

Mr. Thompson. If your lordship nlease, we 
hare done with our evidence ; I woulu beg your 
lonMup's opinion in it. 

% Pr. Winn. We do admit my lord mayor 
flomnionsthe court. 

X. C. J. But you bring a witness that fpiiows 
nothing in the world of it, but yet you would 
have it taken for gospel, that the sherifTs had 
aO the management before that time forty 
years together, till now very lately. But 
when he comes to be asked, now is this as • 
aembly or common hall called together, alas ! 
he knows no more of that than one in Utopia. 

Mr. Thompton. My lord, we have several 
other witnesses, but we will call no more. 

AttJ Gen. If you have no more, we will call 
two or three more. 

BIr. T%ompton. We have some to prove, that 
my lord Grey came to speak with sir William 
Goktoti, and went away again ; and we desire 
to call sir Thomas Armstrong. 

Sir ¥r, Winn. My lord, if }'Our lordship 
pleases, thus, there will be it seems some par- 
ticular defences made. Your lordship hath 
heard their evidence, and what we have said ; 
we desire to call two or three witnesses to ano- 
dier bead. Your lordship hath heard there 
was some rudeness by some of the people, but 
who they were it doth not appear. We will 
can two or three witnesses of tne behaviour of 
those men and company that came with my 
hiffd mayor; that wnatsoever disturbance was 
made, they were the chief men that made the 
disturbance, and my lord mayor could not 
help it, nor we neither. 

jL C. J. Sir Francis, I believe those men 
Aat would not have God save the king, my 
kud mayor could not hinder them ; but will 
you undertake to prove, that those that came 
with niy lord mayor, that they were the men ? 

Sir fr. Winn. They were with them, my 
kxrd. 

Seij. Jej^. They were with them that cried, 
' God bless the Protestant sheriffs.' 

Slley. My lord, I desire to explain myself 
to what I said ; it is several years ago since I 
was master of the company ; I &> not re- 
member, but I belieye the summons was di- 
rected from my lord mayor. 

Mr. Freak. Mr. Winstanley, what account 
ciDyou give to my lord and the jury ? 

wuulanley. I have lived near the hall, ai^d 
I often came in, but I was not a liveryman 
upoD that poll that was between Mr. Kifien and 
sir Robert Clayton ; the sheriffii managed it. 

Mr. Freak. Who managed it? 

Wintt. Tb«alieri&. 



I^Ir. Freak. Who decfaund ? 

Winst. Thesheriifii. ^ • 

Mr. Freak. Did the mayor come down to 
declare the election P 

Winit. The mayor came down after the' 
poll, but tha sheriils took the poll. 

Mr. Freak. Who was then mayor ? 

Winit. Sir James Edwards was sheriff, and 
sir John Smith. 

Mr. Freak. Who was mayor ? 

Serj. Jeff. It was sir Samuel Starling. 

Mr. Freak. Who put the Question upon tha 
hustings?— m'i«^ I can't tell. 

Mr. Freak. What did you hear the sherifis 
say, or see them do ? 

Winst. The sheriffs presently ffranted a poH, 
and parted one to one door, and the other to 
the other. 

Mr. Freak. And who took the poll ? 

Winst. The sheriffs took it. 

Mr. Freak. Who declared the election ? 

Winst. The sheriffs. 

Mr. Freak. Who were sheriffs tlien ? 

Winst. Sir James Edwards, and sir John 
Smith. 

Serj. Jeffl I would ask you this question : 
do. you take it upon your oath, that the sherifls 
declared the election ? 

Winst.. I decUare upon my oath, that the 
sheriffs took the poll. 

Serj. Jeff, You may guess pretty well what 
I mean by this. First of all, I ask you, did 
the sheriffs put the question ? 

Winst. The sherifis took the poll. Sir. 

Serj. Jeff. Nay, answer my question : did 
the sharins put tlie question, or did any body 
else? 

Winst. Truly, Sir, I have forgot ; you were 
there. 

Serj. Jeff. I know I was. Sir: I know ver^ 
well : I ask you upon your oath, who was it 
that decUred the election afterwards, upon 
your oath ? 

Winst. Truly, sir George, I do not re* 
member. * 

Serj. Je^ Mr. Winstanley, one went out at 
one door, you say ; and the other went out at 
the other, you say; now X say; who took 
notice, and told the names of those that went 
out at one door and the other ? 

Winst. The two sheriils. 

Serj. Jeff. Who else? --Winst. I cannot tell. 

Seij. Jeff". Do you remember me there at 
the great door, when tliey polled and went out ? 
Do you remember who told them ? 

Winst. No, truly. 

Serj. Jeff. Pray, do you remember when 
one Mr. Broome, a wax-chandler, was chosen 
Ale-conner ? 

Winst. I was in the hall ; but I do not 
charge my memory with it. . 

Sol. Gen. Whoisitgrants the poll when it' 
is demanded ? 

Winst. I do remember very well, sir Geoiga^ 
Jefferies was in the hall ; they demanded a 
poll, and so went out. 

Sol. Gen. Who grantedit^ ' 



3T9] STATfi TRIALS, ds CBarles tl. i6S3.—THal e/7%ma$ PtOiingion [^%i^ 



Winst, Thet\«09lierifl^. 

Seiji. Jeff. I will put you a case nearer home, 
Mr. Winstantey : You remember wben sir 
Thomas Player was chosen chamberlain, when 
"the question was put who should be chamber- 
lain, between him and a gentleman 1 see not 
iar from me ; Who, do you remember, ma- 
naaed the poll then ? 

iVinst. There was no need, sir George. 

X. C. J. What do you mean to do with these 
litte witnesses ? You call witnesses that know 
A^idmig 6f the matter, or noAinsp to the pur- 
pose. 

Se^. Je^ My lord, let me ask him but one 
<|,tiestton more : I know he hath been a very 
|n«at evidence in this case ;■ I remember when 
tbat gentleman was in for bridge-master ? Who 
was the poll demanded of at that time ? 

Winst. Truly, Sir, I think it was demanded 
of the court. 

Serj. Jeff, Of the court? 

Wiast, Usually upon other days, tny lord 
mayor, and the court come down : But upon 
Aliusummer day they ao up. 

Sen. Jeff, But I ask you, of whom the poll 
was demanded at tbat time. 

Win$t, I donH remember it, I will assure 
ypu- 

X. C. J. You told us that point would be 
grantedi and you would not stand upon it. 

Mr. Williams. My lord, where there are so 
many men, there may be many minds : I 
would have your lordship and the jury hear 
them. 

Mr. Jones, The government is conceroed, 
Hr. Williams. 

Seij. Jeff This is not a matter of mirth I 
Win assure you ; it reaches the government. 

Mr. Williams. My lord mayor hath the 
Dowerof adjourning the hall, but not till the 
business is done. 

Mr. Thompson. My lord, I would^ut you a 
case [Here Mr. Jones offered to interrupt him.] 
Sure Mr. Jones, I ought to be heard. If my 
.k>rd mayor hath power to call a common hall, 
he hath not to adjourn it before the business is 
4one. 

X. C, J, If a writ comes to the shecifXs to 
ehuse parliament- men, then thesheriils hare it; 
but this is my lord mayor's office, he hath 
p<2wer to dissolve and adioum. 

Mr. Thompson. I speak to this case, my lord ; 
1 will shew your lordship an instance where it 
cannot be done. My lord mayor hath power 
to call here, and he hath power to dissolve, say 
thev : My lord, it cannot be, with submission, 
in all cases. He hath power to ^1 an assem- 
bly when there is a mayor to be chosen ; and 
the citizens have a privilege to move their 
mayor or continue him: Nowif itwciein the 
power.of the mayor, and there should happen 
a question, who they were? For, in a grtat 
number' of electors, if it were in his power to 
Mi^'um from time to time, he must continue 
mayor. 

X. C. I, It is jtlain he may do it for all vour 
•bjection. Yookoow it tvas agreed by all sides 



that sir Samu^ Stalling, the lord mayor, had 
ivell dissolved tlie assembly, that is, in point 
of law, and they could not say the assembly was 
in being ; yet afterwards there was an actioo 
brought against him ; and there they laid, how 
that maHciously, and to the intent that he who 
was chosen into the place of Brt(tee*master, to 
which he was duly elected, shouldbe set spride, 
he goes and dissolves the assembly, and deniel 
to grant him a poll, which they ought to have 
had ; yet for all that the asBemUy was well dis* 
solved. 

Serj.Je^ Conclude, gentlemen, condnde. 

Mr. Thompson. That which I have to say is 
a point of law. 

Seij. Jeff Sir Fr. Winnington, if you design 
to conclude, I tell you beforehand, 1 would not 
interrupt you ; x^e will call a witness or two. 

Sir /v. Winn. My 'lord, because we would 
make an end, I will call two of those men that 
came with my lord mayor, to shew that if there 
was any I'udeness, those very people that came 
^vith my lord mayor, were the cause of it. 

Sol. Gen, That they that came with my lord 
mayor caused them to stay after my lord was 
gone? 

Mr. Thompson. Mr. Jackson, pray can you 
remember, whether any of the defendants 
here were concerned in any aflh)nt to my lord 
mayor, or who it was that my lord mayor 
received an affront from. 

Jackson. I did observe, my lord, as he went 
ontof the hall, I took my back and set it against 
the crowd, and had my face towards my lord 
mayor ; and I was crowded so, that I could 
scarce spe myself one way or other, but got off 
the steps at last, and went home with my loitl 
m^or. 

Mr. Thompson. Can you say who struck off 
the hat? 

Sol. Gen, Where do you live, pmy ? 

Jackson. I live at Charing-ci'oss. • 

Sol. Gen. With whom? 

Jackson. With myself. Sir. 

Sir. Pr. Winn. What is your name? 

Serj. Jeff, Don't you know the sword-bearar 
of BristoCsu* Francis? 

Mr. ThoTiq>son, Mr. Roe, were you her« 
when my lonl mayor was crowded ? Who of- 
fered any affront? 

Mr. Williams. Pray will you give my lord 
and the jury an account of what you beard, 
and wYiete the disorder be^n ? 

Roe. My lord. I was in Cheapside, and I 
heard a ffreat noise of huzzaing, and a terribls 
ttoise indeed ; and I met with a fellow rtmliii^, 
my lord, and I stopt the fellow: What is tbs 
matter. Nothing, said he, but an old fellow 
riding skimmington and skeleton ; and in ths 
street I saw a matter of a hundred with their 
bats upon sticks, crying, damn the Whigs ; 
said I, < Gentlemen, what's the matter?' said 
they, < The work is done to stop the poll ;' and 
that is all. 

L. C. J. Hark you, were you in Guildhall f 
Roe. I followed them a little way down the 
street 



«1] 



STATE TRIALS, 35 Cfl A»L«f II. l6ea.-wwl Mors, fir m KM. [ttf 



L. C. J. Hftfk you, did you sec Ay lord 
nayor's luUdown upon the ffronnd ; and was 
he like tobe thrown down ; did you see tfiat ? 

Roe. No, I saw nothing of that ; I heard 
such a noise, 1 was glad I ^rid of them. 

Mr. WUUams. 9^ lord, we have no more to 
say in the ffeneral ; all that I have to say now 
is for my lord Grey. The evidence afifainst 
my tord'C^rev, was, that he was here : Now, 
m^ lord, we nave witnesses more particularly to 
daend my lord Orey . 

Au. Gen. We snaU call a witness or two to 
dear what that gentleman said when sir Ro- 
bert Clayton was mayor. 

Seij. Jeffl Piiiy, gentlernen, Yet us have a 
Gttie patience. Pray, my lord, if your lordship 
please — Here is such a horrid noise — Upon all 
the matter, I don't perceive, but sir Robert 
daytoa does himself believe proclamation was 
male by him ; he does believe the adjournment 
was made by him ; but as to thea^joumment to 
Monday, he is not certain of that. But if 
your lordship pleases, we have here both the 
sheriffe, sir Jonathan Rajrmond, and sir Simon 
Lewis, that will shew the oonrt'wheiher tliere 
was any such thing'. 

Ati'Gen, Bemre Bethel came out of the 
North, no sheriff ever pretended to it. 

Sag. jejf. Pray, sir Simon Lewis. I de- 
sire you would satisfy iny lord and the jury 
coDoeming the adjournment when you went to 
the sessions house in the Old Bailey : Did you 
order the adjournment of the poll, or my lord 
mayor? 

mr Simon Levois. We came and waited upon 
my lord mayor here, and told him they de- 
manded a poilvnthout ; we took his directions 
and my lord mayor did adjourn the court, by. 
reason-that the assassinators of Arnold were 
to be tried ; and by reason of that it was ad- 
journed tin Monday, and my lord mayor and 
the aldermen went thitlier ; but indeed we 
were left as prisoners, and I received a blow 
on my breast. 

Att, Gen. Sir Jonathan Rajrmond, did you 
pretend to have the power then of adjourning 
the court ? 

Sir Jan. Raymond. My lord did adjourn the 
oonrt because of that trial, and then after- 
wards we went upon the poU ; we were seve- 
ral days upon it : We only appointed from day 
to day till we had made an end ; and when we 
bad made an end, wc declared it to my lord 
mayor and. the court of aldermen ; anu my 
lora mayor and the 'court of aldenaen came 
upon the huntings,' and declared who it fell 
upon. 

Alt. Gen. Sir James Smith, when you 
weresherid!^ did you pretend to have any such 
power.? 

Seg. Jeff] Upon ywar oath, did you pretend 

10 have a power of adjourning common halls ? 

Sir /. Smith. No, Sir ; we were sheriffs im- 

medistely aller sir Robert Clayton ; I never 

iieafd it ooestioned but my lord mayor had the 

nebtof it. 
Sir Fr, Winn. Sir Jonathan Raymond, I 

8 



Ank yoQ say flie sbanib d&d ai|iMai#«* day 
today at that tkne ? 

tifyr J.Raymtmd, WcoonldiiotiiiafceancMl 
of polling ; aad we did appoint fivm day to 
day tifl we had made an end of polling. 

Com. Serf. My lord, I will give your lordship 
an account of this whole day's proceedioffB: 
We came to the hall, and after Mr. Recoi&r, 
sir George Jeffieriesj had attempted to speak to 
the hall, (fer tbey were in such a tumult tbey 
would not suffer him to spcok) my lord UMf&r 
withdrew: there was a very great ckooour 
and iioiae;' bat at last tm question was 
pot ; and I came up with the sbeitfb hither, 
and aoquaiated my lord, that Mr. Bol^l «a4 
alderman Cornish -had tho nMMt bnrib, oM 
that there was a poll demanded betweoa Mr. 
Box and Mr. Nicholson, and Mr. BcAd and 
Mr. Cornish ; then the dispute lay as iielweeii 
Box and Nicholson, and alderman OorMsh and 
Mr. Bethel: I acquainted my lord mmir that 
was, sir Robert Clayton, that Mr. Reoordor 
said ho would not go down to make do^doratioD, 
they would not hear him : upon that sir Ro* 
hart Clayton took a panor and gare it to me, 
with these very words : [It is the greatest 
tumult I was ever in all my lite, and I have 
some reason to remember it. J IVy'thee, says 



ne, do yon make doolaratioB to them; for 'if 
they will hear any body, they will hear thee ; 
Sir, says 1, because it is not the duty of my 
offioe, 1 desire your particular direction : then, 
says be, toll them I must adjourn it tiU Mon- 
day, because 1 most go to tlie Old Bailey, to 
tiy the assassinates of Arnold : whereupon the 

' hall was adfonmed, and in a great tumnlt, and 
my lord mayor attempting to go^ out, he waa 
benit back twice or three times ; he spake 
something to them, and they went away, leav* 
ing me and the sheriflb upon the hustings, and 
there tbey kept us prisoners till six or seven 
o'clock at night. On Monday, when we came 
to poll again by his direction, I went to hia 

, house, and he gave me direction to go with the 
sherilis to adjourn it : afterwards there was a 
court of aldermen purposely called, and, upon 
their direction, I took 'the poll and kept it, and 
every adjournment was made by his particular 
direction to me. 

Sir Robert Clayton. Gentlemen, I do desire 
1 may explain myself, because I was imper- 
lectly heard : some pert of the story that Mr. 
Common Serjeant does say, I do remember, 
and will tell you what I do remember of it. I 
remember the coming up, and! remember, 
Aat Mr. Recorder was uot willing to go down, 
there was such a hubbub; I remember that 
very well. The particular words I said to 
him, 1 cannot charge niy memory with ; we 
had discoursed. I remember the adjournment, 
and we discoursed of the adjoi^mment below; 
we made proclamation, but the noise was so 
great they could not hear ; and upon my at- 
tempting to go out, I was beaten back twice or 
thrice, and then we were fain to let them know 
the business we ^vent about as well as we 
could, and then tbey let me go, and 1 left the 



983} STATE TRIALS, 35 Chablbs fL i6BB.—TryilofTkama8 



im [^M 



■herifik Willi tbem to iffree of the maimer and 
methods of polling. There were several ad- 
joumroents madeulerwards ; I cannot charge 
myself with it : I might be^ particularly con- 
sulted ; butfor;the particular times of adjourn- 
ment, I did not think myself concerned in 
C>int of reputation ; if 1 thought I had been 
ameable, I should have concerned myself to 
hare giren more particular directions. 

Mr. Thompton, If. your lordship please, I 
have but tins ; admitting the right to be in the 
lord mayor 

L. C. J. Do you make a doubt of it now ? 

Mr. Thompton, Admitting it, those gentle- 
men that came to continue the poll, it is a 
question whether they can be guilty of the riot 
or not. 

Mr. W • There are some itkree or four 

of the defendants that have a particular case ; 
that stands fay themselves ; and it rests upon 
this point, Whether my lord mayor hath this 
power or not ? For so much of the evidence as 
concerns any noise or hissing, or any thing of 
that, that relates to the time of adioumment ; 
for it was done at the time of the adjournment. 
As for Mr. Cornish, Mr. Goodenoueh, my lord 
Grey, and one or two more, they did not come 
till within some three hours after that, so that 
they cannot be engaged in the noise, or that. 

X. C. J. It is no . matter, Uiey came time 
enough. 

Mr. WiUiamt. We have done, my lord, with 
(he fi;eneral evidenoe ; we have something to 
say m defence of my lord Grey ; all the evi- 
dence against my lord Grey is this, that be 
was here about seven o'clock at night For 
that, gentlemen, we say this; that my lord 
Grey nad some business here, and my lord's 
business was this; my lord Grey was here 
about the sale of a manor in Essex with sir 
William fSulston ; mv* lord, they had ap« 
pointed this rery day for that business, it was 
my lord's interest mightily to pursue it, and 
sur WJHiam happenfS to be. at sir Thomas 
Player's, and knowing this to be an election* 
day, my lord dined that day at an eating-house 
in the Haymarket, and afterwards came to 
Peter's coffee-house, in Covent-garden, and 
staid there till between four and five o'clock 
hi the afternoon, when he thought the h«it 
would be over; and then he came to make 
inquiry after sir William, and took up in 
Bruen's coffee-house about five or six o'clock ; 
there he continued quiet in the house till all 
the noise was over ; tben he sent to inquire for 
sir Wm. Gulston, and hearing he was at sir 
Thomas Player's, he and sir William went to 
a tavern, and there they treated, and finished 
the afiair., My lord, we will prove it; call 
Mr. Ireton. 

Ireton. My lord, I know that at this very 
time my lord Grey was treating with sir Win. 
Gulston about the manor of Corsfield, in Essex, 
and my lord Grey and sir Wm. Gulston had 
appointed to meet that night at the other end 
of thetovk'n, if the poll were ended. In the 
cveuing I met my lord Grey, who told me he 



had been with sir Wm. Gulston in London, and 
had dispatched the business. 

X. C. J. Did my lord tell vou so ? 

Lord Grey. He treated for me, my lord, 
with him. 

L,C. J. Pray, for God's -sake, you must 
lay your matter a little closer together ; if be 
was to treat about the purchase of a manor, 
was there no convenient place for company to 
treat about it, but while they were casting op 
the poll-books with the sheriff and Good- 
enough P Was that place fit? 

Mr. Holt, My lord had appointed to speak 
wifh sir Wm. Gulston that day in Covent- 

farden, if the poll had been over ; but not 
nding him there, came into the city. 

Lora Grey, That ffeiitlemau went between 
sir Wm. Gulston and f. 

L. C. J. Where were you to meet? 

Lord Grey, At the Rose tavern, in Covent- 
garden. 

X. C. J. What made you here then ? 

Lord Grey. Not findinghim there, I came 
hither, and spake with sir Wm. Gubton in that 
very room. The poll was over, and the com- 
pany gone. 

Mr. WiUiamt. Mr. Ireton, Do you know 
there was any treaty between my lord Grey 
and sir Wm. Gulston about the sale of any 
land ? — Ireton. Yes, Sir, I do. 

Mr. Williams. When was that treaty ? 

Ireton. About a twelve-month since. 

Mr. Wifliamt. Do you know they had any 
discourse about it ? 

Ireton. Sir, they had ; I think it was Mid- 
suiumer-day, the day the election of sherifia 
wa^. 

Mr. Williams. Were they about that treaty 
that day T—Ireton. That day, ray lord/ 

Mr. Williams. Where was the treaty ? 

Ireton. In sir Thomas Player's house. 

Mr. Williams. What time of the day ? 

Ireton. About 12 o'clock. 

Mr. Williams. Where went my lord after- 
wards? 

Ireton. My lord went to dinner, as he told 
me, in the Hay-Market. 

Mr. Williams. Did you know of any ap- 
pointment to meet again ? 

Ireton. I was informed so, but cannot posi- 
tively tell. 

Wr. Williams. Sir Thomas Armstrong, Pray, 
Sir, will von give an account where my lord 
was that diay ? 

Sir 71 Armstrong. I came up this way 
about 6 o'clock, and was in a cofiee- house by 
Guildhall. 

Mr. Williams. Do you know any thmg about 
that treaty. 

Sir T. ArmstroTig. I saw them t(mther that 
night. I saw them together at sir T. Player's 
al^ut 19 o'clock, and again at 8. 

Mr. Williams. Do you know any thing of 
treating about this land m Essex? 

Sir T. Armstrong. No, I do not. 

Att. Gen. You did not see them in the 
chamber? 






285] STATET&IALS, 35 CHAELS6 II. I68d.--Mir olAer«, /or (V Jib/. [aatf 



Sir T. Amutrong. Does any liody say I 
in? 

Lord Grty. My lord, I will gire yon an ac- 
eoiint of il. ' 

Mr. Wiliiamt, My lord, Mr. Ireton tells yon 
this ; my lord Grey and air WiDiain Gulston 
were in treaty about buying these lands that 
Tery mominff together; says sir Thomas 
Anastroncf, about noon ; afterwards my lord 
went to the Hay-Market, and staid there till 
evening', and my lord and air William were to- 
gether again at night. My lord, this case will 
depend upon vofor lordship's directions. It is 
rcTY plain, that my lora- mayor of' London 
hath the sommaning the common-hall, and 
when the business is done he hath the dis- 
charging them. My lord, if it be true what 
Mr. Love and others saj, they tell you, that in 
all their time, their opmion is so, that it be- 
Jsngetb to the sheriil&, and not to the lord mayor; 
what may he the consequence, lies in your lord- 
ship's opinion. Now for the conseijuenoe if 
it were no more than a matter of opmion and 
right, and the sheriffs insist upon it : Are these 
defendants and the sheriffs guilty of these out* 
ratpes i' For there is nothing proved upon them. 
TSas don't make them gpuilty of any thing 
more than a bare continuing tlie poll. There- 
lore, my lord, I must submit to your direction, 
how fur the jury will find us, or any of us, 
guilty of a riot in this case. 

Sir Fr, Winn. My lord, we agree they did 
emtiiiue the poll, and the defendants did an- 
prehtnd it was hiwful for them so to do ; if the 
jury should think they did misapprehend what 
was the ancient usage of the city ; if your 
lordship should be of opinion, that by the law 
the lord mayor ought to do it ; yet I do say, 
k being so probable a case, their insisting upon 
k will not make it a riot : Your lordship will 
be pleased, 1 hope, to take notice of it, if they 
find the mayor bath power to a<)joum it ? 

Mr. WaUop, I humbly conceire, that the 
information does, in truth, destroy itself, for 
it is agreed on all hands, as the informa- 
tion sets forth, that tbey came together 
open Tery lawful occasions ; and the informs- 
lioD sets forth, that by colour of their office 
they did as if they were lawfully assembled. 
Now, my lord, they have overthrown the de- 
finition of a riot, for a. riot is, when three or 
more are come together to do an unlawful act, 
snd they do it. l£» that it is a very hard matter 
to make this a riot. 

X. C. /. Does not this matter appear upon 
seoord? 

Mr. Holt. No, no, my lord, it don't. 

'Mr. Wallop, If men do lawfully meet tc- 
geUisr, if by chance they fall togemer by the 
eus, and commit many misdemeanors, this can 
never be a riot. But, say they, here was an 
a&oamoient, a command by my lord- mayor to 
idjoura the coiiti, and they continue after 

MHoomment: Now, my lord, the question is, 

wjiether he had power to adjourn it or no, the 
isifizeos did insist upon it, that he had no power. 
Now, gentkmsD of the jury, if you nnd in 



your conscienoe, that the citizens had a proba* 
ble cause, and they insist upon it, this can never 
be a riot. 

Mr. Holt, It doth appear that tbey were 
lawfully assembled together. And for the 
tbrowiufi^ off my lord-mayor's hat, suppose that 
my lord-mayor hath a power for to adjourn 
the court, yet, my lord, it must be agreed, that 
those that come uiither must have a convenient 
time to depart ; for my lord-mayor, as soon as 
ever he bad a^umed the court, be went away, 
and all the hall could not go of a sudden, but 
must have a convenient time to go ; some fol* 
lowed him immediately, and the oiher gentle* 
men that staid behind, not at all consenting to 
that rude action about my lord-mayor, cannot 
be guilty, for there is no proof ot any mis* 
carriage committed by any of the^e defendants ; 
it may be there was some discourse concerning 
the power of my lord- mayor. 1 only mind 
your lordship of sir Robert Atkins's case, a late 
case in the King's-bencb ; there can be no as- 
sembly to choose an alderman, as in that case, 
unless the mayor was there; the assembly 
wa2j held, and yet, gentlemen, because it was 
not done in a tumultuous manner, but with a 
good intent, it was held, that sir Robert Atkins 
was not guilty ot a riot. There must be an 
evil intention to do some mischief. 

Mr. — ~-. Turner brought his action against 
sir Samuel Starling for disolving the hall : And, 
my lord, that being the case of the election of 
a bridge-master, surely there is a parallel rea- 
son for the sheriffs. 

JL. C. J. That case is against them. 

Mr. . No, my lord. 

X. C. /. There the lord-mayor hath a power 
by law to dissolve the assembly, though in truth 
he should not hare done it. 

Sol, Gen. The action was brought for deny* 
ing a poll, my lord. 

Mr. Tkomp9on, It is laid in that declaration, 
that il is the custom of the city, that my lord- 
mayor cannot dissolve. 

Att. Gen. May it please your lordship, and 
you gentlemen of the jury, you have now heard 
all the evidence. [The counsel clamoured.] 

L, C. J. Gentlemen, you shall not over* 
rule me so: Because 1 am willing to hear 
every body, therefore you impose upon me. 
You shall have law, by the grace of Qod, as 
far as I am able. 

Attorney' General* We have now done witl^ 
the evidence on both sides, and you do now 
see the right of the lord- may or, notwithstanding 
all the vulgar and popular discourses is assert- 
ed ; it appears now upon full evidence, they 
themselves do not contradict it, that my lent 
mayor is the supreme magistrate of this cily, 
botik for calling aU your assemblies, and for 
dissolving them ; they won't pretend against 
this ; but indeed they make a question whether 
my lord-mayor can adjourn or no. Necessity 
of affairs requires it sometimes, if there be 
such a tumult, such an interruption, that thej 
cannot proceed orderly ; or if tne matter be so 
long that they can't det^mine it in one day. 



/ 



t87] STATE TRIALS, 55 ChablE9 IL l6s$.^1^ial of Thomaa Pilkingtim [3Sft 



dMro is a BciccMntv that there miuit be an a4* 
joimuiMot to another time ; and they give ^ou 
no instances, ^^tlemen,- that ever the sheriffs 
m any a^e did attempt it, never any sheriffs 
made an adjournment of his own accord. Mr. 
Lo?e, he gives no instance of an adjournment, 



Mr. WaU^. And do it. 

Att. (jen. And do it, I put in that too, 8ir« 
The meetiDg here is unhwfu), and it is as cer- 
tain that my lord mayor hath.^wer to adjounit 
that is a consequence of bw, if the adjournment 
be necessary, and he is the only ^a|^ of ad- 



he only tells you of his supremacy at that time joumment ; and when he hath adjourned, I do 
when my lord- mayor had notliingto do with say the continmng persons together to do tbat^ 
it; and, gentlemen, at that time you roust, wiiich if they summoned them to do had been 
remember when he was elected, the law was 1 unlawful, is as much an unlawful thing, and a 
otherwise «when Mr. Love was elooted ; then riot, as that. I would fain know, if the sheriifi) 
the sheriffe wei^ the tribunes of the peopfe,and j had summoned all the citizens together to meet 
they had shut my lord-mayor quite out of their ' and ch«)ose sheriffs, or any others, would any 
common hall, and declared that ne had no power ; man question but this is an Qnfaiwful act, a sqIh 



to dissolre or adiourn them. The next instance 
is that of sir Rohert Clayton's, and how do they 
make that out ? Sir Robert Clayton swears only 
upon his own memory, and what is that ? he 
remembers just nothing. He does think the 
common serjeant does speak truth in some 
things, but he can't remember other things. 
But we prove not only an a^oumment from 
Saturday to Monday, but other aiQournments 
by special direction from sir Robert Clayton. 
fiio tnat whatever Mr. Love did fancy of the 
authority of sheriffs, to tell my lord-mayor he 
kad nothing to do therewith ; yet that my lord- 
mayor is certainly the chief magistrate, we 
have proved all along to this present time, till 
within these two or three years, and whenever 
ihere was an a4Joumment, we have proved it 
to^ou, that it was by my lord-jnayor. So that 
it IS notlunf^ like the case put by the gentlemen 
on the other side ; there was never any shadow 
of pretence for right. Whoever knows London, 
must know the sheriffs of London are not 
officers of this corporation as sheriffs, but they 
are the king's officers of the county, granted 
to be chosen by the sheriff : They are m their 
particular cases judges, for ehoosing jmrlia- 
mept-men, but in no corporation act whatso- 
ever : So, that, gentlemen, ^'ou see there is no 
pretenee for that : But admit there were, what 
IS it like the case when a man lays claim to a 
wood, and he sends three for four persons, or 
half a dozen persons to cut it down ? Yet, Mr. 
Waltop, notwithstanding your authority, though 



version of the ancient ffovemment of the dty, 
the usurping an authonty in the city contrary 
to the king's grant and the charter? And 
afier they are adjourned, if they -will make 
proclamation, and order the people to stay, and 
f^ on with the poU, is not that the same thia^ 
m point of law? Surely no man almost of 
common sense but will say, it is the saoM tfaingp. 
In the case that Mr. Wallop puts, if there be any 
disoixlers committed, precedent to the magia- 
trate's dissolving the society ; that will not 
amount to riot ; but if the magisftrale eomea and 
makes proclamation for them to deport, and they 
stay after, it makes a riot, if*they oontinoe still 
together, it is a rout and an unlawful assembly. 
But they say there is no proof that theaa 
gentlemen, that are in the information, ar« 
g[uilty of the riot ; they are all parties to the 
riot, the very being there, dnd giving oounte^ 
nance to it, is an unlawfid 3iing. Pray, 

gentlemen, if ten men should go to rob a 
ouse, and one stands off at a distance, is not 
the tenth man guilty of the burglary f If there 
be as many persons toffelher, and three only do 
an unlawful act, and the others ^ive proteotioa, 
for number is always a protection, are not all 
these gentlemen guihy ? And therefore, ||eiitle- 
men, it is hoped you will settle the city by 
destroy hig th» pretence, which hath beeii 
Auttenng in the air, but hath no groand for 
it. 

X. C. J. Gentlemen of the jury, this is aa 
information against several, for a riot, and k 



that be not a riot, it is a rout, where you will ' sets forth, that there was a common hall that 



send such a number to raise terror in the kind's 
people, and they will continue together after 
they are oommanded to depart by a ma|j[istrate. 
But it is a different thing where men will con- 
-ceni thenMolves in a matter of public govem- 
■Mot, as if any man should pretend he hath the 
Jong's commission to take your lordship off the 
hcBch.<*-So that here is quite a different thing ; 
this relates immediately to the ^vernment ; 
Imw the publio peace of the city is in danger, 
waA if ray lord mayor had been a person of 
mat spirit, and has presently raised others to 
MPO suppr e ss e d this riot, then the city had 
Iwen in a flae ooodition, but these people that 
sroidd have No Ood bkss the king, bat Ood 
UsM Ae sheriils. There is no pretenee of 
right oan jostify such a tbingp. Now, my lord, 
for a not, thn must be acknowledfsd to 
ha; for maaif ta meet togather to do an uii- 
kwfol thing, la a riot. 



was called by the lord mayor for choosing aO'- 
vera! officers, and that afU*rwards the tord 
mayor did dissolve that assembly, and yet not- 
witnstanding the defendants (so many as by* 
and-by I snail name to you, that they hav« 
given evidence against,) they kept together and 
committed a riot ; it is said so particularly in 
the information. For the matter in fact that 
hath been altercated between them, die question 
is, « hether the lord mayor for the time beings 
hath power in himself to call an assembly, ana 
to dissolve it ? and truly as to this point, even 
the counsel for the detlndants did one while 
grant it, but another while did bring witnesa 
that did know nothing of the matter, I moat 
needs say. But for aught I see, oven until 
this very time, the toid mayor did call the as- 
sembly, and he did dissolve it, and that they 
did seem to grant eren at the begkumg of tha 



ftS9] STATE TRIALS, 35 Chahuss II. l6$3,^^mdHkm,for a Kki. [fpO 

. thcY oouM not be ignorant of it, fieeanse tkf 
daily practice before their eyes was for th» 
mayor to doit. But this was a notion ffot intQ 
tbeir beads though it was otherwise before, it 
must be so now ; and one said, they would 
have no tory mayor to be mayor; tiius th^ 
king should have something to do to support 
the mayor by bis power, for aught I know. 
Now, gentlemen, for the parties that ar« 
accnsed to be in it, there is T. Pilkington, 
Samuel Shute, Henry Colnaish, lord Grey, 
sir Thomas Player, Slingsby Bethel, Franci9 
Jenks, John Deagle, Richard Freeman, 
Hicbard Goodenough, Kobot Key, John 
Wickham,SamuelSwinock, and John )ekyl the 
elder; some witnesses are to some, and 
others to others, but some of tliem have seven 
or eight witnesses. There is Pilkington, and 
Shute, and Cojnish, these had a great many 
witnesses against them; others have two. 
First, for the sheriffii, and Mr. Cornish, that 
had been sheriif-but two years before, they 
kept them together after my lord mayor was 
gone ; and to see what people they were, No, 
not God bless the king, no, no, but the Pro> 
testant sheriffs ; so that in truth the king must 
be put out of his throne, to put these two 
sheriffs in it. It is not proved, that either of 
these did say so, nor the othei-s neither, but 
they were those that clung to them, and they 
would help them, and they would set them to 
rights, and I know not what ; and there is no 
other way to know in this case what they were, 
but by these they kept compaoywith ; and it 
may be, (I woulSi be loth to say ill, it may be) 
it was in order to dethrone tlie king as far as 
they could ; for my lord mayor, when tmly 
he had adioumed thehaU, and was ffoing hbme, 
he bad like to be trod under foot himself, his 
hat was down, and that was the great respect 
they gave to his majesty's lieutenant in the 
city. It is true, it cannot be said who it waft, 
but those were the people that would have No 
Gk>d save the king, and those the mayor had 
nothing to do wim. The sberifis they would 
go on to poll I and cast up tbeir boeSks, and 
would make, a disquisition who had most 
hands, and the like ; three hours afWr my lord 
mayor was gone, there were so many that did 
countenance and foment this sort of proceed- 
ings. There is a shrewd act that was made 
since his majesty came in, that the vittany oN 
some men might be stopped, lSth-14th of tba 
kidg, that for words in some cases makes bisrh 
treason ; it is well his majesty does not teSie- 
any severe proaecution, but I can tell you, I 
would not have men presume upon it. I| 
can't be said, you, or you said so ; y«^ dwy 
kept them ti^4her, they were they uiat kepft 
all this rabbte three hoars together ; the lord 
mayor does adjourn the court, and they moat 
haVe some time to be gone, and thereupoa 
would persuade us they could not get away in 
three hours ; the^ ask for a poll, and 4;aat up 
the scrutiny, and I know not what. There are 
some, and thatis my lord Grey and Mr. Good* 
enough, how these two should com^ there I 

U 



: But tfaeo they oaaJl^e a distinctioB, but 
ht ooold not adjourn it to a certain time. That 
was a very weak thin^ to say, that if the lord 
mayor may caD and dissolve Uie ball, that he 
caimot adjoom it to a conyenient hour. Sup- 
pose now the business to be done was not diS' 
patched aoonerthan this time a night,so that upon 
the matter they must be either amotimed till to • 
morrow, or kept in the hall all night : Does any 
Baa think, that that magistrate Uiat hath power 

S call and diasolre, hath not power to adjourn ? 
ere b no man doubted of it m fact, or law ; and 
that it was so, sir Robert Clayton did that very 
thug* ; if th^e had be^ no precedent, it had 
been all one. But they make a great deal of 
fenaineBB of it, bow that the shenf& were the 
men, and that the lord mayor was nobody, and 
that ahews it was somewnat of the common- 
vteaith'a seed, that was like to grow up among 
the good com. [Here the people humm'd and 
ialarapted my lord.J—Pray, gentlemen, thatis 
a very ondei^t thing ; you put an indi^ity 
i^aii the king, for you ought not to do it, .if 
you knew yonr duty : Pi^ay, gentlemen, forlMsar 
tt, it does not become a court of justice. 

I will tell you, when things were topsy- 
larvey, I can't teJl what was done, and I 
would be loth to have it raked up now. They 
m^glit as well (as I perceive they have at 
aittuier time said) hare said, that the power of 
diaaolving' and adjouminff might have been in 
<he Uyery-nwn, all peopfe, every body ;* and so 
then if they had been together by the ears, I 
doD^ know, who must have parted them, 
Oiat b the truth of it. But I think their 
awn oounsel are very well satisfied both in. &ct 
tad law, that the K>rd mayor, for the tiihe 
leiog', hath this power of calling, dissolving, 
and wdj^nsioig the assembly. Then there is 
aootber thint^ that is to be considered, and that 
m tfaJB ; the defendants they say, we did mis- 
take liie law, it was only a mistake, oH the law 
and nothing else ; and we dki do all to a good 
intent^ and therefore it must not be a riot. 
To give vou some satisfaction in that ; first, I 
moat tell you, that a man must hot excuse 
kbnself of a crio^ by saying he was ignorant 
of the law ; for if so Be that turn to an excuse, 
it is im^osible to convict any man ; if so be 
he must be exoused because he did not know 
the law, then no man would be found guilty. 
But if it appear that the defendants did verily 
bdiera that the law was ivr them, that may be 
eoBsidered in another place ;. if so be that they 
were really ignorant, the fine, it may be, may 
he the leas, but it won't excuse thein from all. 
But truly, in the next place, you must con- 
sider, Wnether or no these gentlemen were 
ignorant, or whether or no uiey did not, in 
a tumultuary way, make a riot to set up a 
nagistzacy by the power of the people. For 
1 aniat t^I you, I have not nieard by the 
drfaadantg, and I will appeal to your me- 
OMry, i hare not heard, before this time, thai 
fver Uie aheri^ did quarrel with the mayor, 
•r oontinne a common hall after the mayor 
V^ adjiramed it. Ai fcir thfse gentlemoi, 



f9i] STAIIt TRIALS, S5CaAftLBsn.l68S^7U<d<7]bimPI2U«ff0ft l^ 



knownot, tbeyhad notbin^todo here, atid 
therefbre I doubt it will be worse 0|m» tljem 
than apoD the rest, for they had nothing^ Ui do 
here, they most come to set the citizens toge- 
ther by the ears. My lord Grey he says, and 
he^ called some witnesses, that he had busi- 
ness with sir Will. Gulston, about the sale of 
Corsfield in Essex ; but I do not see any of his 
witnesses that do say he came to speak with sir 
William Gulston here, he came here to sec how 
the poll went. But, look you, gentleman, he 
hath ffiTen some sort of eridcnce, and the 
counsel did open it very fairly, but the evidence 
did not come fully. If you think he did 
only come upon real occasions to sir William 
Gulston, only to speak to him about that busi- 
ness, and concerned himself no otherwise, then 
you will do well to find him Not Guilty ; if you 
do not, yx>u must find him likewise as weu as 
the rest, for Goodenough Ke was here to pro- 
mote the matter. There is one, and truly 
he said, that for his part, as the rest would 
have No God bless the king, so truly lie would 
have No Tory -Mayor. And all tlus flame, I 
must tell you, took fire from this spark, that 
the sherifls might do what they thou^t fit 
about choosing officers. Gentlemen, it bath 
been a long tnal, and it may be I have not 
taken it well ; my memory i3 bad, and I am 
hut weak : I don't question but your memo- 
ries are better than mine; consider your 
verdict, and find so many as you shall think 
fit. 

The Jury withdrew, and in some time retmned. 

Are you all agreed of your verdict ? 

Jttfy. Yes. 

Who shall speak for you ? 

Juty, The foreman. 

Do you find' the defendants Guilty of the 
tre^ass and riot ? &c. 

Foreman. We find them all Gnihyinthat 
pa»er. 

This is your verdict? — Jury. Yes. 

T. Pilkinffton, 8. Shute, H. Comiab, lord 
6f^, sir Thomas Player, S. Bctb^ F. Jenlos, 
J. Ileagle, R. Freeman, R. Goodoioagh, R. 
Key, J. Wickham, H. 8whiock, and^John 
JekyI the elder, are Goihr. 

Yon say they are all GmhyP &«. 

Jury, Yes. 



On the 15tb of June following, Mr. Attor- 
ney-General moved in the Court of King's-' 
Bench at Westminster, that Judgment m^t 
be awarded against them upon their former 
oonviction, in order to their being fined for the 
ilot, 6ce, But ihe lord chief justice Saunders, 
and Mr. Justice Raymond, by reason of their 
indispoations, beinff neitfier of them on tiie 
kesBch, Mr. Justice Jones, with the cotuwnt of 
Mr. Attorney General, referred it <to the lOCh 
instant, when Mr. Attorney again moved for 
jtMlgmait, alledging the heinoosness of the 
<vime, vhi. Tlurt it Was an open affront to jns- 
tmMiimagi9tncy,aiidiDig^t prove an eril 



precedent, if it shouU escape trnponlBh^d, 
which he prayed it might not do ; but tbttC 
since they had been fiurly convicited, the court, 
in pursuance thereof, would award soch finek 
as might deter others from the like attem}it8, 
&c. Upon this motion Mr. Willianis, of coun- 
sel for the defendants, mered, That seeing there 
had first a Venire been dii'ecled to Mr. Pil- 
kington and Mr. 8hute, late sheriffs of London, 
and afterward an Alias Venire to the presenlt 
sheriffs, and yet that in the information all th^ 
defendants were joined,' though, as he sug'- 
gested, that at the time of the first Venire some 
of them were nut made known, and that since 
Mr. Pilkmgton, Mr. Shute, Sec. had appeared 
upon the first, and many of the others not tiH 
the second ; be humbly prayed, that an error 
might be thereon assigned. 

To which the King'is Counsel replied, That 
if any prejudice was sustained iu the methods 
and manner of proceedinsf to the trial of the 
persons convicted of the not and battery, it wa^ 
sustamed on the part of the kin^ ; and seeing 
he was Willing to dispense with it, that not in 
the least aflected the defendants, unless in re^* 
doundingto their advantage ; for that they had 
a legal trial, all of them pleading not guilty, 
imd putting them^ves upon their country, t(x 
try the issue betvi'een the king and them, which 
country had found ^em gnilty of the o f fe nce s 
before-mentioned, And that now nothmg re- 
mained bnt the Judgment of the court in 
awttrdln«; their mies, &c. 

To this it was alledged, thftt seeing they 
were assembled in Guud-hall upon a hwfnl 
occasion, thev eonid not be guilty of a riot, of 
the like misdemeanor, tiie legality of their 
first assembling not admitting thentof : hot 
this allegation was over-'ruied for these rea^' 
sons ; tluit although an lissembly be never so 
legally convened, yet if they tumult or tireak 
•the peace, the legality of the assembly cannot 
bear them out ; and moreover, that when the 
lord mayor had adjourned the polT, the as- 
semlby was no longer a lawfbl assembly, but 
ought immediately to have departiKl to tfidr 
respective habitations, whidi the defendants 
not only delayed to do, but in contempt of tn - 
thority continued the poll, and in a rtotfttni 
manner assaulted the person of the mayor, 
Apd that for inference, if a congregation be a84 
tembled at a church, to hear divine senrice, 
which in itself is lawfViI ; yet if blows happen, 
or a riotras or disorderiy tnmult is made, th« 
legality of &e meeting shall in no wise esccusa 
the authors of shch disorders froiti the penal--' 
ties of the law^ &c. of which opinion were not 
only the counsel fbr the king, but the judges 
likewise. 

These, and sudi-like, being the arfiromenti 
of this day, Mr. Justice Jones being indispooed, 
and Mr. Justice Raymond not coming npoifr 

aebendi, the passing sentence was deferred 
1 Friday the 2Snd instant, and firom thence 
tSl Monday the 25th instant, at which time 
Mr. Justice Jones being indisposed, it was put 
off till Tuesday, tiie 36di of June ; when Mr. 



S99} STATE ISIALS, ^Charles II. iCss^^mtd 0iker$j0r a Rki. [194 



AMomcT BiCTttd for iwlyrnf i, imiiiiiiipi 'lliat i 
fte Mrtiei faaai gviity JXfom tlM lubrmatioo, 
jm|B^t Im fined $ ftiid was jfinniwiwi by Mr. 
togeeni Jefferies; both of tineiii praying diat 
Ihey naigfat hare good fines aeC on them, aa 
an caraniplp to deter otherB firom xkn^ like at** 
tennlii ; as4dao did Mr. Jooea, pf couDael for 
die king ; when, on the other side, sir frands 
Wimiii^n, Mr. Wilhams, Mr. Wailop, Mr. 
Poliezfen, Mr. Thompson, and Mr. Hdt, of 
csDonael fat tfie defendaiits, mved many ar^- 
Dwotn fin* the eitenaatipn of ittii& fines, seeuig 
they iirere at the mercy of the Court, alledg- 
ing, dwt the defendants did.th^l of which 
they were convklBd. rather out of ignorance 
thoB malice, qk vukj design they had to injare 
oraflronAthe gOTemment; aa not being then 
capable to detmune, whether &e right to ad- 
journ the common irall lay in the lord mayor 
shen<&. But alter the aigumrnts on both 



To the KING'S most EKeelteiit Ma^ty: 

The humble PETITION of Sir THOMAS 
Mf^&INGTON, kut. Lord Mayor of 
fjonaou, Slingsby Bethel, esq. iSakmiel 
Swioo^k, Jomr l>eiigle, Richard Free- 
man, John JeW^ John Key, and John 
Widdiam, in behalf of themselves, and of 
the respecUTe Executors and Adminis- 
trators pf sir Thomas Player, kt. de* 
ceased, Htiory Conusb, esq. deceased, 
Samuel Sbute, esq. deceased, and of 
Francis Jenks, deceased. 

. - ' ■ * 

<< Shewetii ; That your petitioners, and th« 
said deceased persons, were, in the year 1632, 
and 1683, by tne co^triraace and oonfederacy 
of sir John Moore,, kt. SirlWley Nartli, kt 
Sir Pteter Rich, kt. Sir £dmiiod Saundenhkt. 
late Chief Justice of the King's Bench, and 



sides had beoi heard, Mr. Justiee Jones pro- some others, pros^ted and oonneted for a 



oeededto dechure theheinonsoeaaof the fact, 
aad what an eril precedent it might prove if 
h dxMiUl paas unpunished; apd '•after. some 
ee nfeicn ce with Mr. Justice Withens, he pro- 
oeeded to award their fines a& folioweth : 

On Thomas Pilklngton, esq. by Reason of 
his being .a prisoner, only 500iL S. Shute, esq. 
1,000 marks, Ford k)fd Giey of Werfc 1,000 
raaika. Sir Thomas Player, kt. 500 marks, 
Shngsby Bethel, esq. 1,000 maska, H. Comidi 
},000 mariu, Francis Jenks 300 marks, R. 
Freeman 300 marks, R. Goodenoa^^ 500 
mariDB, John I>eagle 400 marks, Robert Key 
100 marks, John Widduun 100 marks, S. 
Swinock 500 marks, and on John Jekyl, senior, 
900 marics ; all of them appearing in court, 
eaoept the knd Grey, Mr. Key, apd Mr. 
Goodenoogh, and aocording as they appeared 
to be of ability^ ao were their finea rcgu- 
iMed.* 

This Judgment was afterwards rerersed in 
pariiament, 1 Wil. and Mary ; and the deien- 
^imts petitioned, that the prosecutors and 
judges noight be eacoej^ted out of the then in- 
teaded Act ^ Grace. 

.' * It appears from the account of this judg- 
ment pnbhshed bv Langley Curtis in 1683 that 
« the same i%y in the Court of King's 
Bench one Tlitx. Turner of Rye (in Narcissus 
Lattrell's " Brief Historical Rektion" be is 
called Mr. Tume the pretended mayor of 
fiye) in the county of Sussex, was fined 200 
naiKS for making a riot upon the mayor of the 
aid town, ^d ^o of the town officers fined 
SO maiks each for assisting him therein, and 
ilrictly commanded to deliver the ensigns of 
& mayoralty, which he had seized mto bis 
l)uid8 under pret^ce ^at he had been elected 
major of Uie said corporation. 

8se, also, in this Collection, . a. d. 1684, the 
Tiiil of Sacfaei^ereU and others, fi>r a. riot at 
Nottiagham in oppontion to the new charter 
iriijchhad beeo granted to thattowft. 



riot ; the fact objected against th«n behiff no 
other in tm^', than the peaceable doipffdMir 
duties as citizens of liondon and Englimmen, 
in eloctioo of sheriffs for the said efly and 
pounty of Middlesex. 

** That in the proceedings upon the said pre- 
tended riot, many notorious viokuions 6f the 
law wete committed, voA vour petitioners do* 
nied coinmon justice by me ootnbination and 
conMeraoy ot the persona last abore-uMMdy 
and others ; insomuch that your petitioners, 
and tiie said deceased defendants, were by 
judgment of the Court of King's-Beneh, hi 
Trinity Term 168d/nnrsaaonably fined 4,100A 
axHi were, by imprisornnent and otherwise, 
forced to pay the same ; which sum of 4,100/. 
was long since paid into the Exchequer. 

" Th« at your petitioners prosecution, the 
said Judgment was revctsM, the last pariia- 
mont, as erroneous ; whereby ^ur majesty 
sljmds by la# liable to make restitution or tlie 
said sum of 4,100/. as your petitkmetn are ad- 
vised. 

^' Now forasttudi as your majesty's go^ 
neroua undertaking in coming into this king- 
dom, tended only i& the vindicatilig and esta- 
bKriiingour religion, laws and libertieo, and far 
rdiering the oppressed ; and fiir that it is agree<» 
able to equity, that such as did the- wron^ 
should make the restitution: and your peti- 
tioners hoping the parliament now assembled 
will take thie whole matter into their consi- 
deration, and pass a bill lor relief of ,your 
petitioners .out of the confederates estates, 
and not leave them to be satisfied by yoi>r ma- 
jesty: 

«« Your petitioners therefore humbly be- 
seech your majesty, That the said contedemtes, 
the presectitors of your petitioners, and tho 
judi^es, and others concerned therein, mi^ be 
excepted in the Act of Gi-ace,* intended by 

*ThisActof GraceisSGtd. andMar.st. 1, 
c. 10> but there is no such exception in it, only 
of sir Francis Witheo^ who was excepted upon 
other accounts. 



igs] STATE TRIALS, 35 Chablbs II. 1$8S.— 7W«I «/ Tkomtt Pii 



[20^ 



your mso^sty, as to all they did in relatioQ to 
thdB urosecotion and judgment upon the pre- 
tended riot above specifi^. 

<* And your petitioners shall always pray, 
&e.» 



On the SSrd of January 1690, sir Peter Rich 
attended in his place, according to the order of 
the House of Commons, upon a Petition from 
sir Thomas Pilkington,* lord may<Mr of London, 
and others, who were fmed on pretence of a riot 
at the election ot sherifis for the city of London 
in 1682. The Petition Was read ; and sir Peter 
Rich was heard, what he had to say in his 
own defence. Ailer which a motion was made, 
That leave be given to bring in a bill to make 
reparation to the lord mayor, and the rest of the 
petitioners, out of the estates of the persons 
mentioned in the petition. 

Sir Tho. Clarges, I advise, that this judg- 
ment against my lord mayor, and others, may 
be reversed by vrrit of error. Where will this 
end, to bring tnese things into parliament, which 
may hare remedy ^el^vhere ? What a flood 
will you bring upon yourselves in these things? 
The troubles began not in the times of tl^se 
gentlegi^n. I doubt, whether these have been 
any lawful sheriffs of London these seven years, 
ever since the charter was taken away. We 
have had great revolutions, a king alxlicated, 
ffreatwars uponns, andwhy should these things 
be brought upon us to treble the people ? I 
cannot enumerate the consequences. Tnis will 
be an occasion of great iiieonvenienoes upon us. 
In tbe late usurnatian, lord Capel, lord Ilolland, 
ool. Penniddo^K, and others, were murdered, 
and yet those who sat upon them were par- 
d(mea ; only some few examples were made, 
of the most execrable, for quieting the minds of 
the people. At this rate, we shaU be a court to 

f' ve daiiia^ea out of one man's estate to another; 
would rgect the bill. 

Sir Henrif Cupel. I observe, that arguments 
are used against this bill from the indemnity in 
12 Ch. 2. which was occasioned by a time of 
great nusery ; but that was not the case ; it 
was then a civil war, brother was against bro- 
ther. That case is outof doors. It is said, these 

* *' Pilkington wap sheriff of London in the 
year 1682 ; an honest, but an indiscreet man, 
that gave himself great liberties in discourse. 
He being desired to go along with the mayor 
and aldermen to commiment the duke upon his 
return from Scotland, declined going, and re- 
flected on him, as one concerned in the burning 
of the city. Two aldermen said, they heard that, 
and swore it against him. Sir Patience Ward 
the mayor of the former year, seeing him fp 
into that discourse, had diverted him from it, 
but heard not the words which the .other 
swore te : and be deposed, * That, to thejbest 
of his remembrance, he said not those woids.' 
Pilkington was cast in 100,000/. damages, 

the uKNitexGeaufe that had ever betn given." 
BumaL 



gentlemen may find remedy in Westmtnfter* 
ball. If that was the case (as it is not) I think 
this house has the liberty, insuch a case of im- 
portance, to tiJce notice of it. You have been 
told what was done in the time of Lord Sbatls- 
bury, and in Air. BetheVs, but it was lord IUi»- 
sel's case then, and now it is time to make an 
example. 
Sir John Chtite. Yon are told, < We must be 

riided by the indemnity m Ch. 2nd's time.^ 
hope we shall ever be at liberty of judging^ 
whether thm|^ are well or ill dane. There has 
been somethmg said by a member that a little 
suriMrizes me, * That if you brinff a bill to do 
rignt in this case, a court may be erected to 
give damages out of one man's estate to ano- 
ther.' There are crimes that excel others ; do 
you know any thing of a greater dqpreethan 
this ? Where was Acre more violation of tlie 
laws, than in taking away charters ? And where 
more of charters than London? if you will go 

rn matters, and not persons, must not this of 
rters be one ? Tliere are mixed cases in 
these thin^ upon the public, and upon iier- 
sons. This is an extraordinary case, and there 
must be sneh remedies applied, that no suck 
thing shall be dared to be attempted for the 
future. 

Mr. Howies, I have some reason to under- 
stand this case. I had leave from this house to 
attoldthe lords in this case, to reverse this jud|p- 
ment by writ of error. If the' king must give 
this damage^ (at whose sait it WBs)-you must 
give it him again. Will you make satisfaction 
m the bishops case ? lam for that too, to every 
person coneemed. There is no remedy but 
nete, and I am for retaining the bill. A parlia- 
ment was anciently called every year, or ofiener. 
The parliament then was a court of justice, to 
relieve on extraordinary occasions. There were 
juries over-awed by judges : Bethel and Comida 
took another course, to find honest men ; this 
was complabed of, and they must have new 
juries anaofiicers, and lord Russel suflered upoa 
it. You have the indemnity of Ch. 2. men- 
tioned. This is nota bitf-of punishment, but a 
bill of satisfaction, to value wrongs they have 
done ; and you may pardon them for the crimes. 
If you ask the value of the affection of fether 
and children they cannot tell what they are ; 
go asiar as you can, if these are faulty, and the 
petitioners may come for satisfaction. It' is a 
reasonable bill, and I hope you will accept it. 
Would you have a return to what you are deU- 
vered from ? It is a just bill. 

Mr. Hampden. We have a great matter be- 
fore us in debate, because it is so extraordinary. 
This matter, it is true, does relate to"a common 
indemnity ; but, I think it is not promoted by 
justifying every thing that has been done,,nor 
punishing, but to prevent, for the future, tbe 
sante thing again ; and that, if there be not this 
bill to deter men,- they may fall into the same 
offences. Some men call this < a punishment,' 
and some, * a reparation,' but it is in a tense 
both. Some satisfaction and renaratioo onglit 
, to be made these persons tooonfing to natund 



197] anrATE trials, 55 CaAmLBS IL iGB^.^^-^d dkertjm' a Rioi. {^gt 



jintite, bat H is one thing what a nuui in con- 
sdoice ought to ilo, and what yon ocMopel him 
to do ; H is one thing what a man in strict jas- 
tiee ia boond to. To make men pay a sum by 
sach a law, I eannot readily consent tcvit ; I 
hare heard, nothing fuUy to satisfy me. This 
mly, is an injury done, and, in conscience, 
they are bound to make reparation. That of 
Annstreng was a just judgment of r^Miration. 
Corruption is not taken in that timited sense of 
* taking money :^ corruption is taking a place 
of 1500/. per ann. In a common case, brave 
men, soldiors, condemn a man for ddivering up 
a castle, or fort, because he is afraid to keep 
it; and they should have known that before he 
nndertook to keep it. There needs not com- 
mon-law, nor statute law, in the matter; it is 
agamst common sense. If you say there is no 
other law, you will quickly be distinguished out 
•fall your liberties. I am of opinion, therefore, 
*' That the petition for leave to bring in a bill, 
to make reparation to my lord mayor, and the 
rest of Che petitioners, from sir Peter Rich, and 
otheis, do lie upon the taUe ;' but not to go 
bsrdy off so, f Vmt tney have done notoriously, and 
I cannot believe that men, able to make a 
common bargain, should give up their sense and 
reason in that manner. This was not done only 
against the city of London, but against the 
whole kingdom, and if^ou are not bound to 
^ve particoiar reparation to the |>erBons in- 
jured, you^ are to the public, and m the mean 
time^ to remove the person, sir Peter Hicb, from 
your company. 

Sir Christ. Muagrave, When a bill is brought 
in for satisfaction of injury done, it is strange 
that a gentleman should start another question. 
If yon talk of removing people, it is a strange 
Ihmg. Reep us to a question. This Petition 
sets out * that the petitioners can have no re- 
medy in the exchequer,' and you are told of the 
pni&nce of it. Will it be au act of prudence 
to give reparation, when they may have it out 
of the exchequer ? The question is, whether 
tfa^ shall have a bill, or not a bill P 

The Petition was read, and Musgrave was 
■Dsiaken in tbe contents. 
^ Sr Robert Rich. I see nothing in tbe petition 
as is alledged. I see, virtue is virtue still, 
tfaoogfa it wants encouragement. It is plain, 
tbo nelitiooeis can have no remedy but here, 
but ty an innuendo; therefore pray put the 
questiOD. 

8eQeant Maynard, If these gentlemen will 
thruil tbemaelves into the office of sherifib, and 
have Hiade returns, they have meddled with 
wbattfiey had nothing to do. Whether right- 
fidly sheri£&y or de facto only, that alters the 
caie. Whenever you will have jtistice against 
thekiug, yoamustgoto the exchequer for it. 
Jierer sn jbogIi injury, and no remedy there ? 



When they come there, the barons arebonnd 
to give judgment in restitution. Th«r only 
way is ta send out a Mrrit to the tally-offioe ^ 
pay the money . Upon the whole matter, leave 
them to have their nberty to have an action of 
law. 

The question for bringmg in a BiH to make 
reparation to the Lord Mayor, and the rest of 
the Petitioners, oat of the estates of the per- 
sons mentioned in tlie petition, was carried in 
the negative, 169 to 163.* [4 Cobb. Pari. Hist. 
341.] 



* The free election of officers, particularly 
sheriffs, in London, has always been a subject 
of much jealousy. See the Case of the Quo 
Warranto, vol. 8, p. 1039, of this^CoUeotion. 
See also- London's Liberty in Chains disco- 
vered, and the Postscript to it ; both pablished 
by John Lilbum, in October 1646. Uindon's 
Liberties, or a learned Amiment of Law and 
Reason, upon Saturday, December 14, 1650, 
before the Lord Mayor, Court of Ald^men 
and Common Council, at Guildhall, London, 
between Mr. Maynard, Mr. Hales, and Mr. 
Wilde, of counsel for the Companies of Lon- 
don, and major John Wild man and Mr. Joha 
Price, of counsel for the Freemen of London,' 
wherein the freedom of the citizens of London 
in their elections of their chief officers is fiilly 
debated, the most ancient charters and records 
of the city examined, and tbe principles of just 
government cleared and .vindicated. Published 
1651. The Liberties, Usages, and Customs of 
the city of London, confirmed by especial acts 
of parliament, with the time of their confirma- 
tion,, also divers ample and most beneficial 
charters sfranted by king Henry the^tfa, king 
Edward the 4th, and king Henry the 7tb, not 
confirmed by parliament, as tbe other cbarten 
were ; and where to find every particular grant 
and confirmation at lar^e. Published 1674. 
The Privileges of the Citizens of Loudon, con- 
tained in the charters granted to them by the 
several kings of this rodm, and confirmed by- 
sundry parBaments comprehending the whole 
charter, only words of torm left out. Now, 
seasonably published for general information, 
upon the occasion of the Quo Warranto brought 
against tlie said city. A Modest inquiry, coo- 
cerning the election of the sheriffs of London, 
and the .right of chusing demonstrated to be- 
long unto, and to have been always adjudged 
to reside in the lord mayor, the court of ai<fer- 
men, and the comimwi ball. The Lord Mayor 
of London's Vindication, being an answer to a 
pamphlet entitled^ *' A Brief Collection out of 
the Records of the City, touching tbe electioii 
of Sherifis for tl^ Cityof London and County, 
of Middlesex," &G. The last three published 
in 1683. 



299] STATE TRIALS, 95 CiiABi.B8 II. l$ad.— 3Vb/ 0/ Sir Paiku$ Ward, [50O 



892, The Trial of Sir Patience Waed, knt* at the KingVbencht 
for Perjury at the Trial between the Duke of York Platntiflf, 
and Thomas Pilkington, esq. Defendant^ on an Actionf upon 
the Statute De ScandaUs Mognatum : 35 Charles IL a. d« 
1683. 



The Jury were, Sir Tk^mas Biidi(«s, kt 
Henry ReyneU, Thomas ileixiott, Thomas 
Airsby, Ridiard Paffet, John Foster, Tbemae 
Eaglesfield, Edwara Maplesden, John Sharp, 
esquires. James Suckle, JobttOHngna', Richard 
Fisher, sentlemeD. 

An Iinormation bad been preferred by the 
Attorney General a^fainst sir Patience Ward, 
for that he had maliciously and witiully per- 
jured bhpseil* in the court of King^s-bench, 

* See sir John Haivles's reference to this 
Case in toI. 8, p. 442. 

. t '^ In this action the duke of York had re- 
covered 100.000/. damafi^es.*' Former edition. 
Of this trial between the duke of York and 
Mr. Pilkington no circumstantial report has 
been found; notwithstanding it appears from 
Blaney's testimony in this &ae that he took 
■mes of h. Sir Kichard Bulstrode ^em. p. 
381) says, ** The jurj^ were all gentlemen of 
eniasty of Hertfordshire (which county Mr. 
Pftkingrton had chosen) and they stive his 
foyal highness 100,000/. damage, which will 
doubtless teach tfactieos persons, who have lived 
«f late with so much licence in their discourses, 
to govern their tongues better.*' 

Narcissus Luttrell (MS. in the library of All 
tSouls' college, Oxibrd) thus mentions the trial: 

«< N9V. 4tb, 1688. The duke of York hay- 
ing some lime since brought a Scaadalum 
Maguatom against Mr. Pilkington, for words 
ppBtonded to be snoken, and the same is to ceaie 
to a trial at the Ring^s-beoch bar this term. 

f < Nev. 94th, was a trial at the King's-bendi 
bart in an adieii of Soandalum Mmnlnm, 
brodght by Uie duke of York against Mr. Pil- 
kington, lite sheriff ef London, for words 
spnlbeD by the said Mr. PiUoMfton ; it was 
tried by a jury of the county of Hertford; the 
worda were, * He had bamt tbe dty, and was 
< D#w come to cntthe cttizfens throats.' The 
words were positnreHr sworn by sir Heniy 
Tidse and sir Wm. dooksr, two aldermen of 
London, to be spekeB at Guildhall, at a nieeting 
of the eourt er aMermea, ia order to wait on 
his malesly to eongretalate liim an his safe re> 
tarn mm Newmarket, and the duke on his 
retani from Sc o tland . 

> ** Mr. PUkngton made very little defence, 
so that the hbrd Chief Justice told the jury 
that if they believed the evidence, they must 
find for the plaintiff; so t^at the jury* after 
coing from the bar about a quarter of an houi, 
found for the plaintiff, and gave 100,000/.^a- 
mages, the full daniagea hud in the declara- 
tion." 



upon the trial between the duke of York, and 
Tnomas Pilkias^on, esq.^ to wUcb the de- 
fendant pleaded Not Chulty, and waa tried 
May 19. 

Cryer, Oyez r Ifany man will give evidenen 
on the behalf of our sovereign lord the king, 
a^inst the defendant rir Patience Ward, let 
htm come forth, and lie shall be heard. 

Mr. Dolben. May it please your lordslup, 
and yon gentlemen that are sworn. This is an 
information of Penury prel^rred against sir 
Patience Ward. Whereas the most Sluslrioua 
James duke of York brought an action c^on 
the statute De Scaadalis Magnatum agamst 
Thomas Pilkington, wherein was dedared, 
that/ whereas he was the only brother to oar 
sovereign lord the king, the said PiHdngton 
did speSc iu the hearing of divers ef his ma- 
jesty's liege subjects, these Icdse and scandalooa 
words, < He hath burnt the city,* (meaning 
the citf of London) * and is' (meaning the arc 
duke) ' come to cut our throats.' Gentlemen, 
the inibrmation sets forth further, that the de- 
f4»daBt Pilkington pleaded he was Not Gkiilty, 
and that upon tne tnal of this issue, sir Pa t ie nc e 
Waid was produced as a witness upon the be- 
half of the defendant Pilkington ; and that the 
said sir Patience Ward then and there was duly 
sworn to s[ieak ^ truth, the wbde HwAi, ana 
nothing but the truth, in die nremises ; and 
thatthe said sir P. Ward did Msely and eor- 
niptly swear and give in evidenee to the jurors 
empannelled to try the issue aforesaid, ' That 

* there was no mention at the time of this dia- 

* ooone aforesaid had between the said Thomas 

< Pilkington and divers of his mije^y's soh- 
ejects, concerning the said James we of 

* York, that there was no mention ef en(tiD|r 

< of throats, and that before Mr. PilkingtOB/ 
dttg the said Thomas Pilkittgtea) ^ camt 
(meaning the time when the diseanri| 
aid was had) * the discourse abont the 

« duke of York was aver ; and farther, that 
' the duke of York was not named,' (mean* 
ing at ^t time when the (hsoomee afr c e s ai d 
was had) whereas m truth at Ui^itfmeiioae 
there was mention of catting of 'ihroats ; aad 
whereas, before Mr. Pilkin^eik Caftne in, the 
discourse conceraing the duke of York was net 
ended ; and whereas the said di:dce ef York wan 
jiamed at the time when die di^dc^itse afore- 
saio was had, so that the said ^ir Patienon- 
Ward in the case aforesaid did commit wilful 
and flat perjury. 

Attorney General (sir Robert Sawyer). My 
lord, and you sentlemen of the jury, ^r Pa- 
tience Ward tne defendant stands accused for 
perjury, committed in a cause, that was be* 



m« 



STATE TRIAXS» 35Chablbs1L i6S3.^f&r Perfmy. 



9011 

timtbeiiikBof YwkpteiDliff, andMr.Pil- 
tdmgtoBL defiBodaol, and in Ibmft cave Mr« Pil- 
kiogtaa was acOTsed to have apoken false 
wwds of flie duke of York, < He bath burnt 
' our city, and is come to cut oar tbroats ;' to 
ewsae tbia, sir Patience Ward he comes, and 
sweaiB poaitiTeljr, first, That the duke of York 
was not mentioned in tho discoaise, and there- 
fore those words could not be meant of the 
doke of York ; this little evasion we do not 
trouble you with ; but tfa^ related to one Hu<> 
beat, haittcd many yean before ; howcFer we 
wOl lay that wide, and not trouble you with it. 
Tbe next dunect matter, which proves it was 
mafidoosly done, tbat he was so ill a man, and 
that he had spoken such words, he swears, 
Tbat all the discourse relating to the duke of 
York was over before Pilkin^n came into the 
room. This allegation is directly false, he 
swears poaitivdy, * there was no mention made 
< of cutting throats.' Gentlemen, we will first 
ytowe unto you the words ; then we will prove 
unto you 4a^ they were folse, for Pilkingfeon 
iKd speak these words of the duke of York. 
CSemfiemen, we will leave it to tou whedier 
tins gentleman hath not forsworn nimseJf. 

Serf. Jdgtriu, If it jplease your k>rdship, 
and you gentkmen of the jury, I must needs 
«^, tiiat this is a cause ot very great conse- 
quence of one side and the other; it concerns 
a very great person, a man that has been lord 
mayor jof London, and I think is still an alder- 
iBttiof liondon; it is in its own nature of very 
great consequence, it is no less than the cbarg- 
ing him with the crime of vrtlfnl perjury ; it 
romcs to a public audience, as it was very re- 
qowte it should. Tbe crhne we chttr^ this 
leman with was committed in this veiy 
», in the fiu» of this court, and I ^ink to 
admiration and astoniafament oif aU perMns 
that heard this gendeman swear at that very 
time: and therefore, that the thiivmay lie 
biteffigible to these gentlea^, I Aall crave 
tour mrd^p's patience, to give an account 
unrthiamMerwas; Tins matter was attended 
widi ctpcumstances of maKoe, which shew it 
VIS not a stip in evidence, but a malicious per- 
jVBig hiniaelf, gentlemen ; and tiiey are these: 
Upon his royd highness's return out of Soot^ 
lead, and coming to Newmariket to his mi^esty, 
a vCTy loyal ffcndeman, then lord mayor of 
London, sur John Moore* by name, with some 
odier persons, that I hltve m my eye» had it 
io project, as it became them to do, to so 
gnat a prince as he was, to wait upon him. 
fty lord, tiiCK being this design of tiie alder- 
men and lord mayor to attend upon his royal 
higbneas, to congratttkkte his arrival from ScSpt- 
laad ; in <»der there to, vpon a special courtday, 
iKA was an order made, that the lord mayor 
andildemen afaoidd attend his m^ea^, to de* 
Melns lettn! , that they ndght come and at* 
lend fikewise bis royal highness, to congralO'* 
htfe luB late arrival. This I think was vpon a 

* See Northip meae^ of him, p. 188> #r 
this Yolume. 



[3oe 




special court, before they went-to church, upon 
a Sunday. In order to this, there happened 
another meeting of the lord mayor and alder- 
men, » to prosecute this design of their's, to wait 
upon his royal highness, to rongratulato hia 
anrival ; and thereupon an intimation was given 
to sir Patience Ward, with one of the sh€riffi^ 
Piiklngton, of their intentions* At which time^ 
sir William Hooker, and another worthy gen- 
tleman, sir Harry Tulse, happening to be to* 
getiier in a place, ^which I presume some oT 
you do wdl know, in the long gallery or anti* 
chamber to the council room, where the lord 
mayor and aldermen most usually sit, scmto 
discourse arose touching the ocoaaion of their 
then meeting ; whereupon a question was pro« 
posed, Whether thev should wait upon iiia 
royal highness or not r One of these gentlemeQ 
was pleased to say, at that time, that it was ^oo 
late now the court had determined it, there be* 
ing then present this sir P. Ward, and these 
two gratlemen alon^ with Mr. Pilkingt^n then 
sheriQ^ who, in obiection to tbe proposal of 
waiting upon the duke of York, (after this di»t 
course was over, and after they had mentioned 
the duke of York's name to him) said, * He 

* hath burnt the ci^, and is now come to cut 

* tbe throats of our wives and children.' This^ 
gentlemen, Was to deter and fright the otbcn 
from going, and given as a reason why he 
would not fl^ to attend the duke of York. My 
lord, this tmng happening thns, an actiiurwaa 
brought for this, and came to a trial befora 
your lordship. It is very true, in that trial wa 
did only produce sfar Harry Take, that wai^ 
present, and he swore to all the words abom 

* homing tbe city,' and likewise to the < cutting 
' of throats.' But sir Patience Ward, without 
any mannte of hesitation ; nay, and not only 
that, (I appeal to ^ memory of those tbat 
heaid him swear at that time) but boasting 
himself, as having as good a memory as any 
man in England, (though he was cautioned at 
that time to have a care what he swore) did 
positively say, * The duke of York waa not 

* named after Pilkington was there; thattha 
< discouTBe of the didce of York was done be- 

* fore he came in.* He doubled his evidanco 
on purpose to make tbe thing moi'e plain. But 
afterwards, when it came a littie frvtfaerto ba 
disoaursed of, I appeal to the memory of the 
court, and the gentlemen at the bar, whether 
he did not flutter about in St. James's Bark, 
and out comes Hubert ; the duka of York waa 
not aan^, but Hubert, Hubert^ I elaj^ped my 
band upon his mouth, says f , you jnam Hu- 
bert, and ao we had got Hj abe r t into the causa 
on purpose to shuffle out^e business about 
the duke of Yorlc My k)id, after this (I do 
it to refiposh the menort af ihe#e jfentlemdi) 
be sraa positive, asdaaiia, < I do positively say, 

* there was pat a word of ctitting of throats,* 
ef^tolhesarprite not only of all the audi- 
tors, but even of all those people that wera 
concerned hi aflbetion for him^ -a^ well as they 
who were engaged in the cause ,that they wera 
toauppaK. ilylord,iathefix8tphaa,wawi& 



SOS] STATE TRIALS, 35 jCu arlbs II. l'6$3.~rrta/ «^ Sir Pailmce Ward, [SM 

gtvte you an aocount, that it was a desired * pradict.' Now if the fint had been * Anoo 
and malicious eridence, necessary for the bring- 
ing off that man, for if there was not a word 
tnoken of the duke of York, then our ac- 
tion was no action ; if there was not a word 
qioken of ' cutting of throats,' then, of oonse- 
/quenoe, the verdict must have been against us ; 
and therefore finding there was but one evf- 
denoe, which was sir Harry Tulse, against his 
evidence, that nuule him swear so positively ; 
but afterwards your tordship may please to re- 
member, we called sir Wm. Hooker (a gentle- 
man of well known integrity) to preserve the 
credit of so great a prince, maiigre the malice 
of «aU his enemies. I speak this to shew it is 
1^ it is necessary to clear this cause. In the 
fiimt place we will prove what is recited in this 
record, and give you an account what this per- 
son did swear at the time pf the trial. The 
matters, that I have opened, 1 think they will 
sufficiently satisfy the court and the jury, as 
they dM satisfy tiie jury beibre, that what sir 
Patience Ward swore then, is false now, and 
is fiJse then. 



The Record of Pilkington's Tiial read. 

8eij. Jejgs: Read the Information. The Re- 
cord was ' Anno prsBdicto,' but when it was 
'recited in the Information, it was * Anno ultimo 

* supradKto.' 

Mr. Ward, It is necessaiy, when we come 
by way of recital of the record, to recite the 
very words in the record, now in the record it 
is ' Anno pnedicto.' 

> Mr. WitlUms^ M^^lord, they are reciting 
the record. 

X. C, J. (sir £dm. Saunders). The^^ do not 
recite it < in haec verba,' the substance is true, 
the words are varying from the record, in the 
record they are * Anno prodicto, but in the re- 
dtel, / Anno ultimo supradicto.' 

Mr. Wiliianu, That is not the same in sub- 
stance as to say ' Anno predict' * the year be> 
^ foresaid,* there are many ' Anni preBdicti,' and 
that may refer to any of them ; if there had 
been but one, it might have been so, but when 
there are several years mentioned before, * Anno 
^ ultimo pnedict. restrains it to the last year 
^ pnedict.' 

• Att. Oen. X0a may spend as much time as 
you win ; in the first record there was but one 
year mentioned. 

Mr. R«ror«ier (sir George Treby). That the 
city of London vras burnt in the year 1666 ; 
that was one year mentioned before, I am sure. 

Att (xen. There are several years men- 
tioned in this record; there we must say * ul- 
< timo prndiot' 

X. C. J. The dipectaon is. That whereas it 
was in the Record * Anno prcedict.' here you 
have more, and when you recite ' Anno pne- 

* diet.' you add * uhimo.' 

S«j,J<^. We could not do it otherwise, my 
lord. 

L,Q.J. Asifathi|igeo|iM90tbe»«reUez- 
oepl it wove in sach pitcise words: Thatwas 

• Aum prvdmk,* I tUi» yo« say^ is « Amp ultimo 



* ultimo sQpradict.' and in this you had 

* Anno prMict.' when several were mentioned, 
then it might have been an objection ; now h 
is not. 

Serj. Jef, If sir Patience had been as enct 
in swearing, as you are in observing, be had 
done well enough. 

. Call Mr. Hatch. [Whowasswom.3 

Mr. Williami. Pray let's know your name, 
sir f^Hatch, My name is Hatch. 

Serj. Jeff, Pray, was you present at the trial 
between his royal hi^meas and Mr. TH" 
kfngton ? 

Hatch, Yes, my lord, I was present 

Seij. Jeff, Was sir Patience Ward produced 
as a witness ? 

Hatch, % Patience Ward was sweni. 

SeQ,Jeff, What did he swear ? 

Hatch, He did swear, upon his oath, Tliat 
the sheriffs were not present; that there were 
some aldermen at the table in the matted gal- 
lery in Guildhall smoking a pipe gf tobacco, 
and that they bad some discourse about wait- 
ing upon the king and tlie duke, pursuant i» 
an enter from my lord mayor the day before, 
and he said, die sheriffs were not present. 

B&^.Jef, What sherifls.^ 

Hatch, The sheriff: and he did afterwards 
say, he did positively affirm, upon his oetb^ 
that Pilkington did not come in till all the " 
course was over about the duke. 

8e^,Jeff. What did he say about 
throats f 

Mr. Williams. Ck>od, Mr. Serjeant. 

Mr. Jonet. You say he positively sai , 
was no discourse about the duke 01 York 
PiUdngton came in. 

Hatch. But then, after, my lord, be said ; I 
do positively affirm, upon my oatb, that Pil- 
kington did not come in till all the discourse 
was over concerning the duke of Yotk. And 
tiirther, there was cnsoourse about burning tbe 
city by the Papists, saith Pilkington, He balk 
burnt the city; with that sir Patience Ward 
took him by the shoulder, saying, £iplaiB 
yourself: What! you mean Hubert,* I was- 
cant you? Yes, said he. He l>eing asked the 
question. Whether any thing of the duke was 
named, he said. No : And iiurther,. Whether 
there was not any mention of cutting of 
throats, he did positively say. There was no 
mention made of cuttii^ of throats. 

Mr. Williams, Mr. Hatch, Where were yoa 
placed at the trial ? 

Hatch, At the trial, Mr. Williams, I stood 
just there. 

. Mr. WilUof/u. Had you a pen and ink about 
you?— IfttfcA. Yes, «r, I write characters. 

Mr. WUliam, Pray, Sir, f^id you take tbf 
words in writing then, or no, in the court? 

Hatch. I believe I might, I canpotpoai* 
tivdy tell. 

* See the £zaminatioos concerning di* 

Firing of London, voL 6, p. OOf > ^^^ C<^ 

lection. 



t05] 



STATE TRIALS, 55 Cmabies II. l$S$.^/iir P^xjmy. 



[SOi 



Hr.Tkampmm. Ht^yooyonrnotas htte? | Aston- I wte mifMit ia tke c«nH that dty, 
HMck. I Ihittk I hare not. and I do remember^ that air Patience Ward 

Mr. ^TNinjjMNi. A nuwof agood iB«nory. 
fioj. Jtjf, We hare a matter of aome SO or 
40 wiiBeaaea : do not make aucfa a rout 



Mr. PoUtxftn. Mr. Hatch, you are repeat - 
iaf what air P. Ward said ; Did he, in that 
endence, meatioo the duke of York, or not ? 

Hmick. He aaid, there was discourse about 
gpting' to the king' at St. James's, Imt not to 
die dttke. Sir George Jefferies asked him 
that reiT oneslion. 

Mr. PoAexfeu, Let him now repeat the evi- 
teee whic^ he swore just before. 

Serj. Jeffl J thou^^ht that would not have 
heeo such a mighty question at this time of 

Mr, WiilUum. I desire he may say again 
wkst was sworn by sir Patience Ward. 

&etj,Jeff. Begin and repeat, 8ir, hi what 
nmoaer he swore, in the rery same form be 
^aketbes. 

Haich. Sir Platienoe Ward, being sworn 
and examineil upon the account of Mr. Pii- 
-kington, did say. That there were some aldier- 
meo. met at tne matted gallery, the matted 
chamber in Cknldliall, and smoking a pipe of 
tobacco, and there was discourse of waiting 
vpoB the kipg, and ^e duke, pursuant to an 
order of the lord mayor the day before ; and 
being naked. Whether Mr. Pilkington was not 
mesent, he said, Tlie sheriffs were not present, 
4at at tke court of taking lioeoses in Guild- 
hall, and that there was a discourse about 
bnniing the city by the Papists, and, says Mr. 
Pykington, Hath ne burnt the city ? fiatb be 
burnt Uie city P Upon that, sir Patience Ward 
took him by the shoulder, and bid him explain 
htBMelf : Yon meant Hubert, I warrant yon, 
aaitk he. Yes, saith Pilkington ; and being 
asked, Whether there was any discourse about 
die dnke of York, he said No ; but positively 
said, that there was no mentioD made of cutting 
afthnHlts. 

i^en Mr. Boiton was sworn. 

Mr. Wiilmmt. Your name. Sir. 

Boxton. My name is Boxton. 

Sei). /e^f' ^'* Boxton, will you tell my 
loid and the jury, whether you remember what 
was said by sir Patience Wai-d ? 

Boxton, My lord, I was present at his trial, 
1 happened fb return the jury. 



Sttj. Jej^. Pray will you tell my lord and you can say ? 



the jary, what was said by sir Patience Ward? 

Bourses. My lord, I was present at tiiis trial, 
baring returned the jury that was to try that 
cause of bis royal hignness: I wasalioyeui 
the ffaDery, and I could not so well understand 
it ; but as that gentleman said before, he was 
ming. He heanl no mention made oi' cuttuig 
orthroats ; 1 cannot say the very words, for I 
Ifwk DO notes. 

Williams, Yon were in the gallery than ? 

Bortfm. Yea, Sir. 

Serj. Jef. Pray^ Mr. Aste* I Ihiak yon 
VMprestet« 

VOL. 



did swear, I think positively, to the best of my 
remembrance, U^t * the duke of York was not 

* named while Mr. Pilkington was by.' That 
if 411 1 do remember. 

Serj. Jeff. What do yon mean by * posi* 
< tively f '* that be used tne word * posttivdy ?' 

Aston. I think I am pretty sore he did takft 
it poffltively or upon his oath. 
I Mrj.Jeff What did he take positively f 

Aston. That the duke of York was a«t 
named while Mr. Pilkington was by. 

Serj. Jeff. Do you remiember any thing dee ? 

Astim. As to * cutting -of throats,! I do not 
remember it. Several people have asked me, 
and I gave them that relaUon, or else I be- 
lief e, that bad been out of my mind. 

Mr. Wood sworn. 

Serj. Jeff. 3Ir. Wood, pray wiD yon give 
my lord and the jui^ an account of what you 
heard sir Patience Ward swter, in the cause 
between his royal highness and Mr. Pilkington. 

Wood. My lord, I was in court when sir 
Patient^e Ward gave evidence for Mr. Pil- 
kington, and I heard sir Patience Ward say. 
that. * tb^ duke of York was not named ;' ana 
that ^ the discourse concerning the duke was 

* over before Mr. Pilkington came in, and that 

* there was.no mention of cutting of throats.' 

Mr. Jones. Did he swear tliese things posi' 
tively, or as he believed, or heard P 

Wood. To tlie best of my remembrance, I 
think he clapt his hand o])on his breast, and 
said ' positively there was no mention of cutting 
' of throaU?' 

Att. Gen, Do you speak of your best re- 
membrance as to his posture, or to the wordP* 

Serj. Jeff. Did be say that word * positively ?• 

Wood. To the best of my remembrance, ha 
said < positively,' or * upon my oath ;' out of 
them he did say, I cannot tell which. f 

Sif}. Jeff. Jbither he said * oositivdy,' or 

* upon my oath.' Now, my lord, if your lord- 
ship pleases, we have given your lordship and 
the jury, a sufficient account bow positive this 
gentleman was ; but as positive as he was at 
that time, we will give you an account, that 
h^ did forsweajr himself. 

Swear sir James Smith (which was done.) 

Att, Gen, Pray will you tell the court what 



Sir /. Smith, I did lUtle think to be called 
to g:ive any evidence upon tlie account of sir 
Patience nard, considering the relation that is 
between us, as akiermen. I did not take par- 
ticular notice, but 1 do remember, that lie nsed 
that kind of posture ae they say, and did ' po^ 
' silively, or ' upon his oath,' say, I cannot bft 
certain of the words he nsed, that Mr. Pil- 
kington was not there while they were dis* 
coursing concerning going to St. James's, i^r 
he did deekre, the duke of York vrm not 
talked of, and I do remember a rery good cir- 
•umstiDfit that b« did 0w#ar jo, w my lord 

X 



toil STATE TRIALS, ;55 Charles II. l685.-.7Ha/ 0/ Sir 



Wordy [3(» 



chief justice.Pemberton was pleased to apply 
bimseif to sir Harry Tulse upon it ; aod I re- 
member sir Harry Tulse made answer, ' J am 

* very sorry to say it, he was there all the 

* while.' 

Att. Gen, Bid you hear any thing about 

* cutting of throats r 

' '8ir X Smith. I do not remember that. 

Sir William Rausieme sworn. 

Scrj. Jeff. What say you, sir William Raw- 
f teme l** 
Su* Wm. Razcsterne. My lord, I was h&e^ 
^ biit I took no particular notice, but I do re- 
member, that sir Patience Wanl did say, that 
the duke was not named when Pilkington was 

- in the room ; I can say nothing else. 

Mr. Jones. Did you hear him swear it ? 

Sir Wm. Raw$terne. Yes, Sir. 

^ij* J^ff' Sir James Smith, did he swear 
itupon his oath? 

Sir JC Smith. My IcMtl, I said before, I can- 
aot say the word he expressed it in, but either 

* positively,* or * upon his oath,' he was not 
there all the while that discourse was. 

Mr. Ptdlexfin. First he says, the discourse 
was of goitt^ to St. James's. 

Sir J. Smith. My lord, as I said before, he 

did declare, that the sheriff that then was, Mr. 

. Pilkington, was not by while they were dis- 

GouMing of going to St. James's, for he said 

- Ibey did not speak of the duke of York ; but 
|he discourse was about going to St. James's, 
and that diseomve was at an end belbre Mr. 
Pilkington came in ; and while they were 
talking about firing the city» upon that Mr. 
Pilkin^n saying, < he hath fired tiie city,' 
he desired him to explain himself, whether ne 
flid not mean Hubert. 

Sir John Peake sworn. 

Serj. Jeff, Sir John Peake, I dcare to know 
irhat yon can say ? 

Sir J. Peake. I was present at the trial, and 

-sir Patience, 1 do remember this, laid his hand 

upon his breast, and either said positively, or 

upon bis oath, I cannot tell which, one of the 

two I am certain of, * that Mr. Pilkington was 

* not by when the duke of Yoric was mentioned.' 

Her}. Jeff. What about cutting of throats ? 

Sir /. Peake. There was something said of 
cutting of threats, but I am not so positive. 

Serj. Jeff. Sir Thomas Field, I think you 
was one of the jury that tried the cause. 

Sir X. Field. Yes, Sir, I was upon the jury. 

Serj. Jeff, Pray do you remember that sir 
Patience Ward was a witness ? 

Sir T. Field. Yes, I do r^iutemberit. 

Serj. Jeff Do yon remember what he swore P 

Sir T. Field. I do remember he swore the 
duke was not named ; that I can remember. 

Mt. Oen. Doyou remember any thing dse P 

Serj. Jeff. Do you remember aiiy thing 
' about cuttmg of throats ?* 

Sh* T. Field. There was somethingv I can- 
- iMt positively My that. 

Serj. Jtff Do yoa reoMinber what other 
worda he said P 



Sir T. Field. He did say likewise. That Mr. 
Pilkington was not in the room when any thing 
was spoken relating to the duke of York. 

Ser|. Jf^. Sir Francis Butler, pray will yoa 
please to give my lord and the jury an account 
whether you were of the jury, m the cause be- 
tween his royal hirbness and Mr. Pilkington ? 

Sir F. £uj!^. Ivrasof thatjury. 

Seij. Jeff". I think you were tne foremaop. 
Sir.— Sir F. Butler. 1 was the foreman. 

Serj. Jeff. Pray do you remember sir Pit* 
tience was produced as a witness P 

Sir F. Butler. He was produced. 

Serj. Jeff. Do you remember any thing ba 
swore P and what? 

SurF. Butler. The Evidence he swore (whicii- 
I thought we had reason to observe, for tli* 
ffteat question was, whether the words rekited to 
the Duke of York) or no P^ was, that it did not 
relate to the duke of York ; and sir Patience 
Ward was provine alderman Pilkington waa 
not in the room while they discoursed of tba 
duke of York, and tiiat the duke of York was 
not named. 

Serj. Jeff. Did he swear that positively P 

Sir F. Butler. To the best of my remem* 
brance, positively ; I heard nothing of qualiii^ 
cation at all. 

Seij . Jeff. This is a gentleman of great wortk 
and the foreman of that jury. 

Sir F. Butler.. We did debate it after wa 
went out of the court, among ouTsetves, befora 
we brought in our verdict and I remember 
something more in it, for we should have laid % 
little more weight upon his evidence; if he had 
not said, that when sir William Hooker took 
some exceptions at his words, and asked. What 
do you mean P sir Patience Ward then laid one 
hand upon alderman Pilkington's mouth, and. 
as I remember, the other upon his breast, and 
asked. What do you mean P And the other an** 
swered, Hubert. That made us believe his evi^ 
dence was to be laid by. 

Serj. Jeff Now, my lord, if your lordsfaifi 
pleases, I think we l^ave sufiiciently satisfiea 
your lordship, and the jury, what words he 
swore ; now we will prove that they were 
false. 

AtL Oen. Sir Harry Tulse, pray, will you 
acquaint my lord, and tiie jury.— Vr e will ask 
you turst ; sir Harry Tulse, were you preaenl 
when this ij^ntleman swore P 

Sir H. Tulse. I was present ; I sat down ob 
a fore-seat, and he gave his evidence behind : I 
never saw him touch the book, nor kiss it. 

Att. Gen. What did you hear him say P 

Sir H. Tulse. I was a littl^ discomposed a| 
what I had heard him say, and so I am not aUe 
to give an account, and I thought I had some 
reason for it. 

^Q* J^' Why, whatreaaon P Was it because 
he swore truly or rashly P 

Mr. Thompson. Good Mr. Serjeant, do not 
lead so. 

Mr. Williams. I think it is a reflectiOB upon 
an alderman to be led by any. 

Att. Gen. Mr. WilUams, lean shew yev^ 
you have led aldenaen, and against law too. 



toji 



STATE tRIALS, 35 CraucS II. l685.«-/0r Pefjury. 



[310 



SoL Gen. Mr. Findi. Will you pleate to 
tegnremy knrd ui accooiit whether Mr. Pil- 
kms^toQ was by when there wasaoT disoonrse 
•bom the duke of Yoik?. 

Sir H. Ttt^. Gentlemen, I do not know 
whether you expect the account I fbrmeriy 
faTe ; that I thmk I have very perfect in my 



Ait. Gen. Give an account of that paMase. 

iSir H, Tui$e. The evidence I gave wasthui; 
wn the lOth of April, (I will not be positive, 
1 think it was that day) according to an order 
ef court made the day before, we metat Guild- 
haB ; there was snr WHUam Hotter, sir Pati- 
ence Ward, sheriff Pilkiogton, and myself, I 
iranember no more ; and alderman PUkington 
«», ' He burnt our city, iind is come,' or * will 
come,' one of these two words, * to cut our 
throats.' This was the evidence tlwt I gave, 
this was true. I was asked by the court, what 
was the preceding discomse, whether made by 
alderaian Piflongtou, or sir PMience Ward, I 
caAaot be positive ; but it was concerning an 
order sf going to Sl James's, or to the duke of 
Yoric, one of the two ; he did complain (^that 
«tdcr, they were oomphuning of that order, and 
seeoKd tomessif they would have it re-de- 
bated; Imade answer, it was too late, for the 
eout had agreed it. 

Ati. Gem. Was there any discourse con- 
•ennngthe duke of York while Mr. Pilkington 
was by ? ^ 

Sir B. TuUe, Alderman Pilkington was by 
all the whilp thediscourae was. 

Au. Gen, And was there any discourse about 
the duke of York? 

^r ff. Ihilte. I did never hear the duke of 
York named by alderman Pilkington at all, as 
1 remember ; tney compUined of &e order made 
the day before, that is, concerning going to 8t. 
James's, or to the duke of York, seeming to me 
as thoiu^they would have it re-debated; upon 
which 1 made answer it was too late now, for 
the court had agreed it ; and then came these 
words, * He ham burnt our city:, and is come,' 
or < will come, to cut our throats.' 

AtL Qen, Do you say pilkington was there 
when the discourse was P 
Sir H. Tulte. Yes, Sir. 
Seij. Jeff', Sir H. Tul^, I would ask you a 
'question, by. your favour, yon say there was 
then mention of cutting of throats, and ^ou say 
Mr. Pilkington did not name the duke of York 
himself, that you cannot say ; but you say he 
wts thane while was a discourse about going to 
congratulate the duke. 

w H. TuUe, I cannot be positive of that ; 
we djaooorsed about the order, that was the order 
that was made before, to conmtnlate the* duke 
of York ; I cannot sav that alderman Pilkington 
did ever name the duke of York, but he was 
present at that discourse. 

SoL Gen. Sir Harry Tulse, you ' say there 
was mentiOB made concerning the debating 
ibe order, was there mention made of the 
aider? I>id they name wbal order they would 
Mraje-debated? 



Sir B. Take. Yes, Sir. The order .wi|s — , 
an order made the day before, that we should 
go and congratulate toe king's safe return, and 
with the king's good leave or licence, weshoold 
then congratulate die duke of York, that was 
the subject matter. 

Serj. Jell Pilkington was present then? 

Sir U, Tnhe. He was present there. 

Sevj. Jeff. And upon that discourse, pray., 
sir Harry Tulse, did Pilkington say these woitls 
' He liath burnt the city, and is come to cut our 
throats ?' 

Sir If. TuUe. No, Sir, that did not imme* 
^diately follow. 

Sol. Gen. Sir Harry Tulse, what order did 
they sav they would have re-debated ? 

Sir u. Tulte. I took it for tlie order made 
the day before. 

Sol. Gen. Did they name the order ? 

Sir JI. Tulse. I did make mention of tha 
Order, that the court had agreed it, and it was 
too late for that. . 

L. C. J. He says it was too late to be de- 
baled or spoke of in court, I apprehend it so. 

Just. Jones. Was the duke named, or not? 

Sir H. TuUe. At that time, truly, Sir,. I can- 
not positively say he was named ; for the de- 
bate was about the order made to conffratulata 
the duke of York, or of going to St. James's^ 
one of them, I am sure, was named, but I can- 
not be positive. 

Jurtf^man. I desire to know whether this 
gentleman was there all the while. 
. Sir H. TuUe. My lord, I believe I wss there 
all the time that there was a word spoke in this 
matter, the whole time. 

Seij. Jeff. Sir Harrv Tulse, I would ask yoa 
another question : W no did yon apprehend to 
be meant, when Pilkington said, ' He hath 
burnt the city ?' Who ^o you think he meant 
by that? 

Sir H. Tulse. I will answer any thing that 
the court thinks fit I should answer. I humbly 
pray my lord and the court would ask me 
questions. 

L.C.J. Sir Harry Tulse, it was said the 
city was burnt Pray who did you apprehend 
was meant that burnt the city ? Who did they 
mean? 

Sir If. Tulse. Who did I apprehend, my lord f 
truly, my lord, I think I was the man Xhait 
made answer, that it was Hubert that burnt tlM 
city, because he was hanged for it. 

Just. Withins. Hid you apprehend it was 
Bubert? 

Sir H. Tulse. My lord, there was a talk of 
Hnbert ; and I remember sir Patience Ward 
took hold of it, and bid him explain himsd^ 
< Who do you mean ? Hubert?' And then there 
was a little stop among us ; and, as I remem- 
ber, I made this answer, * I think, that Hnbert 
' burnt the city, for that he was hanged lor it,' 

L. C. J. Hark vou ; I would &sk you ona 
question, if you please ; You heard the ex- 
pression of cutting of throats, * he is, or wiH 
*■ come to cut onr throats ?' 

Sir H. Tulse. Yes, my lord 



dll] STATE TRIALS, 55 CiUftLtft II. lS89.^THW 1/ Sir PaikntA Wmrd, i%\% 



£. C. jr. INray whodidyoatpprehendthiHild 
be metnt by tbal ? He could not meMi Hubert, 
sorely, <br that P 

Sir H. !A</!if. My loidf I mtnt gire my 
opinion, that it was iAe duke of York. 

Mr. Thmnpion. Did you understand that he 
meant so at that time f 

8er|. Jtff. Sir William Hooker, will you 
l^re an account of it ? 

Sir W, Hooker » My lord, I will, as near as I 
can, tell the?ery worusi; I may lose soroewords, 
but of the matter of fact, I am confident I shall 
miss nothing. We met in pursuance to an order 
made the day befoi^e ; the order was made to 
meet on the Monday following, to wait upon 
the kin^ and the duke of York. My lord, ac- 
cordingly, when I came into the gallery, I 
found sir George Waterman sitting on one side, 
and I sat opposite to him, and sir TIenry Tnlse 
at the eud of the table ; not k>ng after, came in 
sir Patience Ward, my lord, sir Patience Ward 
sat down close by me, and Mr. Pilkington 
stood at the other end of the table opposite to 
roe. My lord, to the best of my remenibrance 
and belief, sir Patience Ward dia move, that we 
might coiisider this business of waiting on the 
duke, and, my kM^, answer was made, I do be- 
lieve by sir H€n^y Tulse, that it was now too 
late, for my lord mayor was come, and would 
be going ; upon his saying it was too late in 
this manner, Pilkington standing at the end of 
the tab'e, said these words ; * Hath he burnt 
' the citv, and is he come to cut our throats?' 
Uiwm this, my lord, I replied ; Brother Pilk- 
ington, said 1, thou art mfinilely mistaken in 
this point : thou roayest as well cbarge it upon 
a child unborn as upon him ; for the duke of 
York was as careful in the tire to preserve the 
eity at the same time, in a yani in Coleman- 
itreet, as any who was by was ; though the 
ashes came upon our heads ; and I never knew 
a man look more carefully than he did at the 
same time. This, my lord, is the substance, 
^t I can't say that Mr. Pilkington made a 
reply either one way or other, but I think 
Ihere wa« something of Hubert spoke besides. 
Then sir George \Vaterman wetit away, and I 
Veiit Sway afterwards. 

Att, Oen, 80 that you are positive that 
that Pilkington did say, * he is come to cut our 
» throats? 

• Sr W, Hooker. «Hath he burnt the cityf 
< And is he come to cut our throats P 

Serj. Jeffl And dM you immediately tdl him 
this of the duke of York.? 

Sir W. Hooker, Immediately. 

Sol. Gen. 1 think yim say it was pursnantto 
•in order about waitinif on the duke of York ? 

Att. Gen. Did you name the duk**ot York.*' 

Sir H'. Hooker. I did name the duke of 
York to Pdkington, aft r tliose words were 
qpoke. 

*^y- •'^ Pilkington was there then before ' 
tlu' disi-ijirse o* the duke of York. Was shr 
Patienw Ward there while the discourse was, 
^oncernin{r cutting of throats? 

& W. Hooker. 1 amaet able te swear wfae- 



ther sir Patience Ward M bea^ II or ttO} nti<- 
doubtedly he was there. 

Sol. Oen, Sir Wayam, do TOO think Hurt 
Patience Ward did wmkwnen he siopt 
mouth, or ne ? 

Sir W. Booker. Truly I did not 0ee fain 
stop his month. 

SoL Gen. Sir William, was it plain to yvn 
that he meant the duke of York ? 

Sir If^. Hooker. I am not able to know otBer 
men's thoughu ; but certainly nothing could 
I4[>pear more plain. 

SoL Gen. Was the subject-matter of dis- 
ooune oonoemitig the dUke of Yerkf 

Sir W. Hooker. About that, and notfafi^ 
else. 

Serj. Jeff: He named the duke of York, did 
he? 

Sir W. Hooker. He did not name tbednke 
of York ; I don*t say tiiat. 

Berj.Jeff. But you named him. 

Sir W. Hooker. Yes, Sir. 

Att. Gen^ Was that all you diseoaned off 

Sir W. Hooker. This is all. 

Seij. Jf/f*. Here is the ottler. 

Mr Wilikmt. We agree the order. 

Serj. Jeff. For the present we will rest here, 
and see what account they will give. 

Mr. Recorder. May it please year lerdslup 
and von gentlemen of the jury ; 1 am of cotmsel 
lor nr Patience WaNl,the defendant. My lord, 
as the counsel for the king say they will rest k 
here, so if we should rest here too, I think 
there is nothing proved that sticks upon us. 
My k>rd, I observe first, that of all their wit- 
nesses they produce concerning the words in 
court, there .is not one el' them aH, hut the 
first, pretends to be a penman, and he says he 
believes lie did write, he can't tell whether he 
writ or no, and he ean*t tell whether he hatb 
his notes about him, and this is aH we can have 
of him. And the truth is, they vary so nrach 
among themselves, that that is eiiou^ tonnte 
any one wonder, on the whole speaking of the 
words. And we see these worthy aidenDCtt 
are very cautious ; they did expect to he calM 
noon their oaths, i did take parttenlar notice 
of it. The truth is, my lord, for this mattn\ 
it is certainly as great and heinous a cvime as 
any can be, and 1 believe these gentlemen will 
thmk, that in this ease, they should have ne 
less evklenoe to conrfet this gentleman of this 
foul crime of perjury, than to convict him of 
any crime that concerns his lifis. The truth of 
it is, if such a fiHil disreputation and scandal 
should stick, yet the jury must have psia 
proof. If there were a ra^ word, if there 
wen* a mistake in a persen^srememhrance, it it 
not every slip that will criminate a man of per^ 
jury, it must be a wilful and cnrmpt forswear- 
ing a tnan's self against his own knowlet^, 
and nothing U^ss than that is sufteient. My 
loni, it is agreed on all hands, (he reccmi 
shews it, thst the duke hath recomed a ver^ 
dirt. The cause went Ihr him. If the duke 
wouM have had a yerdict, he hath it ; if he 
would have had more damages, Ipt tsight 

3 



113] 



STATE TRIALS, d5CfiARLttt H. l68S.^/«r Perjury. 



t5l4 



I . kmm be misht ; lie hsih more ■ ttmn 
100,000i. for 1m hatli all costS) to the utmost 
tehiog. My lord, in eawa of this nature, a 
■nm'e wi>rds must be taken toeether. Your 
lonbhip will acquaint the jury, that if there be 
lay tkioi^ in any part of bis evidence, that does 
c^lain, that does limit, that does ipialify it, 
the whole disoomae must be taken as one en- 
lire evidence, and that he shall hare the ad- 
vantage of it in eveiy part. My lord, the nse 
1 would make ot' ^is is to this purpose, that 
whatever these witnesses fix upon him, they do 
it by GoUtngaBd picking out pieces of words ; 
they don't pretend upon their memory, mofch 
less upon writing, that they are able to repeat 
the whole endenoe. Your lordship does very 
well remember the ladyCarr's cas^, a greater 
and plainer instance than this, if it ^vere proved 
as if was pretoided, in chancery ; she swears 
ika never received money of stich a tntti, and 
Ae made a second answer, and there she says 
she received no money after snch a time, and 
it was Kflolved, that that should be taken to- 

dier, and that that was no peijury. My 
, we shall insist upon the two tmngs : first 
of all, that the words were not spoken as they 
are laid, that they were not sworn by sir Pati- 
ence Ward as they are laid and charged in the 
l a foim s i ion, for they are charged there posi- 
tirely and directly ; but we say they were 
spoken with all the caution that any man can 
apeak iKem with, * as he bdieved/ and ' to the 
< best of his measory,' and ' as he apprehended ;' 
and thia, I say, circamscribed with great caution 
and great tenderness. If they had been 
tp^an as they are laid, yet this could not be 
pennry ; that is the second thin^. So that if 
A nil «Mit that he was mistaken m this, your 
I wdihy wiU aci[oaint the jury, that a rash 
aalh ia not peijnry, if it were so. My lord, as 
la die latter part, sir Harry Tolse does go a 
great way ; for he says, that he can't take 
up s u faim-tosay that sir Patience Wan! ever 
aaw Mr. Pilkington ; if he did never see Mr. 
PiUdngton, kow can he be chanrged with per- 
jury tron, for si^ying he was not £ere ? Under 
frvovr, if he did not see him there, be 
most awear according to his senses, that he 
waa net there, and you caanot charge perjury 
uon that, it demonstrates the nncertatnty 
art k en e words, that when they come to lay the 
dadaraimi, tiiey are fain to lay these words 
fanr aeveral ways, as they do. And yet these 
two wwrtiqr aldermen say, they took down the 
wards that very day. If these words were so 



iftrin then, thougli they were writ down, 
what sbonM make tbem otnerwise now ? 

Ati. Otn. Tbeie hath not been such' a 
ward said yet. 

Mr. Recartler. We wiR prove it, Sir, As to 
the dnrd point, we say this : it is cfiarged there 
fas no eottingef throats, no mention of cut- 
ting of throats; as to that, ray lord, I take it 
frsm one of their witnesses months, thai is, Mr. 
Boxtan ; he • aaya, that sir Patience Ward 
swore, that he heard no mention of cutting of 
throats ; tmder Am>ir, Sfa% to say thai there 



i 



was no mention of cuiting of throats, that m 
positive, that there was no such thing spok^ • 
but their own witness savs, ttiat there was no 
such thing heard. Can there be a greater dU*- 
ference than tor a man to say, there was no 
snch word spoken, and to say, there was no 
such word heard by me ? This of cutting of 
throats, if it were spoken at all, though I 
believe it was ; for i have that good opinion of 
these worthy aldermen, f mean sir VVilliam 
Hooker and sir H. Tuise, that I presume tti era 
was something about cutting of tliroats ; but I 
answer, that sir P. ^Vard might not hear it. 
And i think they have given a very good 
ground for it : says sir 9* Tulse, is be, or wilt 
be, come to cut our thnrnts? Whether it were 
' is,' or whether it were ' will,' that he cannot 
tell. Sir Wm. Hooker, says he, is come to cut 
our throats: one speaks affirmatively, the other 
interi'ogativelyl Sir H. Tulsesays it was'ouf 
throats ; says sir W. Hooker, the throa's of 
our wives and children. Do not these two al- 
dermen tliifer as much between themselves, 
as cither or both of them do with sir P. Ward, 
when sir Harry Tdse shall say, there were 
no wives and children mentioned ? It is no re- 
flection at all, and 1 hope there will be no 
cause to reflect upon the other alderman. 
The next point is, that there was a discourse 
concerning the duke of York, and tliat it waa 
before Mr. Pilkington came in. Here the 
witnesses vary extremely ; one says before he 
came in ; another says, before he came to the 
table ; another says, while he was in the room ; 
all these varieties we find in the witnesses 
that swear the words out of sir P. Ward's 
mouth ; and certainly sir P. Ward would never 
say these words ; it is impossible to say the 
discourse concerning the duke was ended» 
when in the very next words he savs, the duke 
was not named at all : for, my lord, sir H« 
Tnlse savs, he was never named. But, my 
lord, besides this, if 1 say he was not there 
in thesiffht and view of sir P. Ward, he is not 
guilty, Be it true or false, that be was thera 
before the discourse ended ; for it is a long 
room, and no man can say but a man might be 
behind sir P. Ward as he sat at the table. The 
second tiring, my lord, is this, that the duke 
was not named ; that he is chai^etl to liava 
sworn. My lord, the evidchce that he deli- 
vered was, that the duke was not named m his 
hearing. Now sir Harry Tulse says the very 
same that sir Patience Ward did, that there 
was a discourse alxiut an order, he savs, but 
nobody named the duke, and sir William 
Hooker says, the duke was nut named. 

Just. Witkim. He says he cannot say he 
was named. 

Recorder, 'Till afler the words spoken ; 
and, my lord, it was so doAbtful, that it seenia 
there was need of explication *, tor the words^ 
(under favour) as prove<l, do not relate to cut- 
tmg of throats but to the burning of the city ; 
and \% hat sir William Hooker says afterwards^ 
makes it moreplain. If we prov e, these ttii ngs, 
that sir P. WWd carried himself thus, if iia 



315] STATE TRIALS, 55 Chablks H. i€85.— 7Ha/ of Sir 



Wmrd, [310 



-expressed himadf with so mach caution, under 
^Your, that doth clearly avoid this charg^e in 
the infinmation. .But, my lord, if there were 
periory, it was committed at the trial of Mr. 
Pilkinfirton, and at that trial when it was com- 
tniUed^itwas hest understood ; for here is no new 
evidence as to the words spoken in the gallery ; 
therefore, under favour, the peigury was as ob- 
servable then, and more, because it was fresh 
then. Now it is said, that it was with great 
astonishment ; we shall give in evidence, that 
there was no such appre&nsion, that the court, 
that the counsel, tnat every body did appre- 
hend it as delivered with that caution as I have 
opened it to your lordship : first, sir Georg^e 
Jefferies, in the very conclusion, asked him, if 
there were nothing spoke of the duke while 
Mr. Pilkington was by. No, saith he, not to 
tiie best of my memory^ isaith sir Patience 
Ward. Saith sir George, by reply, your 
invention is better than your memory. Surely 
that were the most impertinent thing in the 
world, if it had been otherwise. And every 
hody knows sir George Jefferies is a man thiU 
would not have said such a thing, if he had not 
wholly referred to his memory, and given him 
•n occasion lor that reply. And Mr. Solicitor, 
he says these words, in repeating the evidence 
to the jurv : sir P. Ward goes a great way to 
confirm that of the other aldermen, and that 
shews, that they did observe it fiur enough 
from perjury ; and my lord chidT justice, my 
lord, when ne came to direct the jury, he says, 
that sir P. Ward had said, that, as he con- 
ceived, there was no mention of cutting of 
throats, and so on ; and says he, it is easy to 
forget such circumstances. If, in the judg- 
ment of my lord chief justice, it were an easy 
thing to foijifet, can it be wilful perjury in any 
man to testify that which was spoken as he 
conceived ? And truly, my lord, it is the more 
for that my lord chief justice was upon his 
oath as well as the witnesses : and your lord- 
ships, that sat with him, would have rectified 
my lord chief justice, if he had misapprehended 
him*: and the jury did apprehend it so, and 
looked upon sir P. Ward's evidence as a confir- 
mation. My lord, all these things are nega- 
tive, and they do refer to the memory, and that 
my lord chief justice said a man may easily 
forget, and that is enough to excuse bin). Be- 
sides, my lord, this was given in evidence 
seven or eight months after the time that the 
words were spoken ; and if any man were to 
repeat what was said at this bar, no doubt but 
in seven or eight months they would differ 
more than sir P. Ward did from these gentle- 
,men. Besides, my lord, be is a man of good 
reputation and credit, he hath borne great offices 
in the city, mayor and sheriff of London, and 
this a crime for mean persons, and we think 
much less evidence than this will satisfy your 
hnrdship. We will prove what was said at the 
trial not by the imperfect memories of people 
that did not write, or cannot tell whether they 
ivrit or not ; , but by some that did take very 
exact notes, and espedally by one that wrote 
the whole. 



Mr. WUliamSn My lord, the question is, 
what was anoken by sir Patience Ward, My 
lord, if sir Patience did not swear as they have 
laid it in the information, sir Patience is not 
fftiilty. They have laid the information thus : 
That as to the cutting of throats it was sworn. 

Sositively by sir Patience ; but if sir Patience 
id only speak as by hearsay, as he heard, 
that there was no mention of cutting of throats 
in his hearing, then we are not guilty. My 
lord, how far then the evidence doth touch urn 
in this matter, how far they have proved ua 
guilty, is to be considered. I do not find, that 
any one witness in this trial says, ' that air Pa* 
tience did swear positively, that there was no 
meiltion of cutting of throats. Every maa 
that speaks, speakis to the best of his me- 
mory, and to the best of his knowledge, 
and no otherwise ; and I will appeal to your 
lordship, iipon what every witness hath said, 
whether any witness can be convicted of 
perjury ; for every man hath appealefl to bis 
memory. Observe every witness, and not any 
of them do agree. The two aldermen that 
were then sworn, one of them, sir JHarry Tulse* 
tells you of the discourse conoernmg comiuff 
to bum the ciu^, atnd cutting of throats : as 1 
take it, sir Hany Tulse said it by way €€ 
question, ' Is he come, is he come to but ouir 
< throats P' Sir Wm. Hooker tells it positively, 
' He is come, he is come to cut , our throats.' 
If gentlemen do vary, as these two fritnesses, 
and have several apprehensions of the same 
thinff, it ought to have no influence upon this. 
In this case, we are here for wilful per|ury. If 
it be a mistake of the memory, that will nerer 
come up to peijnry. We will make it out, 
that it was spoken with great caution and re- 
striction. And then for the other of the two 
assignments, if this be true, that there was 
no discourse of the duke of York, then the 
second will naturally fall. The first thing is 
this, that he should swear there was no dis- 
course of the^uke of York; if this be true, 
that there was no discourse of the duke of 
York, then the second will fall. If the dis- 
course of the duke of York was done .before 
Mr. Pilkington came into the room, if there 
were no discourse of the duke of York, it is 
impossible that should be the meaning. .And 
here I must observe, sir H. Tulse is a tb^Nuand 
witnesses in this case ; he tells you expressly, 
that there was no discourse of the duke nf 
York, he hath told you plainly there was uo' 
discourse of the duke of York, nor any dis- 
course of the duke*s name ; and what says sir 
H. Tulse P He says very plainly, there was e 
discourse of an order maide the day before. 
We allow the duke is mentioned in that order, 
but the question is, whether there was mention 
of the duke's name at that time. If yon be- 
lieve sir Harry Tulse, there was no mention of 
the duke's name. 

JustJoeet. He did not remember that there 
was. He did not remember that the duk^ of 
York was named. 

Sir Fra, Wum* By any body. 



am 



ftTATC TRIALS, S5CUA9LE8 II. l6SS.^for Pmjmy. 



[5If 



Jut Jones. He does not say, tbat the duke 
ira> not named. 

Hr. Williams. Sir Hairy Tulse is as much 
diKged to remember in this case a» any man 
hen. This will be a mighty evidence to jus- 
li^ my cfient, then tlie perfury will certainly 
m upon these, but we i^nll cleiu: this too. In 
this matter sir Patience was a most cautious 
eridence, so is he, he did not say positively, 
that there was no mention of the duke's name, 
kit he says, to the best of his remembrance. 
So that there is nothing proved against us. 
We will call Mr. Blaney, Mr. Blaney is a 
thousand men in this case. 
Sr Geo. J^. Is he so ? 
Mr. WUliams. He takes notes exactly. We 
will tell yon what was sworn by sir P. Ward. 

Shr Geo, Jejfi 1 have known him out in a 
terdict. 

Mr. PoUexfen. That the duke of York's 
name wasnamed in the discourse is not proved ; 
nobody says it was before the words spoken. 

Jost. Jones. After the words spoken ; it was 
flien he tells you ; but it was not before the 
thne of the discourse. 

Mc Pollerfen. There was a diaooorse of 
going to St. James's, and upon this discourse 
these words were spoken, that PiUdngton did 
^eak ; but the naming t^e duke was afler the 
peaking of the words in the declaration: 
tbefcfbre, there being nobody tbat does prove, 
tbat the duke was named in any discourse pre- 
eeding the words ^[loken by PiUdngton, I think 
it Is no evidence at all. 

L. C. J. Y6u make things so intricate, that 
no man shall be able to understand what ano- 
ther jnys, but must take it as you would have 
it. When it was said he had burnt the city, 
well, what says the other? Sir Wm. Hooker, I 
think, makes answer, says he, the duke is as 
ianoeent as a child, and he was one that en- 
deavoured to save it. Must not we understand, 
DOW, that this was a discourse of the duke all 
this while ? 

Mr. Pollexfen. .My lord, the question is, 
whether there were any such discourse pre- 
ceding- the words, or any thine* in question, but 
whatlia(>pened after the words ? 

Sir. Geo. Trebif. If the duke were not named 
befiwe the words, can the name of the duke 
teSst to the expounding of them P 
• Sir Geo. Jeff. No; but Hubert, ten years 
after he was bMiged. 

Sir Fra. Winn, My lord, I see we are in 
question for corrupt and wilful perjuiy. 

JL C. J. You bad best call your vritnesses ; 
for au^it appears you are so yet. 

^Pra. Winn. We will call our witnesses, 
and shew what h^ did swear. Mr. Blaney, 
will yon aeqaaint my lord and the jury, whe- 
ther you were by at that trial ; and give an ac- 
count of what you know sir Patience Ward did 
•wear, and whether you took any notes ? 

Mr. BloMy. I was present at the trial be- 
tween hia royal highness and Mr. Pilkington ; 
f did sit upon one of those stools there, and I 
ili4 take notes, to the best of my skill. 



^r Geo. Jdfl Have you your notes P 



Blaney. Yes, Sir. 

Mr. Williams. First of all, acquaint my lord 
and the jury, what was sworn by sir Patienea 
Ward. 

Blaney. Having received a subpmna from 
sir Patience Ward about this matter, I looked 
over my notes, and turned down the leaves in 
several places. 

Mr. Williams. Tell what sir Patience Ward 
swore concerning cutting of throats; and 
what that was ; Oecollect yourself about what 
was sworn by sir Patience concerning cutting of 

Alt. Gen. Pray, Sir, don't look upon your 
notes. 

Sir Fr, Win, Your witnew don't remember 
whether he writ notes or no. 

Blaney. I have read my notes to day, again, 
and looked upon them ; I do find it is thus, 
and I do really believe to be true ; for I don't 
know I never altered any man's evidence, 
either in substance or form. He did then say. 
Upon my oath, if it were the last word I was 
to speak, I did not hear one word of cutting of 
thr<Mits. 

Mr. Williams. Pray, Sir, say as he said. 

Blan^. These were the words : ' Upon the^ 
oath I have taken, if it were the last word 
I was to speak, I did not hear one word of cut- 
ting of throats.' 

Sir Fr, Winn, Was it writ so in your notes 
at that time. 

Blaney. It is so in my notes. 

Sir Fr. Winn. Are your notes altered sinoef 

Blaney. No, Sir. 

Sir Fr. Winn. There was no thought of 
perjury then ? 

Sir Geo. Jeff. Not by him, but by others. 

Mr. Williams. Are these the notes that wer« 
then taken ? 

Blaney. These are th&aotes that were then 
taken. 

Sir Fra. Winn. I ask you thia ; did you 
take them as he said them P 

Blaney. I did, tothebest of my skill, neither 
added nor diminished; Sir Patience in tha 
beginning of his evidence did say these words : 
That there was nothing mentioned of the.duke, 
but of St. James's, in bis hearing. 

Sir Fr. Winn. Are you sure the words are 
there ? 

Blaney. Thes are here. Anj man that 
could read my snort-hand may see it. 

Sir Fr. Wmn. Were the words then taken? 

Blaney. They were then taken. 

Sir JV. Winn. Are they. altered smce P 

Blaney. They are not, Sir. 

Sir Fr. Winn. How are the words ? 

Blaney. Tliat there was nothing mentioned 
of the duke's name, but of St. James's in hit 
hearing. 

Mr. Williams. If this be true, it shuts out 



the second assignment ; but however we 
ask him concerning the other assignment, 
whether there was mij discourse GonoeniiD|^ 
the duke after Pilkington OMna in. 



$19] STATE TRIALS, 35 Chahles II, l683.— IVw/ •/ Sir Patiniee Ward, [S«0 



Bianey, If yon please, Mr. Serj. JefTeries 
vas pleased to press U apoo sir Patience Ward. 
Sir, you were pleaseil to ask tlie question. Was 
all the dis4M>ur8e over concerning going to 8t. 
James's, or the duke of* York, before Mr. 
Pilkin^ton came in ? Was it all over before 
Mr. Pilkington came in ? And Mr. 8erj. Jef- 
feries then aaid >■ - ■ 

Sir Oeo. Jeff'. What did be answer to my 

Question P Was there nothing said of it while 
le was by ? ' 
Bianey. Sir Patience Ward said, Not one 

SrllaUe of it to my memory ; whereupon sir 
eorge Jeiferies said. Your inyintion is better 
than vour memory. And he replied, my lord, 
I thaiik God, I have a good memory, though 
perhaps that gentleman hath not 

Mr. Willianu. Was this written down in yoar 
book? 

Mlaney. It was then taken by me in writii^; 
in my book. 

Mr. Williams. Is any thing altered ? , 

Blan^. Not one word. 

Mr. WilHamt. Did- you write tliein sitting 
Ihere as they were suoken P 

Blaney, Just as he said them : There 1 sat 
where Mr. Owen sits now. 

Att, Gen. I>o you swear you remember any 
l>art of it? 

Blaney. Sir, this I do remember, as wdl as I 
^an i-emember any thing in the world. 

Att, Gen, Blaney, tell roe positively what 
he said. 

Blaney. He said. Not one syllable of it to my 
toemory ; I do remember it. 

Att, Gen. Upon what question? 

Blaney, Sir, of the doke's being not named, 
but St. James's, I do remember likewise ; but 
I cannot well say any thing of the business 
of cutting of throats ; I find it in my book 
unaltered, I do not know that 1 am mistaken. 

•Seij. Jef, Hark y6u, Mr. Blaney ; I know 
bis notes have been mistaken sometimes ; 1 re* 
member once upon Raree-show business, they 
were mistaken. Upon your oath. Sir, did ^ou 
hear sir. Patience Ward speak at that time any 
words concerning a law-suit? Lbok Upon 
your notes.-^B/an<^. Sir, I will %o. 

Mr. Polkxfen. What have we to do with 
tlaree-show? Are we trying that? 

Just. Witkin$, Gentlemen, don't be angry, 
let the canse be tried fairly. 

^9* J^ff', ^ "^y ^ * question, I hope. I 
ask a fair question, I would fain meet with that 
among his characters. 

Blaney. Sir, I would not have looked it over, 
H I bad met with any such thing in my 
notes. 

Att. Gen. Can you swear any thing posi- 
tively upon ycmr notes ? 

Seij. Jeff, It is some diseoorse near the ques- 
tion. 

Blaney. Then, Sir, indeed it is not in my 
aotes.^ 

^^yJ^" Did sir Patioioe. Ward use the 
irard. * positivetv' at any tiow in yoor notes; 
and tell us to what? 



Att. Gen, Whether b« was positive to any' 
one thine^ ? 

^i:i' J^ff' Di^ be swear positively to any 
one thing? And tell us to what ? I desire to 
be 8atis£d by Mr. Blaney 's notes. Some men 
can take notes on the one side, and foigei 
things on the other. 

Mr. WilUami, Come, Mr. Beaver. 

Blaney. I don't see tha word positive. 

HenyJeff. No, not at all. 

Blaney. I don't pretend to say I have written 
every word. 

i^rj.^Jeff. But you do pretend to write move 
than be said. 

Mr. Williams, What he writ is true. 

Sir IV. Winn. He does not undertake to say 
he writ every word that passed, but whether or 
no he writ any word that was not said, la all 
that you writ true? 

Blaney, I verily believe it is trae. 

L. C. J. Is that any manner ok' 
when he hath not taken all that was said, and 
so spoiled the sense, by leaving out soaie of 
the words? 

Just. Withins. How is it possible fat a nam 
to be a good witness, that comes and swears in 
one part, I know nothing of any such words ; 
and at another time says he does not write nil 
in his notes ? 

Sir G, IVeby. Let that pass for a rule, and 
then no witness the v produce can be believeil. 

Sir Fr, Winn. Tb^ have given evidence 1^ 
witnesses viva voce^ without notes, and make 
an objection, because he does not remember 
every passa^ ; therefore he signifies nothing'. 
We ui^ it m point of evidence, my lord ; be 
is kiiown to be a man very dexterous in writin|^ 
short-hand ; in a material (hing he swears to 
the best of his remembrance. He took them 
from the month of the person that swore at 
that time. My lord, we asked him, wheiAicr 
he writ any thmg that was not said. We leave 
it ia point of evidence, my lord, to oicomBfeer 
theirs. 

Mf. Williams. We would give our evidence 
in, if thev would give us leave.— Richard 
Beaver, Were yoo by, at Mr. PiUungton'a 
trial ? 

Beaver. My lord, I was by all the while. 

Just. Jones, Did you take notes ? 

Mr. Williams. Were you prf*s'^nt at the trial 
of Mr. Pilkington f^ Beaver. I was present. 

Mr. Williams. Can you remember what was 
sworn by sir Patience Ward upon that trial ? 

Beaver. Yes, Sir. 

Mr« Williams, Can you remember what air 
Patience Ward swore oouceming cutting of 
throats? 

Beaver, My lord, be did say. that to his beat 
remembrance the discourse was over before 
PJUin^ttm came into the room. ' To the heat 

* of my remembrance, ray lord, that diseourae 
' conretniug the duke was over bvlure Pilking* 

* too came mto the room. 

Mr. WtUiams. How did he express it ? pray 
swear h hat sir Patinice Ward spake $ Idll now 
Le expre:dedliimaei£ 



tei] 



STATE TRIALS, S5 Chahl^ IT. l6&3.— >r Ptrjmnf, 



[322 



, Beater, Sir PMienoe Ward did «ay, to tbe 
kit of lui vemembrance, that the disconne 
coDoernin^ his highnesn the duke cf YoHc wai 
«vcr before aberiff PiUdngton came into the 
n»oai, where they weire smoking tobacco. 
• Mr. WUUams. He said these words to the 
bKt of his remembrance ? 

Beaver. He did so. Upon which. sir George 
Jefieries said again to him, that he had a good 
Memory; and he said he had, and my lord 
chief justice said, you may thank God you 
have a good memory; my lord chief joatice 
kimselfsaidso* 

Hr. WUHana, What did he say? 

Beaver. To the best of his knowledge, he did 
not hear a^ thing of cutting of throats. 

Sir Fr. tvinn. Can you remember the way 
of his etpresaon ? 

Beaver^ The way of his expression was, as 
I remember, to the best of n^y remembrance, he 
did strike lus hand upon his breast, . and said, 
when sheriflT Pilkington came in, he struck 
his hand upon his breast, and asked him if he 
■Kftnt Hubert, so he said, upon his salyation, 
or fo the best of his knowledge. . 
• 8ir Fr. Winn. What did be say ? 

Beaver. He said — 

Sir Fr. Winn. What did he say conoarning 
OBtting of throats ? 

Beaver. Ae said he did not hear any thing, 
aabebebered. 
* Just. Janes. Of what ? 

Beaver, Of cutting of throats. 

Just. Janes. Is that all he said, he did not 
hear any thing of cottipg of throats ? 

L.C. J. You friend ; you said that sir Pa- 
tience Ward said he did not remember any 
thing of cutting of throats ; did you say so P 

&aver. Yes, my lord. 

L. C. /. And thereupon you say, my lord 

liefjastioe did commend his memory for it ; 
pry'tbee,how came he to be praised for such a 
cnat memory when be said he did not remem- 
ber any thing ? Thou hast not laid the plot 
weU together. 

. Just. Wit hens. Was he commended because 
he said he did not remember P 

Just. Jones. Where did you stand ? 

Beaver, I stood oTer-against sir Patience 
Ward- 
' Just Janes. Did yon hear well P 

Bearer. Yes, my lord, I heard every word. 
Hesaid he got honour by speaking words against 
the Duke ofYork. 

SvA. Jones. What is that? 

Beaver. .Th^X Pilkington had got honour 
bv meaking against his highness the duke of 

Serj. Jeff. In the mean time look that part 
ant in your notes, that he speaks of. Now I 
woidd aak you a questi6o, friend. 
' Att. Oen. Pray will you recollect yourself ? 
Didyou hear sir Patience Ward say, to the 
best of lus remembrance, the discourse concem- 
iog Aie duke qIl York was ended before Pilking- 
ton eame in P Pray what did he say, tOttcUng. 
the discouiae of thedukiB of York P 

VOL. IX. 



Beaver. Sir, hesaidtohisbertrememhranco 
that diaoonrse was over. 

Att. Gen. What discourse P 

Beaver. Concerning his highness, that it 
was orer. , . • ^ 

SoKf.Jeff. Mr. Bearer, I would ask yon ii 
Ijuestion, becaute I know you wiUronember 
it presently. Do you remember any thing sir 
Patience Ward swore, tlwt he newer had a law 
suit in his life P Do you remember any thing 
ofthatP • 

Beaver, If you please, |9ir, there was some- 
thing said of tnat.' % 

Snr|. Jeff. Then look that in your notes too; 
Bir. Blaney— — 'Pray, upon youivoaib, do you 
remember he used the word ' positively ?' * 

Beaver. Nothing at all,^ positively. 

Id, C. J. Upon my word your memory must 
be commend<Ml. 

Serj. Jeff. Mr. Beaver, where do you live,. 
Mr. Beaver P 

Beaver. I live, sir ! You know weD eftougb, 
sir: what would you say to me ? 

8etj.Jeff. lonlydeaire to know where you 
live. Sir. 

Beaver. I live in Soaper-lane, Sir. 

Mr. Williams. He is an honest man. Ha 
was commended when he was chnrch* warden, 

Seij.Je^ Many a wise man hath beenin that 
employ. 

Mr. Williams, 5Ir. Crii^, yon were present 
at the trial between his royal highness and Mr. 
Pilkington. 

Cri^, My lord, I was present here. 

Mr. WHliams. Can you remember, Sir,^vhat 
was sworn by sir Patience Wkrd concerning 
cutting of throats, and how he sware it P 

(^risp. I cai>not give any perfect account : I 
was here, and a great many, expresnpns I did- 
hear, a great matby 1 did not hear. I beard sir 
Henry Tuise give some account, and sir 
William Hooker, that Mr. Pilkinffton should 
say such words about the diuce's being 
come. ' 

Just. Withens. Go on, pray, gentlemen.- 

Mr. Williams, Can you say any thing of, 
what sir -Patience Ward swore about cutting of 
throats? 

Crisp. Sir' Patience Ward was speaking 
whether or no such words were spoken that 
were swore ; he did say there was something 
said, that * he was conie to bum the city,' that 
he did confess : but as to ' cutting of throats,' 
tiiere was not a word spoken * in my hearing,', 
or to the best of my ' remembrance,\or some* 
thing to that purpose, I cannot be fjositive. 

Air. Williams. Can you be positive in this. 
Sir, that he said < in \aa hearing,' or ^ I cannot 
* be positive? 

Crisp. I took it in that wav, Sir. 

Mr. Williams. Pray, Mr."^ Crisp, I would 
ask you this P Da you remember any thing he 
said, whether IJr. PiOrin^n was in the room, 
when there was any discourse of his royal 
bigness, or the duke' of York ? 

Crisp. To the best of my memory, he spake 
it thus: We were dijicourslng together about 

Y 



325] STATE *|;&tALS, $$ Ch ables II. i6S3.— W-W of SSr Patknee Ward, [3524 



Ifoiii^ to wait m hm nAJestv, and then to go 
to his royal highness; mm we entered into^ 
some other discoorse ; and when we were dis- 
eoivsoig of that, Mr. PiHdngton camertotfae 
table to us : it was concerning the work of the 
day; aiid when we were about that ^diacooise, 
Mr. FiDdi^^Qainetoustdthetable. Whe- 
ther he said he was not in the room, or can^e 
mto the room then, I cannot toll ; but I re- 
member he said he came to the taUe to us 
-when we were about this discourse. 

* Sir IV. Winn. Do you remember any thmg 
that my lord chief justice said to sir nitieDee 
Ward's evidenee. 

Crisp. That I reroerober more than any 
other particokr, beoauM sir George Jelferies 
had made some reflection upon sir Patience 
Ward, and my lord' said, 8ir Patience, that is 
usual with counsel to speak so to evidence ; 
hnt do you go on with your evidence for all 
that, says my lord chief justice ; sir Patience, 
ridcollect yourself; it is supposed by your evi- 
dence, that vou feare out those worJfs, either 
about the duke of Yoric's being named, or 
about < cutting of throats ; therefore, sir Pa^* 
tienc^, recollect yomrselfT Says sir P^Oienee, 
I do speak it to the best of mv memory. Says 
M George Jefferies, upon tbator some other 
time, Your invention is better than your me- 
mory, which I took more notice of than other 
thinpiv. 

Sir JPr. Winn, When my lord chief justice 
bade him recollect himself^ how did he express 
himself? Did hcf say, to the best of his mo- 
monr?— Crij/). That he did, positively. 

Mr. WillituAB. Mr. Crisp, recollect yourself, 
as near as may \3fii When my lord chief jus- 
tice made that a^Wer, either to those words 
of i cutting of throats,' or the duke of York's 
being mentioned ; was it in the conclusion of 
his evidence r 

Criip. It was towards the conclusion ; for 
I. went away, being very much swdtered. 

Serj. Jejf. Mr. Crisp, did you hear sir Pa- 
tience Ward say, in his evidence, that he never 
had any suit? 

Crisp. He did speak something when you 
did reflect upon him, ' I do not remember that 
' ever I had any thinff to do with courts ; my 
*■ business is at home.' 

Seij. Jeff, A further question I ask. Mr. 
Crisp, can you tell upon your oath, whether 
nr Patience Ward swore any thing posi- 
tively P 

Crisp. I do not know, Shr ; I took no notes 
at all ; I cannot swear, or declare fhpse words 
which were not spoken ; but still it was in * his 

* hearing,' or the * best of bis memory.' 

Se]j. Jeff. Do you remember he ever used 
the word ^ positively,* or was positive in any 
]^ of that trial? 

Crisp. I do rememl^er he spoke it very po- 
sitively } but whether he said the word * posi- 

* iive,' I cannot^say ; but still it was wich this 
feservation. 

Seij. Jeff Hark you, Mr. Crisp, I will ask 
you one thing more. Do yon take it upon 



your oath pootively , that he used either to di« 

< beat of his memory,' or the * best of bta \m* 

< lief,' in any thing be said ? 

Crisp, In his answer tp my lord ehief jitt<« 
tice he did. 

Seg. Jeff. Jn any other part, will you take 
it ujion your oath, positively, that he ever used 
' the b»Bi of bis remembranor,' or the * best 

* of his belief?' 

Crisp. I said before, I did not fix it in mf 
memosy. 

Sir Fr. Winn. My lord, he thinks it oon- 
venient to say to the best of his memory to«& 
CaU Mr. Wright. 

[Here the king's counsel attempted to re- 
mark on the evidence.3 

Mr. Williams. Pray, my kwd, when w« 
havel^ven all our evidence mtire, if they have 
any cwservation, we will submit to it ; but i» 
remark upon every witness, would occasion 
too many mierruptions* We would give Our 
evidence intire. 

L. C. J. Vou will agree, that they may ask 
a question when you have done with them ? 

Mr. Hoh (to Mr. Wright). Was you present 
at the trial between his royal highness and Mr. 
Pilkington? 

Wright. Yes, Sir ; and sir Patience Ward, 
I remember, was asked this question. Whether 
he heard any words concerning kOling, or cut* 
ting of throats ; and sir Patience Wlrd saicfy 
For < killing' 1 heard that discourse; but for 

* cutting of throats,* he never mentioned. 
Mr, Witliams. You are a gentleman that 

exercise your mempry ; pray, oir, did he b9j 
anything of cutting of throats ? 

Wright. It was to * his bearing^ or tlM^ 
*' best of his remembrance ;' be did it very 
cautiously. 

Mr. Williams. Was it as he believed or re- 
membenad, Mr. Wright? Did be say posi« 
tively there was no discourse of cutting of 
throats, positively, or with any reference to \a9 
hearing? 

Wnght. As far as I can remember, thus be 
said, Xbere was a discoune concerning < firinfT 

< the city,' but not concerning < cutting of 

* throats.' 
Mr. Williams. Did he say that positivdj, 

or to the best of bis understandiug^? 

Wright. The occasion of it was (his, Slr» 
VFhether Mr. Pilkington was present when the 
discourse was about waiting on his majesty^ to 
conffratulate his coming to town from New- 
tna»et, and his royal highness ; sir Patience 
Ward did believe he was not then present when 
the discourse was ; he. was in Guildhall, with 
the lord mayor, licensing of ale-houses. 

Sir Pr. Winn. When he did mention that 
about < cutting of throats/ how did he express 
himself? 

. Wright. < I believe, or do think^ there wae 
^ no such word spoken.' 
' Serj. Jeff. I would ask your parson one 
question. 

Wright. What yon please, sir Geofge. 



3Q$j 



STATE TRIALS, 35 Chakks II. ]fiS3.— /w* Perjury. 



[326 



JtL Gm, Can Toa swear yoarself posi* 
iirehr what be sttd ? 
Wright, I swear thus &r, aocording to^ my 



Seij. J^l I wooJd ask him a questio' 

Att. Gen. All iasoi^ must be tried by belief 

er memory ; what new practice is this ? Cao 

yoo swear this upon your oath, or do yoo only 

•ay, I think or believe it ? 

^Wright. I speak to the best of my reraem- 



Serj. Jeff. Mr. Wright, I would ask you a 
qoestioD. If I take you right, at the hegm- 
mag, there was a talk concerning kHfing and 
cattiiig of throats; my lord, I appeal to the 
meskory of the court and the jury, if he did 
not say it two or three times over. Mr, Wright, 
lememher what I say. 

Recorder, fie did say it caotioiisly. 

Just. Joneis. He did not insist upon it. 

Seg. Jef, Was there any discourse, upon 
your oath, when sir Patience Ward gave his 
testimony, that there was any discourse con- 
cerning kiDine and cutting of throats ? 

Wright . He believed that the word * kilfing' 
was not spoken in Mr. Pilkington*s hearing. 

Hetj, Jeff' Now I ask you another question. 
Now, Mr. Wright, pray do you remember that 
there was any discourse concerning sir Pa- 
tience's having a law-snit, or no law-suit ? 

Wrig^. Sir Patience said this when yon 
made & reflection upon him. ' My lord, 1 hope 
you win not sufier me to be abused; for I 
never remember I was in any court upon any 
•oeasioii of law before. 

Seg. Jeff. Now I would ask you another 
question, Mr. Wright, because yon have re- 
membered more tmm other people have re- 
membered ; you have, by your profession, an 
extraordinary occasion to use your memory; 
do yoa tidce it upon j^pur oath, tiiat he did 
give any evidence positively ? 

Wright. I do not remeinber he used the 
word ' positively.' 

Serj. Jeff. Did he swear any thing positive] v.^ 

' Wright. I do not know what you mean by 
* positively.' 

Herj. Jeff. Bo yon take it upon your oath 
thai he did positively declare any thing in that 
trial? Metninks a man of your profession 
ihoiilil understand that. 

L. C. J. Did he speak < positively,' or ' the 
' best of bis remembrance r Do yon not un- 
derstand ihat word ? 

Beg. Jeff. Or directly, oi: categorically, or 
any word yon use ; I perceive you do not un- 
derstand * positive,' therefore I put another 
word. 

Att. Gen, Did he swear any thing posi- 
Jifdy? 

Wright, The most of his evidence that I 
heard, was with cautionary words, to the best 
of his remembranoe. 

Soj. Jeff. Do you remeniber he swore any 
iSuDg positively ? , . 

Wright. IcumotxememberySir, thewhole 
triiL ', 

1 



Serj. Jeff. IMd he swear any thing directly 
or positively ?. ^ 

Wright, Thus &r he sidd. To the best i>f 
my remembrance, to ^he best of my know- 
le^;e, this dkcourse wats over. 

Serj. Jeff Did he directly swear it ? 

Wright. My lord, he spake, cautionaril|r, 
those words he spake directly. 

Ati, Gen. Did he swear any ^ling indi- 
rectly ? 

Swj. Jeff. Where does my parson live? 
Where do you live, Mr. Wright r Upon yovir 
oath, where do jrou live, before you ^b ? 

Wright. If It be a material question, I wiU 
answer it. 

Just. Raymund. You must do it. 

Wright. My lord, 1 live in Essex, at Wal- 
thamstow. 

Serj. Jeffl Are you the minister of the placef 

Wright. Yes, Sir. 

Serj. Jeff. He hath heard the word * killing^ 
which nobody else heard before. 

JiHt. Willianu. Pray call colonel Birch. 

Mr. Holt. Come, cd. Birch, will you come 
over on this side F 

Mr. Williams. Thus, were yon at the trial, 
between his royal highness and Mr. PilktngtOn? 

Col. Rirch. I was. My lord, I am sworn 
to speak the tni^, and the whole truth, and 
nothing but the truth. As for speakinjg no- 
thing but the truth, I shall be sure to £ ; as 
to speak the whole truth, I cannot My lord, 
I stood where those gentlemen do. Some- 
times I could hear, sometimes I fell back, and 
could not hear, so that * indeed I cannot spedc 
to any ope sentence as it was delivered. Thft 
is all I can say. 

Mr. Williams. Then say what you can. 

Mr. Rdt. Colonel, please. to go your own 

Col. Birch. My lord, that which I took no^ 
tice of was the caution that I observed sir Pa- 
tience. Ward to give his evidence with, that 
was the principal thing ; I heard fiome piecep 
of other things, and then by -and by I was put 
out of hearing. ' But methought it was some- 
thing strange, because I have not usually heard 
the Ske, and therefore I charged my memori^ 
with it ; that is, Some things he said to the 
best of his memory, other things as he remem* 
bered, or to the best of his knowledge ; these 
were the things that I charged my memory 
withd, but to what sentence he applied, I am 
not able to give your lordship an accoimt, upoa 
my oath. 

Mr. Williams. Colonel Birch, did you ob- 
serve this in giving his evidence, generally : 
was it according to his remembrance, or cau- 
tiously? 

Col. Birch. That warf the main thing be- 
spoke of; what he did in the general, was 
with caution. 

Att. Gen. Can you judge of that by wliat 
you heard? 

Col. Birch. I am very ancient, Mr. Attor- 
ney; but I canju^eof a man's caution Ky 
his speaking. 



^27} STATE TRIALS, 35 Ghables 21. l6S$.^Trial of Sir Peiimee Ward, £92^ 

Mr. Williamt. Did yon observe upon .the 
trial, that sir Patience Ward did swear g^»- 
nerally po8itivdy> or to the best of bis remem- 
brance ? 

Baker, I apprebended bim to swear to hm 
hearing and memory sopfietimes. 

Just. Jonet. Do yon remember the partico- 
krtbiogft be swore ^ — Baker* No, my lord. 

Seij. Jeff. I would ask Mr. Blaney (his : J 
know you exactly take notice of what he says ; 
find o>ut in your book. Sir Patience, sir Patieace, 
you speak to yonr mepnory. 

Mr. WUUanu, Mr. Bennet, pray can you 
Temember what was sworn by sir Fstkoce 
Ward? 

Bennet. Sir, I was here, and I oouU bear 
very litde ; but then some, time afVer, some*- 
thing towards the latter end, I got my head io^ 
and could hear a li^e, and that was that Mr. 
Pilkington was not at the taUe, and the dis- 
course was ended before he came, of waittnip 
upon his royal highness, about going to hia 
majesty, and after to St. James's. 

Mr. WilUanii, How did he' speak that, poair 
tiveiy, or to his remembrance ? 

Bennet, He was asked both by you and sir 
George Jefivries. He did not answer you, but 
he answered sirGcof^^ ; for sir George asked 
him (his (question. Was this discourse quite 
over before Mr. Pilkington came in ? He di^ 
declare— (I will tell you immediately, if you 
will gif e me leave) He did declare not one tittle 
was spoken, or to that purpose. It was the 
latter part, near it I am sure. 
' Sir JFV. Winn* How did he express bimaelf 19 
that ? 

Bennet. He declared, as I have- told yon, 
that not one syllable was spoken in hie 
hearing. 

SirJPr. Winn. He says, my lord, that nol 
one syllable was spoken in bis hearing. 

Seij. Jeff. The court hears what he says. 

Sir Fr. Wmn^ Sir, that agrees with the notes 
of Mr. Blaney. 

Serf. Jeff. The word that he said was, to 
the best of bis memory. How was the word» 
sir Patience, sir Patience! 

Blan^. . That was not in. Sir. 

Sir Fr. Wiiin. My k>rd, now we will ge t» 
another, part of the evjdence ; we win call 
persons of quafity, that have long known air 
Patience Ward, tbat will give your lordship aa 
account, whether he be a man lik^' to i^- 
swear himself corruptly and wilAiUy.— GKr 
William Russel, are you sworn? Pray how 
long have you known sir Patience Ward? 

Sr W. RuueL Near upon 20 years. « 

Sir Fr. Winn. Pray will you give an ao 
oonnt what you know of him ? 

Sir W. Russel. I have had several tnmsiic* 
tions with him foi^ several sums of money, I 
never found but very iair, and bonesl^ and re- 
putable dealing. I have known him almo8| 
SO years, I have deak with him for several 
sums of money, and have (bund him very fiur, 
iust and reputable in aU transactions befvreen 



Att. Gen^ Cplonel, did yon see him 
his hand upon his breast? 

Col. Birch. 1: do not remember. I cannot 
apply it to any sentence ; but from henceforth 
I Mriu never give evidence, but what I can do 
directly. 

Mr. Williams. Mr. Noitbey, were you at 
the trial between bis royal highness and BIr. 
Pilkington? 

iforthey. My lord, I was there, and* stood 
^ behind there, but 1 could not hear very per- 
fectlv, to know any sentences fully. 

Bfr. Williams. What did you observe ? 

Northey. I do remember that sir Patience 
Ward did several times say, to the best of his 
memory, and to the best of his knowledge, one 
time particularly, sir George Jefleries did par* 
ticularly say, that his invention was better than 
his memory. 

Mr. . Thompson. Was that towards the con- 
clusion of his evidence^ , 

Northey. He did it several times. 

Mr. T&fmpson. But that time. Sir ? 

Northey^ He did swear very cautiously, to 
the .best- of his remembrance ; I cannot, my 
lord, say what he swore. 

Sen. Jeff. You heard my question : when 
I said to him his invention was better than his 
memory, upon your oath, upon what occasion 
was it? 

Northey. Really I cannot say, sir George, 
what ; but your voice being much louder than 
other men's I heard you plainly. 

Mr. Boll, Mr. Nelson, were you at the trial ? 

Nelson. My lord, 1 was present at tlie trial, 
and^in some cases sir Patience Ward did rely 
upon his memory, for sir George told him, his 
invention was better than his memory. 

Mr. Williofus. Do you remember generally 
he did so ? 

Nplson. I had not remembered this, Mr. 
Williams, if it had not been fox sir Gewge Jef- 
feries's reply. 

Sir Fr. iVian. Mr. Baker, pray will you 
tell my lord what you know of sir Patience 
Ward's giving^ evidence ? 

Baker. My lord^ according to the best of 
my remembrance, my lord chief justice Pern- 
.berton did say, sir Patience, sir Patience, vou 
speak to the best of your memory, to the nest 
of your remembrance; I say, my lord chief 
justice Pembertou did speak to sir Patience 
Ward, sir Patience, sir Patience, you speak-to 
the best of your, memory. My lord, says he, 
I do it to the best of my remembrance; my 
lord, all that I can say. 
. Mr. Williams. X^an you remember the oc- 
casion of this, or the time ? 

Baker. My lord spoke to him once or twice ; 
pa I remember, he said once, mind yonr evi- 
dence, sir Patience ; sir Patience was angry a 
little at somebody. 
. Mr. Williams. Can you^ say what was it ? 

Baker. Some words, ^ I remember, passed 
between sir Geoige Jefferies and sir P^ence. 

Mr. Wiliiams. And what was the occasion ? 

Baker. 1 cannot remember, itideed. 



liim and me. 



99] 



STATE TRIALS^SS CHMtLBS II. iGS^^mr Perfuif. 



£330 



Mr. WiUiam, Do yoo Oink be would wil- 
kij or eocmptlj foiswear himself? 

w IF. RmsteL I nerer bad that opinioti of 
him : I was impaimeDed upon the jyoy, but the 
eoait refused me, and I went away. 

Air. WiUuau, Sir,^ did you observe him to 
ke a man of truth in his tradbig ? 

Sir W. Riusel. ETer.Sir. 
* Vr.WiUiamSn Was he given to tell lies, or 
[itvancate? 

Sir FT. Rustel. I always found him a man 
of truth and justice in his dealing, all the time I 
dealt with lum« 

Set}. Jeffl 8a WilKam, I know you will 
■peak the truth ; you are a civil gentleman. 
Have you not taken him to be a factious sedi- 
tious man ? Did you look upon him to be a ^ 
man weU-affected to the king and govern- 
ment P 

Sir W, BmsscI, I never did concern myself 
in those affiiirs much, I never had any converse 
with him about them. 

Seg. Jeffl I know you were a oommon- 
43oimal-man in his mayoralty. 

Sh W. Ru$9eL 1 was a common • council- 
man in his time. 

Ait, Gen, Pray upon your oath, did you 
look upon him to be a man well afiected to the 
government? 

Sir W. Rustel. I do not understand, Mr. 
Attorney, that I ought to pass my opimon upon 
penoDs in thatpoint. 

Ait, Gen. Have you not observed in the 
4nty bis actions there ? 

Sir W. RuueL I was concerned in that time 
wbeo he was mayor. 

Att, Gen. How did you observe bim ? 

Sir W, Buitel, ^ I do not know that I have 
heard him sp«ik in a court of aldermen. 

Ait. Gen. I ask you, Sir, would he strain a 
point to serve a party ? 

Stf W. EuiteL Ido not know. Sir. 

Mr. Williams. I think you have known sir 
Puieoce a Sfeat while : Do you take him to 
be a good suoject to the king, or no ? . 

Sir W. Bumel. I never Knew otherwise by 
him. 

Sir JV. Winn. Mr. John Johnson. 

Just. Jones. This kind of evidence doth 
weurfa rery little. 

Kecarder, It is a very improbable thing, that 
a man that hath borne so many great offices,' 
dtat hath represented the king in that ^reat 
office of lord mayor, should be guil^ of this. 

Ait. Gen. ; My lord, if they talk or reputation 
at large,' we will call all the court here for the 
r^otatian of our witnesses. 

Just. Janes. ^ For a man that hath been Ik» 
qminent as sir Patience hath been, there is 
very little more to be said for his reputation. 

Dir jyi IFiiift. Mr. Johnson, do" yo« know 
.sir Patience Ward ?'^Johnson. Yes, Sir. 

ftr Fr. Winn. How long, Mr. Johnson, have 
yoD known hini ? 

Jokuon.' Ten or twelve years, ISr. 

% Fr. Winiu Have you had dealing with 
Jiim? 



Jokmm. Yest Sir, for considerable sums, for 
thousands of pounds. 

Sir JV. Winn. Has he dealt with yon as a 
jpstmn? 

Joknson. A very honest just man as ever I 
dealt with in my life. 

Sir Fr., Winn. Do yon tliink he would for- 
swear himself? 

Johnson. I don't think he would teU a lie. 

Att. Gen. No, not for a party? 

Johnson. No, not for a party. Said I, sbr 
Patience Ward, you are lookedi upon to be a 
person disaffected, to the government. Says 
ne. It is my misfortune ; I am as loyal as any 
man in England. 

Just. Withins. Hark you, IKr, pray how cam? 
you to question whether he was or no ? 

Johnson. ,Belng intimate with hira, Shr. 

Jost. Withins. What made you doubt, to 
adc the question ? 

Mr. Pollexfen. Do you apprehend him to 
be a man that would forswear nimself ? 

Johnson. No, truly, he was a man of fow 
words. 

Nr. Follexfen. Was he cautioos ? 

Johnson. Yes, Sir, as exact a man as ever I 
dealt with in my life. — 1 am very well known 
in the court, i don't come to serve a party* 
I can serve his majesty as well as some m 
court. 

Sir Fr. Winn. Mr. Toriano, how long have 
you known Sir Patience Ward ? 

Mr. ' Toriano. Thirty years. 

Sir Fr. Winn. In afi. the time have you 
looked upon him as fair in his dealing ? 

Toriano. 1 have known him a man oi truth, 
one that would not be false, to bis knowledge. 

Sir Fr. Winn. Do you think he would for* 
swear himself? 

Toriano. I don't think be would tell a lie to 
his knowledge. 

Serj. Jeff. You say how long you hava 
known sir Patience Ward: Have yon not 
wondered vfithin.3 or 4 years ? 

Tortano. I have not meddled with things. 
He hsiiix by his discourse been as loyal as man 
as any. 

Mr. Willianu. Mr. Pickering, bow long 
have you been acquainted with sir Patience 
Ward? 

Picke^ng. My lord, I have been acquaiaAed 
near 40 years. We bsve dealt together as 
long as he did follow a trade. 

Mr. Williams. Pray, in your oonversatioB 
and dealing with him, did you observe him a 
man i^ven to lying, or falsniess, or deoeitfUU 
hess, m his conversation and dealing ? 

Pickering. I never in all my lifb did observe 
bim guilty of any thing, inchnin^ that way, 
but of a fair conversation, .never given to mai^ 
words. 

Mr. Williams. Dq you think he would cop- 
rupUy forswear himself upon any account? 

Ftckering. Truly I bdieve not vrillingly do 
it, nor any ttiinff that way. 

Att. Gen. fiu. Pickering, yon hstre observed 

im to be swervhur Of late r 



him 



931] STATEITRIALS, 35 Cha^lss U. l^S^TtiM 9f Sir PaUenee Ward, \Z^t 



Pkkering. Truly I hart been a ooimnon 
couQcil-mai) m the ward where he is Mer- 
«MRi, and all the disooune I heard frobt him 
fpas very loyal truly. 

IBeri. Jeff( By hSs actions vou hare looked 
apoD him to be a man very well affected to the 
gfovtmrnent ? 

Sir Geo, Trehy.CTo Capt. Griffith.) Do you 
Icnoff sir Patience Ward ? 

Capt. Griffith, I have known him evtr fiince 
lie hath been alderman of that ward. 

8ir G, IVeJy. How many years, sir? 

Capt Griffith, About Airteen or fourteen 
year^, 

ISu* G. Treby, In all that time how have yon 
looked upon him ? 

^ Capt. w-iffith, I have looked upon him in 
<diat repute he was in as an alderman. I never 
liad any dealin§f with him. 

Sir G, Trelw, Did you think he would fbr- 
«#ear himself r 

Capt. Griffith, No truly, I think no man of 
liOBouf would forswear himself. 

Att, Gen. Captain Griffith*, upon your oath, 
how hath he carried himself towards the go- 
yernment ? 

Mr. William. Sii- Harry Tube, in all your 
time did you find him to be a man given to 
lell stories for truth ? 

Sir if. Tuke. Sir, I never had any dealing 
with him in matter of trade. 

Mr. Williamk. How did you find him in his 
conversation. 

Sir H. Tuhe. Truly, Sir, I never heard any 
thing ill of him. 

B(r. Williami, Do you find him a man of 
fiilsi^ or truth in his conversation ? 

Sir H. Tulse. I never had any dealing, so can 
speak little ; I never heard any thing amiss of 
mm ; I have heard he is a very considerable 
merchant, and I believe he is so, and accounted 
a very civil gentleman . I have had the honour 
to sit in the court of aldermen ten years with 
him, .and we have had sometimes some differ- 
ence in judgment. 

^ Sir Geo. Treby. >Vould he wilfully forswear 
iiimself, do you think ? 

Sir H. TuUe. Tnily, I believe not 

Serj. Jeffl Do you believe every ^iog he 
«wore at the last trial was true ? You are upon 
yopt oath, sir Harry Tulse. 

Sir H, Tulse. I believe they were not true. 

Serj. Jeff. Sir William Hooker, we would 
give you no mcfre trouble. 

Bfr. Williams^ Because they called you, Sir 
WiHiam, I would ask you a question, what do 
you think of sir Patience Ward P 

Sir W, Hooker. Truly thus, according as it 
htfth been said ; but truly when I consider what 
* condition sir Patience Ward was in, wfacui he 
delivered his evidence; for to my reniem- 
hrance, he Ibdced Like k man three quarters 
dead — 

Serj. Jef. Do yon believe whatever he swore 
was true ? 

^ IK. Boohef^ I doiiot remember any thing 
he swore then* 



Just. JMCB. Have Jrott dene f 

Mr. Williatm, We have done, we leave it to 
the court. 

Serj. Je/fi SirFnmGisIiBe— <8irFrancb,wer« 
yon at this trial, and do yon remember what air 
Patiettoe Ward said at the trial ? 

Sir JP. Tfifnii.- Always yoa come wHh dropb 
at last. 

Mr. WilUami. This is a new way of going to 
woik. 

Sir Fra. Lee, I was upon the jury between 
hift royM faighnen and Mr. Pilkington, and ritr 
Patience did swear, that Mr. PilCngton was 
not in the room, when the discourse concerning 
the dnke of York was mentioned ; but afteri- 
wards did swear, when Mr. Pilkington said, he 
hath burnt the city, said he, I clapped my hand 
upon his mouth, and the other upon hK breairt, 
and bid him explain himself; who do you meait, 
Hubert ? Sir Francis Butler, who was our ibre.- 
man, and stood next to me, jogs^ed me, and bifl 
me take notice of that ; and so I did : and after 
we had this disiconrse together, he said, air 
Francis, I would have had you to take notice : 
did you take notice of it ? I told him I did. 
Truly it seemed clear to me. That he shoolii 
swear he was not present at the discourse about 
the duke of York, atid afterwatds be must hifer 
he meant the duke of York ; or else, what should 
he have stopped his m<kith for ? 

Mr. Wiuiams. My lord, here are fl^ntlemeh 
that heard aU the trial, they might have been 
called certainly in order. But, my lord, to come 
in at last, when the thing is heard on both sidete 
tiien to come in with witnesses again, I do noC 
\uiderstand. 

X. C. J. They may caH theirs, when you 
have done with yours. 

Sir F. Winn. My lord, I will bntput this one 
instance ; in a dvii cause it hath been denied, 
much more in penury. 

Mr. Williana. We will leave it to the court ; 
if Mr. Attorney says he will, we will. 

Just. Withtns, Take your liberty on hoth 
sides, I pray. 

Att. Gen. If sir Patience did not know ft to 
be fiilse^ then it is no periury. 

Sir Geo. freby, I said no such words.* 

Just. ^Mi?u. They ^esdve they will Con- 
clude ; therefore, gentlemen, take your time.' 

Att. Gen. I remember what you proposed 
the odier day, you made a speech after two » 
three o'clock in the afternoon . 

Sir Geo, Trehy. Who, did I ? 

Just. Wlthins, Nay, gpod gentlemen, do not 
quarrel. 

SirG^. Treby. Idesiretosayatrordortwd. 
That your evidence doth not at all encounter 
ours, It stands with it ; let them have as mucti 
reputation as they will. They say, sir Patf- 
ence Ward did say thus and thus, as concern- 
ing catting of tiiroats, and' as concemfaig dih 
discourse Sebg ended, and as coiit*erninjg the 
duke's being not named ; ours say the sattM 
too : but they say mot« ; thc^ say, he said 
with all the caution in the world, ftom ilie be- 
ginning to the end. My lord chief joitic^ 



»3] 



STATE IRIAU^ 35^ CtfAlLB&Ii. iStX^fat Pit^mrg. 



[594 



MfcymTeeoneothtiiiaeir; he layB, 1w speiki 
to kiiineiiKiry. Upoa sir George JeffeirieB*s 
^MtieDyliesays, he speakatothe best of his 
lemembrance, and tiieraapen is tet memora- 
Ue mly of sir Geoi^fe, your hiTei^ioit is 
better man year mentoy. ,One of their own 
vitneseeB says it was so, and so says Mr. 
Kttiey, and so says another witness. While 
Ihediscoane continued, whether he was ther« 
sr noy sir Harry Tulse doth agree, that he 
cannot say he dM see him. Now, nnder ftiyour 
if he did not see him, hemight say he was not 
tfiere, fivr no man can swear otherwise than 
a ecoidttg lb his senses ; what a man does not 
fee, may be behind his beck, i^hough he had 
not limited himself with that caution, as he did 
fimit himself with the greatest caution, and 
saii, as he did believe, he was not there. My 
Und, none of their witnesses win undertake to 
say he used the word positive : they don't 
deny the thing, it is impossible any man 
ihooid ; but diat there were these words of 
limitation, they might K; said, and not heard 
by them, they might be said, and not observed 
by them. None of them did pretend to write 
notes, except tiie first ; and from the evidence 
ef the first, I have aU the reason in the world 
to hdieTe, that bis notes did contain all those 
SButionB, and all those qualifications, that we 
mak of; why else should he be to seek to 
Ml written short-hand ? He did not know • 
whether he had notes here ; he did know, 
whether he had consulted the notes since. 
Would any roan in the world lay by notes at 
this rate, that intended to give nill evidence ? 
Though I will say that for him, he does not 
undertake to say positivdy, but according to 
the best of his memoiy, and according to his 
belief. Sir WilKam Hooker says, he was in a 
great confusion. Here are a jp^at many gen - 
Semen beyond all exception m the world, that 
do say his dealing was so ftir, that he never 
toM a Be, ^at he was most exact and most 
jost in bis dealing. It is impossible that a 
man riioold avmd such an evu as this is, for 
so long a time, and in so great places and 
sffiees, j^id should now at last be guuty of such 
a vile and base sort of crime as perjury is, 
whieh no man ought to presume of another, 
unless there be the greatest and plainest proof 
to the contrary. Bat, my lord, on oar side is 
the pbunest proof diat can De, by witnesses that 
remember the words as well as the qnalifica- 
tions ; and one of our witnesses is worth abun- 
dance of their witnesses that did not write, 
e^eciaBy such a one as does not shew his 
notes. Hut as I said before, they were tes- 
tified by sir Patience Ward, with all those 
cautions ; and we do think, that there is no 
cpkrar in the world that this should be perjary. 
Hr. Williams^ Gentlemen^ I am of counsel 
ibr the defendant, and the question is, gentle- 
neo, Whedier sir Patience Ward be ^ilty of 
the wfijful and malicions peijury thatis laid to 
Us charge in this information ? Gentlemen^ 
it is agreed on all hands, and that will appear 
ts you, there bath been no manner of evidence 



|(ifeBlbrthe kmgvagaimft ^ P^ukienee Ward 
eitheraa to his honour, or rtpotatioQ, or fruth : 
there is nodunff, geatiemen, endeavoured to be 
diarged upon lum, but this particular crimen 
The genUeoien thAt proeeartehun do notofibr 
any one thing against his repntatKHi or his 
dealing ; so tbil, gentlemen, ftr aught anpean 
to you yet, before this was laid to his charge, 
he was a rary dear man. Gentlemen, he hath 
borne great oflioes in the city of London ; he 
kath liien lord mayor of London ; he is now 
inn oonsidendile place of miffistraoy; he is an 
aldenmai. We have proveu by several gen<* 
tlemen, heis a man of great value, a man of 
great riBckoning and deling, a man of truthp ' 
a man of veracity, a man, that they bcJieveV 
would not forswear himself for a worlq : gen^e- 
men, the very witnesses against us, they say it« 
Sir William Hooker tells you, bevras under that 
consternation, he was like a man three party 
dead, so that there could be nothing of malice in 
that man ; he was without sense, without pas* 
sion ; and if any thing was done, it was done at 
it were by a dead man, a man that was sense- 
less. Sir Harry Tulse believes, he would not 
wUUi^y have perjured himself ; then he ia 
not guilty of wilftii perjury, and that is the 
ouestion you are to try. Now I have said 
tnis, gentlemen, as to the condition of |he 
person. And now for the imputations that are 
hud upon him. The second observation that I 
make, is from the nature of the crime ; we are 
accused of penury, first, that we have perjured 
ourselves. That in any one casual thing done 
upon any account whatsoever, to prove the 
fiict done, that a man is perjured, it is ai) easy 
matter. Men are sntgect to mistake ; tho 
words spoken, gentlemen, were spoken in a 
very few moments. Consider what a thing 
the memory of man is, how subject men are tn 
mistake words. To say, that men shall not 
differ, that there shall be no variation between 
man and man, it is to put an end to all con- 
versation, there would oe no bringing of wit- 
nesses, if there mighrbe no variation. Nay, 
gentieroen, to just^ what I have observed to 
you, observe these two gentlemen : sir II. 
Tulse, he tells you, that the wo|ds were by 
way of question,v Is the duke •come ? That 
Pilkington should speak the words by way 
of question, Is the duke come ? Is he como 
to cut our throats ? So that he tells you, 
Pilking^n said these words by way of inter- * 
rogfation. This is the evidence of sir Harry 
Tulse; and both of them agree, gentlemen^ 
that they were spoken at one time. What 
says sir -\Villiam Hooker ? How does he ap- 
prehend tliese words ? He tells you they wer^ 
positiFc in the present tense : He is come,. he is 
come to destroy our wives and children. So 
that if these gentlemen mistake, one takes 
them by way of question ; the other says, they 
were deliverc4 positively, in the present tenseJ 
Suppose this were brou^t sgainst these per-; 
sons, no man will say this is peijury. As these 
gentlemen have misremembered, so might sir 
Patience Ward have misremembered ; and if 



mg I be tells you, he referred all the parts of it 
eimer to his memoir or his observation. He 
does not trust to a mil memory; but he tells 
you he took it in writing, and telh you tliat 
writing4s here ; he produces it here. He is a 

rntleman that nses to take writing; so that 
you give credit to this gentleman, certainly 
tie is in the right. Mr. Blataey is not alone in 
this matter; we hare calleJ'seyeral, and ihaf 
agree with Mr. Blaney. Every witness that 
f peaks justifies Mr. Blaney. 1^ that we have 
■0 many witnesses that justify every thing, or 
most of the things that we have said. Now, 
gentlemen, when I have said all this to you, 
consider ; for there are some tilings relhaarka- 
ble in all causes, and the truth is, all the wit- 
icsses give you one remarkable uistance, and 
fhat is, of sir Geo. Jefferies, that he made a 
a>mDieot upon the word memory i he ad- 



955] STATE TRIALS, 55 Charles U. t685^7Ha/ of Sir Patknet W»i. Zss6 

lie hud, it is his infimiity, ne crime: for any 
man is sabject to mistake. We are now upon 
the penury, and it is not any dung that is 
affirmative, but they are negativeo^ The first 
JDegative is this, that he should say there was 
no mention of cutting of* throats. Say P The 
question is, what was' the discourse about 
cutting of throats P Sav I there was no dis- 
course about cutting of throats ; it is natural 
to a man to say, I heard no such thing, and 
every man must speak to his hearing ; it is 
that which must pierce your ears ; thttt organ 
must be touched. There was no discourse, 1 
heard no discourse ; 1 could say no otherwise, 
nor any man that goes by conunon reason. It 
must be by hearing, it is not natural : won't 
Tou believe what they say, that sir Patience 
Ward did say, and Mr. Blaney, and other wit- 
nesses, with him, there was no such discourse P 
Is it not rational for a man to believe there was 
np such discourse ? So th^ 1 take it, was the 
nature of the thing. For the other thing, there 
is not one man that hath proved it to you, that 
he said there was no discourse of cutting of 
throats. Let them shew me that witness that 
be did positively say it, and then I will give up 
the cause, for my snare. I am sure Mr. Aston, 
a clerk in the court, he savs it was, to the best 
of hb observation. Mr. Aston is a man that 
uses to be here, and a vigilant man in the 
court ; he does not take it upon him positively. 
These worthy gentlemen, the aldermen, don't 
take upon them positively. Their witnesses 
were wary in it. Are there any two of them 
^igree how the words were spoken ? So that, 
gentlemen, there is no positive proof against 
as. Now the proof lies on our part. We 
prove very plainly by Mr. Blaney ; and can 
any man do better in this case ? The same 
evidence runs to the other two instances, as to 
this; therefore I do not love to multiply 
words. Now our evidence is to justify this. 
Here is Mr. Blaney, he sat in a most proper 
place, and the most likely to hear of any man 
m the eourt ; ne stttili the middle, between the 
court and the juiy, near the witnesses, heard 
as much as any about the court. He tells you 
«Urectly, he did refer his evidence to his hear- 



miied his invention, Imt lessened his mettMry^ 
as if the gentleman had been troubled, thai be. 
had not remembered ; for I remember it was 
a reflection upon his memoryi that his memory 
was not better.} but commended his iovcntiMi 
mightily. So that this, ^;entlemen, is a le-* 
maikaUe thing. TheV give you that instance 
to justify what was said by Mr. Blaney. Now, 
gentlemen, 1 have said aU Ai^ ^ yon, we must 
rely upon these things. They ask, whc^er- 
any thing that was said, was positive P ft wa» 
a mal larted some hours ; and I think sir Pa- 
tience Ward was an hour in examining. Did 
he say any word positively P Can any man an-^ 
swer such a question P It is an impertinent 

auestion. Gentlemen, upon those three mattov 
tiat are assigned, whereof he was accused; as' 
for those three things, they are answered paiti- 
cularly. Gentlemen, now we are in your 
hands, and the question is, what you will da 
in our case P Here i» a positive prcwf ibr us ; 
all the presumptions thi& can be for u^; here 
is the proof of our repi#tation ; here is nothing' 
against the gentleman's reputation; and a 
man of honour hiod rather be tried tor his bead, 
than for his ears. 1 knowj gentlemen, .yoa 
are men of value, men • that value your own 
reputation ; I leave it to you, whether you 
can in conscience say, upon your oaths, that 
this gentleman is guilty of wifirol peijury. 

Sir Fr, Wilmington, My lord, tnis is a cause 
of great importance, not only now, but in point 
of eacample hereafter. Mylord, the infiH-- 
mation is, that sir Patience Ward, by his con • 
sent, and out of a wicked mind, did falsely, vo- 
luntarily, and corruptly swear so and so : so 
that if so be that he hath not sworn wilfully 
and corruptly, I know your lordship and the 
court will tell the jury, he is not guilty of per- 
jury. Truly, my lorfl, in this ca^ I must ob- 
serve to 3^our lordship and the jury, that we 
are now contending what witnesses have the 
best memory ; &r the thing is not in contro- 
versy for any act done, but our defence is^ 
what sir Patience Ward did swear at the time 
when he was at the trial. I mUiBt say, there 
are no memorials in this cause gireu on the- 
other side, of any man that did undertake ta 
write down at that instant time for the kmg ;• 
but one man says, he cannot very wdl tell 
whether h^ took notes or no. So that Ido say» 
my lord, with your lordship's leave, that of all 
the witnesses they have produced, there is not 
anyone of them but does vary in words ; they 
are not consistent in expression, even to any 
particular questions that were asked ; and con. 
It be said to be ^fi4 and corrupt peijury, 
upon such an uneertain evidence P I don*t 
doubt, gentlemen, but you will take great cace. 
of it. My lotd, I will mention but two parti- 
culars toj^our lordship, that I think, go dirongb 
the case. My lor4» Mr. Blaney hath told you 
several particuhu'sthai have been remembered ; 
he writ it at that time, without any variation ; 
it hath a great advantage over the other ade, 
that have only retained it in their memories, 
and their memories might fail them, and differ 

8 



3373 



STATE TRIALS, 3{f Chaelbs If. lesi,^^ Petjurif. 



[33»- 



from the time of gpealdng ; bnt here the wri- 
tiogr mnains, that was writ at that very in- 
stant ; here it was fresh written out of his 
Dumth. The question was asked, can yoa 
swear, Mr. Blabey, you writ every word, or 
■0 ? It was askoi the • witnesses, can vou 
siretr, thai he sware nothing positif ely r I 
Bmstconiess, my lord, it is a question that is 
sinnge for a man to answer. Any thing po- 
ciCiTe I Does he know what a man means r He 
nosf redace it to particulars. But, my lord, 
I have asked Mr. Blaney, did you take it as it 
cune from his month ? He swears these words 
he spake, and there is no Tanation, but written 
iostantljr at that Fery time. My lord, I do 
diinkthis is athin^ goes a ercatway. My 
lord, there is one thing more tBat I think goes 
through the cause, and that is Mr. Crisp ; for 
Crisp acquaints j^oor lordship, that when there 
was some Tariation between the assertion of sir 
iHarry Tulse and sir Patience Ward, niy kvrd 
cbief justice ^ve an admonition to sir Pa- 
tience Ward, Sir P^tienc^ Sir PaUence, recol- 
lect yourself. My lord, saith he, what I de-. 
lirer, I do accordmgto the best of my remem- 
brance ; and then this afterwards (for this, was 
at the end of bis .eyidence) is a qualification 
tpiite through the cause. This beinsf to weigh 
it arith the other side. But 1 would say one 
tbbg more ; to what end should this be ? Is 
any man danmified by this oath ? Is there any 
man can say this oath hath prejudioed any 
man in his reputation or estate ? It was very 
itrange, that a man that hath brought so many 
witnesses, and those very worthy persons, that 
say they believe he would not forswear bim- 
s^, should do this for nothing, tliat a man 
sfaouUL be the wickedest man in the world at 
one jnmp, that yon can hear nothing of any 
act of iaifiity of him before. Now when there 
are snch plain evidences, undubitable evi- 
dmces, it is a thing of great consequence. 
And colonel Birch says, generally, as he does 
remember and believe, he did cautious!^ speak. 
'And sir William Hooker says, he was under 
consternation at this time. So that it ap- 
pears he had much caution ; and if so, it is of 
nighty consequence, and concerns any wit- 
nesses to come. Here is a man perjured, and 
a creai many witnesses may. You are not to 
■uod what is said by the counsel of both sides, 
knC what is said in point of proof It will make 
all 'men cantious, because ihey may infer 
danger by a positive assertion. My lord, this 
is a ease of perjury, in which I, and every 
honest man, toat vahaes his reputation, should 
be tender, if this man be guilty, it is a great 
crime ; I most leave it to your consciences. 

Mr. p0lierfen. The nature of the case I do 
koBlUy pray -your lordship to take into con- 
sideiatMo, ana the jury. It must be wiKul 
md corrupt ; for so are the words in this infer- 
nation, and in all indictments; it must be wil- 
M and oorropt peijnry. My lord, if so be that 
several witnesses interfering one with another, 
Me lememberiog one pared of words that were 
^oksB at the same imie, any man shotdd be 

VOL. tx. 



perjured in this case, by remembering, and not 
remembering, no roan almost durst be a wit- 
ness. What discourse bath passed, let us but 
observe in this matter. Here were three aWer-^ 
men^ present ; one of them sivears thei« was 
no discourse of cutting of throats ; it is a ne- 
gative, not an affirmation ; and no man that 
bears him, but must say of it, no discourse that 
he beard. When I say there was no discourse 
of such a thing, any man will understand, no' 
such discourse came to my observation or hear- 
ing. For the others that say there was such- 
discourse, they vary themselves ; one says if 
was cutting our throats ; t'other, cutting the 
throats of our wives and children. I only say 
this to shew tbe weakness and tallibtlity of 
men's memories, that carry things so in an 
uncertainty. Two or three men swear's man 
said so, toother says he did not ; no man can 
understand it in any other sense, but he did not 
hear him say so : For a man can say no more 
of what another says, than what he heard. 
So, my lord, considering the circumstances of 
the case, it is so that men may perjure one 
another upon omissions. One man may bring 
one little part of a disoour^ie, and another ano- 
ther ; it will be a very unsafe thing for a man to 
be a witness so. But my lord, the neztHlnng 
is this of positive evidence, and upon reroem'- 
brance. My lord, if so be there must be posi- 
tive evidence to convict a man of peijury, I 
would leave it to your lordship in the cause, whe- 
ther there be any among all their witnesses, 
have proved it positively? Next, my lord, if 
so be that wci must have of t'other side positiva 
evidence, we have more positive evidence 
than they, under favour, considering that 
Mr. Blaney hath his notes. This I answer' 
to that objection of theirs, Did he say any 
thing positive ? Did you write down this or 
thatP That is not the matter; there is no 
man that writes all: But the question is of 
that be did write, Whetlier that be true? If that 
that be true, it is more certain, being written at ' 
that time, being* writ^n hero in court, when there 
was no thought of being made use of .as an 
evidence, is stronger than many men's slippery 
memories. But he in this is backed with a 
great many other witnesses that do speak it, 
though not so positively as he does, because he 
hath Itis notes to help him ; and he says parti- 
cularly to one thing, that he does particu- 
larly remember it And, so, being they were 
written at that time, that is, under nivour, 
a better evidence than twenty slippery men's 
evidence can be. So that taking all this to- 
gether, considering tbe person accused, and the 
great offices he hath borne, considering the 
great shame and scandal of the crime, aH caen 
that have known liim for 20 years together, 
saying he was not any folse man ; better a 
man had taken his head from him, than taken ' 
away his reputation. Unless, my lord, there 
be plain and full evidence, I hofieitwill not 
afiect us, nor witnesses that shall come ai\er- 
wards. 
Attonuy General, Tbe matter, gentla»«D« 
Z 



339] STATE TRIALS, 35 CEAftLsa K« l£$3*--2V&rf ef Bbr P^Hmcc Ward, [349 



befere yoo, is. Whether or no tir FktieDO& 
Ward, tor swearing these words, be guilty of 
If iltul or corrupt perjury ? I shall admit that ; 
hut it is the first tim^ 1 eirer heard of, that we 
muit go to proTe the intentions of this genile- 
mau, that if he' did not intend to swear wil- 
fully, or Toluntarily false, that it will not be a 
oorrupt or wilful peijurv. My lord, therefore 
1 must observe this to the jury ; if the matter 
that he swears be false, the law construes it to 
be corrupt and wilful : If the matter, I say, 
does directly come in issue, and be in that issue 
. swears that which is false, so that it hath an 
influence upon that issue, the law construes it 
oorrupt and wilful : For that is the reason, my 
lord, why that regard is given to all oaths in 
oanses, tnat they may be plain and direct ; and 
a great punishment is upon them, if they are 

. not true ; that is the only reason for it, and 
^o other. For without doubt, we have nothing 
to prove the case, bift these two things ; for we 
cannot search into a man's intentioni. that 
when be speaks of the duke of York, he in- 
tends Hubert ; but we most take things as they 
are, whatever a man intends. Bo the jury' are 
to inquii'e but of two things ; Whether or no 
these words were, spoken by him, as they are 
kid? The next ia, Whether they are nilse? 
We have nothing more to do : But if we prove 
these two things, tliat the words that were 
tpeken, were spoken by him as they are laid, 
in that manner, not as these other witnesses 

' would have, with the words, *■ I believe,' and, < aa 
^ 1 remember,* but that they were plainly and 

/positively spoken, my lora, that we are to 
prove, and we have i^oved it. The next thing 
we are to prove, is, that the words are false ; 
that they are ftalse, they do .admit by all the 
witnesses; they don't go about to encounter 
that proof at aU; they have not at all endea- 
voured it, but that these words, as tl|ey are laid« 
are absolutely false ; and they were contrary 
|o the matter that was in issue in that case. 
That thia gentleman spake them, my lord, the 
f ery thing speaks ; for he was heard by the 
iwuit.as a witness, and as their evidence m the 
whole cause { and the court, after he was 
examined, put it upon this gentieman. What do 
jronswear? If it had been all, as « I remember,' 
and, < as I believe,' the court would have lie- 
cfaured it was no evidence. My lord, if a mat- 
ter be in tssne, and a man comes and says, < as I 
* remember, and believe,' this doth not encounter 
ftM iasoe, nor the proof that is for that isaae, 
^fdhm there were two positive witnesses^ that 
poaitivelT swore Uie words, that the court 
fhonU then reter it upon the testimony of sir 
•lyieDce Ward to the jury, the ennrt would 

E've JQ^gmeat he was no evidence ; it is plain 
»wasnoevidence, if he swore to his memory 
waA belief. That that is no evidence, the lea^ 
mm is plain; fbr there would be an end of aU 
trials, if ever that sort of doctrine be admitted : 
No man can be perjured upon his r^mca- 
hrenee^ nor vpoB his belief ; who ean teli he he* 
lievescontrarytowhathesaya? Sothatthereis 
w end afilMit vlnch ovghtli ha th« ome if . aU 



the fidaa witnessea in England ; for I take it in 
point of law, ' the best ofremembrance' in this 
nature, or * as 1 believe,' is no evidence at all $ 
and therefore the insisting much upon that, is 
to charge the court with injustice to put that 
upon the jury, and the jury need not have 

given any reason why they would- not believe 
im ; for there had been an end, if he had saidi^ 

* as I remember ^' the jury might have said 
picsentiy, there are two positive witnenem 
against him. Tlie two nrkt witnesses w^ 
have called, Hatch and Wood; they dp 
swear as to those worda of catting of throats i 
they bwear it positively, both of them. Whe- 
ther he Uho the word *■ positively,' or wh^er it 
was * upon his oath,' that, indeed, they could not 
speak to, but they were positive, without any 
reference tp his belief or his memory. To Umi 
other point of the duke of York and Pilking-v 
ton being there, that ttiey speak positively to, 
and I mink sir James Smith doth apeik ac. 
positively that he was sure his words were* 
eitba: ' I do positively say,' or * upon my oatb, 
one of them ; but without any worda of re- 
Terence. Mr. Aston, who is a clerk of ihta 
court, and sat there in this place, he apeaka to 
that Dositivelv 

Sirf. Wiwiingtm. * I think' lam 'prettf 
*• sure' * I think,' these are the words. 

Att. Gen, The Foreman of the jury he ra-» 
peats the same positively, and ^ves a plaia 
reason ; if it were not positive, it were an idlo 
thinff. 

Mr/ WilUams. Will you do ns injury in the 
cause f 

Mr, Aston, If he spake any words of mitiga^^ 
tion,they were so low, I could not hear ; and I 
think I could hear them all. 

Just waking. Pray goon, 

Att. Gen. I say, my lord, aeveral witnasef 
we produced, and sir William Hooker particu* 
larly : lor we had never made ope of hioi, if 
there had been only so idle an evidence, lor we 
did not call sii Wuliam Hooker till after kia 
evidence was given, to encounter this poabive 
evidence. \V9 then produced sir WiUiaoi 
Hooker, after he had given positive evideooQ, 
and sir William Hooker did stvearjt pofitivaijr 
upon him again ; then the court anod biait 
what do you swear ? My lord, aiWr. this, be 
might be shy in bis evi^nce, ancLsay^ * I re« 

* member, and I believe.' Alter tSl, we pui it 
upon him ag;ain, and then we aay the words w^re 
awomjpo3itively ; fbr by way of hear-say aed 
belief IS no evidenoe. Mow Mr. Qlaney b aB 
in all, and 1 think now Mr. Biaoey will mgufy 



nothing. I eay,my lord, Mr. ttaney, whet 
is his evidenkoer He pulls out his netas, ae4 
there he talli yon, to such a quMtioe diere was 
suoh aa anawer, and there indeed it k ' to the 
< beet'Of hie ranembraace.' But what does M^. 
Blaoey tell you ? Mr. Blaoey positively tsUs 
y<iQ,'teat thm arebutaboitnetea, many thiofli , 
omitted, and I perceive whole aenteeoesoeiittadt 
ft great deal of disoourie omitted ; andtbakap* 
peaieby that psisafaef sir Cn e i f n Jeffieriaa'a 
MteRsyHtvk Thn»«arb««i» itfiufplftoete 



341] 



VTATfi TRIALS, i5 CtatkntU 11. i6S5>-/m' Pef^ty, 



194^ 



ftAermdi be w pr c wo d ; Ibr rare! v it wts to 
mo purpoie we woald l«t so^aa eviibttce pan, 
JWit wbes lie iaprMtd ; Mr. AUcrBian, is it so 
9rno? ForMiefisno criileiioe. There, ny 
brd, he cnswempoMtively, and tbat it omitted 
4XitofHi;.KiaeT^beok! This was neoeseery, 
uy lord^ wc shoiud do, and not let such a thing 



MB, as that < Id the hesTof my rememhraiioe.' 
My losd, dieato see what Vh, Dlaney himself 
asys, betook notes, he did notanswer odle thing 
pesitiTely thnMwiioiit the whole ; f«ir which m 
lila be rejected, I tinnk, as no witness in the 
case, as a person that eoBMS tad swears by heer- 
aiy ; and it was so remarkable a thing, ny lord, 
that we who are of the king's coumoI, should 
trite m»liee of it to the eoart. He is no witness, 
be swears nodiing positively : It is an art, my 
lard, was never invented till of late, and if it be ' 
attswed. It will make an end of all triale. ; ftr 
yon will havens much forswearing, as vou have 
tying. Here is one gives evidence ne never 
taUa lie in ins life, ana I care not whether the 
jniy brieve that or no. Sm^y my lord, we 
should not let a man go tfway with snda an answer 
as tbb,^* to his remembrance.' Iftbeytakeapon 
Ibem ifes way of swearing, I tell you ^ainly 
they are no witnesses at ul. My lord, I must 
appeal to the court, if such a tHingbe allowed, 
what will become of an trials P The punish- 
ment of pajuries does make men cautious in 
awearing ; and so it was irom the beginning, 
ever since swearing was allowed to decide 
canaes, penuiy was to be punished. By the 
law of God it was severely punished. If there 
be a new way introduced ofgiving evidence, * to 
* tibe best mmj remembrance,' you have shut 
aottbe poBMiiment Can you convict any man 
sf all their witnesses, wfaennone of them swear. 
C<^onel Birch and odiers, they come and say to 
some things, there wcrethesequahfyingwords ; 
tf it had been to material things, my km), were 
we so senseless, or the court so senseless, to let 
** die best of my reme m bra n ce^ pass for evidence. 
6o that, ny lord, they do not tell you plainly, 
they speak nothing at all express. When they 
are asked, can yon swear that he added these 
words, ' to the nest of my remembrance ?' they 
my he did to some dungs, but are not positive 
t»wfaat SothatTOi^ lordship sees we have 
^sin te8timony,.tbej^ have no j^roof. So yon 
SR what sort of evidence this is. Now, ray 
loid, for his crime. He hath been a fidr dealer, 
wrely in the world, or dse he could never have 
gimed such an estate ; butwhen men are en- 
gaged in parties, we see what a man wiM do for 
asarty, and to help a sickly brother, that was 
Ming into the pit, over thehedge. But Isay, 
ny lord, it is impossible, that their evidence 
dMuhl encounter ours. And. indeed, if we 
had had notice, that this vrould nave been given 
ai material evidence, truly vre could have given 
agreat deal to shew the many Mots in this gen- 
flnaan ; but, nay lord, I say this is not material 
afwbatreputationa-man nath been, but whe- 
dier or no nfe spake these words in this manner ; 
«&dwfaedKrtfe^erefid9e; diatdicyare ' 



isgrinted,an4 
bml, that we 1 



Solicitor General, The questions that we 
were to prove were, whether sir Patience Ward 
did give Us evidence at the trial between the 
duke of York and PUkington P WheUier or no 
he did swear positively, Utat Pilkington did not 
come in tiU the discourse ooncemiog the duke 
oi* Yo rk was over f Whether lA did swear po- 
sitivel^, that there was no mention made of cut- 
ting of throats .' Sir Patience WaH, wesay, 
did take upon him toswearthis before posi'- 
tivelv, and not with that restriction that diey 
would have passed upon tliem. We called two 
witnesses, and they are both very positive in 
it; for they swear, that sir Patience Ward did 
swear. That all the discourw concerning the 
duke of York was over before Mr. Pilkington 
came in ; that they swear positively, that he 
did it positively ; both of them do swear, that 
sir Pbtienee. Ward did take it upon his oath, 
and to the manner of it, positively ; though be 
did not use the word positively, yet they swear 
them without may such restriction, lliese era 
die two witnesses. Hatch and Wood. ' Then 
there is sir Pra. Butler hath given yoti an 
aooeont of his evidence, and they did debate it 
among themselves, and give you the reason 
why they did not believe sir Patienoe Ward, 
Now, first, they encounter us with the evidence 
of Mr. Blaney, and his notes must be the mea- 
sure of the truth of bb case, and nothinrmoat 
be taken fbr true but what he hofh wnt ; he 
telb you at the same time he had not writ all. 
Mr, Attorney made a full observation upon 
that : supeose hi; did say he did not hear any 
mendon of cutting of throats, or did say < to the 
* beat of his remembrance,' yet surely that dodk 
not contradict our witnesses, that take upon 
them to swear positively, that he swore it vmh>- 
out any such restriction ; and it is reasonable to 
bdieve he migfatbe pressed to say something to 
the questions that were asked, for if be said he 
did hear it, it bad been an immaterial evidence. 
I$r Fra. Butier doth take u^ him tossy, that 
he did say it without restriction ; and then* con- 
sidertng the weight of it to r^ect it as untrue, 
doth make good what our witnesses have said 
that he did swear it without any restriction. 
But after all this, they say he cannot befoudd 
gnihy, for this might not be wilful and corrupt 
perjury ; - nay, they go so fiir, that they are 
setting up a doctrine, that I dare say no man 
shaH be guilty of perjury for any words he 
shaH swear wilfully and corrupdy. If a maii 
is cottsdotts to himself, that the truth is other- 
wise, or if he be uncertain whether it be so or 
no,yet if hetakeupon him to swear it, that 
is wilful perjury in him, fbr he did not know it 
to be as hejlid alBrm.' Now, my lord, I shaB 
offer but one circumstance more : consider how 
diia discourse did rise; it was upon a debate 
concerning waiting upon bis royal bighnesb 
uponiiis return, they were all present id the 
gallery at GuOdball ; and it is reasonable to be 
'-resumed, that every one must hear the whole 
' And sirFMieDce Ward, l^tht 




'54i>] STATE TRIALS, 35 ChAbiks II. i683.— Tr«/ of Sar Patienee Wari, £544 



•action he did. m tiiis case, must be presumed to 
hear every particular of it. When Mr. Pil- 
kington came to these words, He bath burnt 
the city, and is come to cut our throats, sir 
Patieoce Ward catches him, and stops him im- 
mediately upon bis sayiog this, ^}ow he that 
^was so near him as to lay hamls upon him, 
surely it cannot be presumed but be must hear 
what be said, and be checked him for what he 
.said, and would fain have fetched him off by an 
mveationtbat serves to little purpose ; but did 
Verify this, that he had spoken words of the duke 
of Yprk, and therefore did administer an excuse 
,io bim ; therefore i say it cannot be presumed 
but tha^ he must hear it. But however, if be 
took upon him to swear a thing positively, that 
he w^s not certain of, it will be wilful and cor- 
jrupt perjqry in him. But, they say, though 
.he should say it positively, it must oe under- 
. stood , he did not bear it ; that he ffivears there 
was no such discourse as he did hear. At this 
rate, my lord, no man will be found ^ihy of 
perjury, but there will be all the mischief in the 
world introduced ; for a man that swears to 
the best of his remembrance, there will be no 
danger of that nian*s being indicted of perjurv, 
that is Uo evidence. But a man that will tike 
.upon hiiiK to swear positively there was no such 
discourse, he is an evidence, and a material 
etidencp in the case. Suppose, my lord, there 
were witnesses concerning the publication of a 
man's last will, that there were two witnesses 
did sit upon the sick man's bed, one swears he 
did hear bim publish it in that form, and that 
this was bis last will and testament ; the other 
comes and says positively, be said iw.sucb 
words ; certainly this is « very material evi- 
dence. Shall that man come olf from a con^ 
viction of perjury in this case, by saying be did 
not bear.^ What a dangerous case areafi men's 
.inheritances in at that rate ? My lord, I will 
not trouble your lordship, only there is one ob- 
servation they have made, which 1 cannot let 
jpass, that there is no damage in the case. If a 
^ man should forge a deed, and the jury detect 
this forgery, there is no great damage, shall tbe 
man be accused, because he is discovered ? 
Shall no perjury be punisb(}dy but what is suc- 
cess! ul ? 

Sir Geo. Jefferie^. I should not have trou- 
bled you in this cause, but that Mr. Solicitor 
was called into auotlier court. My lord, I shall 
*not offer any thing in this cause, nor repeat any 
tbin^r that hath been said. My lord, I shall say 
of this cause, what the gentlemen of tbe other 
)ude said ; it is a cause of very great conse- 

auence, and it is a cause of that consequence, 
liat I know it hath a very great impressiim 
upon your lordship, and likewise upon thejury ; 
and they are not now come to try whether 
or no sir Patience Ward did deal very fairly 
.betwen man and man in a matter of money, 
but whether or no sir Patience Ward did swear 
what we have alledged in the* information he 
did swear, and what be did swear was true : 
and for that matter, my lord, I must needs 
agrae with them i nay, I caanol b^Ueratbe 



gentlemen of the jury will takeany thing to 
e evidence that is said by us that are oounsal 
at the bar, but only so tar forth as tliey hav« 
evidence proved to them in court > for m caa^ 
we were to guide juries, I confess Mr. PoUeic* 
ieu bath di^termined it, by saying tbe jury'* 
verdict must be false, iftheyhnd against sir. 
Patience Ward ; which 1 think is a prdttjr 
strange inference, and one of the sharpest in* 
ferences for such a way of reasoning, that I 
confess my poor sense won't veach tL In the 
next place, i say, the gentlemen of the jury 
ought not to take any consideration in this oi 
hjs reputation, notwitdstandinff all his dealinga 
before this cause ( for certain^ till such time 
as sir Patience Ward came to be called upon 
his oath, any man of conscience and justice, 
and common charity, bad he been asked the 
question, he must have said he did not bielieve^ 
that sir Patience Ward would wilfully forswear 
himself. God foi-bid any man sliould have 
such a thought of him, if he were a man of 
less qiudity than sir Patience Ward ! But I 
must conclude, that afler sir Harry Tulse was 
of that opinion, so I must conclude with sir 
Harry Tulse, if in our case he J)e to be believed, 
at that time he did believe he did forswear him« 

self. Pray, good Sir, give me leave, t 

wiU not, to the*^ b^ of my remembrance, do 
you any thing of injustice. My lord, I do say^ 
m this case, that though he hath been lordf 
mayor of .liOndon, and home tbe office of 
sheriff, and though he is now ai alderman, 
yet, I do say, persons that have borne tbe:^ 
great offices, have been guilty of greater crimen^ 
that is, crimes tliat ha>-e greater punishments, 
than this gentleman is now accuseid of; I 
mean that of rebellion, and all that maakin4 
can be capable of : so that it is not the dignity 
of place excuses men from offsnoe. But cer« 
tainly upon his evidence, we Patience W^ard 
ought to be believed by the jury guilty , of 
wilful perjury, rather than three or four alder- 
men that swore against him. Gentlemen, the 
next thin^ is, the observation of Mr. Williams* 
of tbe variance and difference of expression be- 
tween these two worthy aldermen, sir Harry 
Tulse, and sir William Hooker ; one cornea 
and says as though it were positive, tbe other 
as though it were a question. If it can be ez«- 
pressed, my bird, either one way or the other* 
or both, he would be guilty of perjury ; for 
your lordship remembenthe reeoni mentioDed 
la this record, and all the words that wers 
swore by sir Harry Tulse, were part of the ac- 
tion that Pilkington was charged with ; all the 
words sir William Hooker swore, were likewise 
words put in the record ; so that both of them 
were material to the issue. Now what oomee 
sir Patience Ward to do ? Does sir Patience 
Ward come and testify it to nudce a diflefenoe 
between these two gentlemen ? You see both 
of them sfinree there was a talk of catting cC 
throats. ,Says sir Harry Tulse, Is he mm 
come to cut our throats ? Says sir Willlun 
Hooker, Is he now come to cut the throats of 
ournriyes aad dukljreiiF What saya sic Fli^ 



Sft5] 



STATE TRIALS, 3S Charles II. l€8S.— /or Perfurg. 



[ja 



lieooe Ward as a third raan ? He sa^s there 
was iM> such discourse of catting ot throats, 
that IB the thing these gentleineD hare a romd 
In forget ; one says he is come to bdm the city. 
Ig he come to ^ hum the city, savs the other ? 
That is not the main question ; these are little 
minute differences. It is the prudence of man- 
kind to taJie all words in their affirmations, 
ntlser than to make contradictions between 
them. In this case he finds there wa.^ a ne- 
cessity to serve a turb, and he cOmes positively, 
and says, all the discourse about the duke of 
York was ended before such time as Pilkington 
came in ; and there is an end of all, in case he 
swears true ; for in this oath he absolutely 
contradicts what both these gentlemen swore ; 
for this is not such a little^ variance as these 
gentlemen would hare yon to beliere. But, 
gentlemen, I shall apply myself to the evi- 
dence they have offered, which is designed to 
overthrow ours. The first is, Mr. Blanay, and 
these is a great value put u(>on Mr. Bbuey ; 
be sat in a convenient place, just in the middle, 
and there he took notes, and believes he did not 
titer them. Now I appeal to your lordship, 
and the court, I appeal JU> the jurv, whetlier or 
Ao their own witnesses did not hear sir Pa- 
tienoe Ward say, he had never been in a trial ; 
be never took notice of a word of that. And 
mother man (Mr. Baker) says, that my lord 
chief justice said,*" sir Patience, sir Patience, 
bare a care ; you speak according to the best 
of your remerribranc^.. Now, ray lord, Mr. 
BJasey takes not the least notice of that in his 
ffaort notes. The question was asked Mr. 
Blaoej, can you tal^, upon your oath, that he 
awore aiiy thing posnively, or that be did not ? 
Truly, 1 can't tell ; not in my hearing, are his 
trotiB. Next comes Beaver ; his wonl was. 
Id my hearing. It was Mr. Blaney's short- 
hand remarks that Mr. Beaver prefaces all his 
^scourse with, to the best of my remembrance. 
They have called witnesses that coold not be 
positive. I appeal to your lordship, and the 
memory of the jury, whether ever any one of 
them was able to say, that the words, ' to the 
* be^ of my remembrance,' were annexed to 
this, or that, or the other sentence. But, my 
lord, on the other side, I must say, that there are 
here aldermen that have sat upon the bench, 
«Dd have bdiaved themselves with loyalty arid 
integrity to the kini^ and government ; these 
yery aldermen here do positively say, sir James 
Smith, air John Peake, sir William Kawsterne ; 
it is true he cannot be positive as to the biisi- 
iiesB coD€emiDg cutting of throats ; but as to 
the first, does not sir James Smith particularly 
cay ,'I cannot say whether he did say positively 
or whether he did say, upon my oath *, but he 
fhd undertake to say^, that either the one or the 
olher he was positive in, that he was very ex- 
ffeaitbat the duke of York was not named 
after Pffldngton came in. And for the saying, 
that Blaney took notes at that very time, 
therefore Mr. Blaney must be a man of ten 
tboanod, aa they call him ; he is wortli ten 
liiOiiMHid witDeneBf because h« took short- 



hand notes : I would haye you consider what 
sir Francis Butler says, that was foreman of 
the jury at that time, tliat bid sir Francis Lea 
take notice of it at that time ; he did it post** 
tively : he says, sir Francis took notice of that* 
and says he, we debated it immediately amon^ 
cursives. And I remember, particwarly, sir 
Francis Lee, sir Francis Butler, and ,su: Tho« 
mas Field, all three do agree together; this 
positive oath tbey swear sir Patience Ward dicl 
make. They cUd debate immediately aiier, 
among themselves, two witnesses swearing 
against hire was the occasion of the debate. 
But, my lord, I must come to another thing s 
Mr. Aston, a clerk in the court, a man very 
well used both to writing and hearing ; Mr. 
Aston, as well placed as Mr. Blaney, he givei 
this account : I do posititely say. That tlia 
duke was not named afler such time as Pil- 
kington came there. But his being a frail me- 
mory, as they would have it, and no notes t9 
refresh him, they put no great value upon it : 
But I remember whs^ Mr. Aston said; I have 
several times asked the question, and that 
makes me contain this thing in my memory. 
This does Mr. Aston nositively speak to. So 
there, Gentlemen, all these five or six seyersi 
witnesses do positively swear to it : the two 
first witnesses they are positive. Hatch aad 
Wood ; tbey do directly swear to every parti- 
cular. Gentlemen, you are not to mind the 
flourishes that are- made by the gentlemen at 
the bar ; here is a lord mayor of London, hera 
is an alderman, can you Celieva him guflty f . 
But do you think that these gentlemen of 
quality, that have acquitted themsielves soduti* 
fully, and so loyally, as they have done, and 
so faithfully, that no man can lay a blemish 
upon them, will you take it upon your oaths, 
that these gentlemen are forsworn r Will yon 
take it upon your oaths? That will be a 
strange thing ! The laws and ^e exercise of 
justice are concerned, and are^o he maintained. 
I beg your lordship's pardon, that I have taken 
up so much time. My lord, I say, justice is 
to be done ; there is no man so big as to be ex-, 
empted from punishment : the greater the; 
person is, the greater is his crime. One that 
will come and tell an untruth in a court of jus^ 
tice, the greater the person, the more is .the 
crime. We have given your lordship, and 
the gentlemen of thejmy, an account of the 
matter before you, and we shall leave it to you. 
L. C. J. Gentlemen of the jury, this ia an 
information against sir Patience Ward for per- 
jury; and tne information doth set forth, 
that there was an action that was brought by 
his royal highness ag«iinst Thomas Pilkingtoit^ 
and it was. for speaking scandalous wor£, of 
his highness; saying, he burnt thecity,abd 
that he was come to cut their throats, and cut 
their wives and chi)dreas throats. These were 
the words that were laid in that action. That 
action was in this court in Michaelosas term 
last. The information that now i$» before you^ 
isthi$ : sir Ps^ience Ward, he was sworn W 
giy« mdence, and that he i|i his evidence, upon 



Sir] 9rAt% TRIALS, 55 CltAELttn.l6M.*-Trt«f^5&Pfl^toi«eirarif, [Sid 

liisoatb, did poativcif swmt^ upmi mcntimiW 
thedifoovne eott«eniiiig hif royal hi^ness, 
bj Pilkiogton, and concerning hja bamuig; the 
caty, and euttbg of throats, sir Patience did 
ny, that there waa not any mention of cuttings 
^throats at all, and that before Mr. PiUdng- 
ton eame in the discourse of the duke of York 
was over. And upon this Mr. Attorney Ge- 



tmul bath hssigned a penurr, that this was 
iaise ; wlicrenpon the derendant hath pleaded 
Not guilty. Tne question is, whether sir Fa* 
tienee Ward is spttiity of this perjury or no. In 
die first place, I must aver to yon, that if so 
be this was false, then this must he what the 
law calls a wilful and malieiou^ pegury. For 
it was the very point in question then, it was 
«B a/(;tion brought against Pilkington ; the 
question, whether he said these words or not ? 
And sir Patience Ward he did oome, and did 
swear, that there was no such thing. Plainly, 
that was to acquit the defendant. So that it 
was the nriacipal matter that was to he consi- 
deffd. Now for aught I do percdve plainly 
•— — Pm Y do net go with any mistake, for I 
would be loth to do wrong in this ; but as fw 
as I do perceive, one side and the other upon 
the mattBr do agree^ that if sir Patience Ward 
did swear it positively, it is agreed on both 
sides that it was foist ; it is agreed ; for aught 
I see, there is nothing at all said to the con- 
trary. Here pre three substantial men, men of 
▼ery good quality, thitt do all say there was a 
discourse of his royal highness in Pilkington's 
presence, and in the presence of sir Patience 
Ward ; they do likewise all of them swear, 
that there were sdch words. So that 1 say it 
is agreed, for aught that I see, that it is plain, 
that it was so in fact, that there was a dis- 
course of the duke, and that it was in Pilk- 
ington's presence, and that there was likewise 
mention Of cutting of throats. Now the matter 
that you are to consider ; 1 will teH you, you 
are to consider, whethsor or no llus was spoken 
by sir Patience Ward positively, or as the 
defendants would have it that it was not 
spoke in his hearing or as he re m em b ere d ; 
for they would quahfy it, and say that the 
defendant did not say it positivriy but with 
those qoaliflGations ; and if with those quali- 
fications, then it is phun he cannot be con- 
victed of peijury ; because no nan can be 
convicted for saying he did not remember. 
Tins I must observe to yon, though, by the 
way, suppoae now ^ait sir Patience Ward 
eomes here, and says that it was not spoken 
in his bearing, or in his remembrance, take it 
that way, there is this considerable, why sir 
Ptttinice Ward did hear it spoken, and so for 
iMurd it, that b^ took notice of it, and would 
restrain it, and pot an interpretation upon it ? 
Would aav man, that had minded his oath, 
woidd he nave said, that nothing was said in 
bis hearing, when ei^eo he himself was pre- 
sent ; nay, and so take away the exoUse of his 
net Jiearug, though he were by P He him- 
■sif takns notice (^ it, and if I take it right. 



talked of burning tbe city ; oh, it is Hubert. 
It is ver^ hard mr a man to swear it was not in 
his hearing. ■ ^ Pray set me right, if I 
mistake. 

Mr. Poliesfen, No man denies but theee 
words were spoken ; but the going to St. 
Jameses, and the duke of York, whether that 
were not before he came in f 

Sir Geo, Jifferiei, It was one entire sentence, 
my lord. 

£. C. J. \. do take it. the evidence was, that 
Pilkington did say, he had burnt tbe city, knd 
he was, or would, come to cut their childrens 
throats ; that was in one sentence : For the 
burning of the city, sir Patience Ward being 
there at that time when Pilkington said the 
words. Oh, says he, you mean Hubert; ashed 
^e question, Who he meant by it ? he meant 
HubWt. ^ 

Mr. Williatru. He did not hear t'other part. 

L.C.J. That I will leave to the jury ; that 
is to say, tber^ were upon the matter but two 
cUuaes, burning the city, and coming to cut 
our thnuits. And now it is, for aught. I per- 
ceive, agreed, that sir Patience did hear cme 
part of tbe sentence, and did not hear t'other, 
but this I will make an observation on by-and- 
by . But surely he did not so well, if it were no 
more than that for a man to say he did not hear 
any ^ch thing, when it isplam he took notice 
of it at the same time. For that, gentlemen, 
that they say here is no man that hath any 
harm ; if a man does commit vrilftd perpnv, 
though no man is injured by it, hath not ne 
committed a crime ? And though he had not 

S'ured any man by lus perjury, it might have 
len out, that he might have done it; and if 
m be it hath not success, it is tbe same crime : 
For it is very plain, if so be the jury had given 
a greater credit to sir Ptttience Ward , than they 
<Hd to the other two gentlemen, then it is very 
^am it bad gone anotiker way, and that bad 
been an injufy. And therefore, gentlemen, 
that is nothing at ell. But thiit you must lay 
aside, aod you must ceine to this matter, that 
is the prinapal point. The question is, Whe- 
ther or no sir Patience Ward did cnve bis en- 
dence with qualification, as he did believe, or 
as he had heard, or beKeved, or whatso^er it 
wi^, or whether he did give the evidence posi- 
tively. At the trial there was two, 1 tbmk 
three, but two that were at first examined, that 
did prove the words spoken by him against the 
duke of York, and sttoto they did reprove him 
for it. Sir Patience Ward was produced by 
the defendant, for to defend the issue on h^ 
side, and to prove him to be net guilty in that 
action, that he had not said the words. E^ow it 
is plain, if so be sir Patience Ward siud only, I 
don't believe such a thing, I don^t remember it, 
or an;^ such thing, that certainly bad not been 
an evidence that had been worth the considera- 
tion of the jury ; for that was no more evidence 
than any man that tiiey might take up ; the 
next man in the court nnght have said, be dkl 
not belief it, or the like. Now for the kingv 
iathiseMe^thereareseferadilttank Aeie nrt 



3493 



STATO TRIALS, 85 Charus II. l6SS.^ar P^qmry. 



[354 



iifbt or lUBC ; and they all of them do ny^ 
tott tbey Temember it very well; nay, and 
tone of the witnesues do say, tbey took special 
Botice of it then, fof they were 6om^in|^ 
aUoDKhed to hear aaoh evidence. It is true, 
all of them don't come to hoth parts, but either 
to one poit, or to both ; tbey all a^^ree in this, 
thit it was positive endence, and not as he 
believed, or heard. There was a question 
aboqlMr. Asftes, and hewasadLod himself; 
he says it was positive ; if ho did qiialifv it, it 
was so low, he could not bear it ; and tnat he 
■iffht do as he pleased. I think there is none 
of uiese gentiemen, that any thuig at all is la 
be alledg^ against. That eight or nine gen- 
tleoieo, and some of them of very good quidity, 
and all of them of Tiry good credit, that they 
dioukl join together to pc^ure themselves, for 
a FSfreage upon jiir Patience Ward, is strange. 
Far aught appeals, there is «ot any man ap- 
■aws, bat is aorry for him, and aome of thenn 
Wa a kiodneas and respect for him. That is 
the erideoce the former give ; I isan't go to 
every one of the evidences, to open what they 
say ; that will make it very long ; and I think 
there is no occasion for it. You have heard it 
well, and 1 believe remember it better poa- 
fiibly, than I do. On the other side, for the 
dsfeadanta : They do t)rhig you, in the first 
nboe, Mr. Blaney ; and he doea aay, Tliat he 
bath taken notes, and in his notes it was by 
aoalificationa that sir Patienoe Ward did apeak, 
mat it was acoocdiag to the |iest of his Imow- 
ledga, and that he was here, and aat here in a 
place where bo coald ver^r well hear all that 
waa aaid, and that he took it from air Patienoa 
Ward's mouth. This is soid against him, that 
it ia plain be did not take every thing ; and 
whether or no this waa taken truly, or not, is 
still a question for you to consider on- They^ 
when they did call him, did aay he waa as 
good aa ten thouaand. They woald have this 



If r. WiUiam$, Th^ were vpon their ne- 
mories stiU. 

Just. Withim. Sir Francis Butler, sir HeuT 
Lee, was not, nor sir Thomas Field; an) 
Hatch and Wood was not. 

L. C. J. But did take it v^Kn them poai- 
tively. For your witnesses, there was Beaver, 
and Crisp, and Wright; these three, they did 
aay, that sir Patience Ward did say, as he be* 
Ueved, or according to the best of his memory ; 
but they woidd not take it upon Uieir^memonea 
precisely, but according to the best of their 
memories. And now for cobnel Birch, and 
Northey. and Nelaon, and Baker, and Perry ; 
they said, that he said, accordme to the best of 
his memory, but they could not bear very well 
what waa said ; so that they could not say any 
one sentence that was said, and that ia, I thinks 
the moat of the evidence, all your evidence, aa 
to words. You have brought some persons to 
testily for credit; truly, I think, that of aU 
the aldermen, one that hath paaaed the chair^ 
ahould not have brought under an alderman, at 
least, to have justified him. But 'tis plain 
there are others come and say. he waa a fair 
dealer, and they have known nim for a great 
many years. Nay, Imustconfess, here was one 
of his brethren, sir Harry Tub^, and truly he 
looked upon hijq ^§ a fair dealer, and did not 
look upon him as stained with any enormoua 
vice whatsoever. When he was asked by the 
king's cottosel, whether he did beheve he had 
swom true in thia particular, he could not say 
so there. But, gentlemen, for all this, I do not 
see any thing whatsoever hath beeti said, that 
doth suck upon his reputation, only this very 
thicg that he must be tried upon. And. gen- 
tlen^, upon the eridence you have B^ard, 



you are to consider the merita of the cause, and 
not the person, one way or other, any others 
wiae thm doth i^elate to at. If yon believe the 

ifitnesses that hare swom for the king, that ha 
witncsa to he of more value tiuun nine thousand i <hd swear this positively, then it is agreed, that 
that did awear upon their fldemories, and tbey { it was fals^ ; if he did swear it positively, then 



had some reason lo pay so too, for to observe 
there ia never a man that does oon^e positively ; 
but he doea say, as betakes it, sod be was sure 
k was right, although in some other \iaha it is 
pbuB he did misa. Bat he does say, it was 
Ime. But then for the next witnesses, Mr. 
Beaver and Mr. Crisp, they do come and say, 
bow that th^ defendBint did interlard his dis- 
aaarsa. as he believed, and as he beard. But 
vhsQ h« csama to be ninched ujfion that point. 
Bo yon awear this thing positively, or ac- 
oordug to tlka beat of your memory, then every 
one ok' them« (jfnv oonneet me, jf I he mis- 
Udm) every one of these witnease^ did say, it 
was according to the best of his memory. 
And, yBthMw, the nine witaeasea on the 
other aide, erery one of then did talus il upon 

Cowml* Ko^ na. 

L C. J, Look you, look you, gentlomaD^ 
one spake to one part of the words, another to 
aoathar; hot these witi^eaaes did annair pwi 
tirallir to vh^ Ibey did cwaar. 



you must find the defendant guilty. If so be 
you believe the evidence that liatb been given 
on the defendant's part, against the fcing*s evi- 
dence, if you do believe that, andnot the king's 
evidence, then you must aoqiat die defoodant. 
It is a great crime, that is the truth of it. 

The Jury withdrew, and iAcv soiAa time aa* 
turned, and brought the Dafondaot m Oaili^ | ^ 
bat before the day for Sentence, he thought ift 
best to go out o^ the way, haviuff had inteUa^ 
genee t£ey iatended toaet him inrne pillory. 



• 



A Asr the BevahitMNi, aur Patienca Ward 
one of the membera fotthtt city of toKhiiL 

" May 19th ;L^. Sir Patience Ward aMer^ 
naan of London, aad lately lotd niayor, was 
tried by a jmy of Middleaex, upon an uifonBa»- 
tiott agaioathim for peQoiy, for that he at the 
trial between the duke ot York and Mr. P|il- 
kJAgton in a £hcandalom Magaatem, did wil- 
fully aad loahciooally foifHraar JbifDaaiC Tto 



i$5l ] STATE Tk!ALS» 34 Charles IL 1 6%ii.^Trial d/ Benjamin Leech, [552 



^firoof against kirn was by six <yr seven persons, 
^three or four of which were alderaien of Lon- 
oon) and two or three of the jury in the former 
trial, who should testify that sir Patience did 
at that trial swear Positively, that the discourse 
concerning the duke of York was over before 
Mr. Pilkington came in, and that there was no 
mention made of cuttikig of throats while he 
was there. This was proved pretty plainly, that 
he sliould give this evidence at the trial ; the 
defendant's proof was first by Mr. Blandy, a 
barister, who testified he was at that trial and 
took notes in short hand (which he writes very 
liexteronsly) and that sir Patience did swear, 
that there was nothing mentioned of the duke 
%nt of 8t. James'sin ray hearing, aikl that there 
was no mention made of cutting of throats to the 
best of his remembrance j there were two or 
three other witnesses diat testified much the 
same thing ; there were also four or five per- 
sons of go^ credit and quality who were at the 
former trial,and testified the great caution sir Pa- 
tience used in the whole oaurse of his evidence ; 



then there lyere six or seven eminent cftixeiis 
and great tones who testified as to sir Pa- 
tience's credit and reputation, that they had 
known him many years and beinff concerned 
with him in great dealings, that 3iey, always 
found him a very jo^ and honest man, and that 
they did believe he would not wilfully forswear 
himself; the trial lasted about five hours, so 
the jury retired from the bar and gave a private 
verdict and found the defendant guilty, which 
they afiirmed the 21st in open coort; and 
then alderman John Foster produced a letter 
was privately sent to him, since they gave 
their private verdic^ directiiie bow they might 
find their verdict in behalf of sir Patience." 
Narcissus Luttrell's Brief Historical Relation^ 
MS. in the library of All ^uls College, Ox- 
fore. By a subsequent entry in LuttreU's MS.^ 
under date June 30th' 1683, it appears that 
Robert Blandy, esq. a gentleman or the Tem- 
ple, was taken on account of the plot. 8ee 
Introduction to the Trials for the Ilye House 
Pk>t in this Collection. 



253. 



Proceedings against Mr. Benjamin Leech, Bricklayer, at the 
Old Bailey, tor a Contempt,* in offering a frivolous Plea to 
the Court: 34 Charles IL a. v. 1682. 



ThB Poll of election for mayor for the year 
ensuing bein^ continued hya^oumments irom 
Michael mas-day to the 2d of October, one Ben- 
jamin Leech, bricklayer, hewg a freeman and 

fiTeryman of London, came to Guildhall to poll, 

, ■■ I ■ 1 * 11 ■ I ■ ■ I .1 ■■ ■ ' ■ii i ■ I ■ 

* For a curious instance of commitment for 
Contempt, see a Note to the Case of Pilking- 
ton and others, at p. 187, of this Tolume : and 
for more concerning the punishments for Con- 
tempts, see the Case of^ Richard Thompson, 
vol. 8, p. 1, and the Notes to that Case. 

<* October, 1682. One Leach, a bricklayer, 
having spoke words at the last election of a 
lord mayor, that the two sheriflis were toob 
set up by the lord naayor ; a bill of indictment 
was preferred against nim to the grand Jury at 
the Old Bailey, and they returned it Bilhi 
Vera ; but the sidd Leach gave in a special 

Slea, having councQ to argue the same ; but 
Ir. Justice Levins and Mr. Recorder, who 
were then on the bench, would not meddle 
with thfe same, without the advice of the other 
judges'; but the lord mayor and the aklermen 
overruled the said plea, and fined him twenty 
marks, as < nihil didt.' '' Narcissus Luttrell^ 
** Brief Historical Relation of State Affairs.*' 
MS. in the library of AU Soul»' college, Ox- 
ford. 

From the same MS. is extracted also the 
following brief account of another prosecution 
ibr Words, which happened about the same 

time: 

• « 

• " Oct. 31, 1682. Mr. Edward Whitakei: 
(far the true 'Prvtestaat Attorney, at some cafl 

9 



wherein in discourse he was charged to hart 
said to this effect, " That sh- William PrichartI 
should never be lord-mayor, unless he came in 
by stealth, as North and Rich were shcrifis ;" 
for which he was, without any constable 

him) was tried at the King's-bench bar by a 
substantial juij of the county of Somerset for 
speakine' seditious and scandalous words at t^e 
ctty of Bath in the said county, about the lat- 
ter end of July, 1630. The words were to this 
efiect, < That there was talk of a war and re- 
bellion in the late times, but he knew of none : 
it is true there was«a war by the parliament 
and people in defence of their just liberties^ 
and that the late king was put to death by a, 
judicial process and not murdered ; and that 
the people had right to a parliament every 
year, and they ouffbt to sit whether called 
or not.' This was fully proved by three wit- 
nesses, viz. one George Clark, esq. a justice 
of }>eace of that county, sir James Long, and 
an alderman of the city of Bath, who neard 
this discourse in a nubnccoflTee-honse in that 
city : but the saia Whitaker not appearing*, 
nor any for him, the inquest was taken by de- 
fault ; so that the Jury, without stirring from 
the bar, found him guilty." 

** Mr. Whitaker, who was lately oonyicted 
of Seditious Words, his wife petitioned the 
Judges that her husband might have anew 
trial, he having not due notice thereof; but 
the judges rejected the same. " 

Kennett (Compl. Hist. vol. 3, p. 450, 9d ed.) 
says, under date 1666, '' Mr. £dw. Whitckcr 



S5S] STATE TSIAIA 34 Chasles II; iGSi^er ttCani^fi of Courh [554 ' 

audita .di« erMrum lif;eoruni et subditonun Had 
Domini Kesris, civium civitatiii predicts, pub<- 
licavit, Quod Pricbard (prefatum Williclmun v 
Pricbard Militem, uinueado) nbn ibret Oonii'- 
nus Maior, (Dominus rilaior civitatia pi-edictse 
iimueado)DisiforetDomiDus Maior ilVicifje, et / 
per furtum, Anglice by Steait/i, prout viceco« 
mites (pretatum Dudley Noitb et Petrum Rich 
vic<:comites civitatis predictiC et comitatus (pre- 
dict!, innuendo^ tiierunt yicecoiuites avitati« et 
comitatus predictic: Ad maij^nam disturbatiitneia 
pacts die ti Domiai llc^s, ad magBum uppro* 
brium gubematorum et ^bernatioiii civitatis 
predictte ; necnon ad scaridalum, opprobrium^ 
de^inationem preiati Williefnii I'richard Mili- 
tis et preiati Dudley Nortb et Petri Ilicli 
debito modo eiecti vicecomttum civitatis et 
comitatus predicttt, in malum excmplum 
omnium aiiorum consimili casu deboqueU'r 
tium, ac contra pacem dicti Domini Kegitf 
nunc, coronam et dignitatem suam, Scc» 

London, sf. 

The Jurors for our lord the kinc*, upon their 
oaths do present, That Benjamin Leech, late of 
London, bricklayer, being a pen»on of an evil 
and perverse disposition, the second day of 
October, iu the thirty -fourth year of the reig^ 
of our lord Charles the Second, by the grace of 
God of England, Hcotland, France, and Ireland, 
king, defender of the faith, &c. devising, and 
falsely and maliciously intending the peace » 
our said lord the king, within the city of Lon- 
don, to disquiet and distuiH^, and divers dif- 
ferences and dissentions amongst the citizens of 
the city aforesaid, and other tne liege people 
and subjects of our said losd the king, within 
this kingdom of England, of and concerning 
the election of a mayor and sheriffs of the tity 
aforesaid, and county of Middlesex, to stir up, 
move and procure ; and one sir W illiam Pricb- 
ard, knight, then, and yet one cf the aiUenueA 
of the city aforesaid, then in election of mayor 
of the city aforesaid, being fori one year tden 
and yet to come ; and also oife Dudley 
North, esq. and one Peter Rich, esq. which 
Dudley North and Peter Kich, lately before 
that time, in a due and lawful manner, accord- 
ing to the ancient pri\41eges and customs oi'that 
city aforcsud, were elected and sworn sIteriUk 
of thecity of Ijondon, and county of.Middle- 
sex ; and the election of the aforesaid shcritfs 
by the citizens of the city aforesaid made, into 
the greatest bati*ed, contempt, and scandal, to 
brinff, the aforesaid Benjamin I^ieech after- 
wards, that is to say, the said second day 
of October, in the year above -said, at Lon- 
don, vi^. in the parisli of St. Michael Bassishaw 
in the ward of Bas^ishaw, London, aforesaid, in 
the Guildhall of the city luyj. .<aid, there hi$ 
aforesaid contrivance;; and ir/.eT.tions the better 
to perform, having discourse wiih one Thomaa 
Smyth, in Guildhall aforcHaid, then and there 
falsely, unlawfully, unjustly, and maliciously 
did say, relate and in the hearin«f of divers th« 
liege people and subjects of onr said lord the 
kin*^, citizens of the city aforesaid, publish, 

2A 



'€r otber kgd «fiioer, caitM bdbre air John 
Moor, lord-mayor, before whom be owned the 
irards, or words to that effect, whereupon he 
was, by the lord mayor, oommitt^ immedi- 
ately to the Compter, from whence he was 
bailed iieict day, ^ving his recognizance, 
with sureties, to appear at the next sessions 
at Gnibt-hall ; whieh sessions of the peace 
beinff adjourned to the ISth of October to the 
Old-Bailey, there was a Bill of Indictment pre- 
lerred and found acrainst the said Mr. Leech, 
the tenor of which foUoweth, viz. 

London, M. 

Joratores pro Domino Rege, super sacra- 
nentum suum prfsentant, quod Benjdminus 
Leech nuper de London, Bricklayer, existens 
persona Tualfle et perversa dispositionis, secundo 
die Octobris, Anno Regni Domini nostri Caroli 
secnndi, Dei g^ratia Angliee, Scotite, Francifb, 
et Hibemta ]&gis, fidei Defensoris, &c. trice- 
aimo quarto ; machinans, et false et malitiose 
iatendens pacem dicti Domini Regis infra civi- 
tatem London, inquietareet perturbare^ ac di- 
Tersas ditTerentias et dissentiones inter cives ci - 
yitatis Indicts, et alios ligeos et subditos dicti 
IKmnm Regis infra hoc Regnum Anglite, de et 
eonoernens electione Maioris civitatis predictee, 
et vice CDtnitum civitatis predictte et comitatus 
Mkidlesex, snscitare, roovere, et procurare ; et 
quendam Willielmum Pricbard Militem, adtunc 
ct adbuc unnm Aldermannorum civitatis pre- 
dicts, et adtunc in electione pro Maiore civitatis 
pre dictie , existens pro uno anno adtunc et adhuc 
yesturo ; necnon quosdam Dudley North Ar- 
n^penim, et Petrum Rich Armigefum, qui qui- 
dem Dudley North et Petrus Rich nuper pro 
' antea debito l^ttimo modo, secundum antiquas 
pritilegias et consuetudines civitatis predictse, 
eiecti et jorati iuerunt ricecomites civitatis Lon- 
don, et comitatus Middlesex ; et clectionem prce- 
fid. vieecomitum per cires civitatis preuicta 
fiketam in maximum odium, conteraptum, et 
scaadalum inferre, ipse predictus benjamin us 
Leedk postiea, scilicet dicto secundo die Octo- 
bris anno supradicto, apud liondon, ridelicet, 
ia parochia Sancti Michaelis Bassishaw, in 
Ward^ de Bassishaw, Londoiy, predict, in Guild- 
bail civitatis predictie, ibidem ad predict macbi- 
nati^^nes et iotentiones suas melius perficiend. 
habeas colloquium cum quodam Thoma Smyth 
is Guildhall predicta, adtunc et ibidem falso, 
iflicitp, injuste et malitiose dixit, retulit, et in ^ 

bad been convicted in Easter Term, 'l682, for 
'justifying the rebellion of Forty -one, and the 
' murder of king Charles I. and flying for the 
' same had absconded ever since.' Mr. Attor- 
oey-General, in Michaelmas Term, moved for 
judgBient against him ; and the court mQudged 
iBBi ' to pay a fine of 1,000 marks, and re- 
' niab in prison (when^ taken) till the same be 
i paid.' " 

I conjecture that these two accounts, not- 
withstanding the slight disagreement between 
Ibem 88 to time, relate to the same conviction. 

TOL. IX. 



J55] STATE TRIALS, 54 CnJOkLU IL l€M.^Tr(albf Bodmin Leeek. [8ftfr 



TbatFricbard (the aforesaid sir Wtlliain Prieh- 
, aiti, kni^, meaoing) should not be lord*niayor, 
(lord mayor of tiie city aforesaid^ iDcaning) 
Hnless he wouid be lord -mi^vor unlawfully, and 
by slealtb, as the sbmffs (the aforesaid Dudley 
North and Peter Rich, sheriffe oftherity and 
county aforesaid, raoauinfij) were sheriflfe of the 
city ami county aforesaid : to the prreat distur- 
bance ofthe peace of our said lord the king, to 
^e great dis|)aragement of the governors and 
governmentof the city atbresaid, and also the 
scandal, disparagement and defamation of the 
aforesaid sir William Prigbard, and the afbre- 
iaid Dudley North, and I^ter Rich, in due 
ibanner elected sheriffs of the city and county 
•Ibresaid, to the evil example of all others in the 
like case ofTending, and against the peace of our 
said lord the Jcing that now is, his crown and 
dignity, Sec. ^' 

Whereunto the Defendant offered the Plea 
fbllowiug. 

Leech ad s^ > 
Domuii R^u,\ 

£t prcedictus BenjamiDiis Leech, in propria 
persona sua venit et defendit vim et injunam 
quandov &c. et omtiiitm contemj>tam et qutc- 

auid, &c. et petit judicium de indictamento pre- 
ido, quia dicit ^od juratores pro Domino 
Rege predicto, qui mdictamentum ulud fecerunt 
et presentavenint adinde retomati etimpannel-. 
lati fiierunt per quosdam Dudley Nortii Armi- 
gerum, et Petrum Rich Aimigeriini, tanquam 
vicecomites civitatis London, qui qnidem Dud- 
ley et P^trus tempore panneUi et relomalns 
ilhns ner eos sic sancti, non f uerunt nee eonim 
alter fuet vicecomites dictee civitatis London, 
per qiiod idem hidictamentum sic fkctura et pre- 
aentatum per hujusmodi juratiires sic ut pre- 
ibrtur impannellatos et retomatos per peraonas • 
tunc non existentes vicecomites civitatis pre- 
dictae, vigore statnti in hujusmodi caisu editi et 
provisi, vacuum in lege existit et nullius ef- 
iectus, et hoc paratus est verifioare ; unde 
petit judicium de indictamento illo, et quod 
mdictamentom illud cessetur, (Sec. 

W. THOM